Agenda packet — Capitola City Council, November 10, 2022 (part 1 of 3)

City of Capitola
City Council Meeting Agenda
Thursday, November 10, 2022 – 7:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Brown Closed Session – 5:30 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.

A. Conference with Labor Negotiators
(Gov’t Code § 54957.6)
Negotiator: Chloé Woodmansee, Assistant to the City Manager Employee Organization: Police Officers Association
B. Public Employee Performance Evaluation
(Gov’t Code §54957(b))
City Attorney Performance Evaluation
_____________________________________________________
Regular Meeting of the Capitola City Council – 7 PM
All correspondences received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

1. Roll Call and Pledge of Allegiance
Council Members Jacques Bertrand, Yvette Brooks, Kristen Brown, Margaux Keiser, and Mayor Sam Storey.

2. Additions and Deletions to the Agenda

3. Report on Closed Session

4. Additional Materials
Additional information submitted to the City after distribution of the agenda packet.

5. Oral Communications by Members of the Public
Please review the Notice of Remote Access for instructions. Oral Communications allows time for members of the Public to address the City Council on any “Consent Item” on tonight’s agenda, or on any topic within the jurisdiction of the City that is not on the “General Government/Public Hearings” 1 City Council Meeting Agenda – November 10, 2022
City of Capitola Page 2
section of the Agenda. Members of the public may speak for up to three minutes, unless otherwise specified by the Mayor. Individuals may not speak more than once during Oral Communications. All speakers must address the entire legislative body and will not be permitted to engage in dialogue. A maximum of 30 minutes is set aside for Oral Communications.

6. Staff / City Council Comments
Comments are limited to three minutes.

7. Consent Items
All items listed as “Consent Items” will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time the Council votes on the action unless members of the City Council request specific items to be discussed for separate review. Items pulled for separate discussion will be considered following General Government. Note that all Ordinances which appear on the public agenda shall be determined to have been read by title and further reading waived.

A. Consider the minutes from the October 27, 2022, regular City Council meeting Recommended Action: Approve minutes.

B. Lifeguard Job Descriptions
Recommended Action: Approve changes to the Beach Lifeguard/Junior Lifeguard Instructor and Lifeguard Lieutenant/Junior Guard Assistant Coordinator job descriptions.

C. Update Hourly and Seasonal Salary Schedule
Recommended Action: Adopt the proposed resolution amending the hourly and seasonal Pay Schedule.

D. Consider Adopting Proposed Resolution Allowing for the Continuation of Teleconferencing Recommended Action: 1) Make the determination that all hazards related to the worldwide spread of the coronavirus (COVID-19) as detailed in Resolution No. 4168 adopted by the City Council on March 12, 2020, still exist and there is a need to continue action; and 2) Adopt the proposed resolution authorizing the City Council (along with the Planning Commission and all advisory bodies) to continue to conduct teleconferencing meetings.

8. General Government / Public Hearings
All items listed in “General Government / Public Hearings” are intended to provide an opportunity for public discussion of each item listed. The following procedure pertains to each General Government item: 1) Staff explanation; 2) Council questions; 3) Public comment; 4) Council deliberation; 5) Decision.

A. Consider Request to Fly the “Christian Flag” during the month of December, the month of Easter, and on May 1st, the National Day of Prayer, in Accordance with Policy V-18: Outdoor Display of Governmental and Non-Governmental Flags on City Property Recommended Action: Deny request.

B. Consider a Cannabis Delivery Ordinance Amendment
Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Sections 5.36 and 9.61 allowing cannabis deliveries within the City of Capitola from any authorized licensed retailers physically located within Santa Cruz County.

C. Introduce an Ordinance Amending Chapter 15.04 of the Capitola Municipal Code Pertaining to Building and Fire Code
2 City Council Meeting Agenda – November 10, 2022
City of Capitola Page 3
Recommended Action: Introduce for first reading, by title only, waiving further reading of the text, a proposed ordinance amending Municipal Code Chapter 15.04, pertaining to building and fire codes.

D. 2022 Zoning Code Amendments
Recommended Action: 1) Introduce for first reading, by title only, waiving further reading of the text, an ordinance amending Title 17: Zoning of Capitola Municipal Code, amending the Capitola General Plan land use map, and amending the Capitola Zoning Map, and 2) Adopt the proposed resolution amending the General Plan Land Use Map.

E. Consider a Permanent Local Housing Allocation Resolution Recommended Action: Adopt proposed resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program Application with 5-year plan, the PLHA Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant award.

9. Adjournment
_____________________________________________________
Notice of In-Person & Remote Access
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010 Other ways to Watch:
 Spectrum Cable Television channel 8
 City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:
 Meeting link:
https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09  Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799  Meeting ID: 833 2817 3113
 Meeting Passcode: 678550
To make a remote public comment:
 Via Zoom Application: Use participant option to “raise hand”. The moderator will unmute you  Via Zoom phone call: Dial *9 on your phone to “raise your hand”. The moderator will unmute you Note: Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that court action within ninety (90) days following the date on which the decision becomes final as provided in Code of Civil Procedure §1094.6. Please refer to code of Civil Procedure §1094.6 to determine how to calculate when a decision becomes “final.” Please be advised that in most instances the decision become “final” upon the City Council’s announcement of its decision at the completion of the public hearing. Failure to comply with this 90-day rule will preclude any person from challenging the City Council decision in court.

Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 7:00 p.m. (or in no event earlier than 6:00 p.m.), in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola. 3 City Council Meeting Agenda – November 10, 2022
City of Capitola Page 4
Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website: www.cityofcapitola.org and at Capitola City Hall prior to the meeting. Agendas are also available at the Capitola Post Office located at 826 Bay Avenue Capitola. Need more information? Contact the City Clerk’s office at 831-475-7300.

Agenda Materials Distributed after Distribution of the Agenda Packet: Pursuant to Government Code §54957.5, materials related to an agenda item submitted after distribution of the agenda packet are available for public inspection at the Reception Office at City Hall, 420 Capitola Avenue, Capitola, California, during normal business hours.

Americans with Disabilities Act: Disability-related aids or services are available to enable persons with a disability to participate in this meeting consistent with the Federal Americans with Disabilities Act of 1990. Assisted listening devices are available for individuals with hearing impairments at the meeting in the City Council Chambers. Should you require special accommodations to participate in the meeting due to a disability, please contact the City Clerk’s office at least 24 hours in advance of the meeting at 831-475-7300. In an effort to accommodate individuals with environmental sensitivities, attendees are requested to refrain from wearing perfumes and other scented products.

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: City Manager Department
Subject: Consider the minutes from the October 27, 2022, regular City Council meeting
Recommended Action: Approve minutes.

Discussion: Attached for Council review and approval are the draft minutes from the regular City Council meeting on October 27, 2022.

Attachments:

1. October 27 draft
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed/Approved By: Jamie Goldstein, City Manager
5 Item 7 A.

City of Capitola
City Council Meeting Minutes
Thursday, October 27, 2022 – 7:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Brown Regular Meeting of the Capitola City Council – 7 PM

1. Roll Call and Pledge of Allegiance
Council Members Jacques Bertrand, Yvette Brooks, Kristen Brown, Margaux Keiser, and Mayor Sam Storey.

2. Additions and Deletions to the Agenda – none

3. Presentations
A. Mayor for a Day Essay Contest: Middle School Division Winner Recognition Recreation Division Manager Bryant-LeBlond introduced Middle School student Sydney Swanson, who read her winning essay.

B. Introduction of new Customer Service/Office Coordinator Liliana Carrisoza Assistant to the City Manager Woodmansee introduced Liliana, who was welcomed by the Mayor and Council.

4. Additional Materials
A. Item 8.A – three emailed public comments

5. Oral Communications by Members of the Public – none

6. Staff / City Council Comments
Chief Dally discussed a recent incident at Santa Cruz Highschool. There was an active shooter threat that eventually was revealed to be a hoax. Chief Dally commended Capitola Police and all partner agencies for their immediate and thorough response to what was believed to be an active shooting situation, and said that the teams would be debriefing on how to improve response in the event of a threat.

Council Member Brown commented that the new holiday lights in Capitola Village are lovely. Mayor Storey agreed and thanked the BIA.

7. Consent Items
A. Consider the minutes from the October 13, 2022, regular City Council meeting Recommended Action: Approve minutes.

B. Development Services Technician Job Description
Recommended Action: Approve changes to the Development Services Technician job description.
6 Item 7 A.

City Council Meeting Minutes – October 27, 2022
City of Capitola Page 2
C. Consider Staffing Changes in the City Manager and Police Departments Recommended Action: Approve proposed staffing changes and increase the Human Resources Analyst position to full-time, effective October 30, 2022.

Motion: Approve Items 7.A, 7.B, 7.C, and 7.D as recommended Result: Passed, 5:0 (Unanimous)
Mover: Council Member Brown
Seconder: Council Member Brooks
Yea: Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown and Mayor Sam Storey

8. General Government / Public Hearings
A. Conceptual Review for 1) Future annexation of 1610 Bulb Avenue into Capitola City limit; and 2) Community Benefit Application for Senior Living facility at 3720 Capitola Road and 1610 Bulb Avenue in the Community Commercial Zoning District
Staff Recommendation: Continue the 3720 Capitola Road and 1610 Bulb Avenue conceptual review application to a date uncertain.

Motion: Continue item to a date uncertain
Result: Passed, 5:0 (Unanimous)
Mover: Council Member Bertrand
Seconder: Council Member Brooks
Yea: Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown and Mayor Sam Storey
B. Permanent Local Housing Allocation Grant
Recommended Action: Accept staff presentation on the 5-year plan for Permanent Local Housing Allocation (PLHA) Funds and provide direction on the proposed allocation of funds.

Community Development Director Herlihy presented a staff report.

Council Member Brooks confirmed that PLHA money is restricted and that the funds do roll over year-to-year, however only during the five-year period. She then asked about the use of PLHA versus Redevelopment Agency (RDA) funds towards fighting homelessness. City Manager Goldstein highlighted that the RDA money must be used within a stricter time frame.

Vice-Mayor Keiser confirmed that the Housing for Health Partnership is a countywide program.

Mayor Storey asked about assisting mobile home park residents in buying out their parks.

Result: direction given
C. Donations Report Full Year 2021-22
Recommended Action: Receive the Annual Donations and Contributions Report.

Finance Director Malberg presented a staff report highlighting donations and grants that the City received in fiscal year 2021-22.
7 Item 7 A.

