Table 17.48-3: Allowed Encroachments into Required Setbacks
Maximum Projection into Setback and Yard
Minimum Distances from Property
Lines Front Rear Interior
Side
Exterior
Side
Decorative Site Features
Trellis structure up to 10 ft. in height open
on all sides; arbors with a minimum of 2
open sides utilized over a walkway
No max No max No max No max All: No min
Trellis structure up to 10 ft. in height open
on at least 3 sides, and the walls of the
structure are at least 50 percent transparent
Not allowed No max No max Not allowed Rear and Interior Side: No min Front and Exterior Side: Not allowed
Planter boxes and masonry planters with a
maximum height of 42 inches No max No max No max No max All: No min Decorative ornamental features up to a
maximum height of 6 ft. which does not
enclose the perimeter of the property
No max No max No max No max All: No min
Entertainment Features
Hot tubs Not allowed No max Not allowed Not allowed Rear: 2 ft.
All Other: Not allowed
Pools Not allowed No max Not allowed Not allowed Rear: 5 ft.
All Other: Not allowed
Fire pits up to 30 inches in height No max No max No max No max All: 5 ft.
Pergolas up to 10 ft. in height and open on
all sides Not allowed No max No max Not allowed Rear and Interior Side: 3 ft. Front and Exterior Side: Not allowed Outdoor kitchens. The kitchen may include
gas, electric and plumbing, except electric
service may not be 220 volts and drain size
may not exceed that allowed for a mini-bar.
Includes pizza ovens.
Not allowed No max Not allowed Not allowed Rear: 5 ft.
Other Structures and Equipment
Children’s play equipment, movable dog
house, and similar movable objects No max No max No max No max All: No min Rain harvest tanks that do not exceed 8 ft. in
height Not allowed No max No max No max Front: Not allowed All Other: No min
Backup electricity generators Not allowed 5 ft. Not allowed Not Allowed Rear: No min Screened mechanical equipment including
hot water heaters and air conditioning units Not allowed No max No max Not allowed Rear and Interior Side: 3 ft.
Front and Exterior Side: Not allowed
F. Encroachments in the Public Right-of-Way.
1. A privately installed structure may encroach into the public right-of-way only when the encroachment is authorized by the public works director or planning commission as provided in Chapter 12.56 (Privately Installed Improvements on Public Property or Easements).
2. In the coastal zone, a privately installed structure encroaching into the public right-of-way may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval), with the additional findings that the encroachment does not restrict lateral and vertical public coastal access, does not obstruct public coastal views, and does not impact ESHA, as identified in the local coastal program. To the extent the encroachment is allowed, all encroachments shall be revocable.
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Chapter 17.52 ACCESSORY STRUCTURES AND USES
G. Building Separation. Separation between two or more buildings shall be as required by the California Building Code. This requirement applies to buildings on a single lot and buildings on adjacent lots.
H. Basements. Basements are subject to the same property line setback requirements as the ground floor.
17.48.040 Floor area and floor area ratio.
A. Floor Area Defined. “Floor area” means the sum of the horizontal areas of all floors of an enclosed structure, measured from the outside perimeter of the exterior walls.
B. Floor Area Calculation.
1. Floor area includes all interior area below a roof and within:
a. The outer surface of the exterior walls; or
b. The centerlines of party walls separating buildings or portions thereof; or c. All area within the roof line of a carport.
2. Floor area includes the entire area in all enclosed structures without deduction for features such as interior walls or storage areas.
3. In the case of a multistory building with covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features is counted only once at the floor level of their greatest area of horizontal extent.
See Figure 17.48-3.
Figure 17.48-3: FAR Measurement for Stairways
4. Interior area of a building with a floor-to-ceiling height of greater than sixteen feet is counted twice in the floor area calculation.
5. The following features are included in the floor area calculation:
a. All upper-floor area greater than four feet in height, measured between the bottom of the upper floor and the top of the ceiling.
b. All accessory structures other than a single building one hundred twenty square feet or less, ten feet or less in height, and without plumbing fixtures.
c. Carports.
d. Upper floor decks in excess of 150 square feet.
6. For all uses, the following features are excluded from the floor area calculation:
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a. Covered or uncovered first-story decks and patios.
b. TrellisesPergolas, porte-cocheres not more than ten feet in height, and similar outdoor space which is open on at least three sides, not including carports.
c. Upper floor decks 150 square feet or less.
dc. Bay windows, chimneys, and other similar wall projections. ed. Up to two hundred fifty square feet of an enclosed garage on a lot two thousand five hundred eightysix square feet or less. fe. On a lot between two thousand five hundred eighty-six and three thousand eighteen square feet with an enclosed garage, up to the difference between the maximum allowed floor area and one thousand seven hundred fifty square feet.
gf. Underground parking garages not visible from a public street. hg. Basements when all walls are below grade and not visible. Basements are included in calculations of required on-site parking to serve the use.
7. For nonresidential uses, the following features are excluded from the floor area calculation:
a. Outdoor improvements such as patios, decks, courtyards, outdoor dining areas, and other areas used by customers and employees. These features are included in calculations of required on-site parking to serve the use.
b. Arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas. c. Quasi-public seating areas located in a privately owned shopping center which are open to all of the patrons of all of the businesses of the shopping center and which consist of a seating area or similar area where there are tables, chairs, benches or landscaping or other similar amenities.
C. Floor Area Ratio.
1. Floor area ratio (FAR) is calculated by dividing the total floor area of all buildings on a site as defined in subsection B of this section (Floor Area Calculation) by the net parcel area.
2. Net parcel area excludes: (a) any recorded easements to allow others to use the surface of the property for access to an adjacent property or other similar use, and (b) any area under the high water mark that extends into a waterway.
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Chapter 17.52 ACCESSORY STRUCTURES AND USES
Chapter 17.52
ACCESSORY STRUCTURES AND USES
Sections:
17.52.010 Purpose and applicability.
17.52.020 Accessory structures.
17.52.030 Accessory uses.
17.52.010 Purpose and applicability.
This chapter establishes requirements for accessory structures and uses in residential and nonresidential zoning districts. These requirements do not apply to accessory dwelling units, including two-story accessory dwelling units above a detached garage, which are addressed in Chapter 17.74 (Accessory Dwelling Units). (Ord. 1043 § 2 (Att. 2), 2020)
17.52.020 Accessory structures.
A. All Accessory Structures. The following requirements apply to accessory structures in all zoning districts:
1. Accessory structures shall be clearly incidental and subordinate to the primary structure on the same lot.
2. Accessory structures may not be located on a separate lot from the primary use to which it is incidental and subordinate.
3. A minor design permit is required for garages, sheds and other enclosed buildings with one or more of the following characteristics: an enclosed area of over one hundred twenty square feet, a height of over ten feet, or plumbing fixtures per Section 17.120.030(A).
4. Accessory structures attached to a primary structure are considered a part of the primary structure and shall comply with all standards applicable to the primary structure.
5. Accessory structures may not be designed or used as a bedroom, sleeping area, and/or kitchen, except for accessory dwelling units consistent with Chapter 17.74 (Accessory Dwelling Units) and outdoor kitchens.
6. In the coastal zone, accessory structures shall be sited and designed so that they do not extend into setbacks associated with coastal resource issues (e.g., ESHA setbacks and coastal hazard setbacks). A proposed accessory structure that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in
17.44.130 (Findings for approval).
B. Accessory Structures in Residential Zoning Districts.
1. Development Standards. Accessory structures in residential zoning districts shall comply with the development standards in Table 17.52-1 and in Figure 17.52-1.
Table 17.52-1: Accessory Structure Standards in Residential Zoning Districts Single-Family Residential Zoning
Districts
Multifamily Residential Zoning
Districts Additional Standards
Height, Maximum
Structure 15 ft. [1] 15 ft. Section 17.52.020(B)(2)
Top of Wall
Plate
9 ft. 9 ft.
Width, Maximum 23 ft. for detached garages;
None for other accessory structures
None
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Single-Family Residential Zoning
Districts
Multifamily Residential Zoning
Districts Additional Standards
Setbacks, Minimum Section 17.52.020(B)(3)
Front 40 ft. for detached garages;
Same as primary structure for other
accessory structures
Same as primary structure
Interior Side 3 ft. 3 ft.
Street Side Same as primary structure 3 ft.
Rear 3 ft. 3 ft.
Note:
[1] Accessory structures less than eight feet from a rear or interior side property line may not exceed twelve feet in height.
Figure 17.52-1: Detached Garage Standards in Residential Zoning Districts
2. Height Exception. The planning commission may approve an exception to allow additional height of an accessory structure if necessary to match the architectural style of the existing primary structure.
3. Setback Exceptions. One accessory structure permanently attached to the ground is allowed in required side and rear setback areas if the structure is less than ten feet in height, has one hundred twenty square feet or less of enclosed area, and has no plumbing. One additional accessory structure is allowed in required side and rear setback areas with an administrative permit.
4. Driveway Standards. The placement of detached garages shall allow for the design and location of driveways consistent with Chapter 17.76 (Parking and Loading).
5. Nonconforming Garages. An existing detached garage in a residential single-family zoning district that does not comply with development standards in Table 17.52-1 is legal nonconforming and may be repaired, renovated, or replaced; provided, that the nonconformity is not increased or exacerbated.
6. Yards. An accessory structure may not be located within a front or exterior side yard except as specified in
17.48.030.E (Allowed Encroachment in Setback Areas and Yards).
C. Accessory Structures in Nonresidential Zones. Accessory structures in nonresidential zoning districts are subject to the same development standards (e.g., height and setbacks) as primary structures in the applicable zoning district.
Accessory structures should be located to the side or rear of buildings and screened from public view. (Ord. 1043 § 2 (Att. 2), 2020)
17.52.030 Accessory uses.
A. Residential Accessory Uses. The following requirements apply to accessory uses in residential zoning districts:
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1. Accessory uses shall be located on the same parcel as a residence and shall be clearly incidental and subordinate to the residence.
2. Accessory uses shall not change the character of the residential use. Examples of permitted accessory uses include home occupations and personal property sales (i.e., garage or yard sales).
B. Nonresidential Accessory Uses. The following requirements apply to accessory uses in nonresidential zoning districts:
1. Accessory uses shall be a part of and clearly incidental and subordinate to the primary use to which it relates.
2. Accessory uses shall be located on the same parcel as the primary use to which it is incidental and subordinate, within the structure.
3. Accessory uses shall be customarily associated with the primary use to which it is incidental and subordinate.
Examples of common nonresidential accessory uses include ATMs, vending machines, newsstands, and personal service establishments (e.g., child day care, food services) intended to serve employees or customers and that are not visible from public streets.
4. All exterior vending machines require a conditional use permit.
5. Accessory uses may not necessitate an increase in required number of parking spaces. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.72 LANDSCAPING
Chapter 17.72
LANDSCAPING
Sections:
17.72.010 Purpose.
17.72.020 Applicability.
17.72.030 Water efficient landscape design and installation ordinance.
17.72.040 Landscape plans.
17.72.050 Required landscape areas.
17.72.060 Landscape standards.
17.72.070 Landscape maintenance.
17.72.010 Purpose.
This chapter establishes landscaping standards to enhance the aesthetic appearance of developed areas in Capitola and to promote the efficient use of water resources.
17.72.020 Applicability.
A. Multifamily and Nonresidential Projects. The following multifamily and nonresidential projects shall comply with all requirements of this chapter:
1. Construction of new structures.
2. Additions that increase the floor area of a multifamily or nonresidential structure by three thousand square feet or more.
B. Single-Family Residential Projects.
1. New single-family homes shall comply with all requirements of this chapter.
2. If existing landscaping is disturbed or new landscaping is added as part of a remodel or addition to an existing single-family home that requires a design permit, the new landscaping shall comply with the standards in Section 17.72.060 (Landscape standards). The city will evaluate compliance with these standards based on the plans and materials submitted as part of the design permit application. Submittal of a landscape plan for the entire site in accordance with Section 17.72.040 (Landscape plans) is not required.
C. Coastal Development Permit. A proposed development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).
17.72.030 Water efficient landscape design and installation ordinance.
In addition to the requirements of this chapter, all applicable development in Capitola shall also comply with the applicable water provider’s (i.e., the city of Santa Cruz water department or Soquel Creek Water District) landscape water use efficiency ordinance. If conflicts occur between the applicable water provider’s landscape water use efficiency ordinance and the zoning code, the more restrictive policy to conserve water shall control.
17.72.040 Landscape plans.
A. Landscape Plan Required. Projects subject to the requirements of this chapter shall submit a landscape plan as part of planning permit applications (e.g., design permit/coastal development permit applications) and subsequent building permit applications.
B. Required Contents. Landscape plans shall include the following features and information:
1. Site boundaries.
2. Existing conditions on the property, including contours and existing structures. 164
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3. Structures immediately adjacent to the property.
4. New structures and improvements proposed as part of the development project.
5. Existing landscaping, trees, and vegetation to be retained specifying plant location, species, and size. Details of all existing trees shall also include tree diameter measured forty-eight inches above existing grade and outer limit of tree canopy and a label identifying if the tree will remain or be removed.
6. New landscaping proposed as part of the development project specifying plant location, species, and size.
7. Irrigation plan specifying the location, type, and size of all components of the irrigation system.
8. Proposed grading.
9. Additional information as determined by the community development department to demonstrate compliance with the requirements of this chapter.
C. Review and Approval. The community development department shall review all landscape plans to verify compliance with this chapter. Landscape plans shall be approved by the review authority responsible for approving the planning permits required for the proposed project.
D. Changes to Approved Landscape Plans.
1. Substantial modifications to an approved landscape plan shall be allowed only by the review authority which approved the landscape plan.
2. The community development director may approve minor modifications to a landscape plan previously approved by the planning commission. Minor modifications are defined as changes to a landscape plan that do not alter the general design character of the landscaped area or alter a feature of the landscaped area specifically required by the planning commission.
17.72.050 Required landscape areas.
A. Residential Zoning Districts.
1. All required front and street side setback areas, excluding areas required for access to the property, shall be landscaped and maintained. See Figure 17.72-1.
2. Landscaping may consist of any combination of living plants, such as trees, shrubs and grass with related natural features, such as rock, stone, or mulch; and may include patios, courtyards, and outdoor dining areas.
Artificial grass may be used within required landscaping areas. Decorative hardscape featuring pervious materials is permitted within required landscaping areas when combined with natural vegetation.
Figure 17.72-1: Required Landscape Area in R-1 Zoning District 165
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B. Nonresidential Zoning Districts.
1. Except in the I zoning district, all required front and street side setback areas shall be landscaped, excluding areas required for access to the property and public or quasi-public open space such as courtyards and outdoor seating.
2. The minimum landscaped area on a site is shown in Table 17.72-1.
3. In the MU-V and MU-N zoning districts, up to seventy-five percent of the minimum landscaped area may be occupied by outdoor dining areas, courtyards, and other similar quasi-public areas with planning commission approval. Hardscape areas counting towards landscaping requirements must contain aboveground planters and other similar features that incorporate greenery and plantings into the space design. In all other zoning districts these areas may not count toward landscaping requirements.
Table 17.72-1: Minimum Landscaped Area in Nonresidential Zoning Districts Zoning Districts Minimum Landscaped Area
MU-V, MU-N, C-R, C-C, CF, I 5%
P/OS, PD, -VS As determined by the permit approval process C. Visitor Serving Properties. Minimum required landscaping for certain visitor serving properties are shown in Table 17.72-2. Minimum landscaping requirements are intended to ensure harmony with adjacent development in accordance with architectural and site approval standards.
Table 17.72-2: Minimum Landscaped Area for Visitor Serving Properties Property Minimum Landscaped Area
Rispin site 75% as either landscaped areas in developed areas of the site, or unlandscaped natural areas in areas subject to conservation easements
Shadowbrook restaurant parcel and visitor
serving El Salto and Monarch Cove parcels
50% landscaped area or undeveloped open space
All other visitor serving properties 5%
17.72.055 Parking Lot Landscaping
A. General Standards. All landscaping within parking lots shall comply with the requirements of Chapter 17.72 (Landscaping) in addition to the standards within this section.
B. Landscaping Defined. Except as otherwise specified in this section, parking lot landscaping and landscaped areas shall consist of plant materials, including any combination of trees, shrubs, and ground cover.
C. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped. For parking lots with more than fifteen spaces, the minimum amount of interior landscaping is specified in Table 17.76-5. “Interior landscaping” is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, and excluding areas around the perimeter of the parcel or development site.
Table 17.76-5: Minimum Required Parking Lot Landscaping 166
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Number of Required Parking
Spaces
Percent of Surface Parking
Area to Be Landscaped
16 to 30 10%
31 to 60 15%
Over 60 20%
D. Shade Trees.
1. One shade tree shall be provided for every five parking spaces in a parking lot.
2. Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.
3. Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.
4. Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty-foot canopy) on August 21st. The arrangement should approximate nearly fifty percent shade coverage.
5. The planning commission may grant an exception to the required tree plantings if the fifty percent shade coverage exists within the parking lot.
E. Concrete Curbs.
1. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of four inches high by four inches deep.
2. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.
F. Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped with low shrubs or ground cover in which a vehicle could extend over in lieu of paving surface. This landscaping may not count toward minimum required parking lot landscaped area.
G. Timing. Landscaping shall be installed prior to the city’s authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot.
H. Green Parking Exemptions. Parking lots that incorporate solar panels, bioswales, and other similar green features into the parking lot design are eligible for reduced parking lot landscaping requirements with planning commission approval of a design permit.
I. Exceptions. The planning commission may grant an exception to the parking lot landscaping requirements in this section with the approval of a design permit upon finding that:
1. Full compliance with the requirement is infeasible or undesirable;
2. The project complies with the requirement to the greatest extent possible; and
3. The project incorporates other features to compensate for the exception and create a high-quality design environment.
17.72.060 Landscape standards.
A. General Standards. The following standards apply pursuant to Section 17.72.020 within all zoning districts:
1. Plant Selection. A minimum of ninety percent of plants and trees shall be drought-tolerant as defined by the 167
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Water Use Classification of Landscape Species (WUCOLS). Native plants adapted to the local climate are preferred.
2. Plant Selection Along Blufftop, Beach, or ESHA. Native plants adapted to the local climate shall be required within fifty feet of the blufftop edge, the beach, or ESHA. See Chapter 17.64 (Environmentally Sensitive Habitat Areas) for habitat requirements.
3. Storm Water Management. The landscape plan shall incorporate storm water management controls in compliance with the Regional State Water Resources Control Board.
4. Turf Lawns.
a. Turf areas shall be limited to twenty-five percent of the landscaped area. The planning commission may approve larger areas if the lawn area provides functional open space. b. Drought-tolerant grass species shall be used exclusively. c. Turf shall not be used on berms, slopes, or median islands where runoff is a problem.
5. Slopes. Turf and high water use plants shall not be planted on berms and slopes greater than twenty-five percent.
6. Plant Groupings. Where irrigation is proposed, plants shall be grouped in separate hydrozones (i.e., plants within each irrigation valve area shall have the same watering requirements).
7. Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) must be approved by the planning commission and shall have recirculating water systems. Automatic fill valves are not recommended for use within water features.
8. Watering Times. Watering shall be limited to between eight p.m. and ten a.m.
9. Public Safety. Plant species shall be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation or safety and do not conflict with overhead lights, or utility lines.
B. Irrigation and Water Efficiency. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray, and other similar conditions where water flows outside of landscaped areas. Irrigation systems shall feature the following equipment:
1. Irrigation systems shall meet a minimum irrigation efficiency standard of the applicable water provider.
2. Separate landscape water meters for landscape areas exceeding ten thousand square feet for single-family residential uses and five thousand square feet for all other uses.
3. Irrigation controllers capable of percent adjustment, multiple programming, and rain sensor.
4. Overhead sprays shall have a precipitation rate of no more than three-quarters of an inch per hour.
5. Separate valves and circuits based on water use and sun exposure. Separate valves for turf and nonturf and berm areas are required.
6. Sprinkler heads and emitters selected for proper area coverage, application rate, operation pressure, adjustment capability, and ease of maintenance.
7. Rain-sensing override devices are required for all irrigation systems.
8. Drip or bubble irrigation is required for all trees. Bubblers should not exceed a flow rate of one and one-half gallons per minute.
9. State-approved backflow prevention devices shall be installed on all irrigation systems. 168
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C. Timing of Installation. Landscaping systems shall be installed prior to final building permit inspection or certification of occupancy.
17.72.070 Landscape maintenance.
The following landscape maintenance requirements apply to multifamily and nonresidential properties:
A. General. Landscape areas shall be maintained in a neat and healthful condition at all times.
B. Mulch. Mulch shall be periodically added to the soil surface in all landscape areas.
C. Replacement of Dead or Dying Plants. Plants that are dead or severely damaged or diseased shall be replaced by the property owner.
D. Removal of Landscaping. Any removed mature landscaping shall be replaced with landscaping of similar size and maturity as that which was removed. Trees may only be removed and/or replaced in accordance with the city’s tree ordinance, Chapter 12.12.
E. Irrigation Systems. Irrigation systems shall be maintained in a fully functional manner as approved by the city and required by this chapter. Watering schedules should be adjusted periodically to reflect seasonal variations. 169
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Chapter 17.74 ACCESSORY DWELLING UNITS
Chapter 17.74
ACCESSORY DWELLING UNITS
Sections:
17.74.010 Purpose.
17.74.020 Definitions.
17.74.030 Permitting process.
17.74.040 General requirements.
17.74.050 Units subject to limited standards.
17.74.060 Units subject to full review standards.
17.74.070 Units requiring a design permit.
17.74.080 Development standards.
17.74.090 Objective design standards.
17.74.100 Deviation from standards.
17.74.110 Findings.
17.74.120 Deed restrictions.
17.74.130 Incentives.
17.74.010 Purpose.
A. This chapter establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 65852.2 through 65852.22. These standards are intended to allow accessory dwelling units as a form of affordable housing in Capitola while maintaining the character and quality of life of residential neighborhoods.
B. It is the City’s intent for the chapter to be consistent with state law as it is amendment from time to time. In case of conflict between this chapter and state law, state law governs unless local variation is permitted.
17.74.020 Definitions.
Terms used in this chapter are defined as follows:
A. “Accessory dwelling unit” means a self-contained living unit located on the same parcel as a primary dwelling unit.
B. “Attached accessory dwelling unit” means an accessory dwelling unit that:
1. Shares at least one common wall with the primary dwelling unit; and
2. Is not fully contained within the existing space of the primary dwelling unit.
C. “Detached accessory dwelling unit” means an accessory dwelling unit that does not share a common wall with the primary dwelling unit and is not an internal accessory dwelling unit.
D. “Internal accessory dwelling unit” means an accessory dwelling unit that is fully contained within the existing space of the primary dwelling unit or an accessory structure.
E. “Junior accessory dwelling unit” means an accessory dwelling unit no more than five hundred square feet in size and contained entirely within a single-family residence. For purposes of this definition, attached garages and other enclosed uses within the residence are considered a part of a single-family residence.
F. “Two-story attached accessory dwelling unit” means an attached accessory dwelling unit that is configured as either:
1. Two stories of living space attached to an existing primary dwelling unit; or
2. Second-story living space above a ground-floor garage or living space in an existing primary dwelling unit. 170
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G. “Two-story detached accessory dwelling unit” means a detached accessory dwelling unit that is configured as either:
1. Two stories of living space in a single accessory dwelling unit; or
2. Second-story living space above a ground-floor garage or other accessory structure.
17.74.030 Permitting process.
A. When Consistent with Standards.
1. Except when a design permit is specifically required by this chapter, an accessory dwelling unit that complies with all standards in this chapter shall be approved ministerially with an administrative permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative permit application.
2. If an existing single-family or multifamily dwelling exists on the parcel upon which an accessory dwelling unit is proposed, the Ccity shall either approve or deny act on an application to create an accessory dwelling unit 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.
3. If the city denies an application for an accessory dwelling unit, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
a. The city has acted on the application if it:
i. Approves or denies the building permit for the accessory dwelling unit; ii. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter; or
iii. Determines that the accessory dwelling unit does not qualify for ministerial approval. 4b. If the accessory dwelling unit application is submitted with a permit application to create a new singlefamily or multifamily dwelling on the parcel, the city may delay acting approving or denying on the accessory dwelling unit application until the city acts onapproves or denies the permit application for the new singlefamily dwelling. The accessory dwelling unit shall be considered without discretionary review or hearing.
5. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
B. Two-Story Units. A two-story accessory dwelling unit (attached or detached) greater than sixteen feet in height requires planning commission approval of a design permit. To approve the design permit, the planning commission must make the findings in Section 17.74.110. A two-story accessory dwelling unit must comply with the standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) unless the planning commission allows a deviation through the design permit process.
C. When Deviating from Standards. An accessory unit that deviates from any standard in Section 17.74.080 (Development standards) or 17.74.090 (Objective design standards) may be allowed with planning commission approval of a design permit. See Section 17.74.100 (Deviation from standards).
D. When Dependent on Separate Construction. When a proposed attached or detached accessory dwelling unit is dependent on the construction of a new building or new portion of a building which is not a part of the accessory dwelling unit (“separate construction”) and is not proposed as part of a permit application to create a new singlefamily dwelling on the parcel, the city shall either:
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1. Accept and begin processing the accessory dwelling unit application only after acting on an application for the proposed separate construction; or
2. Upon written request from the applicant, review and act on the accessory dwelling unit together with the separate construction as part of a single application. In this case, the accessory dwelling unit is subject to the same review procedures as the separate construction.