City Council Meeting Minutes – October 27, 2022
City of Capitola Page 3
Mayor Storey asked if the City acknowledges individuals that donate. Director Malberg confirmed that museum donations are acknowledged by the Museum Curator.

Council Member Bertrand asked about the Monte Foundation Fireworks show. City Manager Goldstein explained that the Monte Foundation raises money and then donates significantly to the City; explaining that the event itself is not a City fundraiser.

Result: presentation received

9. Adjournment
The meeting adjourned at 7:44PM to the next regular City Council meeting on November 10, 2022. ____________________________
ATTEST: Sam Storey, Mayor
____________________________
Chloé Woodmansee, City Clerk
8 Item 7 A.

Capitola City Council
Agenda Report
Meeting: October 27, 2022
From: City Manager Department
Subject: Lifeguard Job Descriptions
Recommended Action: Approve changes to the Beach Lifeguard/Junior Lifeguard Instructor and Lifeguard Lieutenant/Junior Guard Assistant Coordinator job descriptions.

Background: The City hires seasonal employees to staff various summer programs, including lifeguards to monitor Capitola Beach and provide Junior Guard program instruction. Previously, the City contracted with the City of Santa Cruz for tower lifeguard services. The Beach Lifeguard/Junior Lifeguard Instructor job description was last updated and approved by City Council on March 25, 2021, and the Beach Lifeguard Lieutenant/Junior Lifeguard Coordinator job descriptions was last updated and approved in 2019.

Discussion: Staff recommends slight updates to both job descriptions, to emphasize the Open Water Lifeguard duties in addition to the Junior Guard program. As part of the development of the Beach Lifeguard Services program, staff will apply to be a United States Lifesaving Association (USLA) Certified Lifeguard Agency. To do so, City job descriptions need to comply with USLA standards.

Fiscal Impact: None.

Attachments:

1. Beach Lifeguard/Junior Lifeguard Instructor job description redlined version

2. Lifeguard Lieutenant/Junior Guard Assistant Coordinator job description redlined version Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Nikki Bryant LeBlond, Recreation Division Manager; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
9 Item 7 B.

Beach Lifeguard/Junior Lifeguard Instructor
(part-time/seasonal)
DUTIES
Under supervision, of the Lifeguard Captain, and Junior Lifeguard Coordinator, Beach Lifeguard/Junior Lifeguard Instructors are responsible for the safety of the beach and water within their jurisdiction, as well as areas adjacent to it. Employees assigned to lifeguard coverage will provide continual surveillance to the ocean-going community, other beach patrons, and any other hazards. He or she should be comfortable working individually or as part of a team.

Employees assigned to Junior Guard program will implement and supervise public safety, the Junior Lifeguard program, events, and competitions, including sports, fitness, and swimming activities. The Lifeguard/Instructor is responsible for the safety of the beach and water within their jurisdiction, as well as areas adjacent to it. Instructors will conduct a group of children, ages 6- 17, in his or her care on the beach and in the water. He or she should be comfortable working individually or as part of a team. Employees assigned to lifeguard coverage will provide continual surveillance to the ocean going community, of swimmer and other beach patrons, and any other hazards. patrons from a tower within as assigned beach area.

REQUIRED QUALIFICATIONS
• Must be 17 years of age by July 1 of the applying year or age 16 for Capitola Junior Guards who have received rank of Captain and recommended for hire by Lifeguard Lieutenant/ Junior Guard Assistant Coordinator.
• Ability to obtain CPR Certification (Pro or healthcare provider). • Physical ability and stamina to perform the duties of an open water lifeguard. • The ability to meet and maintain a 500-meter ocean swim time of under 10 minutes. • Vision 20-40 corrected.
• Criminal history and fingerprint check.
• Successful completion of Lifeguard training program after initial hiring process is completed. Successful completion and maintenance of required medical training certificates.
• Meet the minimum requirements for a USLA open water lifeguard. • All employees must comply with the City of Capitola COVID-19 Vaccination Policy • Proof of negative tuberculosis test or clear chest X-ray must be presented within 14 days of hire - No exceptions.

ABILITIES
10 Item 7 B.
• Swim in adverse weather conditions for extended periods of time. • Adopt effective course of action in an emergency situation. • Maintain constant observation of an assigned area for hazardous conditions and take appropriate action to prevent protect the public from interacting with those hazards. • Interact in a professional and courteous manner with the public and other emergency service employees.

DESIRABLE QUALIFICATIONS
• Possession of a USLA Open Water Lifeguard Training Certificate or written verification from last USLA employer.
• First Aid for Public Safety Personnel (Title 22) Certification. • Advanced First Aid, First Responder, EMT, or Paramedic Certification. • Participation in a Junior Lifeguard program.
• Training or experience in working with children and with special needs. • Red Cross Lifeguard Training, Water Safety Instructor or other aquatics training. • Experience working as a lifeguard, particularly on the beach. • A safe driving record as determined by the City’s Personnel Department.

SCHEDULE
The Beach Lifeguard/Junior Lifeguard Instructor is a Part-Time/Seasonal position from Memorial Day June to Labor Day, not to exceed 960 hours in a calendar year. Candidates for the Beach Lifeguard/Junior Lifeguard Instructor must be available for employment for the summer months (Memorial Day June through Labor Day).

SELECTION PROCESS
Applicants are required to submit a City application in addition to resume and any relevant documents. Applicants with corrective lens restrictions must provide a physician’s note, dated within 30 days, to verify current vision. Those candidates who most closely meet the requirements of the position will be invited for a swim test and oral interview. Successful candidates must attend mandatory training scheduled in June.

TEST
Candidates must complete 200 meter run - 500 meter swim in the ocean in 10 minutes.

Wetsuits are permitted, no swim fins.
11 Item 7 B.

Lifeguard Lieutenant /Junior Guard Assistant Coordinator (Seasonal/Part-Time)
DUTIES
Under the supervision of the Recreation Division ManagerSupervisor, the JG Coordinator, and the Lifeguard Captain, the Capitola Junior Lifeguard Lieutenant/ Junior Guard (JG) Assistant Coordinator will assist in the supervision of the beach, and managing planning of daily activities and the Junior Guard operation as well asthe Junior Lifeguard Staff and/or the incidents of Tower Lifeguard personnel program.

The Lifeguard Lieutenant/JG Assistant Coordinator duties may include:
• In collaboration with Central Fire Protection District, provide leadership during training for Beach Lifeguard /Junior GLifeguard Instructor/Beach Lifeguard Staff • Assists with program equipment and supplies and communicates any ordering needs for the program.
• Work with Beach Lifeguards/JG Instructors to plan, organize and implement activities; coordinating daily use of the beach; developing a weekly calendar; handling issues as they arise; completing all required paperwork.
• Informs all JG staff of safety hazards and ocean conditions and is proactive in preventing rescue situations.
• Assist Tower Lifeguards, if necessary, in search and rescue operations. • Promotes workplace employee safety by adhering to established safety protocols and polices.
• Identifies and corrects problems whenever possible and acts through the chain of command if unable to remedy.
• Assumes supervision of the program in the Lifeguard Captain’s or JG Coordinator’s absence providing safety for the general public and/or Junior Guards.

The Lifeguard Lieutenant /JG Assistant Coordinator/Lifeguard will work closely with the Central Fire Protection District, Recreation Department administration, Santa Cruz Marine Safety Division, and all allied public safety agencies. The Lifeguard Lieutenant/JG Assistant Coordinator/Lifeguard must interact in a professional and courteous manner with the public and other emergency service employees.

REQUIRED QUALIFICATIONS
12 Item 7 B.
• Previous training under an USLA Open Water Lifeguard Certified Agencycate or written verification from last USLA employer.
• 18 years of age
• Must provide a copy of valid CPR Certification (Pro or healthcare provider). • Physical ability and stamina to perform the duties of an open water lifeguard • The ability to meet and maintain a 500m ocean swim time of under 10 minutes • Vision 20-30 corrected.
• Training or experience in working with children
• Criminal history and fingerprint check.
• Applicants must have at least one season as an instructor in a Junior Lifeguard programa Beach Lifeguard/JG Instructor.
• Successful completion of required lifeguard training program after initial hiring process is completed. Successful completion and maintenance of required medical training certificates.
• Meet or exceed the minimum requirements for a USLA open water lifeguard. • All employees must comply with the City of Capitola COVID-19 Vaccination Policy • Proof of negative tuberculosis test or clear chest X-ray must be presented within 14 days of hire - No exceptions.

ABILITIES
• Ability to effectively supervise the activities of the Beach Lifeguard.Junior GLifeguard Instructor/Beach Lifeguard Staff.
• Ability to effectively coach subordinate personnel.
• Willingness to maintain discipline, confront problems and take appropriate action with staff, public or participants.
• Ability to pursue an effective and prudent course of action in emergency situation. • Willingness to work weekends and varying irregular shifts. • Swim in adverse weather conditions for extended periods of time. • Interact in a professional and courteous manner with the public, JG Parents, and other emergency service personnel; both in person and over radio communication.employees.

DESIRABLE QUALIFICATIONS
• Work experience of 1,000 hours at a lifeguard agency which meets the standards of the USLA
• EMT or Paramedic certification
• First Aid for Public Safety Personnel (Title 22) Certification. • A safe driving record as determined by the City’s Personnel Department • Red Cross Lifeguard Training, Water Safety Instructor or other aquatics training • Experience in supervising staff and providing feedback 13 Item 7 B.

SCHEDULE
The Lifeguard Lieutenant/JG Assistant Coordinator is a Part-Time/Seasonal position from March-September, not to exceed 960 hours in a calendar year. Candidates for Lifeguard Lieutenant/JG Assistant Coordinator must be available for full-time employment (40 hours per week) from June through August.

TEST
Candidates must complete 200-meter run - 500 meter swim in the ocean in 10 minutes.

Wetsuits are permitted, no swim fins.
14 Item 7 B.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: City Manager Department
Subject: Update Hourly and Seasonal Salary Schedule
Recommended Action: Adopt the proposed resolution amending the hourly and seasonal Pay Schedule.

Background: The City of Capitola employs hourly and seasonal jobs to help provide services to the community. Most hourly and seasonal positions are within the Recreation Division, however other city departments use hourly and seasonal positions as well. Hourly and seasonal employees work either parttime or on a seasonal basis and are not considered regular employees; these employees are unrepresented by any Union and are not subject to any existing memorandum of understanding (MOUs).