E. Within Coastal Zone.
1. A proposed accessory dwelling unit that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).
2. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that a public hearing for a CDP application for an accessory dwelling unit shall not be required.
F. Historic Resources.
1. If a design permit is required for an accessory dwelling unit on a property with a historic resource, the proposed project is subject to the requirements in Chapter 17.84 (Historic Preservation). Third-party review of the proposed project may be required as provided in Chapter 17.84.
2. Compliance with Chapter 17.84 is not required for accessory dwelling units approved ministerially with an administrative permit.
G. Correction of Violations The City shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
H. Unpermitted Accessory Dwelling Units.
1. Except as provided in Paragraph 2 below, the City shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018 due to either of the following:
(a) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (b) The accessory dwelling unit does not comply with Government Section 65852.2 or this chapter.
2. The City may deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018 if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
3. This subsection shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
17.74.040 General requirements.
The following requirements apply to all accessory dwelling units:
A. Where Allowed. An accessory dwelling unit is permitted:
1. In any zoning district where single-family or multifamily dwellings are a permitted use; and
2. On any parcel with an existing or proposed single-family or multifamily dwelling. 172
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B. Maximum Number per Parcel. Not more than one accessory dwelling unit is allowed per parcel except as allowed by Sections 17.74.050(B) (One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less),
17.74.050(C) (Nonlivable Multifamily Space), and 17.74.050(D) (Detached Accessory Dwelling Units on Multifamily Parcels).
C. Residential Mixed Use. If one dwelling unit is on a parcel with a nonresidential use, the dwelling unit is considered a single-family dwelling for the purpose of determining the applicable requirements in this chapter. If two or more dwelling units are on a parcel with a nonresidential use, the dwelling units are considered a multifamily dwelling.
D. Utility Connections. Utility connection requirements shall be subject to state law and the serving utility district.
Establishing an accessory dwelling unit in conformance with this chapter does not require placing existing overhead utility lines underground.
E. Fire Sprinklers. The city shall not require accessory dwelling units to provide fire sprinklers if they would not be required for the primary residence under the current fire code. Establishing an accessory dwelling unit does not require installing fire sprinklers in the existing primary dwelling.
F. Vacation Rentals Prohibited. Accessory dwelling units may not be used for vacation rentals as defined in Chapter
17.160 (Glossary).
G. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling.
H. Guaranteed Allowance. Maximum building coverage, floor area ratio, and private open space standards in Section 17.74.080 (Development standards) shall not prohibit an accessory dwelling unit with up to eight hundred square feet of floor area, up to sixteen feet in height, and four-foot side and rear yard setbacks, provided the accessory dwelling unit complies with all other applicable standards. The guaranteed allowance of eight hundred square feet of floor area is in addition to the maximum floor area of a property.
I. Converting and Replacing Existing Structures.
1. An internal accessory dwelling unit may be constructed regardless of whether it conforms to the current zoning requirement for building separation or setbacks.
2. If an existing structure is demolished and replaced with an accessory dwelling unit, an accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.
3. If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an accessory dwelling unit. For an existing structure within four feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.
J. Manufactured Homes and Mobile Units.
1. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an accessory dwelling unit. Pursuant to California Health and Safety Code Section 18007, as may be amended from time to time, a manufactured home must:
a. Provide a minimum of three hundred twenty square feet of floor area; b. Be built on a permanent chassis;
c. Be designed for use as a single-family dwelling with or without a foundation when connected to the required utilities; and
d. Include the plumbing, heating, air conditioning, and electrical systems contained within the home.
2. Vehicles and trailers, with or without wheels, which do not meet the definition of a manufactured home, are 173
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prohibited as accessory dwelling units.
3. A prefabricated or modular home is allowed as an accessory dwelling unit.
K. Junior Accessory Dwelling Units.
1. General. Junior accessory dwelling units shall comply with all standards in this chapter unless otherwise indicated.
2. Occupancy. The property owner must occupy either the primary dwelling unit or the junior accessory dwelling unit on the property.
3. Sanitation Facilities.
a. A junior accessory dwelling unit may include sanitation facilities, or may share sanitation facilities with the primary dwelling.
b. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
4. Kitchen. A junior accessory dwelling unit must include, at a minimum:
a. A cooking facility with appliances; and
b. At least three linear feet of food preparation counter space and three linear feet of cabinet space.
L. Multifamily Homeowners Associations. If a multifamily dwelling is located in a development with a homeowners’ association (HOA), an application for an accessory dwelling unit must:
1. Be signed by an authorized officer of the HOA; and
2. Include a written statement from the HOA stating that the application is authorized by the HOA, if such authorization is required.
17.74.050 Units subject to limited standards.
The city shall ministerially approve an application for a building permit within a residential or mixed use zoning district to create the following types of accessory dwelling units. For each type of accessory dwelling unit, the city shall require compliance only with the development standards in this subsection. Standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) do not apply to these types of accessory dwelling units.
A. Internal Accessory Dwelling Units. One internal accessory dwelling unit or junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:
1. The internal accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the second story of the an existing accessory structure shall be limited to accommodating ingress and egress.
2. The unit has exterior access from the proposed or existing single-family dwelling.
3. The side and rear setbacks are sufficient for fire and safety.
4. The junior accessory dwelling unit complies with Government Code Section 65852.22.
B. One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less. One detached , new 174
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construction, accessory dwelling unit for a parcel with a proposed or existing single-family dwelling. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection A of this section (Internal Accessory Dwelling Units). The accessory dwelling unit must comply with the following:
1. Minimum rear and side setbacks: four feet.
2. Maximum floor area: eight hundred square feet.
3. Maximum height: sixteen feet.
C. Nonlivable Multifamily Space. One or more internal accessory dwelling units 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:
1. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up to a maximum of twenty-five percent of the existing multifamily dwelling units; and
2. Each unit shall comply with state building standards for dwellings.
D. Detached Accessory Dwelling Units on Multifamily Parcels.
1. Not more than two detached accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling, subject to the following:
a1. Maximum height: sixteen eighteen feet.
b2. Minimum rear and side setbacks: four feet.
2. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.
17.74.060 Units subject to full review standards.
The city shall ministerially approve an application for a building permit to create the following types of accessory dwelling units:
A. One-Story Attached Accessory Dwelling Units. A one-story attached accessory dwelling unit in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
B. One-Story Detached Accessory Dwelling Units Between Eight Hundred and One Thousand Two Hundred Square Feet. A one-story detached accessory dwelling unit with a floor area between eight hundred and one thousand two hundred square feet in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
17.74.070 Units requiring a design permit.
The following types of accessory dwelling units require planning commission approval of a design permit:
A. Two-Story Accessory Dwelling Units. A two-story attached or detached accessory dwelling unit greater than sixteen feet in height in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
B. Accessory Dwelling Units Deviating from Standards. Any accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
17.74.080 Development standards.
The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).
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A. General. Table 17.74-1 shows development standards that apply to accessory dwelling units.
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Table 17.74-1: Development Standards
ADU Type/Location Standard
Unit Size, Maximum
Attached ADU, one bedroom or less 50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
Attached ADU, more than one bedroom 50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached ADU 1,200 sq. ft.
Internal ADU No maximum
Junior ADU 500 sq. ft.
Floor Area Ratio, Maximum [1] As required by zoning district [2] Setbacks, Minimum [3,4]
Front Same as primary dwelling [5]
Interior Side, 1st and 2nd Story 4 ft.
Exterior Side, 1st and 2nd Story 4 ft.
Rear, 1st and 2nd Story 4 ft.
Building Coverage, Maximum
R-M zoning district 40% [2]
All other zoning districts No maximum
Height, Maximum [3]
Attached ADU 25 ft. Height of primary residence or maximum permitted in zoning district, whichever is less
One-story Ddetached ADU, one-storyon lot with existing or proposed single-family dwelling
16 ft.
One-story detached ADU on lot with existing or proposed multifamily and multi-story dwelling 18 ft.
Detached ADU, two-story [6] 22 ft.
Private Open Space, Minimum [7] 48 sq. ft. [2]
Notes:
[1] Calculated as the total floor area ratio on the site, including both the primary dwelling and accessory dwelling unit. An applicant may request simultaneous approval of a new internal accessory dwelling unit and an addition to the primary residence as part of a single application. [2] Standard may not prohibit an accessory dwelling unit with at least eight hundred square feet of floor area. See Section 17.74.040(H) (Guaranteed Allowance).
[3] Setback and height standards apply only to attached and detached accessory dwelling units. Standards do not apply to internal or junior accessory dwelling units.
[4] See also Section 17.74.040(I) (Converting and Replacing Existing Structures) for setback exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure. [5] See also subsection B of this section (Front Setbacks). [6] A two-story detached accessory dwelling unit greater than sixteen feet in height requires a design permit. [7] Private open space may include screened terraces, decks, balconies, and other similar areas.
B. Front Setbacks.
1. Any increased front setback requirement that applies to a garage associated with a primary dwelling unit also applies to a garage that serves an accessory dwelling unit. 177
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2. In the R-1 zoning district, front setback exceptions in Riverview Terrace and on Wharf Road as allowed in Section 17.16.030(B) apply to accessory dwelling units.
3. In the mixed use zoning districts, minimum front setbacks in Chapter 17.20 (Mixed Use Zoning Districts) apply to accessory dwelling units. Maximum setbacks or build-to requirements do not apply.
C. Parking.
1. All Areas. The following parking provisions apply to accessory dwelling units in all areas in Capitola:
a. Required Parking in Addition to Primary Residence. Parking spaces required for an accessory dwelling unit are in addition to parking required for the primary residence. b. Tandem Spaces. Required off-street parking may be provided as tandem parking on an existing driveway.
c. Within Setback Areas.
i. Required off-street parking may be located within minimum required setback areas from front, side, and rear property lines.
ii. A parking space in a required front setback area shall be a “ribbon” or “Hollywood” design with two parallel strips of pavement. The paving strips shall be no wider than two and one-half feet each and shall utilize permeable paving such as porous concrete/asphalt, open-jointed pavers, and turf grids.
Unpaved areas between the strips shall be landscaped with turf or low-growing ground cover. d. Alley-Accessed Parking. Parking accessed from an alley shall maintain a twenty-four-foot back-out area, which may include the alley.
2. Outside of Coastal Zone and in Cliffwood Heights. The following parking provisions apply only to accessory dwelling units outside of the coastal zone and in the Cliffwood Heights neighborhood as shown in Figure
17.74-1.
a. No additional parking is required for an internal or junior accessory dwelling unit. The floor area of an internal or junior accessory dwelling unit shall not be included in the parking calculation for the primary residence.
b. One off-street parking space is required for an attached or detached accessory dwelling unit, except as provided in subsection (C)(2)(c) of this section.
c. No off-street parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j)(10).
ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.
d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction 178
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of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.
3. Within Coastal Zone and Outside Cliffwood Heights. The following parking provisions apply only to accessory dwelling units in the coastal zone and outside of the Cliffwood Heights neighborhood as shown in Figure 17.74-1 in accordance with the city’s adopted local coastal program. a. One off-street parking space is required for any type of accessory dwelling unit except as provided in subsection (C)(3)(b) of this section.
b. Where the primary residence is served by four or more existing off-street parking spaces, including spaces in a tandem configuration, no off-street parking is required for the accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are required for the demolished or converted parking structure. Replacement parking space(s) may be covered or uncovered. Replacement parking does not satisfy the one off-street parking requirement for the accessory dwelling unit in subsection (C)(3)(a) of this section.
Figure 17.74-1: Cliffwood Heights ADU Parking Exclusion Area
17.74.090 Objective design standards.
The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).
A. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the 179
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front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street.
B. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:
1. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
a. A six-foot solid fence on the property line; or
b. Clerestory or opaque windows for all windows facing the adjacent property.
2. For a second-story wall, all windows facing the adjacent property shall be clerestory or opaque.
C. Second-Story Decks and Balconies. Second-story decks and balconies shall be located and designed to minimize privacy impacts on adjacent residential properties, as determined by the planning commission through the design permit approval process.
D. Architectural Details. Table 17.74-2 shows architectural detail standards for accessory dwelling units.
Table 17.74-2: Architectural Detail Standards
Non-Historic Property [1] Historic Property [1]
Attached ADU Detached ADU Attached ADU Detached ADU
Primary Exterior
Materials [2]
Same as primary dwelling
[3]
No requirement Same as primary dwelling;
or horizontal wood, fiber
cement, or board and batten
siding or shingles [3]
Horizontal wood, fiber
cement, or board and batten
siding, or shingles [4]
Window and Door
Materials
No requirement Wood, composite, pre-finished metal with a nonreflective finish
Window Proportions No requirement Windows must be taller than they are wide or match the proportions of the primary dwelling window [5]
Window Pane
Divisions
No requirement True or simulated divided lights
Roof Material Same as primary dwelling
[3]
No requirement Same as primary dwelling
[3]
Same as primary dwelling; or
architectural composition
shingles, clay tile, slate, or
nonreflective standing seam
metal [3]
Roof Pitch No requirement 4:12 or greater [6] No requirement 4:12 or greater [6] Notes:
[1] “Historic property” means a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources).
[2] Standard does not apply to secondary and accent materials. [3] “Same as primary dwelling” means the type of material must be the same as the primary dwelling. The size, shape, dimensions, and configuration of individual pieces or elements of the material may differ from the primary dwelling. [4] If primary dwelling is predominantly stucco, stucco is allowed for the accessory dwelling unit. [5] Bathroom windows may be horizontally oriented.
[6] If the primary dwelling has a roof pitch shallower than 4:12, the accessory dwelling unit roof pitch may match the primary dwelling.
E. Building Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources) for an attached accessory dwelling unit shall be inset or separated by a connector that is offset at least eighteen inches from the parallel side or rear building wall to distinguish it from the historic structure.
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17.74.100 Deviation from standards.
A. When Allowed. The planning commission may approve an accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
B. Permit Required. Deviations allowed under this section require planning commission approval of a design permit.
A variance is not required. To approve the design permit, the planning commission must make the findings in Section 17.74.110 (Findings).
17.74.110 Findings.
A. When Required. The planning commission must make the findings in this section to approve a design permit for:
1. Two-story attached or detached accessory dwelling units greater than sixteen feet in height; and
2. Accessory dwelling units that deviate from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
B. Findings. To approve the design permit, the planning commission shall find that:
1. The exterior design of the accessory dwelling unit is compatible with the primary dwelling on the parcel through architectural use of building forms, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices.
2. The exterior design is in harmony with, and maintains the scale of, the neighborhood.
3. The accessory dwelling unit will not create excessive noise, traffic, or parking congestion.
4. The accessory dwelling unit has or will have access to adequate water and sewer service as determined by the applicable service provider.
5. Adequate open space and landscaping have been provided that are usable for both the accessory dwelling unit and the primary residence. Open space and landscaping provide for privacy and screening of adjacent properties.
6. The location and design of the accessory dwelling unit maintain a compatible relationship to adjacent properties and do not significantly impact the privacy, light, air, solar access, or parking of adjacent properties.
7. The accessory dwelling unit generally limits the major access stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard have been minimized. The design of the accessory dwelling unit complements the design of the primary residence and does not visually dominate it or the surrounding properties.
8. The site plan is consistent with physical development policies of the general plan, any area plan or specific plan, or other city policy for physical development. If located in the coastal zone, the site plan is consistent with policies of the local coastal plan. If located in the coastal zone and subject to a coastal development permit, the proposed development will not have adverse impacts on coastal resources.
9. The project would not impair public views along the ocean and of scenic coastal areas. Where appropriate and feasible, the site plan restores and enhances the visual quality of visually degraded areas.
10. The project deviation (if applicable) is necessary due to special circumstances applicable to subject property, including size, shape, topography, location, existing structures, or surroundings, and the strict application of this chapter would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification.
17.74.120 Deed restrictions.
A. Before obtaining a building permit for an accessory dwelling unit, 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:
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1. The accessory dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 (Glossary).
2. The accessory dwelling unit may not be sold separately from the primary dwelling.
3. For junior accessory dwelling units, restrictions on size, owner occupancy requirement, and attributes in conformance with this chapter.
B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory dwelling unit.
C. The deed restriction shall lapse upon removal of the accessory dwelling unit.
17.74.130 Incentives.
A. Fee Waivers for Affordable Units.
1. The city may waive development fees for accessory dwelling units that will be rented at levels affordable to low- or very low-income households.
2. Applicants of affordable accessory dwelling units shall record a deed restriction limiting the rent to low- or very low-income levels prior to issuance of a building permit.
3. Landlords of accessory dwelling units shall be relieved of any affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual Consumer Price Index increase commencing with the date of application for building permit.
B. Historic Properties. The planning commission may allow exceptions to design and development standards for accessory dwelling units proposed on a property that contains a historic resource as defined in Chapter 17.84 (Historic Preservation). To allow such an exception, the planning commission shall approve a design permit and find that the exception is necessary to preserve the architectural character of the primary residence.
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Chapter 17.76
PARKING AND LOADING
Sections:
17.76.010 Purpose.
17.76.020 Applicability.
17.76.030 Required parking spaces.
17.76.040 General requirements.
17.76.050 On-site parking alternatives.
17.76.060 Parking design and development standards.
17.76.070 Parking lot landscaping.
17.76.080 Bicycle parking.
17.76.090 Visitor serving parking.
17.76.100 On-site loading.
17.76.010 Purpose.
This chapter establishes on-site parking and loading requirements in order to:
A. Provide a sufficient number of on-site parking spaces for all land uses.
B. Provide for functional on-site parking areas that are safe for vehicles and pedestrians.
C. Ensure that parking areas are well-designed and contribute to a high-quality design environment in Capitola.
D. Allow for flexibility in on-site parking requirements to support a multi-modal transportation system and sustainable development pattern.
E. Ensure that on-site parking areas do not adversely impact land uses on neighboring properties.
17.76.020 Applicability.
This chapter establishes parking requirements for three development scenarios: establishment of new structures and uses, replacement of existing uses, and expansion and enlargement of existing structures and uses.
A. New Structures and Uses. On-site parking and loading as required by this chapter shall be provided any time a new structure is constructed or a new land use is established.
B. Replacing Existing Uses.
1. Mixed Use Village Zoning District.
a. Where an existing residential use is changed to a commercial use in the mixed use village (MU-V) zoning district, parking shall be provided for the full amount required by the new use. No space credit for the previous use may be granted.
b. In all other changes of use in the mixed use village (MU-V) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.
2. Other Zoning Districts. Where an existing use is changed to a new use outside of the mixed use village (MUV) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.
C. Expansions and Enlargements.
1. Nonresidential Use.
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a. Where an existing structure with a nonresidential use is expanded or enlarged, additional parking is required to serve only the expanded or enlarged area, except as allowed by subsection (C)(1)(b) of this section.
b. Within the mixed use village (MU-V) zoning district, an eating and drinking establishment may expand by up to twenty percent of the existing floor area of the business without providing additional parking.
Permitted expansions include modification of the internal building layout to enlarge the dining area, additions to the size of the business within an existing building footprint, and new outdoor dining areas.
This provision applies only to a single expansion of floor area. Subsequent expansions must provide additional parking.
2. Residential Use. For an existing structure with a residential use, the full amount of parking to serve the use is required when the floor area is increased by more than ten percent.
17.76.030 Required parking spaces.
A. Mixed Use Village Zoning District. All land uses in the mixed use village (MU-V) zoning district shall provide the minimum number of on-site parking spaces as specified in Table 17.76-1. Required parking for uses not listed in Table 17.76-1 shall be the same as required for land uses in other zoning districts as shown in Table 17.76-2.
Table 17.76-1: Required On-Site Parking in the Mixed Use Village Zoning District Land Uses
Number of Required Parking Spaces
Mixed Use Village (MU-V)
Retail 1 per 240 sq. ft.
Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 240 sq. ft.
Personal Services 1 per 240 sq. ft.
Hotels
With more than 20 guest rooms As determined by a parking demand study [1] With 20 or fewer guest rooms 1 per guest room plus additional spaces as required by the planning commission Note:
[1] The parking demand study shall be paid for by the applicant, contracted by the city, and approved by the planning commission. In the coastal zone, in all cases, hotel development shall provide adequate parking as determined by the planning commission.
B. Other Zoning Districts. Land uses in zoning districts other than the mixed use village zoning district shall provide a minimum number of on-site parking spaces as specified in Table 17.76-2.
Table 17.76-2: Required On-Site Parking in Other Zoning Districts Land Uses Number of Required Parking Spaces
Residential Land Uses
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Land Uses Number of Required Parking Spaces
Duplex Homes 2 per unit, 1 covered
Elderly and Long-Term Care 1 per 6 beds plus 1 per 300 sq. ft. of office and other nonresidential areas Group Housing (includes single-room occupancy) 1 per unit plus 1 guest space per 6 units Mobile Home Parks 1 per unit plus 1 per office and 1 guest space per 10 units Multifamily Dwellings 2.5 per unit, 1 covered
Residential Care Facilities, Small 0.5 per bed plus 1 per 300 sq. ft. of office and other nonresidential areas Residential Care Facilities, Large 0.5 per bed plus 1 per 300 sq. ft. of office and other nonresidential areas Accessory Dwelling Units See Chapter 17.74 (Accessory Dwelling Units) Single-Family Dwellings 1,500 sq. ft. or less: 2 per unit 1,501 – 2,000 sq. ft.: 2 per unit, 1 covered
2,001 – 2,600 sq. ft.: 3 per unit, 1 covered
2,601 sq. ft. or more: 4 per unit, 1 covered
Public and Quasi-Public Land Uses
Community Assembly 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats Cultural Institutions As determined by a parking demand study Day Care Centers 1 per 400 sq. ft. of floor area used for daycare and 1 per employee Government Offices 1 per 300 sq. ft.
Home Day Care, Large 1 per each nonresident employee
Home Day Care, Small None beyond minimum for residential use Medical Offices and Clinics 1 per 300 sq. ft.
Parks and Recreational Facilities As determined by a parking demand study Public Safety Facilities As determined by a parking demand study Schools, Public or Private 2 per classroom
Commercial Land Uses
Banks and Financial Institutions 1 per 300 sq. ft.
Business Services 1 per 300 sq. ft.
Commercial Entertainment and Recreation 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 300 sq. ft. of gross floor area Food Preparation 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office area Gas and Service Stations 2 for gas station plus 1 per 100 sq. ft. of retail and as required for vehicle repair Lodging
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Land Uses Number of Required Parking Spaces
Bed and Breakfast 1 per guest room plus parking required for residential use Hotel 1 per guest room plus 1 per 300 sq. ft. of office Maintenance and Repair Services 1 per 600 sq. ft.
Personal Services 1 per 300 sq. ft.
Professional Offices 1 per 300 sq. ft.
Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of outdoor use area Self-Storage 1 per 5,000 sq. ft.
Retail 1 per 300 sq. ft. of customer area
Vehicle Repair 1 per 500 sq. ft. of nonservice bay floor area plus 2 per service bay Vehicle Sales and Rental 1 per 300 sq. ft. for offices plus 1 per 1,000 sq. ft. of display area and requirements for vehicle repair where applicable
Wholesale 1 per 5,000 sq. ft.
Heavy Commercial and Industrial Land Uses
Construction and Material Yards 1 per 2,500 sq. ft.
Custom Manufacturing 1 per 2,000 sq. ft., plus 1 per 300 sq. ft. of office Light Manufacturing 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office Warehouse, Distribution, and Storage Facilities 1 per 1,500 sq. ft.
Transportation, Communication, and Utility Uses
Utilities, Major As determined by a parking demand study Utilities, Minor None
Recycling Collection Facilities 1 per 1,000 sq. ft. of floor area Wireless Communications Facilities None
Other Uses
Accessory Uses Same as primary use
Home Occupation None beyond requirement for residence
Quasi-Public Seating Areas None
Temporary Uses As determined by review authority
Urban Agriculture
Home Gardens None beyond requirement for residence
Community Gardens None
Urban Farms As determined by a parking demand study
C. Calculation of Required Spaces.
1. Floor Area. Where a parking requirement is a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. The floor area of a use shall be calculated as described in Section 186
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17.48.040 (Floor area and floor area ratio). Floor area for the area of the required parking space (i.e., ten feet by twenty feet) and up to one hundred twenty-five square feet of ancillary space within garages and other parking facilities are not included in the calculation of floor area for the purpose of determining on-site parking requirements.
2. Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees is based on the largest shift that occurs in a typical week.
3. Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each twenty-four inches of bench-type seating at maximum seating capacity is counted as one seat.
4. Fractional Spaces. In determining the number of required parking, fractions of spaces over one-half shall be rounded up to the next whole number.
D. Unlisted Uses. The parking requirement for land uses not listed in Tables 17.76-1 and 17.76-2 shall be determined by the community development director based on the requirement for the most comparable similar use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.
E. Sites with Multiple Uses. Where more than one land use is conducted on a site, the minimum number of required on-site parking spaces shall be the sum of the number of parking spaces required for each individual use.
F. Additional Required Parking. The planning commission may require more on-site parking than required by Tables 17.76-1 and 17.76-2 if the planning commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties.
17.76.040 General requirements.
A. Availability and Use of Spaces.
1. In all zoning districts, required parking spaces shall be permanently available and maintained to provide parking for the use they are intended to serve.
2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.
3. A conditional use permit is required to designate parking spaces for exclusive use by an individual tenant within an integrated commercial complex.
4. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning code.
B. Parking in Front and Exterior Side Setback Areas.
1. R-1 Zoning District. In the R-1 zoning district, the width of a parking space in the required front or exterior side setback area may not exceed forty percent of lot width up to a maximum of twenty feet, except that all lots may have a parking space of up to fourteen feet in width regardless of lot width. See Figure 17.76-1. The planning commission may allow a larger parking area within the required front and exterior side setback areas with a design permit if the larger parking area incorporates design features, such as impervious materials and enhanced landscaping, which minimize visual impacts to the neighborhood.
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Figure 17.76-1: Parking in Front Setback Area in R-1 Zoning District
2. Other Zoning Districts.
a. In all zoning districts other than the R-1 zoning district, required parking spaces may not be located within required front or exterior side setback areas.
b. In the mixed use village zoning district, parking may be located adjacent to the street-facing property line in accordance with Section 17.20.030(E)(5) (Parking Location and Buffers). c. In the mixed use neighborhood zoning district, parking may be located in the front or exterior side setback area if approved by the planning commission in accordance with Section 17.20.040(E) (Parking Location and Buffers).
C. Location of Parking.
1. All Zoning Districts. Required parking spaces may not be located within any public or private right-of-way unless located in a sidewalk exempt area and if an encroachment permit is granted.
2. R-1 Zoning District. Required parking spaces in the R-1 zoning district shall be on the same parcel as the use that they serve.
3. MU-V Zoning District. Required parking in the MU-V district for new development and intensified uses shall be provided in compliance with the following:
a. The planning commission may approve on-site parking as follows:
i. For property fronting a Commercial Core street shown in Figure 17.76-2, on-site parking is allowed if access to parking is from a side street, alleyway, or existing driveway cut. New driveway cuts are prohibited along a Commercial Core street frontage.
ii. For the Capitola Theater and Mercantile sites, on-site parking is allowed if parking areas are located on the interior of the site(s) and do not directly abut a Commercial Core street. Driveway cuts to serve on-site parking are limited to one cut per site; however, the planning commission may approve additional driveway cuts if (A) a parking and circulation study shows that additional access is necessary to reasonably serve the use; and (B) driveway cuts are located and designed to preserve or enhance pedestrian and vehicle safety.
iii. Within the Riverview Avenue, Cherry Avenue, and Cliff Drive residential overlays. 188
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iv. On properties that do not front a Commercial Core street. v. As mandated by Federal Emergency Management Agency (FEMA) regulations. b. The planning commission may permit off-site parking if the space(s) are within walking distance of the use which it serves or located at a remote site served by a shuttle system.
Figure 17.76-2: MU-V Parking Location Map
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4. Other Zoning Districts. In all zoning districts other than the R-1 and MU-V zoning districts, required parking shall be located on the same lot as the use the parking is intended to serve, except as allowed by Section
17.76.050(D).
D. Large Vehicle Storage in the R-1 Zoning District. In addition to the required on-site parking spaces for a singlefamily dwelling, one additional on-site parking or storage space may be provided on a parcel in the R-1 zoning district for a recreational vehicle, boat, camper, or similar vehicle. This space may not be located in a required front or exterior side setback area and may be utilized only to store a vehicle that does not exceed thirteen and one-half feet in height, eight and one-half feet in width, and twenty-five feet in length. Such parking or storage spaces shall be finished in concrete, asphalt, semi-permeable pavers, or a similar paved surface.
E. Covered Parking in the R-1 Zoning District.
1. When required by this chapter, covered parking spaces serving a single-family dwelling shall be provided within an enclosed garage. The planning commission may allow required covered parking spaces to be provided within an open carport with a design permit if the planning commission finds that a garage is practically infeasible or that a carport results in a superior project design.
2. All carports serving a single-family dwelling shall comply with the following design standards:
a. Carports shall be designed with high-quality materials, compatible with the home. The roofing design, pitch, colors, exterior materials and supporting posts shall be similar to the home. The carport shall appear substantial and decoratively finished in a style matching the home which it serves. b. The slope of a carport roof shall substantially match the roof slope of the home which it serves. c. Pedestrian pathways connecting the carport with the home shall be provided.
3. Garages in the R-1 zoning district may be converted to habitable living space only if the total number of required on-site parking spaces is maintained, including covered spaces for the covered parking space requirement.
F. Electric Vehicle Charging Stations.
1. Building Code Requirements. Electric vehicle charging stations shall be provided in accordance with the requirements of the California Green Building Standards Code.
1. When Required. Electric vehicle charging stations shall be provided:
a. For new structures or uses required to provide at least twenty-five parking spaces; and b. Additions or remodels that increase an existing parking lot of fifty or more spaces by ten percent or more.
2. Number of Charging Stations. The number of required charging stations shall be calculated as follows:
a. Twenty-five to forty-nine parking spaces: one charging station. b. Fifty to one hundred parking spaces: two charging stations, plus one for each additional fifty parking spaces.
c. For the purpose of calculating required number of charging stations, parking spaces shall include existing and proposed spaces.
23. Use of Space Location and Signage. Charging stations shall be installed adjacent to standard size parking spaces. Signage shall be installed designating electric vehicle charging spaces with charging stations for electric vehicles onlyfor the exclusive purpose of charging and parking an electric vehicle. 190
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3. Digital Operation Screens.
a. Digital operation screens are defined for the purposes of this section as interactive digital displays used solely for the operation and required for the functionality of the electric vehicle charging station. b. Digital operation screens are permitted and are limited to a maximum screen size of 2 square feet. The Community Development Director may allow for a larger screen size of up to of 4 square feet upon determining that the larger screen is necessary for the functionality of the charging stationa.
4. Placement on Lot. Electric vehicle charging equipment must be located outside of minimum required property line setbacks.
5. Screening. Electric vehicle charging stations on lots with six spaces or more (including spaces not used for electric vehicle charging) are subject to the screening requirements in Section 17.76.060.I.
6. Impacts on Required Parking Spaces. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses on the property, the number of required parking spaces for the existing uses shall be reduced by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
7. Permits Required.
a. An application for an electric vehicle charging station that complies with all applicable requirements shall be approved ministerially with a building permit. A design permit or other type of planning permit is not required.
b. The process to review and act on the application shall be as provided in Government Code Sections 65850.7 and 65850.71.
G. Parking for Persons with Disabilities.
1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.
2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Tables 17.76-1 and 17.76-2.
H. Curb-Side Service.
1. Curb-side (drive-up) service for retail uses is allowed in all commercial and mixed use zoning districts.
2. Restaurant curb-side service requires a conditional use permit in the regional commercial (C-R) zoning district and is prohibited in all other zoning districts.
17.76.050 On-site parking alternatives.
A. Purpose. This section identifies alternatives to required on-site parking to:
1. Allow for creative parking solutions;
2. Enhance economic vitality in Capitola;
3. Promote walking, biking, and use of transit; and
4. Encourage the efficient use of land resources consistent with the general plan.
B. Eligibility. Alternatives to required on-site parking in this section are available only to uses located outside of the mixed use village zoning district, except for:
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1. Valet parking (subsection F of this section) which is available in all zoning districts, including the mixed use village zoning district; and
2. Fees in lieu of parking (subsection I of this section), which are available only to uses in the mixed use village zoning district.
C. Required Approval. All reductions in on-site parking described in this section require planning commission approval of a conditional use permit.
D. Off-Site Parking.
1. For multifamily housing and nonresidential uses, the planning commission may allow off-site parking if the commission finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.
2. Off-site parking shall be located within a reasonable distance of the use it is intended to serve, as determined by the planning commission.
3. A deed restriction or other legal instrument, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the on-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained in Capitola. This covenant shall stipulate that the title and right to use the parcels shall not be subject to multiple covenants or contracts for use without prior written consent of the city.
E. Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ.
The planning commission may allow shared parking subject to the following requirements:
1. A parking demand study prepared by a specialized consultant contracted by the community development director, paid for by the applicant, and approved by the planning commission demonstrates that there will be no substantial conflicts between the land uses’ principal hours of operation and periods of peak parking demand.
2. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use.
3. The proposed shared parking facility is located no further than four hundred feet from the primary entrance of the land use which it serves.
4. In the mixed use neighborhood (MU-N) zoning district the reduction for shared parking is no greater than twenty-five percent of the required on-site parking spaces.
F. Valet Parking. The planning commission may allow up to twenty-five percent of the required on-site parking spaces to be off-site valet spaces (except for a hotel on the former Village Theater site (APNs 035-262-04, 035-262- 02, and 035-261-10) for which there is no maximum limit of off-site valet spaces). Valet parking shall comply with the following standards:
1. Valet parking lots must be staffed when business is open by an attendant who is authorized and able to move vehicles.
2. A valet parking plan shall be reviewed and approved by the community development director in consultation with the public works director.
3. Valet parking may not interfere with or obstruct vehicle or pedestrian circulation on the site or on any public street or sidewalk.
4. The use served by valet parking shall provide a designated drop-off and pick-up area. The drop-off and pickup area may be located adjacent to the building, but it may not be located within a fire lane, impede vehicular and/or pedestrian circulation, or cause queuing in the right-of-way or drive aisle. 192
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G. Low Demand. The number of required on-site parking spaces may be reduced if the planning commission finds that the land use will not utilize the required number of spaces due to the nature of the specific use. This finding shall be supported by the results of a parking demand study approved by the community development director in consultation with the public works director.
H. Transportation Demand Management Plan. The planning commission may reduce the number of required on-site parking spaces for employers that adopt and implement a transportation demand management (TDM) plan subject to the following requirements and limitations:
1. A TDM plan reduction is available only to employers with twenty-five or more employees.
2. Required on-site parking spaces may be reduced by no more than fifteen percent.
3. The TDM plan shall be approved by the community development director in consultation with the public works director.
4. The TDM plan shall identify specific measures that will measurably reduce the demand for on-site parking spaces. Acceptable measures must ensure a reduced demand for parking spaces (e.g., an employee operated shuttle program). Measures that only encourage the use of public transit, ridesharing, biking, or walking will not be accepted.
5. The employer shall appoint a program coordinator to oversee transportation demand management activities.
6. The program coordinator must provide a report annually to the planning commission that details the implementation strategies and effectiveness of the TDM plan.
7. The planning commission may revoke the TDM plan at any time and require additional parking spaces on site upon finding that the plan has not been implemented as required or that the plan has not produced the reduction in the demand for on-site parking spaces as originally intended.
I. Fees in Lieu of Parking.
1. Within the MU-V zoning district, on-site parking requirements for hotel uses may be satisfied by payment of an in-lieu parking fee established by the city council to provide an equivalent number of parking spaces in a municipal parking lot. Such payment must be made before issuance of a building permit or a certificate of occupancy. Requests to participate in an in-lieu parking program must be approved by the city council. A proposed hotel may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zones) if any part of the site is located in the coastal zone. A parking plan shall be reviewed within a CDP, to ensure the development will not have adverse impacts on coastal resources.
2. Fee revenue must be used to provide public parking in the vicinity of the use. In establishing parking districts, the city council may set limitations on the number of spaces or the maximum percentage of parking spaces required for which an in-lieu fee may be tendered.
J. Transit Center Credit. Provided a regional transit center is located within the Capitola Mall property, the planning commission may reduce the number of required parking spaces by up to ten percent for residential mixed use projects in the Capitola Mall property bounded by Clares Street, Capitola Road, and 41st Avenue.
17.76.060 Parking design and development standards.
A. Minimum Parking Space Dimensions. Minimum dimensions of parking spaces shall be as shown in Table 17.76-
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Table 17.76-3: Minimum Parking Space Dimensions
Type of Space Minimum Space
Dimensions
Spaces Serving Single-Family
Dwellings
Uncovered and covered
(garage) spaces
10 ft. by 20 ft. [1]
In sidewalk exempt areas 10 ft. by 18 ft.
Spaces Serving Multifamily and
Nonresidential Uses
Standard Spaces 9 ft. by 18 ft.
Compact Spaces 8 ft. by 16 ft.
Tandem Spaces [2] 9 ft. by 18 ft.
Notes:
[1] The dimensions of parking spaces in an enclosed garage shall be measured from the interior garage walls. [2] See subsection (E)(3) of this section (Tandem Parking Spaces).
B. Compact Spaces. A maximum of thirty percent of required on-site parking spaces serving multifamily and nonresidential uses may be compact spaces. All parking spaces for compact cars shall be clearly marked with the word “Compact” either on the wheel stop or curb, or on the pavement at the opening of the space.
C. Parking Lot Dimensions. The dimensions of parking spaces, maneuvering aisles, and access ways within a parking lot shall conform to the city’s official parking space standard specifications maintained by the public works director and as shown in Figure 17.76-3 and Table 17.76-4.
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Figure 17.76-3: Standard Parking Lot Dimensions
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Table 17.76-4: Standard Parking Lot Dimensions
Parking Angle
Width Depth Aisle Single Bay Double Bay
Compact Standard Compact Standard Compact Residential Commercial Compact Residential Commercial Compact Residential Commercial 90 7'-6" 8'-6" 15'-0" 18'-0" 20'-0" 22'-0" 25'-0" 35'-0" 40'-0" 43'-0" 50'-0" 58'-0" 61'-0" 85 7'-7" 8'-6" 15'-7" 18'-8" 19'-0" 21'-0" 24'-0" 34'-7" 39'-8" 42'-8" 50'-2" 58'-4" 61'-0" 80 7'-8" 8'-7" 16'-1" 19'-2" 18'-0" 20'-0" 23'-0" 34'-1" 39'-2" 42'-4" 50'-2" 58'-4" 61'-0" 75 7'-9" 8'-10" 16'-5" 19'-7" 17'-0" 19'-0" 22'-0" 33'-5" 38'-7" 41'-7" 49'-10" 58'-2" 61'-0" 70 8'-0" 9'-0" 16'-9" 19'-10" 16'-0" 18'-0" 21'-0" 32'-9" 37'-10" 40'-10" 49'-6" 57'-8" 66'-8" 65 8'-4" 9'-4" 16'-10" 19'-11" 15'-0" 17'-0" 20'-0" 31'-10" 36'-11" 39'-11" 48'-8" 56'-10" 59'-10" 60 8'-8" 9'-10" 16'-9" 19'-10" 14'-0" 16'-0" 19'-0" 30'-9" 35'-10" 38'-10" 47'-6" 55'-8" 58'-8" 55 9'-1" 10'-4" 16'-7" 19'-7" 13'-0" 15'-0" 18'-0" 29'-7" 34'-7" 37'-7" 46'-2" 54'-2" 57'-2" 50 9'-10" 11'-1" 16'-4" 19'-2" 12'-0" 14'-0" 17'-0" 28'-4" 33'-2" 36'-2" 44'-8" 52'-4" 55'-4" 45 10'-7" 12'-0" 15'-11" 18'-8" 11'-0" 13'-0" 16'-0" 25'-5" 30'-0" 33'-0" 42'-10" 50'-4" 53'-4" 40 11'-8" 13'-2" 15'-15" 18'-0" 10'-0" 12'-0" 15'-0" 24'-8" 28'-2" 31'-2" 40'-10" 48'-0" 51'-0" 35 13'-1" 14'-10" 14'-8" 17'-2" 10'-0" 11'-0" 14'-0" 24'-0" 26'-2" 29'-2" 39'-4" 45'-4" 48'-4" 30 15'-3" 17'-0" 14'-0" 16'-2" 10'-0" 10-0" 13'-0" 35'-0" 40'-0" 43'-0" 38'-0" 42'-4" 45'-4" 196
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D. Surfacing.
1. All parking spaces, maneuvering aisles, and access ways shall be paved with asphalt, concrete, or other allweather surface.
2. Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a preferred surface material, subject to approval by the public works director.
E. Tandem Parking Spaces. Tandem parking spaces are permitted for all residential land uses; provided, that they comply with the following standards:
1. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.
2. For single-family dwellings, tandem parking is permitted for up to two uncovered spaces in front of a garage, with a maximum of three tandem spaces, including the covered space in a single garage. Tandem parking spaces of three spaces or more require planning commission approval.
3. The minimum size of an uncovered tandem parking space may be reduced to nine feet by eighteen feet.
4. All required guest parking shall be provided as single, nontandem parking spaces.
5. Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.
6. Tandem parking spaces shall be used to accommodate passenger vehicles only.
F. Parking Lifts. Required parking may be provided using elevator-like mechanical parking systems (“lifts”) provided the lifts are located within an enclosed structure or otherwise screened from public view. Parking lifts shall be maintained and operable through the life of the project.
G. Lighting.
1. A parking area with six or more parking spaces shall include outdoor lighting that provides adequate illumination for public safety over the entire parking area.
2. Outdoor lighting as required above shall be provided during nighttime business hours.
3. All parking space area lighting shall be energy efficient and directed away from residential properties to minimize light trespass.
4. All fixtures shall be hooded and downward facing so the lighting source is not directly visible from the public right-of-way or adjoining properties.
5. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).
H. Pedestrian Access.
1. Parking lots with more than thirty parking spaces shall include a pedestrian walkway in compliance with ADA requirements.
2. The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material, or other similar method as approved by the community development director.
I. Screening. Parking lots of six spaces or more shall comply with the following screening standards:
1. Location. Screening shall be provided along the perimeter of parking lots fronting a street or abutting a residential zoning district.
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2. Height.
a. Screening adjacent to streets shall have a minimum height of three feet. b. For parking lots within ten feet of a residential zoning district, screening shall have a minimum height of six feet, with additional height allowed with planning commission approval.
3. Materials – General. Required screening may consist of one or more of the following materials (see Section
17.76.070 (Parking lot landscaping) for landscaping screening requirements):
a. Low-profile walls constructed of brick, stone, stucco or other durable material. b. Evergreen plants that form an opaque screen.
c. An open fence combined with landscaping to form an opaque screen. d. A berm landscaped with ground cover, shrubs, or trees.
4. Materials – Adjacent Residential. Parking lots within ten feet of a residential zoning district shall be screened by a masonry wall.
J. Drainage. A drainage plan for all parking lots shall be approved by the public works director.
K. Adjustments to Parking Design and Development Standards. The planning commission may allow adjustments to parking design and development standards in this section through the approval of a minor modification as described in Chapter 17.136 (Minor Modifications).
17.76.070 Parking lot landscaping.
See 17.72.055 (Parking Lot Landscaping).
A. General Standards. All landscaping within parking lots shall comply with the requirements of Chapter 17.72 (Landscaping) in addition to the standards within this section.
B. Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of plant materials, including any combination of trees, shrubs, and ground cover.
C. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped. For parking lots with more than fifteen spaces, the minimum amount of interior landscaping is specified in Table 17.76-5. “Interior landscaping” is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, and excluding areas around the perimeter of the parcel or development site.
Table 17.76-5: Minimum Required Parking Lot Landscaping Number of Required Parking
Spaces
Percent of Surface Parking
Area to Be Landscaped
16 to 30 10%
31 to 60 15%
Over 60 20%
D. Shade Trees.
1. One shade tree shall be provided for every five parking spaces in a parking lot.
2. Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.
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3. Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.
4. Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty-foot canopy) on August 21st. The arrangement should approximate nearly fifty percent shade coverage.
5. The planning commission may grant an exception to the required tree plantings if the fifty percent shade coverage exists within the parking lot.
E. Concrete Curbs.
1. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of four inches high by four inches deep.
2. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.
F. Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped with low shrubs or ground cover in which a vehicle could extend over in lieu of paving surface. This landscaping may not count toward minimum required parking lot landscaped area.
G. Timing. Landscaping shall be installed prior to the city’s authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot.
H. Green Parking Exemptions. Parking lots that incorporate solar panels, bioswales, and other similar green features into the parking lot design are eligible for reduced parking lot landscaping requirements with planning commission approval of a design permit.
I. Exceptions. The planning commission may grant an exception to the parking lot landscaping requirements in this section with the approval of a design permit upon finding that:
1. Full compliance with the requirement is infeasible or undesirable;
2. The project complies with the requirement to the greatest extent possible; and
3. The project incorporates other features to compensate for the exception and create a high-quality design environment.
17.76.080 Bicycle parking.
A. Applicability. All new multifamily developments of five units or more and commercial uses served by parking lots of ten spaces or more shall provide bicycle parking as specified in this section.
B. Types of Bicycle Parking.
1. Short-Term Bicycle Parking. Short-term bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.
2. Long-Term Parking. Long-term bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours or more a secure and weather-protected place to park bicycles. Longterm parking may be located in publicly accessible areas or in garages or other limited access areas for exclusive use by tenants or residents.
C. Bicycle Parking Spaces Required. Short-term and long-term bicycle parking spaces shall be provided as specified in Table 17.76-6.
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Table 17.76-6: Required Bicycle Parking Spaces
Land Use
Required Bicycle Parking Spaces
Short-Term Spaces Long-Term Spaces
Multifamily Dwellings and Group Housing 10% of required automobile spaces; minimum of 4 spaces
1 per unit
Nonresidential Uses 10% of required automobile spaces 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater
D. Short-Term Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve.
E. Long-Term Bicycle Parking Standards. The following standards apply to long-term bicycle parking:
1. Location. Long-term bicycle parking shall be located within seven hundred fifty feet of the use that it is intended to serve.
2. Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are:
a. In a locked room or area enclosed by a fence with a locked gate; b. Within view or within one hundred feet of an attendant or security guard; c. In an area that is monitored by a security camera; or d. Visible from employee work areas.
F. Parking Space Dimensions.
1. Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.
2. An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.
3. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, pedestrian paths, and other similar features.
4. Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.
G. Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in a fixed position. The planning commission may allow creative approaches to rack design (e.g., vertical wall-mounted bicycle racks) if physical site constraints render compliance with bicycle parking design standards impractical or undesirable.
H. Cover. If bicycle parking spaces are covered, the covers shall be permanent and designed to protect the bicycles from rainfall.
17.76.090 Visitor serving parking.
A. Shuttle Program Parking. Parking for the free summer beach shuttle program shall be provided in a remote lot or lots, such as those located on Bay Avenue and the Village public parking lots. The free shuttle shall operate, at a minimum, on weekends and holidays between Memorial Day weekend and Labor Day weekend.
B. Public Parking in the Coastal Zone.
1. Public parking existing as of June 9, 2021, in the following locations in the CF zoning district shall be maintained for public parking:
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a. The Upper City Hall parking lot;
b. The Cliff Drive overlook parking; and
c. The Cliff Drive Southern Pacific railroad right-of-way parking unless Cliff Drive must be relocated due to cliff erosion.
2. Substantial changes in public parking facilities in the coastal zone require a local coastal program (LCP) amendment.
3. Expansion of any existing legally established residential parking programs and/or new residential parking programs in the coastal zone require an amendment to coastal development permit 3-87-42 and consistency with the LCP land use plan.
4. The city shall evaluate the potential impact on public coastal access when considering a coastal development permit application for any development that would reduce public parking spaces near beach access points, shoreline trails, or parklands, including any changes to the residential parking program established under coastal development permit 3-87-42. When parking is reduced, the city shall evaluate alternative opportunities for public coastal access as needed to ensure existing levels of public access are maintained, or if possible enhanced. Such opportunities may include bicycle lanes and bicycle parking, pedestrian trails, relocated vehicular parking spaces, and enhanced shuttle/transit service.
17.76.100 On-site loading.
A. Applicability. All retail, hotel, warehousing, manufacturing, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide on-site loading spaces consistent with the requirements of this section.
B. Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table
17.76-7.
Table 17.76-7: Required Loading Spaces
Floor Area Required Loading Spaces
Less than 10,000 sq. ft. None
10,000 to 30,000 sq. ft. 1
Greater than 30,000 sq. ft. 2 plus 1 per each additional 20,000 sq. ft.
C. Location.
1. Required loading spaces shall be located on the same lot as the use they are intended to serve.
2. No loading space shall be located closer than fifty feet to a residential zoning district, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight feet in height.
D. Dimensions.
1. Each loading space shall have minimum dimensions of ten feet wide, twenty-five feet long, and fourteen feet in vertical clearance.
2. Deviations from the minimum dimension standards may be approved by the community development director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.
E. Design and Configuration.
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1. Loading spaces shall be configured to ensure that loading and unloading takes place on site and not within adjacent public rights-of-way.
2. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.
3. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.
4. Loading spaces shall be striped and clearly identified as for loading purposes only. 202
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Chapter 17.80 SIGNS
Chapter 17.80
SIGNS
Sections:
17.80.010 Purpose and applicability.
17.80.020 Definitions.
17.80.030 Permit requirements.
17.80.040 Rules of measurement.
17.80.050 Signs allowed without permits.
17.80.060 Prohibited signs.
17.80.070 General sign standards.
17.80.080 Standards for specific types of signs.
17.80.090 Design standards.
17.80.100 Residential signs – Multi-unit properties.
17.80.110 Temporary signs.
17.80.120 Adjustment to sign standards.
17.80.130 Master sign program.
17.80.140 Nonconforming signs.
17.80.150 Violations and enforcement.
17.80.010 Purpose and applicability.
A. Purpose. This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:
1. Support economically viable businesses serving city residents, workers, and visitors.
2. Allow for signage that identifies businesses in a fair and equitable manner.
3. Protect and enhance the aesthetic qualities of the city.
4. Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.
5. Allow for a simple and streamlined sign permitting process.
B. Applicability. This chapter applies to all signs in Capitola, except for city-installed signs and signs required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.
17.80.020 Definitions.
The following definitions apply to this chapter:
A. “Awning sign” means a sign incorporated into, attached, or painted on an awning.
B. “Awning face sign” means a sign located on the sloping plane face of an awning.
C. “Awning valance sign” means a sign located on the valance of an awning perpendicular to the ground.
D. “Center identification sign” means a sign identifying the name of a shopping center and that does not include the name of any business within the center. A shopping center is a commercial building or group of buildings operated as a unit on a single parcel, sharing common parking areas or commonly owned adjacent parcels.