For this reason, any wage increases are enacted by City Council action separate from the adoption of MOUs for other City bargaining groups.

Discussion: Council last adjusted the hourly and seasonal employees pay schedule in December 2021, to comply with State minimum wage requirements. At this time staff recommends increasing the pay schedule by 3% to help maintain competitiveness when recruiting to fill positions. There are no classifications being added to the schedule.

Fiscal Impact: The increase to the hourly and seasonal employee pay schedule was anticipated when preparing the Fiscal Year 2022-2023 budget and the adopted budget already accounts for this increase.

Attachments:

1. Proposed resolution
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Jim Malberg, Finance Director; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
15 Item 7 C.

RESOLUTION NO.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

AMENDING THE HOURLY/SEASONAL EMPLOYEE PAY SCHEDULES EFFECTIVE JANUARY 1, 2023
WHEREAS, the City Council sets the compensation rates for hourly and seasonal employment positions; and
WHEREAS, the City Council last amended the Seasonal/Hourly Pay Schedule (Pay Schedule, attached as Exhibit “A”) by Resolution No. 4242 on December 9, 2021. That amended Pay Schedule included changes to comply with California minimum wage requirements.

NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the City of Capitola approves as follows:

The Hourly/Seasonal Pay Schedule attached hereto as Exhibit “A,” is amended as shown in the Exhibit.

BE IT FURTHER RESOLVED that this Resolution becomes effective on January 1, 2023.

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Capitola on the 10th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________
Sam Storey, Mayor
ATTEST:
________________________________
Chloé Woodmansee, Interim City Clerk
16 Item 7 C.

EXHIBIT A
Updated November 10, 2022 (Minimum wage $15.50/hour)
POSITION 0 1 2 3
Intern $ 17.04 $ 17.89 $ 18.78 $ 19.72
Junior Lifeguard Instructor $ 19.06 $ 20.01 $ 21.01 $ 22.06 Junior Lifeguard Assistant Coordinator $ 22.06 $ 23.16 $ 24.32 $ 25.54 Junior Lifeguard Coordinator $ 25.54 $ 26.81 $ 28.15 $ 29.56 Recreation Leader I $ 16.22 $ 17.03 $ 17.89 $ 18.78
Recreation Leader II $ 19.72 $ 20.70 $ 21.74 $ 22.83
Recreation Program Assistant Coordinator $ 21.74 $ 22.83 $ 23.97 $ 25.17 Recreation Program Coordinator $ 23.97 $ 25.17 $ 26.42 $ 27.75 Recreation Facility Assistant $ 15.45 $ 16.22 $ 17.03 $ 17.89

POSITION
Retired Annuitant Officer Salary will be equivalent to the position for which the individual is working in as per the However, retired Capitola Police Officers who apply and are accepted as Annuitant Offic will be paid an hourly wage consistent with Step F of the Police Officer salary range.

Reserve Officer Level I Automatically adjusts to 20% below the Police Officer Pay Scale Reserve Officer Level II Automatically adjusts to 20% below the Level I Reserve Officer Pay Scale Seasonal Recreation Assistant Salary will be equivalent to the position of Recreation Assistant Part-Time Parking Enforcement Officer Salary will be equivalent to the position of Parking Enforcement Officer Art and Cultural Assistant Salary will be equivalent to the position of Administrative Assistant Police Records Technician Salary will be equivalent to the position of Police Records Technician 17 Item 7 C.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: City Manager Department
Subject: Consider Adopting Proposed Resolution Allowing for the Continuation of Teleconferencing
Recommended Action: 1) Make the determination that all hazards related to the worldwide spread of the coronavirus (COVID-19) as detailed in Resolution No. 4168 adopted by the City Council on March 12, 2020, still exist and there is a need to continue action; and 2) Adopt the proposed resolution authorizing the City Council (along with the Planning Commission and all advisory bodies) to continue to conduct teleconferencing meetings.

Background: In December 2019, an outbreak of a respiratory illness linked to the novel coronavirus (COVID-19) was first identified. In March 2020, the State of California, the County of Santa Cruz, and the City of Capitola each declared a state of emergency due to the virus. Also in March 2020, the World Health Organization declared COVID-19 a pandemic. State and local health officers issued health orders to stop the spread of COVID-19; in Santa Cruz County this included March, April, and May 2020 ShelterIn-Place orders that were more restrictive than statewide guidance. Since then, the County Health Officer has incorporated all Orders of the State Public Health Officer, which set baseline statewide restrictions on travel and business activities. Currently (and since February 2022), there are no State required COVID-19 restrictions, other than minimal masking requirements in certain settings. COVID-19 public safety economic restrictions were mostly removed in June 2021 when the state met the criteria to fully reopen the economy and moved beyond the Blueprint for a Safer Economy.

The Governor signed Assembly Bill 361 on September 16, 2021. The Bill allows cities to continue virtual meetings (much as Capitola City Council Meetings function now) as long as the state is under a proclaimed state of emergency; through 2024 when the bill will sunset. The Bill requires legislative bodies to comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate and observe local government meetings. One of the requirements is for Council to adopt findings every thirty days.

Attached is a resolution that makes the following findings:
1) Find that current conditions authorize teleconference public meetings, based on the Governor’s state of emergency regarding the COVID-19 Pandemic
2) Authorize legislative bodies to conduct teleconference meetings, allowing Capitola City Council, Planning Commission, and other advisory bodies to continue to meet using Zoom.

Council will need to adopt resolutions making findings required by AB361 if Hybrid Meetings (with Council Members attending remotely) continue.

Discussion: On Monday, October 17, Governor Newsom announced that the COVID-19 State of Emergency will officially end on February 28, 2023. Operating under AB 361 requires that the state be under a proclaimed state of emergency, meaning that teleconferencing meetings permissible with AB 361 will no longer be so beginning February 2023.

Governor Newsom signed Assembly Bill 2449 (AB 2449) in September, and the Bill goes into effect on January 1, 2023. This Bill amends the Brown Act to provide additional teleconference procedures which would allow Council Members (members of a legislative body) to participate remotely in public meetings, however this Bill is much more restrictive than AB 361. 18 Item 7 D.

For example, under AB 2449, Capitola Council Members could attend a Council meeting remotely if at least a quorum of Council Members are in-person at the Capitola City Council Chambers and Council also follows the following:

1. The Council must provide either a two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting to allow the public to remotely hear and visually observe the meeting, and remotely address the legislative body. (Zoom would likely fulfill this requirement.)

2. The agenda must identify and include an opportunity for all persons to attend via a call-in option, internet-based service option, and at the in-person location of the meeting. (Again, Zoom and the Council Chambers would likely fulfill this requirement.)

3. A member of the Council can only participate remotely if:

1. the member notifies the Council at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “just cause”; or

2. the member requests that the Council allow them to participate in the meeting remotely due to "emergency circumstances," and the Council approves the request. The Council must request a general description (generally not exceeding 20 words) of the circumstances relating to the member’s need to appear remotely at the given meeting.

4. “Just cause” is defined as (i) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (ii) a contagious illness that prevents a member from attending in person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body or another state or local agency.

5. Members of the Council are prohibited from using AB 2449 to participate in remote meetings for more than three consecutive months or for 20% of the regular meetings in a calendar year.

6. Members of the Council participating remotely must participate using both audio and visual technology (Zoom) and must publicly disclose whether any individual over the age of 18 is present at the remote location.

7. A meeting must be paused when there is any teleconference disruption for the public and no action can be taken if a disruption event prevents the Council from broadcasting the meeting. (This requirement is currently in place for remote or hybrid meetings.)

8. Real-time public comments must be allowed during the meeting.

9. The Council must implement procedures for resolving requests for reasonable accommodations for individuals with disabilities. (This requirement is currently in place for remote or hybrid meetings.)
Council may only conduct hybrid meetings under the current AB 361 rules until February 28, 2023. At that time, the new rules outlined above will take effect. Alternatively, after February 28, 2023, the Council could revert to the standard Brown Act procedures for teleconferencing, which require the City to post the address from which each teleconferencing member will be appearing on the agenda.

Staff is currently working to implement upgraded technology to allow for a smoother “hybrid” option so that members of the public may attend Council meetings either in-person or remotely. The rules outlined above pertain to members of the Council and their ability to participate remotely, and do not apply to the public.

Fiscal Impact: At Council direction, the City has maintained $385,000 in a resiliency fund to help ensure the City has available resources should the pandemic result in further unforeseen impacts, which remains in the approved FY 2022-23 Budget.

Attachments:

1. Proposed Teleconferencing resolution
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
19 Item 7 D.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AND ON BEHALF

OF COMMISSIONS AND COMMITTEES CREATED BY THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b) AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY

PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
WHEREAS, the City Council is committed to ensuring public access to observe and participate in local government meetings; and
WHEREAS, all meetings of the City Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph M. Brown Act, so that any member of the public may participate in local government meetings; and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-proclaimed state of emergency and if the local legislative body determines, by majority vote, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and that State of Emergency is still in effect in the State of California; and WHEREAS, on March 12, 2020, the Capitola City Council proclaimed the existence of a local emergency due to the worldwide spread of the coronavirus with Resolution No. 4168, pursuant to Section 8.08.020 of the Capitola Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic; and WHEREAS, COVID-19 continues to threaten the health and lives of City residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) is highly transmissible in indoor settings; and
WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are rising throughout the state; and
WHEREAS, the Delta Variant has caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the City; and WHEREAS, on October 14, November 23, and December 9, 2021, January 13, February 10, and February 27, March 10, March 24, April 14, April 28, May 12 and May 26, June 9, June 23, and July 28, 2022, August 25, and September 8, September 22, October 13, and October 27, 2022 the City Council adopted a resolution proclaiming the need to meet by teleconference pursuant to Government Code Section 54953; and
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section 54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in 20 Item 7 D.

Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Capitola that the City Council does hereby:

1. Recitals. The Recitals set forth above are true and correct and are hereby incorporated by this reference.

2. Find that Current Conditions Authorize Teleconference Public Meetings of Legislative Bodies. The City Council has reconsidered the circumstances of the state of emergency and finds that based on the California Governor’s continued declaration of a State of Emergency and current conditions, meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

3. Authorize Legislative Bodies to Conduct Teleconference Meetings. The Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.

I HEREBY CERTIFY that the foregoing resolution was PASSED and ADOPTED by the City Council of the City of Capitola on the 10th day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Sam Storey, Mayor
ATTEST: __________________
Chloé Woodmansee, Interim City Clerk
21 Item 7 D.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: City Manager Department
Subject: Consider Request to Fly the “Christian Flag” during the month of December, the month of Easter, and on May 1st, the National Day of Prayer, in Accordance with Policy V-18: Outdoor Display of Governmental and Non-Governmental Flags on City Property Recommended Action: Deny request.

Background: On May 27, 2021, City Council adopted Policy V-18: Outdoor Display of Governmental and Non-Governmental Flags on City Property.

Section IV: Non-Governmental Flag Procedure states that: “Any person wishing for the City to display a Non-Governmental flag that is not on the “Approved Non-Governmental Flags List” … must submit a request to the City Manager’s office. Requests should be submitted at least 60 days in advance of the first date on which the flag is requested to be flown. The request must include a photograph and dimensions of the flag, and the dates on which the flag is requested to be flown. The City Council shall determine whether the request will be granted, denied, or granted in part.” The full Flag Policy is included as Attachment 1.

Discussion: On September 30, 2022, a member of the public submitted a flag request to the City of Capitola, included as Attachment 2. The request is: 1) to “[add] the Christian flag to the approved list of Non-Governmental Flags per the City Flag Policy Number: V-18”; and 2) to fly the flag at the following times:
 “Christmas - December 1-31 each year as Christians observe the birth of Jesus Christ,  Easter - Where it falls on the calendar each year respectively as Christians observe the resurrection of Jesus Christ, (e.g. 2023: Easter Sunday is April 9th, Holy Week: April 2-9) and;  The National Day of Prayer - Thursday of May each year.” The City’s Flag Policy states that City flagpoles are a forum for expression by the City, not the public.

The Policy declares that the flying of flags other than the United States and California flag is “an expression of the City’s official sentiments.” The City is a local government.

The Establishment Clause prohibits governments from communicating religious messages that might signal favoritism of one religion over another, or favoritism of religion versus not holding religious beliefs.

Accordingly, staff recommends the City deny this request.

Fiscal Impact: None.

Attachments:

1. Flag policy

2. Christian Flag request
Report Prepared By: Samantha Zutler, City Attorney, Chloé Woodmansee, Assistant to the City Manager
Approved By: Jamie Goldstein, City Manager
22 Item 8 A.

ADMINISTRATIVE PROCEDURE
Number: V-18
Issued: May 27, 2021
Jurisdiction: City Council
Outdoor Display of Governmental and Non-Governmental
Flags on City Property
I. Purpose
The purpose of this administrative policy is to establish uniform policies to govern the flying of the United States and California flags (“Governmental Flags”) on City-owned flagpoles, and the flying of flags other than the United States and California flag (“Non-Governmental Flags”) as an expression of the City’s official sentiments on City-owned flagpoles. The City’s flagpoles are intended to serve as a forum for expression by the City, and not a forum for expression by the public.

II. Applicability
The City shall regularly fly, on official, City-owned flagpoles, the flags of the United States of America and the State of California, and Non-Governmental flags pursuant to this Policy. Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or wearing or carrying a flag. City employees must comply with City policy.

III. Half-Staff
National flags and/or the California flag on City-owned property shall be flown at half-staff upon order of the President of the United States, or authorization by the Governor of California or the City Council of the City.

National and/or California flags on City-owned property shall also be flown at half-staff upon the death of:
• A City Councilmember, past or present;
• A current City employee;
• A City retiree having served the City for 25 or more years; • A public safety officer (police officer, Sheriff’s deputy, or firefighter) killed in the line of duty and employed by an agency in Santa Cruz County, San Mateo County, Santa Clara County, San Benito County or Monterey County; and
• A person whose accomplishments and contributions to the community demonstrated a significant commitment to the Capitola community, as determined by the City Manager and the Mayor.

In most of the above circumstances, flags will ordinarily be flown at half-staff as soon as practicable following the notification of a death, and for an additional 48 hours. For public safety officer line of duty deaths, the flag will fly at half-staff immediately from notification of death to sunset on the day of service/funeral.

IV. Non-Governmental Flag Procedure
Any person wishing for the City to display a Non-Governmental flag that is not on the “Approved NonGovernmental Flags List” below must submit a request to the City Manager’s office. Requests should be DocuSign Envelope ID: A6864A49-0227-411C-BE61-6F0753A81E86 23 Item 8 A.
submitted at least 60 days in advance of the first date on which the flag is requested to be flown. The request must include a photograph and dimensions of the flag, and the dates on which the flag is requested to be flown. The City Council shall determine whether the request will be granted, denied, or granted in part.

If the request is approved, this policy may be updated to include the approved flag, time when the flag shall be displayed, and approved flag image. If the request is not approved, it shall be deemed to have been denied and shall not be reconsidered for a period of six (6) months. The City Council’s determination shall be final and not subject to appeal.

Unless otherwise noted herein, or approved by the City Council, Non-Governmental flags shall only be flown at City Hall and, when raised, shall replace the flag of the State of California, not the flag of the United States.

If, while a Non-governmental flag is flying for its approved time, there is reason to fly flags at Half-Staff, the Non-governmental flag shall follow the same protocol as outlined above.

The City will take responsibility for obtaining and paying for any approved Non-Governmental Flags.

Nothing set forth in this Policy is intended to prohibit or curtail individuals from displaying a flag on private property under his or her control or wearing or carrying a flag. City employees must comply with City policy.

V. Approved Non-Governmental Flag List
The following flag(s) are approved for the following locations and time periods. The City Council may update this list at its discretion.

Flag Location Time Period Approved Flag Image
LGBTQ+ Pride
“Progress” Flag
City Hall June 1 – June 30
APPROVED: _____________________________
Jamie Goldstein, City Manager
DocuSign Envelope ID: A6864A49-0227-411C-BE61-6F0753A81E86 24 Item 8 A.

Calvary Chapel Capitola
4575 Capitola Road, Capitola CA 95010 (831) 475-7484
www.calvarychapelcapitola.org
David Campbell
Pastor, Calvary Chapel Capitola
4575 Capitola Road
Capitola, CA 95010
September 30, 2022
City of Capitola City Manager
Capitola City Hall
420 Capitola Avenue
Capitola, CA 95010
Dear Mr. Goldstein,
I am writing to formally request the addition of the Christian flag to the approved list of NonGovernmental Flags per the City Flag Policy Number: V-18, issued May 27, 2021.

The Christian flag has a long history in the United States. According to Wikipedia, it was conceived on September 26, 1897, and adopted by the Federal Council of Churches on January 23, 1942. The Christian flag has been in use worldwide, particularly in Europe, Asia, Latin America, Africa and Canada. The Christian flag is designed to be universal, representing all of Christianity without regard to denomination. Christianity is the most prevalent religion in the United States. Estimates from 2021 suggest that about 65% of all adults and 63% of the US population is Christian (about 210 million).

The United States was founded on biblical Christian values, and it is important that we pass these significant values on. Especially in a time when there is so much division in our country. In 1956, the 84th congress adopted “In God We Trust” as the National Motto, and recently on January 26, 2011 the 112th congress, reaffirmed this National Motto. 25 Item 8 A.

Calvary Chapel Capitola
4575 Capitola Road, Capitola CA 95010 (831) 475-7484
www.calvarychapelcapitola.org
On behalf of Calvary Chapel Capitola, I am requesting the adoption of the Christian flag to be flown over nationally observed Christian holidays, that include  Christmas-December 1-31 each year as Christians observe the birth of Jesus Christ.  Easter-Where it falls on the calendar each year respectively as Christians observe the resurrection of Jesus Christ, (e.g. 2023: Easter Sunday is April 9th, Holy Week: April 2-9) and;
 The National Day of Prayer-First Thursday of May each year.

Flag Description: A white banner with a red Latin Cross charged upon a blue canton (picture attached).

Dimensions: 4’ x 6’
Respectfully,
David Campbell
26 Item 8 A.

Calvary Chapel Capitola
4575 Capitola Road, Capitola CA 95010 (831) 475-7484
www.calvarychapelcapitola.org
Pastor, Calvary Chapel Capitola

27 Item 8 A.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: Police Department
Subject: Consider a Cannabis Delivery Ordinance Amendment Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Sections 5.36 and 9.61 allowing cannabis deliveries within the City of Capitola from any authorized licensed retailers physically located within Santa Cruz County.

Background: In November 2018, Capitola residents passed a ballot measure authorizing a tax on retail cannabis sales. Ordinance 1023 established a cannabis tax that was adopted on December 13, 2018.

Capitola Municipal Code 9.61.040 (B) bans all commercial sales of cannabis without a retail cannabis license and a conditional use permit.

In December 2018, the City Council adopted Retail Cannabis Ordinance 1021, adding Capitola Municipal Code 5.36 outlining the regulations and licensing requirements for retail cannabis sales in Capitola. The ordinance allowed for two permits to be issued for two retail locations on 41st Avenue. Both authorized cannabis retailers in Capitola are in good standing and have passed annual inspections.

As other local jurisdictions in the County developed their cannabis retail licensing process, they restricted deliveries into their jurisdiction to only their local retail license holders. The purpose behind those regulations was to ensure that deliveries into the judications were both well-regulated and subject to appropriate taxes. The cities of Santa Cruz and Watsonville and the County all require deliveries come from entities licensed in their jurisdiction.

Recent discussions among the local city managers and the County Administrator have led to a regional plan where staff agreed to propose revisions to their local cannabis regulations to allow delivery from any legal cannabis business located in a Santa Cruz County jurisdiction. This plan would still ensure that deliveries are subject to local regulations and taxes.

The Santa Cruz City Council will be considering a similar ordinance amendment on November 11, 2022.

Staff expects the remaining jurisdictions that permit retail cannabis sales will consider similar ordinances this Fall.

Discussion: The proposed amendments to Sections 9.61 and 5.36 of the Capitola Municipal Code would explicitly allow recreational cannabis deliveries from any licensed cannabis retailer within the County while prohibiting deliveries from outside the County.

The intent behind this change is to align the retail cannabis delivery requirements for the cities of Capitola, Watsonville and Santa Cruz and the unincorporated areas of Santa Cruz County. This change should simplify enforcement and compliance efforts for all jurisdictions.

The proposed ordinance also includes language that allows delivery of medical cannabis from businesses located anywhere within the State, as required by the newly adopted Senate Bill 1186. Senate Bill 1186 – Medicinal Cannabis Patients’ Right of Access Act was signed into law on September 18, 2022. This bill enacts the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit local jurisdictions from adopting or enforcing any regulation that prohibits the delivery of medicinal cannabis to medicinal cannabis patients.