E. “Commercial message” means any sign copy that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction.
F. “Commercial sign” means a sign with a commercial message.
G. “Construction site sign” means an on-premises sign for an approved construction project that publicizes the 203
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future building and occupants as well as the architects, engineers and construction organizations involved in the project.
H. “Directory sign” means an on-premises sign which shows the direction to or location of a customer entrance to a business.
I. “Election period” means the period beginning one hundred twenty days before and ending one day after any national, state, or local election in which city electors may vote.
J. “Flags” means fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.
K. “Monument sign” means an independent, freestanding structure supported on the ground as opposed to being supported on the building.
L. “Projecting sign” means any sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall.
M. “Roof sign” means any sign that is mounted on a roof or a parapet of a building.
N. “Sidewalk sign” means movable or permanent business identification signs placed in or attached to a public sidewalk.
O. “Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise or announce the purpose of a business or entity, or to communicate information of any kind to the public.
P. Sign Area. See Section 17.80.040(A) (Calculation of Sign Area).
Q. “Sign copy” means the area of a sign occupied by letters, numbers, graphics, or other content intended to inform, direct, or otherwise transmit information.
R. “Sign face” means the area of a sign where sign copy is placed.
S. “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
T. “Window sign” means a sign posted, painted, placed, or affixed in or on a window exposed to public view or within one foot and parallel to a window exposed to public view.
17.80.030 Permit requirements.
A. Administrative Sign Permits. An administrative sign permit (Chapter 17.132) is required to install, construct, or enlarge a sign, except for:
1. Signs exempt from the permit requirements of this chapter as specified in Section 17.80.050 (Signs allowed without permits).
2. Signs requiring a sign permit as identified in subsection B of this section.
B. Sign Permits. Planning commission approval of a sign permit (Chapter 17.132) is required for the following types of signs and approvals:
1. New signs in the mixed use village (MU-V) zoning district.
2. Exterior neon signs.
3. Monument signs for more than four tenants.
4. Auto dealership signs in the C-R zoning district (Section 17.80.080(A)) that are not otherwise allowed with 204
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an administrative sign permit.
5. Adjustments to sign standards in low visibility areas in commercial zoning districts (Section 17.80.120(E)).
6. Signs that do not conform with permitted sign types and standards in Section 17.80.080 (Standards for specific types of signs).
7. Master sign programs (Section 17.80.130).
C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.
D. Message Neutrality.
1. It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech, and is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
2. Where necessary, the director will interpret the meaning and applicability of this chapter in light of this message neutrality policy.
E. Message Substitution.
1. Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign without consideration of message content.
2. Message substitutions are allowed by right without a permit.
3. This message substitution provision does not:
a. Create a right to increase the total amount of signage beyond that otherwise allowed or existing; b. Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies;
c. Allow a change in the physical structure of a sign or its mounting device; d. Allow the establishment of a prohibited sign as identified in Section 17.80.060 (Prohibited signs); or e. Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
F. City-Installed Signs. City-installed signs in all zoning districts do not require a permit.
G. Other Government-Installed Signs. Governmental agency-installed signs to carry out its responsibility to protect the public health, safety, and general welfare in all zoning districts do not require a permit.
H. Signs in the Coastal Zone.
1. If a proposed sign is located in the coastal zone, it may require a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone). Approval of a CDP requires conformance with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval).
2. Notwithstanding all applicable standards in this chapter, any sign that could reduce public coastal access, including signs limiting public parking or restricting use of existing lateral and/or vertical accessways, requires a CDP.
17.80.040 Rules of measurement.
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A. Calculation of Sign Area.
1. Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter forming a single geometric shape with no more than six sides. See Figure 17.80-1.
Figure 17.80-1: Measurement of Sign Area
2. Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.
3. The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed eighteen inches and the two faces are parallel with each other.
4. The area of spherical, free-form, sculptural or other nonplanar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 17.80-2.
Figure 17.80-2: Nonplanar Sign Area
B. Monument Sign Height Measurement. The height of a monument or other freestanding sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
17.80.050 Signs allowed without permits.
A. Types of Signs. The following signs are allowed without a planning permit and shall not be counted towards the allowable sign area or number of signs on a parcel:
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1. On-site directional signs which do not include commercial messages or images, not to exceed three feet in height and six square feet in area.
2. Informational signs which do not include commercial messages or images, displayed for the safety and convenience of the public, providing information such as “restrooms,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” “coastal access,” and other signs of a similar nature.
3. Flags bearing noncommercial messages or graphic symbols.
4. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.
5. One bulletin board on a parcel occupied by a noncommercial organization, with a maximum area of twelve square feet.
6. Political signs during an election period located outside of a public street, path, or right-of-way except to the extent such signs are prohibited by state or federal law. Political signs may not exceed six feet in height and thirty-two square feet per unit.
7. Constitutionally protected noncommercial message signs not to exceed three feet in height, with a maximum of six square feet per unit; and six square feet per nonresidential property.
8. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.
9. Murals on the exterior of a building that do not advertise a product, business, or service.
10. Official or legal notices required by a court order or governmental agency.
11. Signs installed by a governmental agency within the public right-of-way.
12. Signs, postings, or notices required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.
13. Restaurant menu signs attached to a building, with a maximum area of three square feet.
14. Real estate listings posted in the window of a real estate office, with a maximum area of twenty-five percent of the total window area.
15. Residential signs not requiring a building permit as specified in Section 17.80.100 (Residential signs – Multi-unit properties).
16. Temporary signs allowed without a permit as provided in Section 17.80.110 (Temporary signs).
17. Vacation rental signs up to twelve inches by twelve inches.
18. Garage sale signs limited to the day of the garage sale.
B. Building Permit Review. Planning staff shall review all proposed signs listed in subsection A of this section that require a building permit to verify compliance with all applicable standards.
C. Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally established sign and utilize similar materials shall not require a planning permit.
D. Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally established sign shall not require a planning permit.
17.80.060 Prohibited signs.
A. Prohibited Sign Types. The following types of signs are prohibited:
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1. Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, dilapidation, or abandonment.
2. Portable signs placed on the ground other than sidewalk signs permitted in the MU-V zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
3. Roof signs.
4. Signs emitting odors, gases, or fluids.
5. Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind, excluding flags and insignia of any government.
6. Digital display and electronic readerboard signs which allow the image on a sign to be changed by electronic control methods, except for digital gas and service station signs consistent with Section 17.80.080(H) (Gas and Service Station Signs) and parking garage signs consistent with Section 17.80.080(I) (Parking Garage Signs).
7. Animated signs, with the exception of clocks and barber poles.
8. Signs that emit sound.
9. Signs which simulate in size, color, lettering, or design a traffic control sign or signal.
10. Signs which flash, blink, change color, or change intensity.
11. Beacons.
12. Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.
13. Signs that have been abandoned, or whose advertised use has ceased to function for a period of ninety days or more.
14. Signs adversely affecting traffic control or safety.
15. Signs with exposed raceways.
16. Signs attached to trees.
17. Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by state agencies.
18. Signs erected for the dominant purpose of being seen by travelers on a freeway, except for auto dealership signs as allowed by Section 17.80.080(A) (Auto Dealership Signs).
19. Inflatable signs and balloons greater than fifteen inches in diameter, except for temporary auto dealership signs.
20. Signs on or affecting public property (e.g., “tenant parking only”) not placed there by the public entity having the possessory interest in such property.
21. All other signs not specifically permitted by or exempted from the requirements of this chapter.
B. Prohibited Sign Content.
1. The following sign content is prohibited:
a. Obscene or indecent text or graphics.
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b. Text or graphics that advertise unlawful activity.
c. Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats. d. Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
2. The content prohibited by subsection (B)(1) of this section is either not protected by the United States or California Constitution or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subsection of subsection (B)(1) of this section be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitution.
17.80.070 General sign standards.
A. Maximum Permitted Sign Area. Table 17.80-1 identifies the maximum cumulative/total sign area permitted on a property in each zoning district. Each business may have a mix of the sign types allowed by Section 17.80.080 (Standards for specific types of signs) provided the area of all signs on the property does not exceed the maximum established in Table 17.80-1.
Table 17.80-1: Sign Area Standards
Zoning District Area per Linear Foot of Building
Frontage
MU-V, MU-N 0.5 sq. ft. per linear foot 36 sq. ft. max
C-R, C-C, I 1 sq. ft. per linear foot 50 sq. ft. max
-VS, CF, P/OS [1] As determined through sign permit
PD As determined through the
development plan
Note:
[1] Sign requirements in the visitor serving overlay zone shall be as required by the base zoning district.
B. Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired promptly.
C. Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
D. Illumination.
1. Nonresidential signs may be internally or externally illuminated except where specifically prohibited.
Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Internally illuminated boxes are prohibited, except that the copy of an existing internally illuminated box sign may be replaced with a change of business.
2. The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians.
3. Exposed bulbs are not permitted.
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4. Internal illumination is prohibited in the mixed use village (MU-V) and mixed-use neighborhood (MU-N) zoning districts.
E. Materials and Design.
1. Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof material.
2. The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.
F. Location and Placement.
1. All signs shall be located on the same parcel as the business or use that it serves, except as otherwise allowed by this chapter.
2. Signs shall not obstruct the ingress to, or egress from, a door, window, fire escape, or other required accessway.
3. Signs shall not interfere with visibility at an intersection, public right-of-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. See Section 17.96.050 (Intersection sign distance).
G. Signs in the Public Right-of-Way.
1. No sign shall be permitted in the public right-of-way, except for:
a. Signs installed or required by a governmental agency. b. Awning, canopy, marquee, projecting, or suspended signs attached to a building wall subject to the requirements in Section 17.80.080 (Standards for specific types of signs). c. Sidewalk signs in the village mixed use (MU-V) zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
d. Shared auto dealership signs consistent with Section 17.80.080(A) (Auto Dealership Signs).
2. Any sign illegally installed or placed on public property shall be subject to removal and disposal as specified in Section 17.80.150 (Violations and enforcement). The city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.
3. Signs in the public right-of-way may require city approval of an encroachment permit.
17.80.080 Standards for specific types of signs.
Signs consistent with the standards in this section are allowed with an administrative permit unless planning commission approval of a sign permit is specifically required. Signs that deviate from the standards in this section may be allowed with planning commission approval of a sign permit in accordance with Section 17.80.120 (Adjustment to sign standards).
A. Auto Dealership Signs.
1. In addition to signs allowed with an administrative sign permit (Section 17.80.030(A)), the planning commission may allow special auto dealership signage in the C-R zoning district with approval of a sign permit subject to the following standards:
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a. Location: on or adjacent to an auto dealership land use. b. Placement: ten feet minimum setback from property line abutting the public right-of-way. c. Maximum height: at or below roof line.
d. The planning commission shall review the sign permit application if the total combined sign area on the site exceeds one hundred square feet.
e. The planning commission may allow one shared sign used by multiple auto dealerships at the entry of Auto Plaza Drive which extends into or above the public right-of-way.
The planning commission may allow temporary auto dealership signage, such as signage on light poles and flags and pennants, that deviates from temporary sign standards in Section 17.80.110 (Temporary signs) with the approval of a sign permit.
B. Awning Signs.
1. Standards for awning signs in each zoning district are as shown in Table 17.80-2.
2. Awning signs shall be located on the awning above a display window or the entrance to the business it serves.
3. An awning sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Table 17.80-2: Awning Sign Standards
Awning Face Sign Awning Valance Sign
Zoning District Maximum Area Maximum Number Maximum Area Maximum Letter Height Maximum Number
MU-V, MU-N Sign permit required (Chapter 17.132)
75 percent of valance Two-thirds of valance
height
1 sign per awning
located on either the
awning face or the
awning valance
C-R, C-C 30 percent of awning
face 1 sign per awning
located on either the
awning face or the
awning valance I 20 percent of awning
face
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for awning signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for awning signs shall be established by the city council in the development plan.
C. Monument Signs.
1. Standards for monument signs in each zoning district are as shown in Table 17.80-3.
Table 17.80-3: Monument Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V 12 sq. ft.
4 ft. 1 per property
MU-N 16 sq. ft.
C-R 60 sq. ft.
8 ft. 1 per building frontage
C-C 35 sq. ft.
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Zoning District Maximum Area Maximum Height Maximum Number I 4 ft. 1 per building frontage
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for monument signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for monument signs shall be established by the city council in the development plan.
2. Monument signs shall be placed on the property of the business associated with the sign.
3. Where two monument signs are allowed on a corner parcel, each sign shall be placed at least two hundred feet from the intersection corner.
4. A monument sign for up to four tenants may be approved with an administrative sign permit. Monument signs listing more than four tenants require planning commission approval of a sign permit.
5. The area surrounding the base of a monument sign shall be landscaped consistent with Chapter 17.72 (Landscaping).
6. Monument signs shall be placed at least five feet away from any public or private driveway.
7. Monument signs shall be placed at least five feet behind sidewalk or property line, whichever is greater.
8. The height of a monument sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
9. Monument signs are not allowed in conjunction with wall signs on a property with three or fewer businesses.
D. Center Identification Signs.
1. Standards for center identification signs in each zoning district are as shown in Table 17.80-4.
2. Center identification signs shall identify the name of the center but may not include the name of any business or businesses within the center.
3. No more than one freestanding sign is permitted per center street frontage. If a monument sign is located along the center frontage, an additional center identification sign is not permitted.
Table 17.80-4: Center Identification Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V and MU-N Not permitted
C-R 60 sq. ft.
5 ft. 1 per shopping center
C-C 35 sq. ft.
I Not permitted
Note: In the planned development (PD) zoning district, standards for center identification signs shall be established by the city council in the development plan.
E. Directory Signs.
1. Standards for directory signs in each zoning district are as shown in Table 17.80-5.
2. Directory signs may not be legible from adjacent public rights-of-way. 212
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3. Directory signs shall identify the names of the occupants of the building or complex.
Table 17.80-5: Directory Sign Standards
Zoning District Maximum Area Maximum Height
MU-V 12 sq. ft.
4 ft.
MU-N 16 sq. ft.
C-R 30 sq. ft.
5 ft.
C-C 25 sq. ft.
I 25 sq. ft. 4 ft.
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for directory signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for directory signs shall be established by the city council in the development plan.
F. Wall Signs.
1. Standards for wall signs in each zoning district are as shown in Table 17.80-6.
2. Wall signs shall be attached parallel to the exterior wall of the business associated with the sign and may not extend above the top of building wall.
3. Wall signs may be in cabinets, on wood, or on similar material attached to the wall or painted directly on the wall.
4. Any portion of a wall sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
5. Wall signs are not allowed in conjunction with a monument sign on a property with three or fewer businesses.
6. On a corner lot, one wall sign is allowed per street frontage.
Table 17.80-6: Wall Sign Standards
Zoning District [1] Maximum Area Maximum Projection from Wall Maximum Number
MU-V 0.5 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft. max 4 in. 1 per shopfront
MU-N
1.0 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft. C-R, C-C, I [2] 12 in. 1 per shopfront Notes:
[1] In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for wall signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for wall signs shall be established by the city council in the development plan. [2] Wall signs are not allowed in conjunction with a monument sign in the industrial (I) zoning district.
G. Projecting Signs.
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1. Standards for projecting signs in each zoning district are as shown in Table 17.80-7.
2. Projecting signs shall be attached to the ground-floor exterior wall of the business associated with the sign and may not extend above the top of the second-story finished floor.
3. Projecting signs shall maintain a minimum two-foot horizontal clearance from a driveway or street curb.
4. An encroachment permit must be obtained for all signs projecting over a public right-of-way.
5. A projecting sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Table 17.80-7: Projecting Sign Standards
Zoning
District
Maximum
Area
Maximum
Projection
from Wall
Maximum
Number
MU-V, MUN 4 sq. ft. 4 ft. 1 per business
entryway or
storefront
C-R, C-C, I
8 sq. ft. 4 ft.
1 per business
entryway or
storefront
Note:
In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for projecting signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for projecting signs shall be established by the city council in the development plan.
H. Gas and Service Station Signs. In addition to signs allowed with an administrative sign permit (Section
17.80.030(A)), the planning commission may allow special gas and service station signs that comply with the following standards:
1. A maximum of two signs, not exceeding four square feet, shall be allowed on each pump island to denote either full service or self-service.
2. No other signs will be allowed to be attached to pumps or islands other than required by state law. (See Business and Professions Code Section 13530.)
3. A six-foot-high monument sign which displays prices charged, credit cards accepted or special services rendered shall be allowed on each street frontage.
4. Digital changeable copy signs for gasoline pricing are permitted.
5. Two additional signs up to a maximum of one square foot are permitted to advertise ancillary services such as ATMs and propane. Such signs must be attached to another sign or structure and may not be a portable freestanding sign.
I. Parking Garage Signs. A maximum of one digital display sign not exceeding four square feet on each street frontage is permitted to show the number of available parking spaces.
J. Window Signs.
1. Standards for window signs in each zoning district are as shown in Table 17.80-8.
2. Window signs may be attached only to the inside of a ground-floor window of the business associated with the sign.
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3. Interior signs within one foot of a window and publicly visible from outside of the building shall be included in the calculation of sign area for the property.
Table 17.80-8: Window Sign Standards
Zoning District Maximum Area
MU-V, MU-N 25 percent of window
C-R, C-C, I 30 percent of window
Note:
In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for window signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for window signs shall be established by the city council in the development plan.
K. Sidewalk Signs.
1. Where Allowed. Sidewalk signs are permitted only in the MU-V zoning district consistent with the requirements of this section.
2. Permits Required.
a. Sidewalk signs consistent with this section and the approved BIA design as illustrated in Figure 17.80-3 can be issued an over-the-counter sign permit by the community development director. b. All sidewalk signs shall obtain an encroachment permit. The encroachment permit will identify the location and method used to drill a hole in the sidewalk and/or the location of a sign on a base. c. The owner of any business desiring to place a sidewalk sign on the city right-of-way shall provide an executed city hold harmless waiver and proof of liability insurance to the satisfaction of the city attorney in the amount of one million dollars prior to placing the sign within said right-of-way.
Figure 17.80-3: Sidewalk Sign Standards and Design Concepts
3. Dimensions. Sidewalk signs shall comply with the dimension standards in Table 17.80-9.
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Table 17.80-9: Sidewalk Sign Standards
Zoning
District
Sign Face Entire Sign
Maximum
Area
Maximum
Width
Maximum
Height
Maximum
Height [1]
MU-V 3.75 sq. ft. 18 in. 32 in. 58 in.
All Other
Zoning
Districts
Not permitted
Note:
[1] Measured from sidewalk to top of sign.
4. Number of Signs.
a. Only one two-sided sidewalk sign per business establishment is permitted. b. Multi-tenant developments are permitted one sidewalk sign per each common exterior public business entrance.
5. Materials and Design.
a. Sidewalk signs shall be attached to metal poles. Poles may be either drilled into the sidewalk or inserted into a moveable base. Moveable bases shall be constructed of metal, form a circle with a diameter of no more than eighteen inches, and must be approved as part of the sign permit. b. Lights, banners, flags or similar objects shall not be placed on or adjacent to sidewalk signs. c. Sign faces shall be constructed of solid wood, metal or similar durable and weatherproof material. d. No sidewalk sign may contain lights of any kind.
6. Sidewalk Clearance.
a. The sidewalk in front of the business must be at least seventy-eight inches in width. b. Sidewalk signs shall not interfere with pedestrian ingress or egress as required by the building code or obstruct vehicular traffic sight distance requirements. A forty-eight-inch level clear path of travel on concrete or similar material must be maintained where the sign is located.
7. Separation from Other Sidewalk Signs. Sidewalk signs shall be spaced a minimum of thirty linear feet from all other permitted sidewalk signs.
8. Display During Open Hours. Sidewalk signs may be used only during the hours when the business is open to the public. At all other times the sign and base must be stored within the business premises.
9. Advertising Multiple Businesses. Individual signs may advertise more than one business.
10. Other Business Signage.
a. No other temporary advertising signs (Section 17.80.110) may be used at the same time as the sidewalk sign is in use.
b. All other signs on the property must be in conformance with the city’s sign regulations prior to a sidewalk sign permit being issued.
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17.80.090 Design standards.
A. Design Standards for Mixed Use Zoning Districts. The following design standards apply to all signs in the MU-V and MU-N zoning districts:
1. Signs shall preserve, complement, or enhance the architectural composition and features of the building to which it is attached. Signs may not cover or obscure significant architectural details of the building to which it is attached.
2. Signs shall be coordinated with the overall facade composition, including ornamental details and other signs on the building to which it is attached.
3. Signs shall be mounted to fit within existing architectural features. The shape of the sign shall be used to reinforce the relationship of moldings and transoms seen along the street.
4. Signs shall be located and designed so that they are legible when viewed from the sidewalk. Sign letter styles and sizes shall be designed for legibility from the sidewalk, not the street.
5. To the extent possible, sign attachment parts shall be reused in their original location (holes in the facade or fixing positions) to protect the original building materials.
6. Internally illuminated signs are prohibited in the MU-V and MU-N zoning districts.
7. Wiring conduit for sign lighting shall be carefully routed to avoid damage to architectural details and to be concealed from view as much as possible.
8. Sign materials and colors shall be compatible with the period and style of building to which is it is attached.
Sign panels shall avoid the extensive use of primary colors or significant areas of white or cream.
9. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
10. The sign will not have a significant adverse effect on the character and integrity of the surrounding area.
B. Design Standards for Commercial Zoning Districts. The following design standards apply to all signs in the C-C and C-R zoning districts:
1. Sign design shall conform to and be in harmony with the architectural character of the building.
2. Signs shall be symmetrically located within a defined architectural space.
3. Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Large panel internally illuminated signs are prohibited.
4. The design of monument and other freestanding signs shall relate to the architecture of the building or development they serve. Exterior materials, finishes and colors shall be the same or similar to those of the building or structures on site.
5. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
C. Design Standards for Industrial Zoning District. Signs within the industrial (I) zoning district shall be constructed of metal or other materials consistent with the light industrial character of the zoning district.
17.80.100 Residential signs – Multi-unit properties.
Multi-unit properties may display one or more master signs subject to the following requirements:
A. A master sign program (Section 17.80.130) has been approved for the multi-unit property.
B. Maximum allowable sign area: twenty square feet per property. 217
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C. A master sign for a multi-unit property requires an administrative sign permit.
17.80.110 Temporary signs.
A. Permitted Temporary Signs. Table 17.80-10 (Temporary Sign Standards) identifies temporary signs permitted either by right or with the approval of an administrative sign permit. The planning commission may allow other types of temporary signs or temporary signs that do not comply with the standards in Table 17.80-10 with approval of a sign permit.
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Table 17.80-10: Temporary Sign Standards
Sign Type Permit Required Use Restriction Maximum Number Maximum Area/Size Maximum Duration Auto Dealership Signs – Flags – Pennants – Balloons
None Auto dealerships on Auto Plaza
Drive only
No maximum 0.5 sq. ft. per linear business
frontage; 30 sq. ft. max; 1/3 of window max
Year-round; must be maintained in good condition
Commercial Banner Signs Administrative Sign Permit Nonresidential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
30 sq. ft. 30 continuous calendar days; no
more than 60 days each calendar year
Construction Site Signs – Residential
Administrative Sign Permit Residential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
Height: 5 ft. Area: 12 sq. ft.
From issuance of building permit to certificate of occupancy Construction Site Signs – Nonresidential
Administrative Sign Permit Commercial and industrial uses only
1 per 500 ft. of linear building frontage; 2 signs maximum Height: 8 ft.; 4 ft. in MU-V Area: 40 sq. ft.; 12 sq. ft. in MU-V From issuance of building permit to certificate of occupancy For Sale, Lease, and Rent Signs, Nonresidential
None Commercial and industrial uses
only
1 per property Height: 8 ft.
Area: 40 sq. ft.
1 year; director may approve extension
For Sale, Lease, and Rent Signs, Residential
None Residential uses only 1 per property Height: 4 ft.
Area: 6 sq. ft.
180 days; director may approve extension
Open House or Model Home None None 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.
Limited to day of open house
Special Event None Special events 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.
Limited to day of special event
Residential Subdivision Administrative Sign Permit Residential subdivisions and condominiums located in the city
1 per subdivision Height: 10 ft.
Area: 40 sq. ft.
180 days or upon the sale of the last unit, whichever comes first 219
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17.80.120 Adjustment to sign standards.
This section establishes procedures to allow the planning commission to approve signs that deviate from certain standards to provide reasonable flexibility in the administration of the sign ordinance.
A. Permit Required. Adjustments to sign standards allowed by this section require planning commission approval of a sign permit.
B. Permitted Adjustments. The planning commission may allow adjustment to the following sign standards:
1. The type of sign allowed in nonresidential zoning districts (e.g., awning signs, monument signs).
2. Requirements for temporary signs.
3. The maximum permitted sign area up to a twenty-five percent increase.
4. The maximum permitted sign height up to a twenty-five percent increase.
C. Excluded Adjustments. The planning commission may not use the sign standards adjustment process to approve deviations to the following sign standards:
1. Prohibited signs (Section 17.80.060).
2. All general sign standards (Section 17.80.070) except maximum permitted sign area (Section 17.80.070(A)).
3. Maximum number of signs allowed per property.
4. Residential signs (Section 17.80.100).
D. Findings. The planning commission may approve an adjustment to sign standards as allowed by this section if the following findings can be made in addition to findings required to approve sign permit applications:
1. The sign will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.
2. The sign will not adversely impact neighboring properties or the community at large.
3. The adjustment is necessary due to unique characteristics of the subject property, structure, or use.
4. The sign will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.
5. The adjustment will not establish an undesirable precedent.
E. Low Visibility Commercial Properties.
1. In addition to adjustments allowed by subsections A through D of this section, the planning commission may allow additional adjustments to sign standards for low visibility properties in the C-R and C-C zoning districts.