Staff contacted our two permitted cannabis retail establishments for feedback on the proposed amendment. Staff heard back from both retailers, and they fully support the proposed ordinance amendment. The retailer stated this amendment would allow the business to now deliver outside of the City of Capitola and that would create new sales opportunities so the proposed amendment would not 28 Item 8 B.
disadvantage the local business.

Attachments:

1. Proposed ordinance
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Chloé Woodmansee, Assistant to the City Manager; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
29 Item 8 B.

ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF CAPITOLA AMENDING SECTION 9.61.040 OF THE

MUNICIPAL CODE TO ALLOW DELIVERY OF CANNABIS FROM ANY BUSINESS

LOCATED IN SANTA CRUZ COUNTY AND TO IMPLEMENT BUSINESS AND PROFESSIONS CODE SECTION 26320 RELATED TO MEDICINAL CANNABIS DELIVERY WHEREAS, the City’s current Municipal Code prohibits the delivery of medicinal and recreational cannabis within the City limits; and
WHEREAS, Business and Professions Code Section 26200 allows for local jurisdictions to adopt, implement and enforce local ordinances to regulate cannabis businesses; and WHEREAS, allowing delivery of cannabis to residents within Capitola increases access to cannabis for those who may not be mobile; and
WHEREAS, allowing delivery of cannabis from businesses located within the County of Santa Cruz supports local businesses, while maintaining local control over cannabis regulations; and
WHEREAS, other jurisdictions within Santa Cruz County are considering similar allowances, and aligning the City of Capitola’s regulations with other local regulations aids in enforcement; and
WHEREAS, SB-1186 (Chapter 395, Statutes of 2022) amended Section 26200 and enacted Chapter 26, commencing with Section 26320, to the Business and Professions Code, effective January 1, 2023; and
WHEREAS, these provisions enact the Medicinal Cannabis Patients’ Right of Access Act, which, beginning on January 1, 2024, prohibits the City from adopting or enforcing any regulation that prohibits the retail delivery sale within the City of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses; and WHEREAS, the Medicinal Cannabis Patients’ Right of Access Act prohibits local jurisdictions from prohibiting or unreasonable restricting medical cannabis delivery by limited the number of businesses allowed to deliver, the operating hours of such businesses, the number or frequency of medicinal cannabis sales, or the types or quantities of medicinal cannabis allowed to be sold; and
WHEREAS, the Medicinal Cannabis Patients’ Right of Access Act prohibits local jurisdictions from prohibiting physical medicinal cannabis retail delivery stores to operate within their jurisdiction if the City did not have at least one physical store that was allowed to sell medicinal cannabis as of January 1, 2022; and
WHEREAS, the City Council desires to implement regulations on the delivery and sale of both recreational and medicinal cannabis within the City limits.

BE IT ORDAINED by the City of Capitola as follows:

Section 1. The above findings are adopted and incorporated herein.

Section 2. Section 9.61.040 (Prohibited Activities) is amended as follows:
30 Item 8 B.

Subsection D is added as follows:

D. Notwithstanding the foregoing:

1. Holders of a State retail dispensary license, which are located in any jurisdiction, may deliver medicinal cannabis via mobile delivery to a consumer’s premises in the City. Medicinal cannabis delivery businesses located in the City of Capitola shall obtain a City of Capitola business license and have a valid cannabis retailer license.

2. Retail delivery businesses located within any jurisdiction within Santa Cruz County may deliver within the City if they are licensed to do so by the State and the jurisdiction in which they are located. Such businesses may be required to obtain a City of Capitola business license consistent with Chapter 5.04 – Business Licenses and Fees and, if physically located within the City of Capitola, must also have a valid cannabis retailer license consistent with Chapter 5.36 – Retail Cannabis Licenses.

Section 3. Section 5.36.030 (Cannabis retail business – license required) is amended as follows:

Subsection 15 is added as follows:

15. Notwithstanding the requirements of this section, recreational and medicinal cannabis delivery shall be permitted in the City as outlined in Section 9.61.040.

Section 4. Environmental Review.

The City Council finds and determines that enactment of this Ordinance is statutorily exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378).

Section 5. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.

Section 6. Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 7. Certification.

The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
31 Item 8 B.

This Ordinance was introduced at the meeting of the City Council on the ___ day of _______ 2022, and was adopted at a regular meeting of the City Council on the ___ day of _______ 2022, by the following vote:

AYES:

NOES:

ABSENT:

Sam Storey, Mayor
Attest: ___________________________
Chloe Woodmansee, Interim City Clerk

32 Item 8 B.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: Community Development Department
Subject: Introduce an Ordinance Amending Chapter 15.04 of the Capitola Municipal Code Pertaining to Building and Fire Code
Recommended Action: Introduce for first reading, by title only, waiving further reading of the text, a proposed ordinance amending Municipal Code Chapter 15.04, pertaining to building and fire codes.

Background: The State of California has adopted new editions of the California Building Codes, which take effect throughout the state on January 1, 2023. The proposed Ordinance amends Municipal Code Title 15 to adopt the most current version of the California Building Codes as required by California State Health and Safety Code Section 18541.5.

Discussion: The City of Capitola must amend Title 15 of the Capitola Municipal Code approximately every three years to incorporate the most recent editions of State building codes that have been adopted by the California Building Standards Commission. The California Building Standards Commission adopted new model codes which will go into effect on January 1, 2023.

Unlike previous Building Code cycle amendments, there are no significant differences between the 2019 version and the updated 2022 California Building Code. Notable code changes are highlighted below; a detailed list of changes are listed in Attachment 2.
a. The significant amendment to the Building, Residential, Mechanical and Plumbing Codes, includes keeping the existing code language for permit expiration. b. Deletion of Concrete construction standards which had been carried over from previous code adoptions. These construction standards are replaced by current code language. c. Adoption of the 2022 California Fire Code as amended and adopted by the Central Fire Protection District.
d. Swimming Pool Safety Act - This law is mandatory, not optional for local adoption. To align with the CBC, Chapter 31, Appendix AX section numbers were reformatted to reflect the numbering used in HSC 115920 through 115929.

Staff recommends City Council adopt the State Codes as the governing Code for this cycle as the City is obligated to apply State Building and Fire Codes and because the State’s standards are tailored to the geographic, climatic, and topographic conditions found in California.

Fiscal Impact: None
Attachments:

1. Draft Ordinance

2. State of CA 2022 Title 24 Code Changes
Report Prepared By: Robin Woodman, Building Official
Reviewed By: Chloé Woodmansee, Assistant to the City Manager; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
33 Item 8 C.

DRAFT ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AMENDING CHAPTER 15.04 OF THE CAPITOLA MUNICIPAL CODE

PERTAINING TO ADOPTION OF CALIFORNIA BUILDING CODES
THE CITY COUNCIL OF THE CITY OF CAPITOLA HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Chapter 15.04 is amended to be titled Building and Fire Codes SECTION 2. Section 15.04.010 of the Capitola Municipal Code is amended to read as follows:

15.04.010 Adoption of California Building Codes. The City of Capitola adopts the following Codes or designated portions thereof:

A. The California Building Code and appendices, 2019 2022 edition, which edition incorporates the International Building Code, 2018 2021 edition as published by the International Code Council and includes the Historic, Existing Building, and International Property Maintenance Codes.

B. The California Electrical Code, 2019 2022 edition, which incorporates the 2018 2021 National Electrical Code as published by the National Fire Protection Association, NFPA 70.

C. The California Mechanical Code, 2019 2022 edition, which incorporates the 2018 2021 Uniform Mechanical Code as published by the Association of Plumbing and Mechanical Officials.

D. The California Plumbing Code, 2019 2022 edition, which incorporates the 2018 2021 edition of the Uniform Plumbing Code.

E. The California Fire Code, 2019 2022 edition as amended by the Central Fire Protection District Fire Code, 2018 2021 edition.

F. The California Residential Code, 2019 2022 edition, which incorporates the International Residential Code, 2018 2021 edition.

G. The 2019 2022 California Referenced Standards Code.

H. The California Energy Code, 2019 2022 edition.

I. The California Green Building Standards Code, 2019 2022 edition.

J. The California Administrative Code, 2019 2022 edition.

K. The California Historical Building Code, 2019 2022 edition.

L. The California Existing Building Code, 2019 2022 edition, which incorporates the International Existing Building Code, 2019 2022 edition.

The International Building Codes may be used as an alternative to the California Codes, when submitted, reviewed, and approved by the City’s Building Official.

SECTION 3. Section 15.04.050 Modifications to the California Building Code. 34 Item 8 C.

Building and Fire Code Ordinance Adoption
November 22, 2016
A. The following local geologic conditions justify modifications to California Building Standards Code as detailed in subsection B:

Geological – The region is located in an area of high seismic activities as indicated by United States Geological Survey and California Division of Mines and Geology. Recent earthquake activities have indicated the lack of flexibility of materials and/or building systems has been a contributing factor to damages that reduced the usability of buildings, degraded the life-safety of building occupants, and increased the cost of rehabilitation of the structures.

B. The following modifications apply to the California Building Code:

Section 105.5.1 [Permit] Expiration
Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

C.
1805.3.1. Concrete floors in all residential occupancies shall be protected from moisture penetration by a bed of at least three inches of clean rock, not less than 3/8 inch nor more than 1 inch in diameter. Dam proofing consisting of not less than 10-mil polyethylene with joints lapped not less than 12 inches, a vapor barrier that meets or exceeds ASTM E-1745 Standards, or other approved methods or materials shall be installed beneath the slab. Joints in the membrane shall be lapped and sealed in accordance with the manufacturer's installation instructions.

Section 1905.1.8. Amends ACI 318 section 22.10.1 of ACI 318 that allows the use of plain concrete in residential structures assigned to seismic design category D, E or F to read:

22.10. Plain concrete in structures assigned to seismic design category C, D, E or F.

22.10.1. Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.

Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 35 Item 8 C.

Building and Fire Code Ordinance Adoption
November 22, 2016
are permitted to have a total area of less than 0.002 times the gross crosssectional area of the footing.

SECTION 4. The following changes and modifications are hereby made to the California Residential Code as referenced below:
(A) CRC R105.5 shall be amended to read:

Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

R506.2.3. Concrete floors in all residential occupancies shall be protected from moisture penetration by a bed of at least three inches of clean rock, not less than 3/8 inch nor more than 1 inch in diameter. Damp-proofing consisting of not less than 10-mil polyethylene with joints lapped not less than 12 inches, a vapor barrier that meets or exceeds ASTM E-1745 Standards, or other approved methods or materials shall be installed beneath the slab. Joints in the membrane shall be lapped and sealed in accordance with the manufacturer's installation instructions.

R403.1.3. Seismic reinforcing.
a) Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in Table R301.2 (1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
b) In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center.

The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.
c) In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing and have a standard hook.
d) In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.

Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.

In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.
36 Item 8 C.

Building and Fire Code Ordinance Adoption
November 22, 2016
Add the “e” footnote notation in the title of Table R602.10., after the four footnotes currently shown, to read:

TABLE R602.10.1.3(3)a,b,c,d.e
e) R602.10.4.4. Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single-family dwellings and accessory structures.

SECTION 5 The following modification is made to the California Mechanical Code. (A) Section 104.4.3 is deleted and replaced with the following:

Section 104.4.3.1 is Deleted
SECTION 6
(A) The following modification is made to the California Plumbing Code.

Section 104.4.3 is deleted and replaced with the following:

Section 104.4.3.1 is Deleted
SECTION 7. This Ordinance shall take effect and be in full force thirty (30) days after its final adoption by the City Council.

This Ordinance was introduced on the 24th day of November, 2019, and was passed and adopted by the City Council of the City of Capitola on the _____ day of _____, _____ , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
37 Item 8 C.

Building and Fire Code Ordinance Adoption
November 22, 2016
________________________
Sam Storey, Mayor
ATTEST:
________________________, CMC
Chloe Woodmansee, City Clerk
38 Item 8 C.
2022 TITLE 24
California Code Changes
July 2022
1 st Edition
39 Item 8 C.

Acknowledgements
Governor Gavin Newsom
Secretary of the Government Operations Agency, Amy Ton
Director of the Department of General Services, Ana Lasso Members of the California Building Standards Commission Chair, Secretary Amy Tong
Vice Chair, Rajesh Patel
Commissioners:

Kent Sasaki Erick Mikiten
Elley Klausbruckner Rajesh Patel
Peter Santillan Juvilyn Alegre
Aaron Stockwell Laura Rambin
Frank Ramirez James Haskin
Executive Director, Mia Marvelli
Deputy Executive Director, vacant
The California Building Standards Commission is a commission within the Department of General Services
Visit our website at dgs.ca.gov/BSC
Please submit comments and suggestions for improvements or additions to this publication to [email protected]
or mail to
California Building Standards Commission
Mia Marvelli, Executive Director
2525 Natomas Park Drive, Suite 130
Sacramento, CA 95833
Some of CBSC’s publications available on the website’s Resources page:

Guide to Title 24
It’s Your Building Department
Guide for Local Amendments of
Building Standards
Public Guide to the Building
Standards Adoption Process
Frequently Asked Questions
Glossary of Terms
40 Item 8 C.
i

TABLE OF CONTENTS
Introduction...............................................................................................1 California Administrative Code – Part 1..................................................3 Chapter 1 – Building Standards Commission ............................................................ 3 Chapter 3 – State Fire Marshal.................................................................................. 3 Chapter 4 – Division of the State Architect ................................................................ 3 Chapter 7 – Office of Statewide Health Planning and Development.......................... 4 Chapter 10 – California Energy Commission ............................................................. 5 California Building Code – Part 2 ............................................................6 Tall Wood/Mass Timber provisions in various chapters of Part 2 .............................. 6 Chapter 1 – Scope and Administration ...................................................................... 6 Chapter 2 – Definitions .............................................................................................. 7 Chapter 3 – Occupancy Classification and Use......................................................... 8 Chapter 4 – Special Detailed Requirements .............................................................. 9 Chapter 5 – General Building Heights and Areas ...................................................... 9 Chapter 7A – Materials and Construction Methods.................................................... 9 Chapter 9 – Fire Protection Systems ....................................................................... 10 Chapter 10 – Means of Egress ................................................................................ 10 Chapter 11B – Accessibility to Public Buildings ....................................................... 11 Chapter 12 – Interior Environment........................................................................... 11 Chapter 14 – Exterior Walls ..................................................................................... 16 Chapter 16 – Structural Design................................................................................ 16 Chapter 16A – Structural Design ............................................................................. 16 41 Item 8 C.
ii
Chapter 17 – Special Inspections and Tests............................................................ 17 Chapter 17A – Special Inspections and Tests ......................................................... 18 Chapters 18 and 18A – Soils and Foundations........................................................ 18 Chapter 19 – Concrete............................................................................................. 18 Chapter 19A – Concrete .......................................................................................... 19 Chapter 21 – Masonry ............................................................................................. 20 Chapter 21A – Masonry ........................................................................................... 20 Chapter 24 – Glass and Glazing.............................................................................. 21 Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster........................ 21 Chapter 27 – Electrical............................................................................................. 22 Chapter 31 – Special Construction .......................................................................... 22 Chapter 31B – Public Swimming Pools.................................................................... 22 Chapter 35 – Referenced Standards ....................................................................... 23 California Residential Code – Part 2.5...................................................24 Chapter 1 – Scope and Application.......................................................................... 24 Chapter 2 – Definitions ............................................................................................ 24 Chapter 3 – Building Planning ................................................................................. 24 Chapter 4 – Foundations ......................................................................................... 26 Chapter 7 – Wall Covering....................................................................................... 27 Chapter 8 – Roof-Ceiling Construction .................................................................... 27 Chapter 9 – Roof Assemblies .................................................................................. 28 Chapter 44 – Referenced Standards ....................................................................... 28 Appendix AS – Strawbale Construction ................................................................... 28 Appendix AX............................................................................................................ 29 42 Item 8 C.
iii
California Electrical Code – Part 3.........................................................30 California Energy Commission................................................................................. 30 Housing and Community Development.................................................................... 30 State Fire Marshal.................................................................................................... 30 Office of Statewide Health Planning and Development............................................ 30 California Mechanical Code – Part 4 .....................................................32 Chapter 1 – Scope and Application.......................................................................... 32 Chapter 2 – Definitions ............................................................................................ 33 Chapter 3 – General Regulations............................................................................. 33 Chapter 4 – Ventilation Air....................................................................................... 33 Chapter 6 – Duct systems........................................................................................ 34 Chapter 9 – Installation of Specific Appliances ........................................................ 34 Chapter 11 – Refrigeration....................................................................................... 35 Chapter 12 – Hydronics ........................................................................................... 35 California Plumbing Code – Part 5 ........................................................36 Chapter 1 – Scope and Application.......................................................................... 36 Chapter 4 – Plumbing Fixtures and Fixture Fittings ................................................. 36 Chapters 5 and 6 – Water Heaters and Water Supply and Distribution ................... 37 Chapter 6 – Water Supply and Distribution.............................................................. 37 Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems.......... 37 Chapter 15 – Alternate Water Sources for Nonpotable Applications........................ 37 Chapter 17 – Referenced Standards ....................................................................... 38 California Energy Code – Part 6 ............................................................39 43 Item 8 C.
iv
California Fire Code – Part 9..................................................................40 Overview.................................................................................................................. 40 Chapter 1 – Scope and Application.......................................................................... 40 Chapter 2 – Definitions ............................................................................................ 41 Chapter 3 – General Regulations............................................................................. 42 Chapter 4 – Emergency Planning and Preparedness.............................................. 42 Chapter 9 – Fire Protection and Life Safety Systems .............................................. 42 Chapter 10 – Means of Egress ................................................................................ 43 Chapter 12 – Energy Systems ................................................................................. 43 Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures....... 43 Chapter 38 – Higher Education Laboratories........................................................... 43 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas ........... 44 Chapter 80 – Referenced Standards ....................................................................... 45 Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework .. 45 California Existing Building Code – Part 10..........................................46 Chapter 1 – Scope and Application.......................................................................... 46 Chapter 2 – Definitions ............................................................................................ 46 Chapter 3 – Provisions for All Compliance Methods................................................ 47 Chapter 5 – Prescriptive Compliance Method.......................................................... 48 Chapter 16 – Referenced Standards ....................................................................... 48 Department of Housing and Community Development............................................ 49 California Green Building Standards Code – Part 11...........................50 Chapter 2 – Definitions ............................................................................................ 50 Chapter 4 – Residential Mandatory Measures......................................................... 50 44 Item 8 C.
v
Chapter 5 – Nonresidential Mandatory Measures.................................................... 52 Chapter A4 – Residential Voluntary Measures ........................................................ 53 Chapter A5 – Nonresidential Voluntary Measures ................................................... 53 California Referenced Standards – Part 12...........................................55 Building Standards Commission .............................................................................. 55 State Fire Marshal.................................................................................................... 55 45 Item 8 C.

Page intentionally blank
46 Item 8 C.
1 INTRODUCTION
During the 2021 Triennial Code Adoption Cycle, California state agencies reviewed the most recent edition of national model codes and standards, and made amendments and additions to most parts of the California Building Standards Code, Title 24 of the California Code of Regulations (Title 24). This publication contains information regarding substantive changes of interest to code users as they familiarize themselves with the 2022 edition of Title 24. For ease of reading, this document uses all normal font style (no italics). When looking at Title 24, it is a good idea to learn about and understand the various margin markings, banners and text styles that will indicate where changes have been made to the code and what amendments are model code changes versus California amendments. An explanation of margin markings can be found in the preface of each part of Title 24.

State agency acronyms that may be used in this publication BSC – Building Standards Commission
CDPH – California Department of Public Health
CEC – California Energy Commission
DSA – Division of the State Architect
DWR – Department of Water Resources
HCD – Department of Housing and Community Development
OSHPD – Office of Statewide Health Planning and Development (now Department of Health Care Access and Information – HCAI)
SFM – State Fire Marshal
For the applications of amendments adopted by the various state agencies, reference Chapter 1 of each part of Title 24.

The parts of Title 24 may be abbreviated as follows:

CBC – California Building Code, Part 2, Volumes 1 and 2 CRC – California Residential Code, Part 2.5
CMC – California Mechanical Code, Part 4
CPC – California Plumbing Code, Part 5
CFC – California Fire Code, Part 9
CEBC – California Existing Building Code, Part 10
CALGreen – California Green Building Standards Code, Part 11 CRSC – California Referenced Standards Code, Part 12
To avoid confusion with other acronyms, abbreviations are not used for the California Administrative Code (Part 1), California Electrical Code (Part 3) or California Energy Code (Part 6).
47 Item 8 C.
2 Note that there were no significant updates to the California Historical Building Code, Part 8 of Title 24, and Part 7 is vacant, so those parts are not listed here. There are no changes to Part 8 because the State Historical Building Safety Board adopted the 2022 California Historical Building Code by carrying forward existing provisions from the 2019 edition without further amendment.