A low visibility property means a property where signage consistent with applicable standards would not be easily visible from the street or sidewalk due to the width of street frontage, parcel depth or configuration, placement of buildings on the property, topography, vegetation, or other physical characteristic of the property.
2. Adjustments to sign standards for low visibility properties require planning commission approval of a sign permit.
3. Adjustments are allowed to required sign types, height, size, placement, and number. Adjustments may not allow for prohibited signs or monument signs.
4. The planning commission may approve additional or variations to any type of signage upon making the following findings:
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a. The special signage, as designed and conditioned, is necessary and appropriate for the subject commercial site, in order to allow the site and the businesses located within it to be competitive with other businesses of a similar nature located elsewhere, and/or to be competitive with industry standards governing sale of the merchandise offered at the site.
b. The special signage, as designed and conditioned, will not have a significant adverse effect on the character and integrity of the surrounding area.
17.80.130 Master sign program.
A. Purpose. The purpose of the master sign program is to provide a coordinated approach to signage for multifamily development and multi-tenant commercial developments.
B. Applicability. A master sign program is required for multifamily uses with more than one permanent sign proposed, and any nonresidential development with four or more tenants.
C. Permit Required. A master sign program requires planning commission approval of a sign permit.
D. Applications. Applications shall be filed with the planning department on the appropriate city forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed master sign program.
E. Master Sign Program Contents. All master sign programs shall identify the materials, color, size, type, placement and general design of signs located on a project or property.
F. Design Standards.
1. Master sign programs shall feature a unified and coordinated approach to the materials, size, type, placement and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs.
2. A master sign program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, sign area, and type of sign. A master sign program may not allow prohibited signs as identified in Section 17.80.060 (Prohibited signs).
G. Effect of Master Sign Program.
1. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.
2. Signs consistent with an approved master sign program are allowed with an administrative sign permit.
3. Approval of a master sign program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the master sign program shall be in compliance with this chapter.
17.80.140 Nonconforming signs.
This section applies to all legally established signs that do not conform to current requirements in this chapter.
A. Continuation.
1. Except as required by subsection (A)(2) of this section, a nonconforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time it was established.
It is the applicant’s responsibility to demonstrate that the sign was legally established.
2. At time of review of a design permit application for a property with a nonconforming sign on the site, the planning commission shall review the existing nonconforming sign in conjunction with the design permit. The planning commission may allow the continuation of the nonconforming sign only upon finding the sign is compatible with the design character and scale of the surrounding area and does not adversely impact the public health, safety, or general welfare.
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B. Allowed Changes.
1. Changes to sign copy/face and repainting of legal nonconforming signs are permitted as long as there is no alteration to the physical structure or support elements of the sign.
2. A legal nonconforming sign that sustains less than fifty percent damage to its structure may be repaired to its original pre-damaged condition; provided, that such repair is completed within one hundred eighty days after the date of the damage.
C. Required Compliance. A legal nonconforming sign shall be removed or brought into compliance with this chapter in the following situations:
1. The use advertised by the sign has ceased to function for a period of ninety days or more.
2. The sign has sustained at least fifty percent damage to its structure.
3. The sign is located on a remodeled building facade.
4. The sign is relocated to a different lot or building.
17.80.150 Violations and enforcement.
A. Illegal Signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this chapter.
B. Removal of Illegal Signs.
1. The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.
2. For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:
a. Describes the physical characteristics of the subject sign. b. Explains the nature of the violation.
c. States that the sign shall be removed or brought into compliance with this chapter within a specified number of days after the notice is received.
d. States that the city will remove the sign if the business owner or person responsible for the sign does not correct the violation within the specified number of days after the notice is received. e. States that the city may destroy the illegal sign if it is not retrieved within twenty days of removal by the city.
f. States that the business owner or person responsible for the sign is liable for all costs associated with the removal, storage, and destruction of the sign.
3. If an illegal sign is not removed or brought into compliance within the specified number of days after a notice is received, the city may issue a citation to the business owner or person responsible for the sign as provided in Title 4 (General Municipal Code Enforcement) and may remove or cause the removal of the sign.
4. Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal.
5. A sign removed by the city shall be stored for a minimum of twenty days. If the sign is not retrieved by the business owner or person responsible for the sign within this twenty-day period, the city may destroy the sign. 222
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Chapter 17.96
SUPPLEMENTAL STANDARDS
Sections:
17.96.010 Purpose.
17.96.020 Animal keeping.
17.96.030 Emergency shelters.
17.96.040 Home occupations.
17.96.050 Intersection sight distance.
17.96.060 Large commercial land uses.
17.96.070 Large home day care.
17.96.080 Large residential care facilities.
17.96.090 Offshore oil development support facilities.
17.96.100 Permanent outdoor displays.
17.96.110 Outdoor lighting.
17.96.120 Placement of underground utilities.
17.96.130 Recycling collection facilities.
17.96.140 Self-storage facilities.
17.96.150 Solar energy systems.
17.96.160 Soquel Creek Riverview Pedestrian Pathway.
17.96.170 Temporary outdoor dining.
17.96.180 Temporary uses and structures.
17.96.010 Purpose.
This chapter establishes supplemental standards for land uses, activities, and development that apply in all zoning districts.
17.96.020 Animal keeping.
A. General Standards. The following standards apply to the keeping of all animals in Capitola:
1. Public Health and Safety. It shall be unlawful and shall constitute a nuisance to keep any animal that poses a threat to public health or safety.
2. Animal Noise. In addition to the standards in Chapter 9.12 (Noises), no animal may disturb neighbors with its noise between sunset and one-half hour after sunrise.
3. Sanitation. It shall be unlawful and shall constitute a nuisance for any person to keep animals in an unsanitary manner or produce obnoxious odors. All debris, refuse, manure, urine, food waste, or other animal byproduct shall be removed from all the premises every day or more often as necessary.
4. Property Confinement. Animals other than household pets, where allowed, shall be confined to the property within a fenced yard.
B. Household Pets.
1. Compliance with General Standards. The keeping of dogs, cats, domesticated birds, rabbits, rodents, reptiles and amphibians, potbelly pigs less than one hundred fifty pounds, and other household pets is permitted provided they comply with subsection A of this section.
2. Maximum Number. A maximum of four of each type of household pet with a maximum of eight pets total is permitted in a single dwelling unit.
C. Chickens.
1. Permitted Location. Keeping of chickens is permitted only on properties of five thousand square feet or more 223
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occupied by a single-family dwelling.
2. Prohibitions on Roosters. Only hens are permitted pursuant to this chapter. Roosters are prohibited.
3. Number of Chickens. A maximum of four chickens is permitted on a single property.
4. Enclosure Requirement. Chickens shall be kept in a coop which is sufficient to contain chickens. When outside of a coop, chickens shall be confined to the property within a fenced yard.
5. Location of Coops.
a. Chicken coops must be located behind the primary structure on the lot. b. Chicken coops may not be located within a required front and side setback area or closer than twenty feet to dwelling units on adjacent properties.
D. Honeybees.
1. Permitted Location. Keeping of beehives is permitted only on properties occupied by a single-family dwelling.
2. Minimum Lot Size and Number of Hives. A maximum of one beehive is permitted on properties of at least five thousand square feet.
3. Location of Beehives. Beehives shall be located behind the primary structure on the property. Beehives shall not be located closer than twenty feet to dwellings on adjacent properties or five feet from a property line.
E. Prohibited Animals. Keeping the following animals is prohibited:
1. Roosters, fowl other than chickens and ducks, goats, pigs other than potbelly pigs, and other livestock.
2. Wild animals as defined in Section 2118 of the California Fish and Game Code, except when authorized by the State Department of Fish and Game under Fish and Game Code Section 2150 et seq.
17.96.030 Emergency shelters.
Emergency shelters will comply with the following standards:
A. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
B. Physical Characteristics. Emergency shelters shall comply with applicable state and local housing, building, and fire code requirements.
C. Security. Facilities shall have on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
D. Laundry Facilities. Facilities shall provide laundry facilities or services adequate for the number of residents.
E. Common Facilities. Facilities shall contain amenities appropriate to the population to be served to include the following:
1. Central cooking and dining room.
2. Recreation room.
3. Counseling services.
4. Child care facilities.
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5. Other support services.
F. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m.
G. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with city requirements for accessory refuse structures. The storage area shall accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the community development director. The refuse enclosure shall be accessible to refuse collection vehicles.
H. Emergency Shelter Provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. Temporary shelter shall be available to residents for no more than six months.
2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
3. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, and permitting department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrated compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
I. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
J. Transportation Plan. A transportation plan is required.
K. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
L. Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per occupant.
M. Development Standards. An emergency shelter must comply with all development standards in the industrial (I) zoning district.
17.96.040 Home occupations.
A. Required Permit. An administrative permit is required to establish or operate a home occupation.
B. Standards. All home occupations shall comply with the following standards:
1. Size. Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.
2. Sales and Displays. Products may not be sold on site directly to customers within a home occupation. Home occupations may not establish window displays of products to attract customers.
3. Advertising. No newspaper, radio, or television service shall be used to advertise the location of business; however, contact information, including phone numbers and email address, are allowed on advertisements.
4. Signs. One single, nonilluminated, wall-mounted outdoor sign of not more than one square foot in area is permitted.
5. Vehicle Traffic. A home occupation may not generate vehicle traffic greater than normally associated with a 225
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residential use. No excessive pedestrian, automobile, or truck traffic may be introduced to the neighborhood as a result of the home occupation.
6. Deliveries. Deliveries and pick-ups for home occupations may not interfere with vehicle circulation, and shall occur only between eight a.m. and eight p.m., Monday through Saturday.
7. Mechanical Equipment. Mechanical equipment that is not normally associated with a residential use is prohibited.
8. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.
9. Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.
10. Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit.
11. On-Site Client Contact. No more than one client/customer at the property at one time. Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).
12. Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from the property line.
C. Permit Revocation. An administrative permit for a home occupation that violates any of the standards in subsection B of this section (Standards) may be revoked consistent with Section 17.156.110 (Permit revocation).
17.96.050 Intersection sight distance.
A. Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way and adjacent to driveways for the purpose of traffic safety.
B. Vision Triangle Defined.
1. Intersections. The intersection vision triangle shall be the area formed by measuring thirty feet along the major street front property line and twenty feet along the minor street property line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-1.
2. Driveways. The driveway vision triangle is the area formed by measuring fifteen feet along the driveway and the street from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-
1. C. Maintenance of Sight Lines.
1. No structure, vehicle, object, or landscaping over thirty inches in height may be placed within a vision triangle, except as allowed by subsection (C)(2) of this section.
2. Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision triangle.
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Figure 17.96-1: Vision Triangles
17.96.060 Large commercial land uses.
A. Purpose and Applicability. This section establishes special findings that the planning commission must make to approve a conditional use permit for commercial land uses with more than twelve thousand square feet of floor area within one or more buildings. This requirement applies to all proposed new commercial land uses except for:
1. Uses already specifically approved in an applicable master conditional use permit pursuant to Section
17.124.100 (Master use and tenant use permits); and
2. Uses within a shopping center or mall with a floor area of three hundred thousand square feet or more.
B. Findings. To approve a conditional use permit for a commercial land use with twelve thousand square feet or more of floor area, the planning commission shall make the following findings in addition to the findings in Section
17.124.070 (Findings for approval):
1. Vehicle traffic and parking demand created by the proposed use will not have substantial adverse impacts on properties within the vicinity of the subject property.
2. The structure occupied with the proposed use is compatible with the scale and character of existing structures in the surrounding area.
3. The proposed use is compatible with existing land uses in the surrounding area.
4. The size of the proposed use is similar to the average size of similar uses located in the surrounding area.
5. The use will support the surrounding local economy and attract visitors to the commercial area.
C. Purpose of Findings. The purpose of additional findings for large commercial uses is to enable the planning commission to ensure that all new uses and development are consistent with the general plan and compatible with the character of existing neighborhoods and districts. These findings are not intended to involve the city in the normal competition that arises between similar businesses in Capitola.
17.96.070 Deleted.Large home day care.
As allowed by Health and Safety Code Section 1597.465 et seq., the city shall approve a large home day care if it complies with the following standards:
A. Care Provider Occupancy. The single-family home in which the large home day care is located shall be the principal residence of the care provider. The day care use shall be clearly residential in character and shall be accessory to the use of the property as a residence.
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B. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services.
C. Separation. A large home day care facility within a residential zoning district may not be located within five hundred feet of another large home day care.
D. Yard Requirement. A large home day care shall either be located within the R-1 zoning district with outdoor play space or shall have seventy-five square feet of outdoor activity space for each child. A large home day care outside the R-1 shall have an outdoor area owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners. The city may waive this space requirement if the applicant can demonstrate that there is a public park or other public open area that is in close proximity to the large home day care.
E. Screening. A fence or wall shall be located on all property lines or around all outdoor activity areas. The fence or wall shall comply with all applicable standards in Chapter 17.60 (Fences and Walls).
F. Noise. Outdoor activities may not occur before seven a.m. or after eight p.m. when the site is located within or adjacent to a residential zoning district.
G. Parking. Off-street parking shall be provided as required by Chapter 17.76 (Parking and Loading).
H. Garage. The garage shall be utilized for the parking of the property owner’s vehicles. Use of the garage for the day care home function, such as for a play area, is not allowed.
I. Safety Compliance. The applicant is required to have the home inspected and submit a letter of compliance from the following:
1. City Building Division. The home shall be inspected and brought into compliance with the building codes relative to the proposed use.
2. Fire Marshal. The home shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use.
J. Pick-Up and Drop-Off Plan. The community development director shall approve a plan for the pick-up and dropoff of children. The plan shall demonstrate that adequate parking and loading areas are available to minimize congestion and conflict on public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:
1. A scheduled time for pick-up and drop-off with allowances for emergencies; and
2. Prohibitions of double‐parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.
17.96.080 Large residential care facilities.
Large residential care facilities shall comply with the following standards:
A. Separation. A large residential care facility in a residential zoning district shall not be located within five hundred feet of another large residential care facility.
B. Screening and Landscaping. A wall or fence shall be provided for purposes of screening and securing outdoor recreational areas in compliance with Chapter 17.60 (Fences and Walls).
C. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services. Large residential care facilities shall be operated according to all applicable state and local regulations.
D. Safety Compliance. The applicant is required to have the facility inspected and submit a letter of compliance from the following:
1. City Building Department. The facility shall be inspected and brought into compliance with the building codes relative to the proposed use.
2. Fire Marshal. The facility shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use.
17.96.090 Offshore oil development support facilities.
A. Prohibition. There shall be no construction, reconstruction, operation, or maintenance of any commercial or industrial offshore oil development support facility within the city of Capitola.
B. Facilities and Activities Included in Prohibition. Prohibited facilities and activities include, but are not limited to:
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1. Oil or gas storage facilities, pipe and drilling materials, or equipment repair or storage facilities, which operate directly in support of any offshore oil or gas exploration, development, drilling, pumping or production.
2. Construction, reconstruction, or operation of facilities to process any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations.
17.96.100 Permanent outdoor displays.
A. Permitted Displays. A single permanent outdoor display of retail goods that complies with this section is permitted as an accessory use to a primary commercial use in the mixed use, commercial, and industrial zoning districts, except in the MU-V zoning district, where permanent outdoor displays are prohibited.
B. Permits Required. Permanent outdoor displays require planning commission approval of a conditional use permit.
C. Standards.
1. Height. Displayed items shall not exceed six feet in height.
2. Size. Display areas are limited to six feet wide or ten percent of the width of the front building elevation. A display area may extend a maximum of three feet from the front building wall.
3. Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may sell merchandise in an outdoor display area.
4. Hours. Items shall be displayed only during the operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.
5. Screening. If outdoor display areas are proposed as part of a project subject to discretionary review (e.g., conditional use or design permit) and approval by the city, the review authority may require that display areas be screened from view from neighboring properties with a solid wall, fence, or landscaped berm.
6. Vending Machines. Vending machines are not permitted as part of an outdoor display. Vending machines are considered an accessory use requiring planning commission approval of a conditional use permit.
7. Design Standards.
a. Outdoor displays shall be designed to enhance the shopping environment. The outdoor display shall be designed to complement the architecture of the building and public realm. b. Outdoor displays shall be self-supporting, stable, and constructed to withstand wind or contact. The display shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, and trees.
c. Outdoor displays may not contain any information which would routinely be placed on a business sign located on the building such as the name or type of business, hours of business operation, business logo, brand name information, etc. The outdoor display may include a sign which indicates the price of the display items or simply indicates a “sale” on the items limited in size to four square inches. d. Outdoor displays shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires.
8. Location.
a. All outdoor display areas shall be located on the same parcel as the primary commercial use. b. Outdoor display areas may not be placed within any permanent landscaped area, required parking space, or loading area.
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c. No items may be displayed within the public right-of-way, including public sidewalks. d. Outdoor display areas may not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.
D. Exceptions to Standards. The planning commission may grant exceptions to the standards in subsection C of this section with a conditional use permit upon finding that the exception is necessary and that the outdoor display with the exception will comply with the basic intent of the standards.
17.96.110 Outdoor lighting.
A. Purpose. This section establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.
B. Applicability. The standards in this section apply to all outdoor lighting in Capitola except for:
1. Lighting installed and maintained by the city of Capitola or other public agency;
2. Athletic field lights used within a school campus or public or private park;
3. Temporary construction and emergency lighting; and
4. Seasonal lighting displays related to cultural or religious celebrations.
C. Maximum Height. Lighting standards shall not exceed the maximum heights specified in Table 17.96-1.
Table 17.96-1: Maximum Light Standard Height
Zoning District Maximum Height
Residential Zoning Districts 16 ft.
Mixed Use and Commercial Zoning Districts 16 ft. within 100 ft. of any street frontage or residential property line; 20 ft. in any other location
Industrial Zoning Districts 16 ft. within 100 ft. of any street frontage or residential property line; 25 ft. in any other location
Community Facility and Parks/Open Space Zoning Districts 25 ft., or as necessary for safety and security D. Prohibited Lighting. The following types of exterior lighting are prohibited:
1. Exposed bulbs and/or lenses;
2. Mercury vapor lights; and
3. Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
E. Fixture Types. All lighting fixtures shall be shielded so the lighting source is not directly visible from the public right-of-way or adjoining properties. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).
F. Light Trespass. Lights shall be placed to direct downward and deflect light away from adjacent lots and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties.
1. Direct or sky-reflected glare from floodlights shall not be directed into any other parcel or street, or onto any beach.
2. No light or activity may cast light exceeding one foot-candle onto a public street, with the illumination level 230
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measured at the centerline of the street.
3. No light or activity may cast light exceeding one-half foot-candle onto a residentially zoned parcel or any parcel containing residential uses.
G. Required Documentation. Prior to issuance of building permits, project applicants shall submit to the city photometric data from lighting manufacturers demonstrating compliance with the requirements of this section.
H. Coastal Development Permit. In the coastal zone, and notwithstanding the other provisions of this section, all lighting shall be sited and designed to limit lighting to the minimum necessary to provide for adequate public safety.
All lighting shall be sited and designed so that it limits the amount of light or glare visible from public viewing areas (including but not limited to the beach and other such natural areas) to the maximum extent feasible (including through uses of lowest luminosity possible, directing lighting downward, directing lighting away from natural areas, etc.). In addition, exterior lighting adjacent to habitat areas shall be wildlife-friendly and shall use lamps that minimize the blue end of the spectrum. All lighting that requires a CDP shall also be subject to a CDP finding that such lighting does not adversely impact significant public views.
17.96.120 Placement of underground utilities.
New construction or additions that increase existing floor area by twenty-five percent or more shall place existing overhead utility lines underground to the nearest utility pole. Establishing an accessory dwelling unit in conformance with Chapter 17.74 (Accessory Dwelling Units) does not require placing existing overhead utility lines underground.
17.96.130 Recycling collection facilities.
All recycling collection facilities where permitted shall comply with the standards in this section.
A. Accessory Use. Recycling collection facilities may be established only as an accessory use in conjunction with an existing commercial or industrial use which complies with the zoning code and the Capitola building and fire codes.
B. Permit Required. Where allowed by Part 2 of this title (Zoning Districts and Overlay Zones), a recycling collection facility requires planning commission approval of a conditional use permit.
C. Attendant Required. Facilities may accept materials for recycling only when an attendant is present on site.
D. Maximum Size. Recycling collection facilities may occupy no more than five thousand square feet of area on a property.
E. Parking Areas.
1. Recycling collection facilities shall provide parking for removal of the materials and for customers depositing the materials.
2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use, unless a study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.
F. Accepted Items. Recycling collection facilities may accept only glass, metal or plastic containers, papers and reusable items. Used motor oil may be accepted with a permit from the Santa Cruz County environmental health department and the Hazardous Materials Advisory Commission.
G. Power-Driven Processing Equipment. Except for reverse vending machines, recycling collection facilities may not use power-driven processing equipment.
H. Location.
1. Mobile vending facilities shall be located in a designated area without eliminating the required parking or landscaping.
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2. Facilities shall be at least one hundred feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
I. Maintenance. The site shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day.
J. Noise. Facilities shall not exceed noise levels of sixty dBA as measured from the property line of a residentially zoned property or a residential use. Facilities shall not exceed noise levels of seventy dBA measured from all other property lines.
K. Hours of Operation. Facilities shall operate only between the hours of nine a.m. and seven p.m.
L. Facility Information and Display.
1. Containers shall be clearly marked to identify the type of materials which may be deposited.
2. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
M. Signs. Signs may be provided as follows:
1. Recycling facilities may have identification signs with a maximum of ten square feet, in addition to informational signs required by subsection L of this section.
N. Landscaping. The facility shall comply with all landscaping standards required by Chapter 17.72 (Landscaping) and other city ordinances.
17.96.140 Self-storage facilities.
A. Purpose and Applicability. This section establishes special findings for the planning commission to approve selfstorage facilities in the community commercial (C-C) zoning district. These findings are intended to ensure that new self-storage facilities will not adversely impact the economic vitality of Capitola’s commercial districts.
B. Required Findings. In addition to the findings in Chapter 17.124 (Use Permits), the planning commission must make the following findings to approve a self-storage facility in the community commercial (C-C) zoning district:
1. The location of the proposed self-storage facility is conducive/better suited as self-storage rather than traditional retail due to limited access to or poor visibility from the street.
2. The proposed self-storage facility would be compatible with existing land uses in the surrounding area.
3. Streets and other means of egress are adequate to serve the proposed self-storage facility.
17.96.150 Solar energy systems.
A. Required Permits.
1. Rooftop Systems. Rooftop solar energy systems and solar water heaters are permitted by right in all zoning districts. No permit or approval is required other than a building permit and fire department review.
2. Other Systems. Solar energy systems that are not located on the rooftop of a primary structure require a conditional use permit.
B. Height Exceptions. Rooftop solar energy systems may project up to four feet above the maximum permitted structure height in the applicable zoning district. This exception is applicable to the solar energy system only, not the structure on which it is located.
C. Mixed Use Village Zoning District. Rooftop solar facilities in the mixed use village zoning district shall be 232
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located and designed to minimize visibility from a street or other public place to the greatest extent possible.
D. Building Permit Review and Approval. Building permit applications for rooftop solar energy systems shall be reviewed and approved in compliance with Chapter 15.10 (Expedited Solar Permitting Ordinance).
E. Coastal Development Permit. A proposed solar energy system may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zone) if any part of the site is located in the coastal zone and the proposed development shall conform with the coastal development permit findings for approval as specified in Section 17.44.130 (Findings for approval).
17.96.160 Soquel Creek Riverview Pedestrian Pathway.
The following standards apply to the Soquel Creek Riverview Pedestrian Pathway, which extends from the Stockton Avenue Bridge along the eastern side of Soquel Creek, under the Railroad Trestle, to 427 Riverview Avenue, where it follows a drainage easement to Riverview Avenue. As used in this section, “pathway” means the area within which the pedestrian walking surface (comprised of brick, decomposed granite and other surface materials) and any related public amenities are located.
A. The pathway shall be maintained at a minimum of either the existing pathway width shown in the March 2005 survey maintained by the city of Capitola, or four feet, whichever is greater.
B. The pathway shall have a minimum overhead clearance of eight feet.
C. Structures east of the pathway shall be set back a minimum of five feet from the edge of the pathway.
D. Development, including decks, fencing, landscaping and other improvements, shall not encroach into the pathway.
E. Property owners shall trim and maintain landscaping so that it does not encroach into the pathway.
F. Permeable surface variations (i.e., brick, decomposed granite and other surfaces) are permitted.
G. Deck handrails may not exceed forty-two inches in height. The space between the deck and the handrails may not be filled in to create a solid appearance.
H. Signage indicating that the pathway is open to the public is allowed.
I. All bulkheads shall be constructed in a rustic manner and finished in wood.
J. A maximum of two freestanding lights are allowed for each deck to a maximum height of eight feet.
17.96.170 Temporary outdoor dining.
This section establishes requirements for temporary outdoor dining areas located on a public sidewalk or other area within the public right-of-way.
A. Required Permits. Temporary outdoor dining within the public right-of-way requires an administrative permit and an encroachment permit. Temporary outdoor dining may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zone) if any part of the site is located in the coastal zone and the proposed development shall conform with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval).