Model code developers:

Every three years the national model codes and standards are published, and by law California is required to incorporate specific model codes and standards into Title 24.

The model code publishers often issue significant code change documents explaining national code updates and the reasons for them. Links to those documents are provide below.

IAPMO – The International Association of Plumbing and Mechanical Officials (Parts 4 and 5)
Uniform Mechanical and Plumbing Code Updates webpage
ICC – The International Code Council (Parts 2, 2.5, 9 and 10) Purchase ICC’s 2021 Significant Changes publications
NFPA – National Fire Protection Association (Part 3)
2020 National Electrical Code updates links
Please watch the California Building Standards Commission’s (CBSC) video About Title 24 to learn about the code's layout and contributing state agencies. For more indepth information, visit CBSC’s Resources webpage to view and download educational publications such as a Guide to Title 24.
48 Item 8 C.
3 CALIFORNIA ADMINISTRATIVE CODE – PART 1
Chapter 1 – Building Standards Commission
1-209 Code Advisory Committees
Amended existing section footnote to clarify the requirements of the Fire Official and Local Government Water Efficiency Official positions in the Code Advisory Committees.

Sections 1-407, 1-411, 1-415, 1-419
Added document accessibility as a requirement for documents included in state agencies’ rulemaking submittals and added reference to Government Code Section 11546.7.(a).
1-507 Fee Collection
Amended existing section to remove information regarding the check-only payment method, added instructions for submitting payment and forms by mail (check) or email (electronic payment platform), and let fee payers know that they may only use the approved electronic payment platform, and that there is information regarding the platform on CBSC’s website.

Chapter 3 – State Fire Marshal
Article 3-1 General Provisions and Article 3-2 Definitions Added sections to Chapter 3 that was reserved for SFM in the 2019 edition. These sections provide clarifying language regarding the SFM fire and life safety authority for state-owned buildings, specified state-occupied buildings, and state institutions.

Chapter 4 – Division of the State Architect
4-309(c).2.B Reconstruction or alteration projects in excess of $100,000 in cost
Repealed exception to the section as it is inconsistent with the definition of “rehabilitation” in the regulations. The exception also implied that only the “…elements of the lateral force resisting system” need be evaluated, which led to confusion as DSA’s Seismic Performance Requirements per Table 317.5 explicitly require that the evaluation include assessment of non-structural components. 4-330 Time of beginning construction and partial construction Changed requirements that construction must commence on all school buildings with an approved project within four years instead of one year or else the approval is void.

Given this new four-year rule, extensions no longer apply and were repealed. Added an exception permitting DSA to withdraw approval or institute post-approval 49 Item 8 C.
4 requirements as necessary to address life-safety concerns in response to information received after approval of plans and before commencement of construction. 4-335(f)4 Structural tests and special inspections
Clarified requirements to provide DSA with daily special inspection reports when requested.

Group 3, Article 3 and deletion of Article 4
Revised procedure regarding submission of landscape plans for modifications, rehabilitations and new construction of landscape areas at public K-12 schools and community colleges.

The revisions include the elimination of a fee for review of landscape plans and revisions to the self-certification form, a provision that periodic site observations during construction will occur to ensure the work is completed in accordance with CALGreen Section 5.304 requirements, and replacement of two previously required selfcertification forms with a single form.

Chapter 7 – Office of Statewide Health Planning and Development 7-111 Definitions
Added clarification that the equipment referred to in the definition of “Actual Construction Cost” is construction equipment only.

Added the definition of “Start of Construction” to clarify that the start date of construction may include actual physical work as well as the preparation for construction such as manufacturing components offsite.

Sections 7-111, 7-121, 7-130, 7-133 and others
Combined “Phased Plan Review” and “Collaborative Review and Construction” into a single process called “Integrated Review.” Renamed “Phased Plan Review” to “Integrated Review” so the definition of “Integrated Review” is added, the definition of “Phased Plan Review” is repealed, all references to “Phased Plan Review” and “Collaborative Review and Construction” are removed, and Memorandum of Understanding (MOU) is renamed to Integrated Review Plan (IRP).

Sections 7-113, 7-153 and others
Amended existing language to provide requirements for electronic submittals and field records.
7-123 Preliminary plans and specifications
Amended existing language to remove “outline” from the submittal requirements for specifications during a preliminary review as it has been proven an outline specification is insufficient for most preliminary reviews. 50 Item 8 C.
5 7-129 Time limitations
Amended following subsections:
7-129(b) to provide revised time limitations based on the cost of a project. 7-129(d) to include a description of when a project is considered abandoned. 7-129(d) Exception to limit the exception to paragraphs (a) and (b) so they do not apply to managed projects. Manage project time limitations would not apply as the durations are negotiated.
7-133 Fees
Amended following subsections:
7-133(a) to allow for projects with estimated construction cost of less than $250,000 to be invoiced at the rate of 2.0 percent of the estimated construction cost. 7-133(h) to remove collaborative review and replace phased review with integrated review. The fee of 1.95% is to be applied to integrated review. 7-145 Continuous inspection of the work
Clarified the requirement for the Inspector of Record to notify the office in writing when work is started and for the field record report to include the time and date of all correspondence with the contractor regarding incomplete work, potential deficiencies or deviation which require the contractor’s attention. Added additional requirements for the reports.

Chapter 10 – California Energy Commission
Please visit the California Energy Commission’s website for updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiencystandards/online-resource-center/overview 51 Item 8 C.
6 CALIFORNIA BUILDING CODE – PART 2
Tall Wood/Mass Timber provisions in various chapters of Part 2 BSC—DSA—HCD—OSHPD—SFM
Sections regarding construction elements of Tall Wood/Mass Timber and Heavy Timber were early adopted by various state agencies as amendments to the 2019 California Building Code (CBC) during the 2019 Intervening Code Adoption Cycle and issued as a supplement with a July 1, 2021, effective date. The amendments are repealed, as they are now included in the adopted 2021 International Building Code (IBC).

Part 2 Chapter Sections
Chapter 1 110.3.5
Chapter 2 202
Chapter 5 508.4.4.1, 509.4.1.1
Chapter 6 602.4 through 602.4.4.2
Chapter 7 703.6, 703.7, 718.2.1, 722.7 through 722.7.2.2 Chapter 17 - Sections 1705.5.3, 1705.5.5, 1705.11.1, 1705.11.2, 1705.12.2, 1705.12.3, 1705.20, 1705A.4.1, 1705A.5.5, 1705A5.7
Chapter 17 - Tables 1705.5.3, 1705.5.7, 1705A.5.3
Chapter 23 2304.10.1.2, 2304.11.3, 2304.11.4
Chapter 31 3102.3, 3102.6.1.1
Chapter 35 ANSI/APA PRG 320-2019, ASTM D3498-03(2011)
Chapter 1 – Scope and Administration
Building Standards Commission
105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019, and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019, to local building departments, state agencies and CBSC interested parties. 52 Item 8 C.
7 Office of Statewide Health Planning and Development

1.10.2 OSHPD 2, 2A and 2B
OSHPD added new occupancy classifications to address distinctions between skilled nursing facility and intermediate care facility buildings erected with specific construction materials.

OSHPD 2 has been split into two (2) categories. OSHPD 2A is for skilled nursing facility and intermediate care facility buildings of single-story, wood-frame, or light steel frame construction or buildings of single-story, wood-frame, or light steel frame construction where only skilled nursing or intermediate care services are provided if the building is separated from a building housing other patients of the health facility receiving higher levels of care and must meet model code requirements.

OSHPD 2B skilled nursing facility and intermediate care facility buildings of all other types must meet the requirements designated by the OSHPD 2B banner.

If the only designation is OSHPD 2, the application is for both 2A and 2B.

State Fire Marshal

1.11.1 Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Public resources: omnibus trailer bill. (2019-2020)) that required the State Fire Marshal to provide a more accurate definition.

1.11.6 Certificate of Occupancy
Amendment citing a reference to Section 105.2 clarifying work exempt from permit.

Division of the State Architect, Department of Housing and Community Development, Office of Statewide Health Planning and Development, and State Fire Marshal
110.3.12 Types IV-A, IV-B and IV-C connection protection inspection This amendment was added in the 2019 intervening cycle but is now part of model code language in the 2021 IBC, therefore, this section is repealed to avoid duplication.

Chapter 2 – Definitions
California Energy Commission
CLIMATE ZONE Amended definition with specific reference to Figure 100.1-1 of the California Energy Code pertaining to the applicability of assigned climatic criteria for geographic regions to distinguish between the International Energy Conservation Code (IECC) and the California Energy Code.
53 Item 8 C.
8 State Fire Marshal
CHILD CARE Added a new defined term for child care that is consistent with the definition in Title 22 (Social Security) of the California Code of Regulations (Title 22).

DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.

INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.

PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.

PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in Chapters 15 and 16.

TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.

Chapter 3 – Occupancy Classification and Use
State Fire Marshal
304.1 Business Group B and 304.4 Higher education laboratories Removed new model code language about higher education laboratories from Section 304.1 and deleted new model code Section 304.4 since model code language for higher education laboratories is not used in California and conflicts with California’s Group L occupancy classification.
305.2 Group E, Child care facilities
Amendments clarifying child care regarding emergency situations applying to Groups I, E and R Occupancies.
310.3 Residential Group R-2
Amended the definition for Group R-2 to meet requirements of SB 234 (Chapter 244, Statutes of 2019): Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Section 1597.46.
54 Item 8 C.
9 Chapter 4 – Special Detailed Requirements
State Fire Marshal
455 Large Family Day-Care Homes
455.2. Amendment to meet requirements of SB 234 (Chapter 244, Statutes of 2019):

Small and large family child care in apartment houses can operate in R-2 occupancies when they comply with the regulations and with Health and Safety Code Sections 1597.45 and 1597.46 (reprinted in this section). 455.6 Compliance
Repealed an amendment regarding the enforcement of Health and Safety Code Sections 13145 and 13146 to align with Section 455.2.