B. Permitted Zoning Districts. Temporary outdoor dining within the public right-of-way is allowed in the commercial community (C-C), commercial regional (C-R), and mixed use neighborhood (MU-N) zoning districts.
Temporary outdoor dining within the public right-of-way is not permitted in the mixed use village (MU-V) zoning district.
C. Standards. Temporary sidewalk dining shall comply with the following standards:
1. Location. Outside dining is permitted on the public sidewalk:
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a. When incidental to and part of a restaurant; and
b. Along the restaurant’s frontage.
2. Number of Dining Areas. An indoor restaurant may operate only one outside dining area confined to a single location.
3. Safe Passage.
a. Temporary sidewalk dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the outside dining area. b. The sidewalk immediately adjacent to the restaurant shall have adequate space to accommodate tables and chairs and shall provide adequate safe passage along the sidewalk for pedestrian and wheelchair users of the sidewalk. Safe and adequate passage of at least four feet in width shall be provided along the sidewalk and from the curb to the sidewalk. No tables or chairs or any other objects shall be placed or allowed to remain on any sidewalk that inhibit such passage.
4. Furniture and Signage Location.
a. Tables and chairs in a sidewalk dining area shall be set back at least two feet from any curb and from any sidewalk or street barrier, including a bollard, and at least eight feet from a bus stop. b. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. c. All temporary improvements to separate the outdoor dining area from the sidewalk, such as a railing, shall relate to the architectural design of the primary restaurant structure in color, materials, and scale. d. Umbrellas shall be secured with a minimum base of not less than sixty pounds. e. All signs are subject to Chapter 17.80.
5. Food and Beverages. The service of alcoholic beverages within the sidewalk dining area requires a conditional use permit, and shall comply with the following requirements:
a. The outside dining area shall be situated immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service.
b. The outside dining area shall be clearly separate and delineated from the areas of the sidewalk which remain open to pedestrian traffic.
c. One or more signs shall be posted during hours of operation stating that alcohol is prohibited outside of the dining area.
d. The outside dining area shall receive all licenses required for on-site consumption of alcoholic beverages from state authorities.
6. Trash and Maintenance.
a. Storage of trash is prohibited within or adjacent to the sidewalk dining area. All trash and litter shall be removed as it accumulates or otherwise becomes a public nuisance. b. The sidewalk dining area, including the sidewalk surface and furniture, shall be maintained in a clean and safe condition.
7. Hours of Operation. Sidewalk dining may occur between seven a.m. and ten p.m. seven days a week. Tables, chairs, other outdoor dining furniture, and all other structures and materials associated with the outdoor dining area shall be removed from the sidewalk and stored indoors at night and when the sidewalk dining area is not in 234
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operation.
17.96.180 Temporary uses and structures.
A. Purpose. This section establishes requirements for the establishment and operation of temporary uses and structures. These requirements allow for temporary uses and structures in Capitola while limiting impacts on neighboring properties and the general public.
B. Temporary Uses Allowed by Right. The following temporary uses are permitted by right. No permits or approvals from the community development department are required.
1. Garage Sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales.
2. Storage Containers. Storage containers delivered to a home, loaded at the residence, and delivered to another location, for a maximum of two weeks on private property. Storage containers on a residential property for more than two weeks may be approved by the planning commission with a conditional use permit.
3. Outdoor Fund Raising Events. Outdoor fund raising events on commercial sites when sponsored by a nonprofit organization directly engaged in civic or charitable efforts. Outdoor fund raising events are limited to two days each month for each sponsoring organization.
4. On-Site Construction Yards. Temporary construction yards and office trailers that are located on site, less than one acre in size, and established in conjunction with an approved project. The construction yard and trailer shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.
C. Temporary Uses Requiring a Permit. An administrative permit is required for the following temporary uses:
1. Seasonal Sales. Seasonal sales (e.g., Christmas trees, pumpkins) for a maximum of forty-five calendar days, no more than four times per year on a single property. Seasonal sales are prohibited on residentially zoned property.
2. Temporary Outdoor Displays of Merchandise and Parking Lot Sales. Temporary outdoor displays of merchandise and parking lot sales on private property for a maximum of three days no more than two times per year on a single property. Following the completion of the temporary display, all signs, stands, poles, electrical wiring, or any other fixtures, appurtenances or equipment associated with the display shall be removed from the premises.
3. Farmers’ Markets. Farmers’ markets for a maximum of one day per week in a nonresidential zoning district.
Farmers’ markets for more than one day per week in a nonresidential zoning district are permitted with a conditional use permit. Farmers’ markets in a residential zoning district are permitted with a conditional use permit.
4. Off-Site Construction Yards. Construction yards located off site in conjunction with an approved project.
The construction yard shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.
5. Employee Trailers. Trailer or commercial modular units used as a work site for employees of a business displaced during construction, for a maximum of twelve months. The community development director may grant up to two twelve-month extensions for ongoing construction activity requiring more than twelve months to complete.
6. Mobile Food Vendors. Mobile food vendors in one location four times or less per year in accordance with Chapter 9.36. Mobile food vendors in one location more than four times per year require a conditional use permit.
7. Real Estate Offices. Real estate offices used exclusively for the sale of homes or other real estate units located within an approved multi-unit development project for a maximum of three years or within thirty days 235
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of when the last home is sold, whichever comes first.
8. Other Similar Activities. Similar temporary activities determined by the community development director to be compatible with the applicable zoning district and surrounding uses.
D. Temporary, Publicly Attended Activities/Events. Temporary, publicly attended activities such as festivals, outdoor entertainment, and other similar events may be permitted pursuant to Chapter 9.36 (Temporary, Publicly Attended Activities). If in the coastal zone, see Section 17.44.080(H) (Temporary Events) to determine if a temporary event requires a coastal development permit.
E. Conditions of Approval. Upon the approval of a permit for a temporary use, the city may attach the following conditions when necessary in connection with the temporary use:
1. Hours of operation.
2. Maintenance of accessibility for the disabled.
3. Protection of fire lanes and access.
4. Preservation of adequate on-site circulation.
5. Preservation of adequate on-site parking or a parking management plan to temporarily park off site.
6. Cleanup of the location or premises.
7. Use of lights or lighting or other means of illumination.
8. Operation of any loudspeaker or sound amplification in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises.
17.96.190 Generators
Home generators to provide backup electricity in case of a power outage must comply with the following:
A Noise. Generators may not exceed noise levels of 65 dBA as measured from the property line of a residentially zoned property or a residential use.
B. Allowed Use. Other than periodic testing as required by the manufacture, a generator may be operated only in case of a power outage or emergency,
C. Testing Hours. A generator may be tested only during the hours of eight a.m. and 8 p.m.
D. Placement on Lot.
1. Generators are prohibited in required front and side setback areas.
2. A generator may project a maximum of 5 feet into a rear setback if necessary to locate the generator behind the rear wall of the home.
E. Recreational Vehicle Use Prohibited. Freestanding generators shall not be used to supply service to recreational vehicles or trailers. Generators attached to recreational vehicles or trailers shall not be operated on or adjacent to residential properties.
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Chapter 17.120
DESIGN PERMITS
Sections:
17.120.010 Purpose.
17.120.020 Types of design permits.
17.120.030 When required.
17.120.040 Application submittal and review.
17.120.050 Design review process.
17.120.060 Public notice and hearing.
17.120.070 Design review criteria.
17.120.080 Findings for approval.
17.120.090 Conditions of approval.
17.120.100 Appeals and post-decision procedures.
17.120.010 Purpose.
This chapter establishes the process to obtain a design permit. A design permit is a discretionary action that enables the city to ensure that proposed development exhibits high-quality design that enhances Capitola’s unique identity and sense of place. The design permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties.
17.120.020 Types of design permits.
The zoning code establishes two types of design permits: design permits reviewed and approved by the planning commission and minor design permits reviewed and approved by the community development director.
17.120.030 When required.
A. Types of Projects. The types of projects that require a design permit, and the type of design permit for each project, are listed in Table 17.120-1. If a type of development project or activity is not specifically listed in Table
17.120-1, a design permit is not required.
Table 17.120-1: Projects Requiring Design Permits
Type of Project Type of Permit
Single-Family Residential Projects
Ground-floor additions to existing single-family homes where the addition is visible from a public street and does not exceed 15 ft. in height, except for exempt additions (Section 17.120.030(B)) Minor Design Permit
Accessory structures greater than 10 ft. in height and/or 120 sq. ft. to 300 sq. ft. Minor Design Permit Accessory structures greater than 300 sq. ft. Design Permit Upper-floor decks and balconies on the side or rear of a home that are not adjacent to public open space Design Permit All rooftop decks Design Permit
Upper-floor additions to an existing single-family home Design Permit New single-family homes Design Permit
Multifamily Residential Projects
Ground-floor additions less than 15% of total floor area of an existing multifamily structure Minor Design Permit Upper-floor decks and balconies on the side or rear of a structure that are not adjacent to public open Design Permit 237
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Type of Project Type of Permit
space
All rooftop decks Design Permit
Accessory structures including garbage and recycling enclosures Minor Design Permit Ground-floor additions 15% of total floor area or more to an existing multifamily structure Design Permit Upper-floor additions to an existing multifamily structure Design Permit New multifamily residential structures Design Permit
Nonresidential Projects (Including Mixed Use)
Exterior modifications to an existing structure that do not increase the floor area of the structure Minor Design Permit Accessory structures 120 sq. ft. to 300 sq. ft. including garbage and recycling enclosures Minor Design Permit Accessory structures greater than 300 sq. ft. including garbage and recycling enclosures Design Permit Additions less than 15% of the floor area of an existing nonresidential structure where the addition is not visible from the primary street frontage
Minor Design Permit
Additions 15% or more of the floor area of an existing nonresidential structure where the addition is visible from the primary street frontage
Design Permit
Additions to an existing nonresidential structure of 3,000 sq. ft. or more Design Permit New nonresidential structures Design Permit
B. Single-Family Exemptions. The following additions to a single-family dwelling are exempt from the design permit requirement:
1. Ground-floor single-story additions up to four hundred square feet at the rear of the home.
2. Enclosure of an existing recessed entrance up to twenty-five square feet.
3. Enclosure of an existing open porch up to fifty square feet.
4. Installation of bay windows.
5. A single accessory structure that does not exceed one hundred twenty square feet in floor area and ten feet in height with no connection to water or sewer. Two or more accessory structures require a Minor Design Permit.
6. Minor exterior modification or replacement of materials on an existing structure including siding, windows, doors, and roof.
7. Other similar minor additions to a single-family dwelling as determined by the community development director.
8. Upper-floor decks and balconies immediately adjacent to a street or public open space.
17.120.040 Application submittal and review.
A. General. An application for a design permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information required by the community development department with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.120.080 (Findings for approval).
B. Streetscape Illustration. For all proposed new buildings, the applicant shall submit streetscape illustrations that include neighboring structures within one hundred feet of the side property lines. 238
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C. Enhanced Visualization. The city may require enhanced project visualization materials (e.g., 3-D renderings, photo-simulations, physical models, expanded streetscape diagrams, viewpoint analysis, story poles) when any of the following apply:
1. The project is proposed within a prominent or highly visible development site as determined by the community development director.
2. The project would be located within or adjacent to vista points or visually sensitive areas as identified in the general plan.
3. The applicant is requesting a variance for height.
4. Substantial changes to the exterior of an existing structure.
5. The community development director determines that enhanced visualization is necessary to determine if the findings for approval can be made for the proposed project.
6. Story poles shall only be required by the planning commission or city council.
D. Review by Architectural Historian. Proposed projects that involve an exterior alteration to a designated historic resource or a potential historic resource as defined in Section 17.84.020 (Types of historic resources) shall be reviewed by an architectural historian and may require a historic alteration permit as provided in Section 17.84.070 (Historic alteration permit).
17.120.050 Design review process.
A. Review Required. All design permit applications shall be reviewed by city staff and city-contracted design professionals as specified in Section 17.108.040 prior to review and action on the application by the planning commission.
B. Purpose of Review. The purpose of the design review process is to provide recommendations to the applicant on the design of the project based on design review criteria in Section 17.120.070. Applicants are encouraged to consider comments from the design review process and modify the project design as needed prior to planning commission consideration of the application.
17.120.060 Public notice and hearing.
A. Design Permits. The planning commission shall review and act on a design permit application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
B. Minor Design Permits. Public notice of a pending action on a minor design permit application shall be provided in compliance with Chapter 17.148 (Public Notice and Hearings). The community development director shall hold a public hearing for a minor design permit application only upon receiving a written request for a public hearing as provided in Section 17.148.030 (Notice of pending action for minor use permits and minor design permits).
17.120.070 Design review criteria.
When considering design permit applications, the city shall evaluate applications to ensure that they satisfy the following criteria, comply with the development standards of the zoning district, conform to policies of the general plan, the local coastal program, and any applicable specific plan, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design permit approval, projects must satisfy these criteria to the extent they apply.
A. Community Character. The overall project design including site plan, height, massing, architectural style, materials, and landscaping contributes to Capitola’s unique coastal village character and distinctive sense of place.
B. Neighborhood Compatibility. The project is designed to respect and complement adjacent properties. The project height, massing, and intensity are compatible with the scale of nearby buildings. The project design incorporates measures to minimize traffic, parking, noise, and odor impacts on nearby residential properties.
C. Historic Character. Renovations and additions respect and preserve existing historic structures. New structures 239
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and additions to nonhistoric structures reflect and complement the historic character of nearby properties and the community at large.
D. Sustainability. The project supports natural resource protection and environmental sustainability through features such as on-site renewable energy generation, passive solar design, enhanced energy efficiency, water conservation measures, and other green building techniques.
E. Pedestrian Environment. The primary entrances are oriented towards and visible from the street to support an active public realm and an inviting pedestrian environment.
F. Privacy. The orientation and location of buildings, entrances, windows, doors, decks, and other building features minimize privacy impacts on adjacent properties and provide adequate privacy for project occupants.
G. Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility and features that promote a sense of ownership of outdoor space.
H. Massing and Scale. The massing and scale of buildings complement and respect neighboring structures and correspond to the scale of the human form. Large volumes are divided into small components through varying wall planes, heights, and setbacks. Building placement and massing avoids impacts to public views and solar access.
I. Architectural Style. Buildings feature an architectural style that is compatible with the surrounding built and natural environment, is an authentic implementation of appropriate established architectural styles, and reflects Capitola’s unique coastal village character.
J. Articulation and Visual Interest. Building facades are well articulated to add visual interest, distinctiveness, and human scale. Building elements such as roofs, doors, windows, and porches are part of an integrated design and relate to the human scale. Architectural details such as trim, eaves, window boxes, and brackets contribute to the visual interest of the building.
K. Materials. Building facades include a mix of natural, high-quality, and durable materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding development.
L. Parking and Access. Parking areas are located and designed to minimize visual impacts and maintain Capitola’s distinctive neighborhoods and pedestrian-friendly environment. Safe and convenient connections are provided for pedestrians and bicyclists.
M. Landscaping. Landscaping is an integral part of the overall project design, is appropriate to the site and structures, and enhances the surrounding area.
N. Drainage. The site plan is designed to maximize efficiency of on-site drainage with runoff directed towards permeable surface areas and engineered retention.
O. Open Space and Public Places. Single-family dwellings feature inviting front yards that enhance Capitola’s distinctive neighborhoods. Multifamily residential projects include public and private open space that is attractive, accessible, and functional. Nonresidential development provides semi-public outdoor spaces, such as plazas and courtyards, which help support pedestrian activity within an active and engaging public realm.
P. Signs. The number, location, size, and design of signs complement the project design and are compatible with the surrounding context.
Q. Lighting. Exterior lighting is an integral part of the project design with light fixtures designed, located, and positioned to minimize illumination of the sky and adjacent properties.
R. Accessory Structures. The design of detached garages, sheds, fences, walls, and other accessory structures relates to the primary structure and is compatible with adjacent properties.
S. Mechanical Equipment, Trash Receptacles, and Utilities. Mechanical equipment, trash receptacles, and utilities 240
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are contained within architectural enclosures or fencing, sited in unobtrusive locations, and/or screened by landscaping.
17.120.080 Findings for approval.
To approve a design permit application, the review authority shall make all of the following findings:
A. The proposed project is consistent with the general plan, local coastal program, and any applicable specific plan, area plan, or other design policies and regulations adopted by the city council.
B. The proposed project complies with all applicable provisions of the zoning code and municipal code.
C. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
D. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.
E. The proposed project complies with all applicable design review criteria in Section 17.120.070 (Design review criteria).
F. For projects in residential neighborhoods, the proposed project maintains the character, scale, and development pattern of the neighborhood.
17.120.090 Conditions of approval.
The planning commission or community development director may attach conditions of approval to a design permit to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
17.120.100 Appeals and post-decision procedures.
A. Planning commission decisions on design permits may be appealed to the city council as described in Chapter
17.152 (Appeals).
B. Community development director decisions on minor design permits may be appealed to the planning commission as described in Chapter 17.152 (Appeals).
C. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to design permits.
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Chapter 17.136 MINOR MODIFICATIONS
Chapter 17.136
MINOR MODIFICATIONS
Sections:
17.136.010 Purpose.
17.136.020 When allowed.
17.136.030 Review authority.
17.136.040 Application submittal and review.
17.136.050 Public notice and hearing.
17.136.060 Findings for approval.
17.136.070 Conditions of approval.
17.136.080 Appeals and post-decision procedures.
17.136.010 Purpose.
This chapter establishes the process to obtain a minor modification. A minor modification allows for small deviations from development standards to accommodate projects which meet the needs of property owners, are consistent with the purpose of the zoning code and general plan and local coastal program land use plan, and do not negatively impact neighboring properties or the community at large.
17.136.020 When allowed.
A. Permitted Modifications. The planning commission may approve a minor modification to allow for a maximum ten percent deviation from a physical development standard that applies to the subject property. Types of physical development standards eligible for a minor modification include:
1. Dimensional standards and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; and
2. Minimum and maximum setbacks from property lines;
3. Other similar dimensional standards as determined by the community development director.
B. Excluded Modifications. The city may not approve minor modifications for:
1. Minimum required on-site open space and landscaping;
2. Maximum height of buildings, fences, walls, and other structures;
3. Lot area, width, or depth;
4. Minimum number of off-street parking spaces;
5. Maximum residential density;
6. Maximum floor area ratio (FAR); or
7. Setbacks from ESHA or geologic hazards.
17.136.030 Review authority.
A. Community Development Director. The community development director takes action on minor modification applications for:
1. Requested deviations to dimensional standards and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; and
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2. Where the application is not filed for concurrent review with an application for discretionary review by the planning commission or city council.
B. Planning Commission. The Planning Commission takes action on all other minor modification applications.
The planning commission takes action on minor modification applications.
C. Referral to Planning Commission. The community development director may refer any on minor modification application to the planning commission for review and final decision.
17.136.040 Application submittal and review.
An application for a minor modification shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review) or, in the coastal zone, Chapter 17.44 (Coastal Overlay Zone) with a coastal development permit. The application shall include the information and materials required by the community development department for minor modification applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.136.060 (Findings for approval).
17.136.050 Public notice and hearing.
The planning commission shall review and act on a minor modification application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
17.136.060 Findings for approval.
To approve a minor modification application, the planning commission shall make all of the following findings:
A. The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.
B. The modification will not adversely impact neighboring properties or the community at large.
C. The modification is necessary due to unique characteristics of the subject property, structure, or use.
D. The modification will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.
E. The modification is consistent with the general plan, local coastal program, and any applicable specific plan or area plan adopted by the city council.
F. The modification will not establish a precedent.
G. The modification will not adversely impact coastal resources.
17.136.070 Conditions of approval.
The planning commission may attach conditions of approval to a minor modification to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
17.136.080 Appeals and post-decision procedures.
A. Planning commission decisions on minor modifications may be appealed to the city council as described in Chapter 17.152 (Appeals).
B. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to minor modifications.
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Chapter 17.160 GLOSSARY
Chapter 17.160
GLOSSARY
Sections:
17.160.010 Purpose.
17.160.020 Definitions.
17.160.010 Purpose.
This chapter provides definitions of terms and phrases used in the zoning code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this chapter conflict with others in the municipal code, these definitions shall control for only the provisions of this zoning code. If a word is not defined in this chapter or in other chapters of the zoning code, the community development director shall determine the appropriate definition.
17.160.020 Definitions.
A. “A” Terms.
1. “Abutting” or “adjoining” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.
2. “Accessory dwelling unit” means a self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single parcel. a. “Accessory dwelling unit, attached” means an accessory dwelling unit that shares at least one common wall with the primary residential unit.
b. “Accessory dwelling unit, detached” means a secondary dwelling unit that does not share a common will with the primary residential unit.
3. “Accessory structure” means a structure that is incidental and subordinate to a primary structure or use located on the same parcel. Includes garages, sheds, hot tub, pergolas, and other similar structures.
4. “Accessory use” means a land use which is incidental and subordinate to a primary land use located on the same parcel.
5. “Addition” means any development or construction activity that expands the footprint or increases the habitable floor area of a building.
6. “Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.
7. “Alcoholic beverage sales” means the sale of alcoholic beverages for on-site consumption at a restaurant, bar, nightclub or other establishment, or the retail sale of alcoholic beverages for off-site consumption.
8. Alteration. See “Modification.”
9. “Applicant” means any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks city permits and approvals.
10. “Arbor” means a freestanding unenclosed structure with vertical latticework on two sides for climbing plants and cross beams or lattice forming a covering connecting the sides. The space between the vertical latticework may be open or contain a bench for sitting. 110. “Assumed ground surface” means a line on each elevation of an exterior wall or vertical surface which connects those points where the perimeter of the structure meets the finished grade. 244
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121. “Average slope” means the average slope of a parcel calculated using the formula: S = 100(I)(L)/A, where:
a. S = Average slope (in percent);
b. I = Contour interval (in feet);
c. L = Total length of all contour lines on the parcel (in feet); and d. A = Area of subject parcel (in square feet).
B. “B” Terms.
1. “Balcony” means a platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two sides.
2. “Banks” means a commercial establishment providing retail banking services. Includes only establishments serving walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions.
3. “Base zoning district” means the primary zoning, as distinguished from an overlay zone, that applies to a parcel of land as shown on the zoning map.
4. “Basement” means that portion of a building between floor and ceiling, which is partly or all below grade, and where more than the vertical distance from grade to ceiling is below the average ground contact level of the exterior walls of the building.
5. “Bay window” means a window or series of windows serving as an important element of the building’s architecture, forming an alcove in a room and projecting outward from the wall in a rectangular, polygonal, or curved form.
6. “Block” means the property abutting on one side of a street and lying between the two nearest intersecting streets.
7. “Bluff” or “cliff” means the scarp or steep face of rock, decomposed rocks, sediment or soil resulting from erosion, faulting, folding or excavation of land mass and exceeding ten feet in height, and includes what are commonly known as “cliffs.” See also the definition of “coastal bluff” in Section 17.44.030.
8. “Building” means any structure used or intended for supporting or sheltering any use or occupancy.
9. “Building coverage” means the land area covered by all buildings and accessory structures on a parcel.
10. “Building face” means and includes the general outer surface of a main exterior wall of a building. For example, a building with a rectangular plan has four main exterior walls and four building faces.
11. “Building height” means the vertical distance measured from the assumed ground surface of the building to the highest point of the roof, ridge, or parapet wall.
12. “Business services” means an establishment that provides services to other businesses on a fee or contract basis. Includes computer rental and repair, catering, printing and duplicating services, outdoor advertising services, package delivery services, equipment rental and leasing, and other similar land uses.
13. “By right” means permitted without any form of discretionary approval.
C. “C” Terms.
1. “California Environmental Quality Act (CEQA)” means California state law (Public Resources Code Section 245
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2100 et seq.) requiring government agencies to consider the environmental consequences of their actions before taking action on a proposed project.
2. “Capitola Village” means the central core of Capitola generally bounded by the Monterey Bay shoreline to the south, the railroad trestle to the north and west, and Cliff Avenue and Depot Hill to the east.
3. “Caretaker quarters” means a residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.
4. “Carport” means an accessory building to a residential structure, open on two, three or four sides and attached to, or detached from, a dwelling and established for the loading or unloading of passengers or the storage of an automobile.
5. “Car wash” means a commercial facility for the washing, waxing, or cleaning of automobiles or similar light vehicles
65. “Coastal zone” means the area of land and water extending from the state’s outer seaward limit of jurisdiction inland to the boundary as shown in Capitola’s local coastal program (LCP) as certified by the California Coastal Commission.
76. “Colleges and trade schools” means institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees. Includes junior colleges, business and computer schools, management training, vocational education, and technical and trade schools.
87. “Community assembly” means a facility that provides space for public or private meetings or gatherings.
Includes places of worship, community centers, meeting space for clubs and other membership organizations, social halls, union halls, banquet centers, and other similar facilities.
98. “Community benefit” means a public amenity offered by a project applicant that advances general plan goals but is not required by the zoning code or any other provision of local, state, or federal law. 109. “Commercial entertainment and recreation” means an establishment that provides entertainment or recreation activities or services for a fee or admission charge. Includes bowling alleys, electronic game arcades, billiard halls, pool halls, sports clubs, commercial gymnasiums, dancehalls, and movie theaters. 110. “Community development director” means the community development director of the city of Capitola or his or her designee.
121. “Construction and material yards” means storage of construction materials or equipment on a site other than a construction site. Includes public utility buildings and service yards used by a governmental agency. 132. “Cultural institution” means a public or nonprofit institution that engages in cultural, scientific, and/or educational enrichment. Includes libraries, museums, performing art centers, aquariums, environmental education centers, nonprofit art centers and galleries, botanical gardens, and other similar uses. 143. “Curb-side service” or “drive-up service” means service provided by a commercial establishment while a customer remains waiting within a vehicle.
154. Custom Manufacturing. See “Manufacturing, custom.” D. “D” Terms.
1. “Dark sky compliant” means a lighting fixture that meets the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light.
2. “Day care center” means a facility that provides nonmedical care and supervision of minors for periods of less than twenty-four hours. Includes nursery schools, day nurseries, child care centers, infant day care centers, cooperative day care centers, and similar uses.
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3. “Daylight plane” means the imaginary line beginning at a height of twenty feet at the setback from a property line and extending into the parcel at an angle of forty-five degrees.
4. “Deck” means an outdoor platform, either freestanding or attached to a building, which is supported by pillars or posts.
5. Demolition, Substantial. “Substantial demolition” means the removal or replacement of either fifty percent or more of the lineal footage of existing interior and exterior walls or fifty percent or more of the area of existing floor, ceilings, and roof structures.
6. “Density” means the number of dwelling units per acre of land, excluding street rights-of-way, public easements, public open space, land under water, and certified wetlands and floodplains.
7. “Design review” means that process for the city to review and act on a design permit application.
8. Designated Historic Resource. See Section 17.84.020(A) (Designated Historic Resources).
9. “Development” means any human-caused change to the land or a structure that requires a permit or approval from the city, including construction, rehabilitation, and reconstruction. See Section 17.44.030 for the definition of “development” that applies in the coastal zone.
10. “Development standards” means regulations in the zoning code that limit the size, bulk, or placement of structures or other improvements and modifications to a site.
11. “Discretionary approval” means an action by the city by which individual judgment is used as a basis to approve or deny a proposed project.
12. “Drive-through facility” means a facility where a customer is permitted or encouraged, either by the design of physical facilities or by the service procedures offered, to be served while remaining seated within a vehicle.
Includes drive-through restaurants, coffee shops, pharmacies, banks, automatic car washes, drive-up windows, and other similar land uses and services.
13. “Duplex home” means a residential structure that contains two dwelling units, each with its own entrance.
Each unit within a duplex home provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
14. “Dwelling unit” means a building or a portion of a building containing one or more habitable rooms used or designed for occupancy by one family for living and sleeping purposes, including kitchen and bath facilities.
E. “E” Terms.
1. “Eating and drinking establishments” means businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
a. “Bars and lounges” means a business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
Includes cocktail lounges, nightclubs, taverns, and other similar uses. Also includes tasting rooms with more than 160 square feet of floor area accessible to the public. b. “Restaurants and cafes” means a business establishment serving food and beverages to customers where the food and beverages may be consumed on the premises or carried out and where more than one hundred sixty square feet of public area is open to customers. Includes full service restaurants, fast-food restaurants, coffee shops, cafes, and other similar eating and drinking establishments. c. “Take-out food and beverage” means establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where the area open to customers is limited to no more than one hundred sixty square feet. Includes take-out restaurants, take-out sandwich shops, limited service pizza parlors and delivery shops, and snack bars. Also includes catering businesses or bakeries that have a 247
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storefront retail component and tasting rooms with 160 square feet or less of floor area accessible to the public,.
2. “Elderly and long-term care” means establishments that provide twenty-four-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and are licensed as a skilled nursing facility by the state of California, including but not limited to rest homes and convalescent hospitals, but not residential care, hospitals, or clinics.
3. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, as defined in Section 50801 of the California Health and Safety Code.
F. “F” Terms.
1. “Farmers’ market” means a market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, locally produced arts and crafts items but excludes second-hand goods. Food and beverages dispensed from booths located on site is permitted as an accessory use.
2. “Financial institution” means a professional office conducting businesses within the financial industry.
Excludes commercial establishments providing retail banking services to walk-in customers or clients (see “Banks”).
3. “Fence” means a structure connected by boards, masonry, rails, panels, or other similar permanent building material for the purpose of enclosing space or separating parcels of land. This definition includes gates but excludes hedges and other living plants.
4. “Floor area” means the sum of the horizontal areas of all floors of an enclosed structure, measured from the outside perimeter of the exterior walls as described in Section 17.48.040 (Floor area and floor area ratio).
5. “Floor area ratio” means the gross floor area of all of the buildings on the parcel divided by the net parcel area.
6. “Food preparation” means businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Includes catering kitchens, and small-scale specialty food production.
7. “Frontage” means that portion of all property abutting a street.
G. “G” Terms.
1. “Garage” means an enclosed structure or a part of a building designed or used for the storage of automobiles and other motor vehicles.
2. “Garage sale” means a temporary sale for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted.
3. “Gas and service stations” means a retail business establishment supplying gasoline and oil and minor accessories for automobiles. Included in this definition are incidental food and beverage and car wash facilities.
4. “Group housing” means shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Includes rooming and boarding houses, single-room occupancy housing, dormitories, and other types of organizational housing, and extended stay hotels intended for long-term occupancy (thirty days or more). Excludes hotels, motels, bed and breakfasts, and residential care facilities.
5. “Geological hazard” means a threat to life, property or public safety caused by geological or hydrological 248
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processes such as faulting and secondary seismic effects, including but not limited to: liquefaction, landsliding, erosion, flooding, tsunami or storm wave inundation.
6. “Government offices” means a place of employment occupied by governmental agencies and their employees. Includes offices for administrative, clerical, and public contact functions but excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.
7. “Grading” means any and all activities involving earthwork, including placement of fill and/or excavation.
8. “Ground floor” means the first floor of a building other than a cellar or basement that is closest to finished grade.
H. “H” Terms.
1. “Habitable space” means an area within a building that is conditioned (heated or cooled) with a finished floor and a ceiling height of at least seven feet six inches. Excludes unfinished attics, cellars, crawl spaces, and other similar utility areas.
2. Height. See “Building height.” For structures other than buildings, “height” means the vertical distance from grade to the highest point of the structure directly above.
3. “Home day care” means a facility providing daytime supervision and care for up to 14 adults, children, or elderly located in the provider’s own home. Includes both small and large home day care facilities as defined in the California Health and Safety Code Sections 1597.44 and 1597.465 a. “Home day care facilities, large” means a day care home facility supervising nine to fourteen persons. b. “Home day care facilities, small” means a day care home facility supervising eight persons or less.
4. “Historic resource” means either a designated historic resource or a potential historic resource as defined in Section 17.84.020 (Types of historic resources).
5. “Historic alteration permit” means the city permit required to alter the exterior of a historic resource in accordance with Section 17.84.070 (Historic alteration permit).
6. “Home occupation” means the conduct of a business within a dwelling unit or residential site, with the business activity being subordinate to the residential use of the property.
I. “I” Terms.
1. “Impervious surface” means any surface that does not permit the passage of water. Impervious surfaces include buildings, parking areas, and all paved surfaces.
J. “J” Terms. None.
K. “K” Terms.
1. “Kitchen” means any room or part of a room used or intended or designed to be used for cooking or the preparation of food for a single dwelling unit, and distinct from a “mini-bar/convenience area” which is intended as a supplemental food preparation area within a single-family home.
L. “L” Terms.
1. “Land use” means an activity conducted on a site or in a structure, or the purpose for which a site or structure is designed, arranged, occupied, or maintained. The meaning of the term “use” is identical to “land use.”
2. “Landscaping” means the planting and maintenance of living plant material, including the installation, use, 249
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and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).
3. “Liquor store” means a business selling alcoholic beverages for off-site consumption with the sale of alcoholic beverages constituting its primary source of revenue.
4. “Local coastal program (LCP)” means the city’s land use plan and implementation plan which includes portions of the municipal code, portions of the zoning code, zoning map (as more specifically identified in Chapter 17.44 (Coastal Overlay Zone) and actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
5. Light Manufacturing. See “Manufacturing, light.”
6. “Lodging” means an establishment providing overnight accommodations to transient patrons for payment for periods of less than thirty consecutive days.
a. “Bed and breakfast” means a residential structure that is in residential use with one or more bedrooms rented for overnight lodging and where meals may be provided. b. “Hotel” means an establishment providing overnight lodging to transient patrons. Hotels and motels may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. Includes motor lodges, motels, extended-stay hotels, and tourist courts, but does not include group housing or bed and breakfast establishments, which are separately defined and regulated.
7. Lot. See “Parcel.”
M. “M” Terms.
1. “Maintenance and repair services” means businesses which provide construction, maintenance and repair services off site, but which store equipment and materials or perform fabrication or similar work on site.
Includes off-site plumbing shops, general contractors, contractor’s storage yards, appliance repair, janitorial services, electricians, pest control, heating and air conditioning, roofing, painting, landscaping, septic tank service, and other similar uses.
2. “Manufacturing, custom” means establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle making shops, woodworking, and custom jewelry manufacturers.
3. “Manufacturing, light” means the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing.
4. “Material change” means any significant alteration, by private or public action, in the external appearance or surface of an improvement, landscape or vista. This shall not include ordinary maintenance which does not require a permit.
5. “Ministerial action” means a city decision on a planning permit which involves only the use of fixed standards or objective measurements and does not require the exercise of discretion.
6. “Mini-bar/convenience area” means a supplemental food preparation area within a single-family home subject to the standards in Section 17.16.030(B)(9) (Mini-Bar/Convenience Areas).
7. “Medical offices and clinics” means a facility where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Includes offices for physicians, dentists, and optometrists, diagnostic centers, blood banks and plaza centers, and emergency medical clinics 250
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offered exclusively on an out-patient basis. Hospitals are excluded from this definition.
8. “Mixed use” means two or more different land uses located in one structure or on one parcel or development site.
9. “Mobile food vendors” means businesses selling food or drinks from temporary and semi-permanent structures or mobile equipment such as food trucks or pushcarts.
10. Mobile Home Park. See Section 17.100.030 (Definitions).
11. “Modification” means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
12. “Multifamily dwelling” means a building that contains three or more dwelling units, with each unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
N. “N” Terms.
1. “Nonconforming parcel” means a parcel that was lawfully established but that no longer conforms with the parcel size or dimension standards of the zoning district in which it is located.
2. “Nonconforming structure” means a structure which does not meet the current development standards for the district in which the structure is located. Development standards include, but are not limited to, setbacks, height or lot coverage regulations of the zoning district, but do not include standards contained in the uniform codes, such as the building code.
3. “Nonconforming use” means a use that lawfully occupied a building or land at the time the use was established, but that no longer conforms with the use regulations of the zoning district in which it is located.
O. “O” Terms.
1. “Open space, private” means open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
2. “Open space, common” means areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit.
3. “Outdoor kitchen” means an outdoor space used or intended or designed to be used for cooking or the preparation of food for a single dwelling unit subject to the standards in Section 17.16.030.B.10. Outdoor pizza ovens are included in the definition of an outdoor kitchen.
3. “Overlay zone” means an additional zoning district as shown on the zoning map that prescribes special regulations to a parcel in combination with the base zoning district.
P. “P” Terms.
1. “Parcel” means a lot, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the county of Santa Cruz, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. The meaning of “lot” is identical to “parcel.”
2. Parcel Area, Gross. “Gross parcel area” means the total horizontal area included within the parcel lines of the parcel, including one-half the width of any alley or portion thereof abutting a parcel line.
3. Parcel Area, Net. “Net parcel area” means the gross parcel area excluding: (a) any recorded easements to 251
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allow others to use the surface of the property for necessary access to an adjacent property or other similar use such as a shared driveway or public access agreement (excludes utility easements), and (b) any area under the high water mark that extends into a waterway.
4. Parcel, Corner. “Corner parcel” means a parcel situated at the junction of two or more intersecting streets, with a parcel line bordering on each of the two or more streets.
5. “Parcel depth” means the average distance from the front parcel line to the rear parcel line, measured in the general direction of the side parcel lines.
6. “Parcel line” means the lines bounding a parcel.
7. Parcel Line, Front. “Front parcel line” means that dimension of a parcel or portion of a parcel, abutting on a street except the side of a corner parcel. On a corner parcel the narrowest street frontage is considered the front parcel line. The community development director may designate the front parcel line for irregularly shaped parcels with unusual development patternshas the authority to determine and designate the front parcel line based on existing conditions and function of the lot.
8. Parcel Line, Rear. “Rear parcel line” means, ordinarily, the line of a parcel which is generally opposite the front parcel line of said parcel. The community development director has the authority to determine and designate the front parcel line based on existing conditions and function of the lot.may designate the rear parcel line for irregularly shaped parcels with unusual development patterns.
9. Parcel Line, Interior Side. “Interior side parcel line” means any boundary line not a front line or a rear line shared with another parcel.
10. Parcel Line, Exterior Side. “Exterior side parcel line” means any boundary line not a front line or a rear line adjacent to a street.
11. Parcel, Reversed Corner. “Reversed corner parcel” means a corner parcel, the side street line of which is substantially a continuation of the front line of the parcel upon which it rears.
12. “Parcel width” means the average distance between the side parcel lines, measured at right angles to the parcel depth.
13. “Parking lot” means an open area of land, a yard or other open space on a parcel other than a street or alley, used for or designed for temporary parking for more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
14. “Parking space” means land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designed to be used for temporary parking or storage of standard motor vehicles.
15. “Parks and recreational facilities” means noncommercial public facilities that provide open space and/or recreational opportunities. Includes parks, community gardens, community centers, passive and active open space, wildlife preserves, playing fields, tennis courts, swimming pools, gymnasiums, and other similar facilities.
16. “Pergola” means an unenclosed structure with vertical posts or pillars that supports cross beams and/or an open lattice. A pergola may be freestanding or attached to a building.
16. “Personal services” means an establishment that provides services to individuals and that may provide accessory retail sales of products related to the services provided. Includes barber shops and beauty salons, nail salons, dry cleaning establishments, self-service laundromats, tailors, tanning salons, state-licensed massage therapists, fitness studios, yoga studios, dance studios, pet grooming services, veterinary clinics, and other similar land uses. Also includes establishments that primarily offer specialized classes in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction. This does not include professional offices that offer classes in addition to the professional office spaces. 252
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17. “Planning permit” means any permit or approval required by the zoning code authorizing an applicant to undertake certain land use activities.
18. Potential Historic Resource. See Section 17.84.020(B) (Potential Historic Resource).
19. “Primary use” means the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.
20. “Primary structure” means a structure that accommodates the primary use of the site.
21. “Professional office” means a place of employment occupied by businesses providing professional, executive, management, or administrative services. Includes offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, nonretail financial institutions, real estate agents, news services, photographers, engineers, employment agencies, and other similar professions.
Also includes research and development facilities that engage in research, testing, and development of commercial products or services in technology-intensive fields.
22. “Public safety facility” means a facility operated by a governmental agency for the purpose of protecting public safety. Includes fire stations and other fire-fighting facilities, police stations, public ambulance dispatch facilities, and other similar land uses.
Q. “Q” Terms. None.
R. “R” Terms.
1. “Recreational vehicle (RV)” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
a. Contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; b. Contains four hundred square feet or less of gross area measured at maximum horizontal projections; c. Is built on a single chassis; and
d. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.
2. “Reycling collection facility” means a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.
3. “Remodel” means a change or alteration in a building that does not increase the building’s net square footage.
4. “Residential care facility” means a state-licensed residential facility providing social and personal care for residents. Includes children’s homes, homes for the elderly, orphanages, self-help group homes, and transitional housing for the homeless. Excludes facilities where medical care is a core service provided to residents, such as nursing and convalescent homes.
a. “Residential care facility, large” means a residential care facility for seven or more persons. b. “Residential care facility, small” means a residential care facility for six or fewer persons.
5. “Residential mixed use” means one or more structures on a single parcel that contains both dwelling units and nonresidential uses such as retail, restaurants, offices, or other commercial uses. Different land uses may be within a single structure (vertical mixed use) or in separate structures on a single parcel (horizontal mixed use). 253
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6. “Residential use” means any legal use of a property as a place of residence, including but not limited to dwelling units, group housing, and the residential component of a mixed-use residential building.
76. “Retail” means stores and shops selling merchandise to the general public. Includes drug stores, general merchandise stores, convenience shops, pet stores, department stores, grocery stores and other similar retail establishments.
87. “Review authority” means the city official or city body that is responsible, under the provisions of the zoning code, for approving or denying a permit application or other request for official city approval.
9. “Roof deck” means a walkable exterior floor system located above and supported by the roof of a building.
S. “S” Terms.
1. “Salvage and wrecking” means storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.
2. “Schools, public or private” means public or private facilities for education, including elementary, junior high, and high schools, providing instruction and study required in public schools by the California Education Code.
3. “Setback” means the minimum allowable distance from a given point or line of reference such as a property line to the nearest vertical wall or other element of a building or structure as defined in this chapter, or from a natural feature such as a bluff edge or an environmentally sensitive habitat area. Setbacks for buildings or structures shall be measured at right angles from the nearest property line establishing a setback area line parallel to that parcel line. Where a property line is located within a street, the setback shall be measured from the edge of the right-of-way containing the street.
4. Sign. See Chapter 17.80 (Signs).
5. “Single-family dwelling” means a residential structure designed for occupancy by one household. A singlefamily dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
6. “Single-room occupancy” means housing consisting of a single-room dwelling unit that is the primary residence of its occupants. A single-room occupancy must include either food preparation or sanitary facilities (or both) and must be four hundred square feet or less.
7. “Site” means a parcel or adjoining parcels that are under single ownership or single control, and that are considered a unit for the purposes of development or other use.
8. “Site area” means the total area included within the boundaries of a site.
9. “Self-storage” means a structure or group of structures with controlled access that contains individual and compartmentalized stalls or lockers for storage of customers’ goods.
10. “Split zoning” means a parcel on which two or more zoning districts apply due to zoning district boundaries crossing or otherwise not following the parcel boundaries.
11. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade as defined in this chapter for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined in this chapter at any point, such basement, cellar or unused under-floor space shall be considered as a story. 254
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12. Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which are at least two opposite exterior walls and which are not more than four feet above the floor plate of the second floor, and may include shed or dormer projections from those walls. Dormers may constitute not more than one-third of the length of the wall upon which they are located, whether as a single unit or multiple dormers.
13. “Street” means a public way more than twenty feet in width which affords a primary or principal means of access to abutting property. “Streets” includes private roads and highways.
14. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor, ceiling or roof joists and roof rafters, or change in roof exterior lines which would prolong the life of the supporting members of a building.
15. “Structure” means anything constructed or erected that requires attachment to the ground, or attachment to something located on the ground. Pipelines, poles, wires, and similar installations erected or installed by public utility districts or companies are not included in the definition of “structure.” In the coastal zone, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
T. “T” Terms.
1. “Tandem parking” means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.
2. “Tasting Room” means a room or rooms, open to the general public, primarily used for the retail marketing of winery, brewery, distillery, and/or food products
2. “Temporary structure” means a structure that is erected for a limited period of time, typically no longer than one hundred eighty days, and that does not permanently alter the character or physical facilities of a property.
3. “Temporary use” means a short-term activity that may or may not meet the normal development or use standards of the applicable zone, but that occurs for a limited period of time, typically less than twelve months and does not permanently alter the character or physical facilities of a property.
4. “Trellis” means a structure made from an open framework or lattice of interwoven or intersecting pieces of wood, bamboo or metal made to support and display climbing plants. A trellis may be freestanding or attached to a building wall or other structure.
U. “U” Terms.
1. “Upper floor” means any story of a building above the ground floor.
2. “Urban agriculture” means activities involving the raising, cultivation, processing, marketing, and distribution of food in urban areas.
a. “Home garden” means the property of a single-family or multifamily residence used for the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the property, guests of the property owner, or a gardening business hired by the property owner. b. “Community garden” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members. c. “Urban farm” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale.
3. Use. See “Land use.”
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4. “Utilities, major” means generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
5. “Utilities, minor” means infrastructure facilities that are necessary to serve development within the immediate vicinity such as electrical distribution lines and underground water and sewer lines.
V. “V” Terms.
1. “Vacation rental” means the occupancy for hire of residential property or a portion thereof for a period of less than thirty consecutive calendar days. See Section 17.40.030 (Vacation rental use (-VRU) overlay zone). “For hire,” for purposes of this section, does not include:
a. The owner or long-term lessee of the property, without consideration, allowing family or friends to use the property;
b. An arrangement whereby the owner or long-term lessee of the property agrees to a short-term trade with another property owner or long-term lessee whereby the sole consideration is each concurrently using the other’s property.
2. “Valet parking service” means a parking service provided to accommodate patrons of one or more businesses that is accessory and incidental to the business and by which an attendant on behalf of the business takes temporary custody of a patron’s motor vehicle and moves, parks, stores or retrieves the vehicle for the patron’s convenience.
3. “Vehicle repair” means an establishment for the repair, alteration, restoration, or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, motor rebuilding, tire recapping and retreading, and towing. Repair shops that are incidental to a vehicle sales or rental establishment on the same site are excluded from this definition.
4. “Vehicle sales and rental” means an establishment for the retail sales or rental of new or used vehicles.
Includes the sale of vehicle parts and vehicle repair; provided, that these activities are incidental to the sale of vehicles.
5. “Vehicle sales display room” means an establishment for the retail sales of new vehicles conducted entirely within an enclosed building. Outdoor storage and display of vehicles are not permitted.
W. “W” Terms.
1. “Wall” means a permanent upright linear structure made of stone, concrete, masonry, or other similar material.
2. “Warehousing and distribution” means an establishment used primarily for the storage and/or distributing of goods to retailers, contractors, commercial purchasers or other wholesalers, or to the branch or local offices of a company or organization. Includes vehicle storage, moving services, general delivery services, refrigerated locker storage facilities, and other similar land uses.
3. “Wholesaling” means indoor storage and sale of goods to other firms for resale. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders.
Wholesalers normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic.
4. “Wireless communications facility” means a facility that transmits or receives electromagnetic signals for the purpose of transmitting voice or data communications. See Chapter 17.104 (Wireless Communications Facilities).
X. “X” Terms. None.
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Y. “Y” Terms.
1. “Yard” means an open space, other than a court, on the same parcel with a building, unoccupied and unobstructed from the ground upward, except for such encroachments allowed by the zoning code.
2. Yard, Front. “Front yard” means a yard extending across the full width of the parcel, the depth of which is the minimum horizontal distance between the front line of the parcel and the nearest line of the main building or enclosed or covered porch. On a corner parcel the front line of the parcel is ordinarily construed as the least dimension of the parcel fronting on a street.
3. Yard, Rear. “Rear yard” means a yard extending across the full width of the parcel, and measured between the rear line of the main building or enclosed or covered porch nearest the rear line of the parcel; the depth of the required rear yard shall be measured horizontally.
4. Yard, Side. “Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the parcel and the nearest part of the main building or enclosed or covered porch.
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Zoning Code Amendment Summary Table
# Topic Code Section Page Amendment Reason for Change
1 ADUs Table 17.16-1 2
Removes CUP permit requirement for ADUs
and limitation to lots with one single family
dwelling
Correct inconsistency with updated ADU
ordinance and state law
2 Home Day Care Table 17.16-1 2
Combines small and large home day care into
one home day care category allowed by right
in residential districts
State law now requires cities to regulate large
home day care in the same manner as small
home day care
3 Interior Side
Setbacks Table 17.16-2 4
New note clarifying that regardless of parcel
width minimum setback is never greater than
7 feet
Clarify existing standard and apply standard to
RM zoning district
4 MiniBar/Convenience
Area
17.16.030.B.9 7
Clarifies a mini-bar is distinct from and
allowed in addition to an outdoor kitchen. Clarifies original intent of mini-bar provisions 5 Outdoor
Kitchens 17.16.030.B.10 7
Moves outdoor kitchen standards from Table
17.48-3 to residential districts chapter
Clarifies outdoor kitchen standards apply to all
outdoor kitchens, not just those that project into
setbacks
6 Second Story
Decks and
Balconies in R-1
17.16.030.B.11 8
New objective standards for second story
decks and balconies in R-1; Prohibits roof
decks in R-1
Reduces privacy impacts from second story
decks and balconies
7 Second Story
Decks and
Balconies in RM
17.16.030.C.4 9/10
New objective standards for second story
decks and balconies in RM that abut R-1;
New objective standards for roof decks in RM
Reduces privacy impacts from second story
decks balconies and roof decks
8 ADUs Table 17.20-1 13 Adds ADUs as an allowed use in MU-V; Removes CUP permit requirement for ADUs
Correct inconsistency with updated ADU
ordinance and state law
9 Home Day Care Table 17.20-1 13
Combines small and large home day care into
one home day care category allowed by right
in mixed use districts
State law now requires cities to regulate large
home day care in the same manner as small
home day care
10 Roof Decks –
MU-V
17.20.030.E.10 20 Specifies that roof decks that provide common open space are allowed in MU-V
Clarifies original intent
11 Roof Decks –
MU-N
17.20.040.I 22 Specifies that roof decks that provide
common open space are allowed in MU-N
Clarifies original intent
12 Capitola Road
MU-N Special
Standards
Figure 17.20-9 23 Revises figure to show area subject to special standards extending to 45th street Corrects map error
13 Multifamily in CC
Table 17.24-1 25
Adds note limiting multifamily to mixed use
project only in C-C
Match rule in C-R consistent with original intent
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Item 8 D.