Chapter 5 – General Building Heights and Areas
State Fire Marshal
508 Mixed Use and Occupancy
508.2.4 Separation of occupancies
Amendment permitting the consideration of some uses as accessory occupancies.

Among other requirements, the amendment revises Section 508.2.4 Exception and limits permitted, unseparated accessory covered entrances to those required by Section 11B-206.4.10 for weather protection at entrances to medical care and long-term care facilities or Section 1224.33.2.1, emergency medical service exterior entrances. The amendment eliminates a conflict with provisions enforced by Centers for Medicare-Medicaid Services (CMS).

Table 508.4 Required separation of occupancies (hours), Footnote J Amendment to the footnotes in Table 508.4 that reduces the fire-resistive separation criteria for covered vehicle entrances required by other provisions of the California Building Code associated with Group I-2 occupancies from 2-hour to 1- hour fire-resistance-rated construction.

Chapter 7A – Materials and Construction Methods
State Fire Marshal
Extensive amendments to Chapter 7A Wildland-Urban Interface (WUI) regulations.

The amendments were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, other state agencies, building industry, testing labs, and stakeholders.

Other amendments have been made to be consistent with newly defined terms and to clarify established guidelines in WUI regulations that address different fire severity areas and agency responsibilities that are outlined in Chapter 49 of the CFC. 55 Item 8 C.
10 702A Definitions
FIRE PROTECTION PLAN Amended this defined term to align with the same defined term in Section 4903 of the CFC.

FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.
704A IGNITION-RESISTANT CONSTRUCTION Added testing standard for wood structural panels in Subsection 704A.3.1 Fire testing of wood structural panels.

Additional amendments in Section 704A are consistent with previous amendments made in Chapter 23 regarding fire-retardant-treated-wood and pressure treated materials.
710A Accessory Buildings and Miscellaneous Structures
710A.1 General Clarifies that Group U Occupancy accessory buildings shall conform to this section.
710A.3 Where required Amendment and subsections that are organized by uniform categories of distances from applicable buildings, and mandate enforcement for buildings greater than 120 square feet, and leave discretion to local Authority Having Jurisdiction (AHJ) for buildings less than 120 square feet. 710A.4 Roof construction Amendment that for an accessory building required to be constructed of noncombustible or ignition resistant materials, its roof must meet Class A fire rating.

Chapter 9 – Fire Protection Systems
State Fire Marshal
903.3.1.1.3 Solar photovoltaic power systems
Amendment to delete a requirement for the installation of smoke detectors in outdoor locations as a substitute for sprinkler protection.

Department of Housing and Community Development
915 Carbon monoxide detection
Modified to reference NFPA 72 National Fire Alarm and Signaling Code.

Chapter 10 – Means of Egress
State Fire Marshal
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to CFC Sections 1104.16.7 and 1104.16.5.1 regarding the maintenance requirements for fire escapes have been relocated to Section 1032.
56 Item 8 C.
11 Chapter 11B – Accessibility to Public Buildings
Division of the State Architect – Access Compliance
11B-108 Maintenance of Accessible Features
Added requirements to include facilities regulated in Chapter 11B, including public and commercial buildings, as well as public housing in addition to public accommodations.

Chapter 12 – Interior Environment
California Energy Commission
User Note
Modified to properly reference the California Energy Code. 1202.3.1 California Energy Code and International Energy Conservation Code (IECC) Climate Zones and Table 1202.3.1 IECC vs California Energy Code Climate Zone Comparison
Added section and table to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code by explaining the relationship between the two codes and adding Table 1202.3.1 to represent these differences.

Department of Housing and Community Development
1202.2.1 Ventilated attics and rafter spaces and 1202.3 Unvented attic and unvented enclosed rafter assemblies
Repealed reference to Climate Zones 14 and 16 and California Energy Code Figure 100.1-A since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.

Table 1202.3 Insulation for condensation control
Repealed reference to specific climate zones from the table since the California Energy Commission adopted a new Table 1202.3.1 from the International Energy Conservation Code.

Office of Statewide Health Planning and Development
1224.3 Definitions
HANDWASHING STATION Amended existing language to clarify that hands-free operation is required at the door and not at the handwashing fixture.

INVASIVE PROCEDURE New definition to be used to determine the classification of the imaging room or procedure room required.

LOCATION TERMINOLOGY Terms for relationship to an area or room. 57 Item 8 C.
12 READILY ACCESSIBLE Amended existing language to avoid ambiguity by removing the requirement that the area or room also be “directly accessible.” New language added to include option for locating readily accessible areas or rooms to within 200 feet of department or space served to accommodate space orientation or security concerns.

PROCEDURE ROOM New definition specifically designates the procedure room as the intermediate level room for procedures that do not require a full surgical environment.

RESTRICTED AREA Amended existing language to better align with Facilities Guidelines Institute (FGI), which stipulates that a restricted area is a designated space contained within the semi-restricted area and accessible only through a semirestricted area. This definition is required to determine the level of procedure room to be used and the requirements therein.

SEMI-RESTRICTED AREA New defined term per request of CDPH. This area applies to intermediate level procedures and imaging as well as peripheral areas that support surgical services.

START OF CONSTRUCTION OSHPD added the definition to Part 1, California Administrative Code. The banner note added to this definition avoids ambiguity and clarifies that the term is not adopted by OSHPD.

UNRESTRICTED AREA New defined term per CDPH request. This area applies to any area of the department that is not defined as semi-restricted or restricted. This definition is required to determine the level of control outside a surgical area or within a medical department.
1224.4.4.1 Examination, treatment, and procedure rooms
Amended existing language to add “procedure room” to the heading. 1224.4.4.1.2 Treatment room
OSHPD has coordinated with CDPH to add a requirement for providing a new service space for exercise stress testing. This space can be in several locations within a hospital and not assigned to any one service. Amended language allows for exercise stress testing in a treatment room due to the need for space for a crash cart and possible resuscitation.
1224.4.4.1.4 Procedure room
Added new language to align with Facilities Guidelines Institute (FGI) requirements and renumbered following sections.
1224.4.4.4.1 Medication preparation room
Per CDPH request, amended existing language to remove the requirement that a medication preparation room be directly accessible from the nursing station. 58 Item 8 C.
13 Table 1224.4.6.1
Line 6 has been identified specifically for “Intensive Care” to avoid confusion with the similarly named room on Line 3.

Table 1224.4.6.5
Added Note 1 to the line for Patient Toilet Room under column 1226. Current language is confusing and is often misinterpreted that a nurse call station is required in all clinic patient toilets under column 1226. The note clarifies that a nurse call station is not required for Primary Care, Chronic Dialysis or Psychology Clinic patient toilet rooms.
1224.4.11 and 1224.4.11.4.1 Interior Finishes
Added a pointer to the new table for different levels of procedure and imaging rooms. Includes new Table 1224.4.11.4a which identifies the different levels of exam/procedure rooms as well as the different classes of imaging rooms, including the room type, the uses in each type of room, if the room is unrestricted, semirestricted or restricted, how it is accessed, and the level of finishes required. 1224.14.2 Support areas
Amended existing language to allow for support areas that service nursing units to be shared if there is direct access, including nurses’ office, a clean utility/workroom, soiled workroom or soiled holding room, nourishment area and equipment storage room.
1224.14.2.15 Special bathing facilities
Amended existing language for special bathing facilities to be optional. Per review with CDPH, special bathing facilities for roll-in gurneys should not be a requirement as there are several other methods of bathing or cleaning bedridden patients. 1224.15.1 General
Amended existing language to clarify that a sterile core where clean equipment is stored prior to bringing into an operating room is required to be in a restricted area. 1224.15.2.2 Procedure room(s)
Added a pointer to the requirements for a procedure room. The following section 1224.15.2.2.1 was renumbered.
1224.16.3 Recovery and Post-Anesthesia Care Unit (PACU) Amended existing language to clarify the clearances required between beds and the access aisle at the foot of a bed.
1224.18 Radiological/diagnostic imaging service space
Amended existing language to provide direction for applying the new classes of imaging rooms. To alleviate confusion, pointers are provided to Table 1224.4.11.4a and to address more acute-level procedures using imaging systems in hybrid operating rooms.
59 Item 8 C.
14 1224.18.1 Minimum requirements
Amended existing language to allow a CT scanner to be used as the primary imaging modality once Title 22 is revised. Existing language was also amended to allow the space used for processing images to also be used exclusively for viewing, as processing technology is no longer required on newer equipment. Requirements for handwashing stations were added to provide direction for applying the new classes of imaging rooms.
1224.18.1.1 Radiation protection
Added requirements for radiation protection in the new classes of imaging rooms. 1224.18.1.2 Multiple-modality devices
Added new language to clarify that when two or more modalities are integrated into one device, the requirements of both must be met. This would apply to space requirements, radiation protection and any differences in the requirements. 1224.18.4 Magnetic resonance imaging (MRI)
Added new language to provide safety zones for MRIs. Existing language for the imaging equipment room was amended to align with other imaging equipment room annotation.
1224.18.5 Ultrasound
Amended existing language to properly identify an ultrasound exam room. An exception is added to not require a directly accessible toilet if only specific exams are conducted. Language is added for the requirements of a processing room if it is to be provided as a support service.
1224.19.7 Support areas for staff
Amended existing language to align with Title 22 and Board of Pharmacy regulations that pharmacy staff lounge, lockers and toilet may be readily accessible in lieu of immediately accessible.
1224.20.3 Outside service
Amended existing language to clarify that if a temporary mobile kitchen is approved by CDPH for use during construction, a separate warming kitchen is not needed internally.
1224.22 Central sterile supply
Per a request from CDPH, amended existing language to clarify that a central sterile supply process includes distinct spaces within one or more rooms. 1224.25 Employee dressing rooms and lockers
Amended existing language to clarify that the lockers must be separate from the toilet room and not within it.
1224.28.2.1 Procedure room and 1224.28.2.3 Equipment space Amended existing language to update “x-ray” to “imaging” equipment. 60 Item 8 C.
15 1224.28.4.8 Imaging equipment room
Amended existing language for the imaging equipment room to align with other imaging equipment room annotations.
1224.28.4.12 Staff changing areas
Amended existing language to clarify that both male and female staff changing areas are required as interventional procedures are equivalent to surgery and have the same changing requirements.
1224.28.5.2 Control room
Added new language to allow cameras to be used for patient observation in hybrid operating rooms as the configuration of the rooms may prevent full patient visibility within the equipment bore from within the control room. 1224.