Zoning Code Amendment Summary Table
# Topic Code Section Page Amendment Reason for Change
14 ADUs Table 17.24-1 26
Adds ADUs as an allowed use in commercial
districts
Correct inconsistency with updated ADU
ordinance and state law
15 Home Day Care Table 17.24-1 26
Combines small and large home day care into
one home day care category allowed by right
in commercial districts
State law now requires cities to regulate large
home day care in the same manner as small
home day care
16 Car Washes Table 17.24-1 26
Adds car was as a permitted stand-alone use
with a CUP in the commercial districts
Clarifies permit requirement for currently unlisted
primary use
17 Large Retail
Uses Table 17.24-1 27
Adds CUP requirement for retain uses 20,000
square feet or more
Allow for public hearing and Planning
Commission review for large retail uses (e.g.,
grocery store) that may impact surrounding
properties
18 Mobile Food
Vendors Table 17.24-1 28
Allows Administrative Permit for mobile food
vendor in one location four times per year
Corrects error and inconsistency with mobile food
vendor permit requirement in 17.96.180.C
Cannabis Signs 17.24.030.D.1.iv 30 Removes limit to one sign and 15 sq. ft. maximum size
Bring cannabis signs standards into closer
alignment with other business identification sign
standards
19 Roof Decks – C
districts 17.20.030.H 33
Specifies that roof decks that provide
common open space are allowed in
commercial districts
Clarifies original intent
20 Monarch Cove
Landscaping 17.30.120 44
Moves Monarch Cove landscaping
requirements to the landscaping chapter
Reorganization to keep all landscaping
requirements in one place
21 Setback
Measurement 17.48.030.A 46
Adds that setback measurement language
applies to setbacks from property lines and
that setback areas must remain clear of
structures unless specifically allowed
otherwise
Clarifies existing requirements
22 Property Line
Determination 17.48.030.B 46
Clarifies that “determine the lot configuration”
means designating front, side, and rear
property lines
Clarifies ambiguous language
23 Building Wall
Projections into
Setbacks
Table 17.48-2 47
Adds outdoor showers, basement light wells,
and pergolas as allowed projections into
required setbacks
Establish rules for common building wall
projections currently not addressed in code
24 Pergolas Table 17.48-3 48
Replaces “trellis structure” with “pergola” as
site feature that may be located in setback Corrects incorrect terminology 259
Item 8 D.
Zoning Code Amendment Summary Table
# Topic Code Section Page Amendment Reason for Change
25 Outdoor kitchen Table 17.48-3 48
Moves outdoor kitchen standards from Table
17.48-3 to residential districts chapter
Clarifies outdoor kitchen standards apply to all
outdoor kitchens, not just those that project into
setbacks
26 Generators Table 17.48-3 48
Adds generator as permitted projection into
rear setback and prohibited in other setback
areas
Minimize generator distance from property lines
27 Building
Separation 17.48.030.G 48
Adds that minimum building separation is as
required by building code. Alerts reader to this building code requirement 28 Basements 17.48.030.G 48
Adds that basements are subject to same
setback requirement as ground floor Codifies current practice 29 Floor Area
Calculation 17.48.040.5.d 49
Includes in floor area calculation second story
decks and balconies that are either covered
or enclosed on two or more sides.
Encourage uncovered and unenclosed upper
story decks and balconies to reduce appearance
of building mass
30 Floor Area
Calculation 17.48.040.6 49
Replaces “trellis” with “pergola” as site feature
excluded from floor area calculation Corrects incorrect terminology 31 Landscaping –
Visitor Serving
Properties
17.72.050.C 53
Moves Monarch Cove landscaping
requirements from 17.30.120 to the
landscaping chapter
Reorganization to keep all landscaping
requirements in one place
32 Parking Lot
Landscaping 17.72.055 53/54 Moves parking lot landscaping standards from parking chapter to landscaping chapter Reorganization to keep all landscaping
requirements in one place
ADUs 17.74 57-63
Adds statement that establishing an ADU
does not require undergrounding utilities;
Allows 150-square foot expansion on ground
floor for purposes other than accommodating
ingress and egress; Allows conversion of
existing accessory structure to ADU (not just
new construction) subject to limited
standards; other amendments to conform with
state law
Conform with SB 897 and AB 2221 which will go
into effect January 1, 2023. Encourage
production of internal ADUs within existing
homes; Encourage conversion of existing
accessory structures to ADUs
36 Parking –
restaurants in
MU-V
17.76.020.C.1.b 70 Specifies that restaurant expansion without providing parking can occur only once. Clarifies original intent. 37 Parking –
Residential Care Table 17.76-2 71
Removes parking requirement for “other
nonresidential areas” in elderly and residential
care facilities
Areas such as storage rooms don’t generate
parking demand
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Zoning Code Amendment Summary Table
# Topic Code Section Page Amendment Reason for Change
38 Parking in R-1
Front Setback 17.76.040.B.1 73
Revises existing rules to allow 18-foot 2-car
parking spaces in front setback subject to
design standards
Existing parking space width standards not a
good fit with common R-1 lot widths
39 EV Charging
Stations 17.76.040.F 77
Replaces number of EV station requirement
with building code reference; Limits size of
digital screens; Requires placement outside
of setbacks and screening; allows reduced
parking spaces to accommodate charging
stations; Allows charging stations with
ministerial permit
Building code is more stringent than zoning code
requirement and will change over time; aesthetic
impacts from digital advertisements; state law
requirements for reduced parking spaces and
ministerial approval
40 Parking Lot
Landscaping 17.876.070 85
Moves parking lot landscaping standards from
parking chapter to landscaping chapter
Reorganization to keep all landscaping
requirements in one place
41 Signs – Internal
Illumination 17.80.070.D.4 97 Prohibits internal illumination in MU-N district Consistency with MU-V district 42 Large Home Day
Care 17.96.070 115 Deletes large home day care standards Consistency with state law (SB 234) 43 ADUs – utility
connections 17.96.120 118
Adds statement that establishing an ADU
does not require undergrounding utilities
Clarifies existing requirement in conformance with
state law
44 Generators 17.96.190 123
Adds standards for placement, testing hours,
and prohibit use of generators
Reduce neighbor impacts from home generators
for backup electricity
45 Design Permits –
ground floor
additions
Table 17.120-1 124
Removes language that design review is
required only if for single-family ground floor
additions is visible from a public streets
This issue is separately addressed in
17.120.030.B.1
46 Design Review –
Accessory
Structures
17.120.030.B.5 125
Adds Minor Design Permit requirement for
two or more accessory structures Clarifies original intent 47 Minor
Modifications 17.36.030 129
Allows community development director
review of minor modification applications for
projects that otherwise do not require
Planning Commission review
Streamline application review for noncontroversial projects 48 “Addition”
Definition 17.160.020.A.5 131
Expansion of uninhabitable floor area
included in definition of addition Corrects error
49 “Arbor” Definition 17.160.020.A10 131 Adds definition of arbor Clarify difference between trellis, arbor, and pergola
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Item 8 D.
Zoning Code Amendment Summary Table
# Topic Code Section Page Amendment Reason for Change
50 “Car Wash”
Definition 17.160.020.C.5 133 Ads definition of car wash Car ashes added as a use listed in allowed use tables 51 Tasting Room 17.160.020.E 134
Tasting rooms added to definition of bars and
lounges if more than 160 sq. ft. and to takeout food and beverage if more than 160 sfClarify parking requirement for tasting rooms 52 “Home Day
Care” Definition 17.160.020.H.3 136
Eliminates separate definitions for small and
large home day care
Small and large home cares now regulated the
same under SB 234
53 “Outdoor
Kitchen”
Definition
17.160.020.O.3 138 New outdoor kitchen definition Clarify applicability of outdoor kitchen standards 54 Front and Rear
Parcel Line
definition
17.160.020.P7&8 139
Adds that has the director has the authority to
determine and designate the front parcel line
based on existing conditions and function of
the lot.
Consistency 17.48.030.B
55 “Pergola”
Definition 17.160.020.P.16 139 New pergola definition Clarify difference between trellis, arbor, and pergola 56 “Residential Use”
Definition 17.160.020.R.6 141 New residential use definition Define term frequently used in code 57 “Roof deck” 17.160.020.R.9 141 New roof deck definition Clarify applicability of roof deck standards 58 “Tasting Room”
Definition 17.160.020.T.2 142 New tasting room definition Define term added to code 59 “Trellis”
Definition 17.160.020.T.4 142
Adds that a trellis may be freestanding or
attached to a building wall or other structure. Clarify applicability of trellis standards 262
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Summary of Ten Zoning Code Amendments
Discussion Topics
Second Story Decks and Balconies
Section 17.16.030.B.10 contains standards for second story decks and balconies in the R-1 zoning district. Under these proposed standards, second story decks and balconies in the R-1 zoning district:
• May not face an interior side parcel line abutting a single-family dwelling; • Must be setback back 25 percent of the lot depth from the rear property line, 20 feet from the front property line, 15 percent of the lot width from the interior side property line, and 10 feet from the street side property line; and
• May not project further than 6 feet from the exterior building wall to which it is attached.
These proposed standards reflect prior Planning Commission input on second story decks and balconies. Staff requests and further Planning Commission feedback on these standards.
Roof Decks
The proposed amendments add a new roof deck definition to Chapter 17.160 that defines a roof deck as “a walkable exterior floor system located above and supported by the roof of a building.” As drafted, a roof deck would be prohibited in the R-1 district. In zoning districts that allow multifamily and mixed-use residential development (RM, MU-V, MU-N, CC, CR), roof decks would be allowed on parcels that do not abut the R-1 district. Section 17.16.030.C4.b contains standards that apply to all roof decks where permitted, including a minimum 5-foot setback from the building wall closest to the property line, an allowance for railings to project above the maximum building height, and limitations on structures within a roof deck. Staff requests Planning Commission feedback on roof deck standards and locations (e.g., within the Village).
Large Retail Uses
“Retail” is an allowed land use category defined in Chapter 17.160 as “stores and shops selling merchandise to the general public. Includes drug stores, general merchandise stores, convenience shops, pet stores, department stores, grocery stores and other similar retail establishments.” Proposed amendments add grocery store to the definition as an example of a retail land use.
As found in Table 17.24-1, a retail establishment is a Permitted Use that does not require a Minor Use Permit or Conditional Use Permit. Proposed amendments to table 17.24-1 add a Conditional Use Permit requirement for retail uses 20,000 square feet or more to allow for Planning Commission review and public input on proposed large retail uses, such as grocery stores, that may generate adverse impacts on adjacent properties and the surrounding neighborhood.
Cannabis Retail Signs
Section 17.24.020.D.1.b.iv contains sign standards for cannabis retail establishments. The existing standards are more restrictive for cannabis with a limit of one size per business location 263
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of up to fifteen square feet or one square foot per linear frontage of business which ever is less.
Also, content is limited to the name of business and one green cross, no additional references to cannabis through symbols or language, and limit illumination to operating hours. Staff has received a request from the Apothecarium to modify the standards for cannabis to remove the single sign limit and the 15 feet sign area to allow increased visibility. Ultimately, the cannabis retailer would prefer to be subject to the sign limitation of the sign code within Chapter 17.132.
Pergolas
The proposed amendments clarify definitions and standards for pergolas, trellises, and arbors.
Chapter 17.160 includes the following definitions:
• “Pergola” means an unenclosed structure with vertical posts or pillars that supports cross beams and/or an open lattice. A pergola may be freestanding or attached to a building.
• “Arbor” means a freestanding unenclosed structure with vertical latticework on two sides for climbing plants and cross beams or lattice forming a covering connecting the sides.
The space between the vertical latticework may be open or contain a bench for sitting. • “Trellis” means a structure made from an open framework or lattice of interwoven or intersecting pieces of wood, bamboo or metal made to support and display climbing plants. A trellis may be freestanding or attached to a building wall or other structure.
Amendments to Table 17.48-2 specify that a pergola attached to a building wall may project 5 feet into the front setback area and 4 feet into the exterior side setback area. Previously, there was no allowance for an attached pergola. Amendments to Table 17.48-3 replace the term trellis with pergola but keep the existing standards for allowances within setbacks.
Accessory Dwelling Units
The proposed amendments include a number of changes to standards for accessory dwelling units in Chapter 17.74 consistent with new state law (SB 897 and AB 2221) that will go into effect January 1, 2023. Section 17.74.030.A updates the permitting process to require approval or denial of a permit within 60 days. New Sections 17.74.030.G and H address correction of violations and unpermitted accessory dwelling units. Edits to Section 17.74.040.D clarify that establishing an ADU does not require placing existing overhead utility lines underground.
Section 17.74.040.E adds fires sprinkler exceptions for establishing an ADU within an existing structure. Edits to Section 17.74.050.A allows, as a class of ADU subject to limited standards, second floor expansions of up to 150 square feet to accommodate an internal ADU. Edits to Section 17.74.050.B also allow as an ADU subject to limited standards the conversion of an existing accessory structure less than 800 square feet. Both changes exceed minimum state requirements to encourage internal ADUs and new detached ADUs created by converting existing accessory structures. Also, the height limits for an attached ADU to a single-family home and for detached ADUs on multifamily parcels were increased to 25 feet and 18 feet respectively, to be in compliance with state law.
Parking in R-1 Front Setback Area
Section 17.76.040.B.1 contains standards limiting parking in the required front and exterior side setback area in the R-1 zoning district. Currently, parking spaces in these setback areas are limited a maximum of 40 percent of lot width up to maximum of 20 feet, except that all lots may 264
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have a parking space of up to 14 feet in width regardless of lot width. The Planning Commission may allow a larger parking area within the setback areas with a design permit if the larger parking area incorporates design features, such as impervious materials and enhanced landscaping, which minimize visual impacts to the neighborhood.
The proposed amendments change this existing standard to work better for typical R-1 lot widths (40 feet) and standard parking space dimensions. The proposed new standard allows, regardless of lot width, a width of 10 feet for a single space or 18 feet for two side-by-side spaces. If two spaces are provided, the spaces must be a “ribbon” or “Hollywood” design with two parallel strips of permeable pavement for each space. The maximum driveway apron width at the curb is limited to 14 feet to help preserve existing on-street parking.
Electric Vehicle Charging Stations
Standards for electric vehicle charging stations are found in 17.76.040.F (Electric Vehicle Charging Stations). Existing standards require electric vehicle charging stations for new structures or uses required to provide at least 25 parking spaces and additions or remodels that increase an existing parking lot of 50 or more space by ten percent or more. If charging stations are required, one charging station must be provided in parking lots with 25 to 49 parking spaces, with one additional charging station required for each increment of 50 additional parking spaces.
The proposed amendments replace the required number of charging stations with language requiring charging stations in accordance with the California Green Building Standards Code (CALGreen). Existing standards in 17.76.040.F are inconsistent with current state requirements, and state requirements are likely to further evolve as the state further promotes use of electric vehicles. CALGreen currently requires “EV capable” status for all new single-family residential, 10 percent of new multifamily dwellings, and all commercials/mixed use based on the total number of parking spaces. Attachment 3 is a guide for electric vehicle infrastructure requirements in CALGreen Building Code which was produced by the City of Sacramento.
A major difference between Capitola’s existing standard and CalGreen requirements is that CALGreen has different thresholds for when EV is required and has different EV compliance levels. CALGreen requires developments to be “EV Capable” whereas Capitola’s code holds developers to a higher standard to install the electric vehicle chargers. An alternative approach to the proposed amendment is to establish in the zoning code the specific number of required charging stations and periodically amend the zoning code so that the number of required stations remains equal to or greater than the number required by state law.
The proposed amendments also include new standards that prohibit digital screens that display advertisements and limit the size of digital screens used to operate equipment to 2 square feet.
These standards are proposed in response to recent inquiries and industry trends that incorporate large digital advertisement displays into electric vehicle charging stations.
The proposed amendments require screening for electric vehicle charging stations on lots with six or more spaces in line with existing parking lot screening requirements. Staff requests Planning Commission feedback on this screening requirement given the need for drivers to easily locate charging stations.
State law requires cities and counties to approve electric vehicle charging stations ministerially with a building permit. The proposed amendments require the City to review and act on electric vehicle charging station applications as provided in Government Code Section 65850.7 and 65850.71. An alternative approach is to codify a specific application review process as other 265
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jurisdictions have done. Staff recommends referencing the Government Code sections rather than codifying a specific process to avoid future code amendments if state law changes.
Generators
Section 17.96.190 (Generators) contains new standards for home generators that provide backup electricity in case of a power outage. These standards prohibit generators in required front and side setbacks and allow generators to project a maximum of 5 feet into a rear setback if necessary to locate the generator behind the rear wall of the home. The standards also limit generator testing hours to 8 a.m. to 8 p.m. and prohibit using freestanding generators to supply service to recreational vehicles or trailers. These standards are intended to allow for the use and testing of home generators in a manner that minimizes impacts on adjacent neighbors.
Minor Modifications
A minor modification is a type of approval that allows for small deviations from specific development standards, including dimensions and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; minimum and maximum setbacks form property lines; and other similar dimensional standards as determined by the community development director.
As stated in Section 17.136,010, the purpose of the minor modification is to accommodate projects which meet the needs of property owners and do not negatively impact neighboring properties or the community at large. A minor modification allows up to a ten percent deviation to a physical dimensional standard (e.g., setbacks). A deviation to a dimensional standard greater than ten percent, or an adjustment to any other type of standard, requires a variance.
Currently, all minor modifications require Planning Commission review and approval. The proposed amendment would allow for community development director action on minor modification applications if the application is not filed for concurrent review with an application for discretionary review by the Planning Commission or City Council. If a project requesting a minor modification also requires Planning Commission review for another type of permit (e.g., Design Permit), the Planning Commission would also take action on the minor modification.
Staff recently received an inquiry on an application for small additions to single-family homes in which a minor modification was required to allow a deviation for the existing garage dimensions.
The application could have been approved administratively except that a minor modification is required for the parking dimension. Allowing the Community Development Director to approve minor modifications to administrative applications would benefit residents in terms of process and costs.
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Capitola Planning Commission
Agenda Report
Meeting: October 20, 2022
From: Community Development Department
Subject: Monarch Cove Inn
Project Number: #21-0267
Location: 620 El Salto Drive, Parcel Numbers 036-143-31, 036-142-27, and 036-142-28 Project Description: Proposed amendments to the Zoning Code, Zoning Map, and General Plan Land Use Map to change the Monarch Cove Inn property from a Visitor Serving base zone to R-1 Single-Family Residential base zone with a Visitor Serving overlay zone. The proposal involves development within the Coastal Zone and is not effective unless certified by the California Coastal Commission.
Environmental Determination: Categorically Exempt under Section 15061(b)(3) Background: In 2020, the City of Capitola adopted a comprehensive Zoning Code update that applied to the subject Monarch Cove Inn properties within the coastal zone. In April 2021, the Coastal Commission certified the Zoning Code resulting in the updated code applying throughout the city, including in the coastal zone but specifically excluded all sections relating to the Monarch Cove Inn properties.
At the April 15, 2021, Coastal Commission meeting, the Coastal Commission staff did not recommend support for the proposed policy changes to the Monarch Cove Inn property. The Monarch Cove Inn subtopic generated extended and specific discussion. During discussion, several Coastal Commissioners were receptive to the request to change the zoning, and no Commissioners declared opposition. The Coastal staff maintained their position and noted loss of Visitor Serving resources, iconic views, and lack of replacement resources as justification for maintaining the property as Visitor Serving. Ultimately, discussion concluded in advising the Monarch Cove Inn owner and the City of Capitola to bring the proposal back before the Coastal Commission as a separate item for consideration.
Link to April 15, 2021, Coastal Commission meeting (Item 11.c.):
https://cal-span.org/meeting/ccc_20210415/
Following the Coastal Commission meeting, Coastal staff further advised that the city should contract with a third-party consultant to assess the Monarch Cove Inn’s profitability and real estate value. The Inn’s owner had stated during the April 15, 2021, Coastal Commission meeting that they were operating at a sustained loss and had tried unsuccessfully in the past to reposition, upgrade and expand the property to reestablish financially stability. Permit history shows that the owner made major development proposals in 2001 and 2014 to add buildings, guest rooms, guest facilities, and amenities in effort to upgrade and modernize the property. Both proposals were met with significant opposition by the surrounding neighborhood and the 2014 project was ultimately withdrawn. The city has contracted with Kosmont Companies to prepare a Feasibility Study and Broker Assessment of Value to evaluate the owner’s statements regarding profitability and financial positioning (Attachments #3 and #4).
Discussion: The city’s Planning Commission and City Council previously supported the proposed Zoning Code text, Zoning Map, and General Plan Map amendments in 2021. The owner has stated a need to transition the property to R-1 (single-family) to eventually close the Monarch Cove Inn and return the 187
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property to a single-family use in their retirement and for flexibility in estate management. The property is not currently permitted to be used as an R-1 use, due to the base zone being Visitor Serving. The proposed change to R-1 with a Visitor Serving overlay would allow the owner to close the existing Monarch Cove Inn on their own timeline and maintains the possibility that the estate or a future owner could reestablish a permitted Visitor Serving use.
Property Overview
The 620 El Salto Drive property is located at the end of a narrow private road. It was developed as a single-family estate in the late 1890’s with the construction of an approximate 4,000 square foot main house. The property had been operated over the years as an inn, bed and breakfast, and family compound but formally became a visitor serving facility called the Monarch Cove Inn in 1991. The property has 11 guest rooms within three structures but performs better financially as a venue for outdoor weddings and special events.
The property is surrounded by single family residences and is located at the dead end of a residential street. Over the years, neighborhood density increased, and the property became increasingly less compatible with the quiet neighborhood around it. Due to adjacent neighbor complaints about noise and parking on city streets, the property now operates under a Conditional Use Permit (CUP) since 2001.
The CUP restricts special events to no more than two per week and six per month. Events during the week (M-F) are limited to 40 people, during weekends they are limited to 75 people and all events must end by 6 P.M., which negatively impacts revenue from weddings substantially.
In 2014, the owner applied to the city for an expansion of the facility into a 41-room hotel complex that would retain the historic Victorian Inn, demolish and replace the two cottages, replace the garage area with a subterranean garage for 56 cars, meeting rooms and kitchen facilities. The owner had incurred a significant soft cost investment in progressing the project to a point that a full Environmental Impact Report was prepared, but the project application was ultimately withdrawn by the owner due to substantial community opposition.
Feasibility Study
Kosmont’s analysis of the Monarch Cove Inn property concludes that the hospitality operations currently yield an inadequate return on investment of less than 4% annually and do not justify continued operations as a hospitality venue. In consideration of the long-term capital investment required, continued hotel use of the property is not financially feasible.
The report concludes that in combination with current resident sentiment being generally opposed to expansion of hospitality uses, no financially feasible or impactful upgrades to the property can be expected to be approved by the city.
Broker Opinion of Value
The Broker Opinion of Value considers the property’s zoning, allowable uses, current market conditions, and other relevant information to evaluate the range of fair market value of the property.
For the hotel use, Kosmont estimated stabilized long term net operating income and used market cap rates to estimate the “As Is” value of continued hotel operations. This analysis does not include mortgage interest or other financing costs. The value of the property as a hotel use is $3.1 million.
For the residential use, Kosmont compiled per acre land sale comp data and made adjustments as appropriate given the Property’s allowable density and location to estimate the value of the Property for residential redevelopment and as a single-family residence, which was its original use. The average value for those two residential scenarios is $4.25 million ($3.9 million and $4.6 million). 188
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Proposed General Plan and Zoning Map Amendments
The only necessary General Plan and Zoning Map amendments are to change the Zoning Map and General Plan Land Use Map designations from Visitor Serving to R-1 Single Family Residential with a Visitor Serving Overlay (attachments #2 and #3).
Proposed Zoning Text Amendments
The proposed zoning text amendments include adding the Monarch Cove Inn property to Chapter 17.28 Visitor Serving Overlay Zone, deleting Chapter 17.30, which only applies to the Monarch Cove Inn Visitor Serving District, and minor edits to Chapter 17.72 Landscaping where Visitor Serving properties are referenced. The proposed text in Chapter 17.28 Visitor Serving Overlay Zone is the same text that was proposed for Coastal Commission certification on April 15, 2021. During the 2021 updated, the land use table (Table 17.21-1), was updated to add single-family dwelling as a Conditional Use on the Monarch Cove property subject to the requirements of notes 3 and 12, as follows:
[3] Single-family dwellings shall comply with development standards in the single-family residential (R-1) zoning district.
[12] Allowed in conjunction with overnight accommodation use (at least one on property) or grant of public access to a viewpoint.
Staff is not suggesting additional changes to the previously supported notes at this time. However, the Planning Commission may recommend additional revisions to the City Council.
CEQA: The Zoning Code and General Plan Land Use Map Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15061(b)(3), the commonsense exception that CEQA applies only to projects which have the potential for causing a significant effect on the environment and 15183, projects consistent with a community plan, general plan or zoning.
Recommendation: Accept presentation on the Zoning Code, Zoning Map, and General Plan Map Amendments and consider forwarding a positive recommendation to the City Council.
Next Steps: The Planning Commission’s recommendation will be forwarded to the City Council for consideration. If the City Council adopts some or all the proposed amendments, the City of Capitola and the owner will jointly file an application for Coastal Commission review of the amendments.
Attachments:
1. Proposed Zoning Code Amendments in underline and strikeout format
2. Proposed Zoning Map Amendment
3. Proposed General Plan Land Use Map Amendment
4. Feasibility Analysis, August 29, 2022 – Prepared by Kosmont Companies
5. Broker Opinion of Value, August 29, 2022 – Prepared by Kosmont Companies Report prepared by: Brian Froelich, Senior Planner
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Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE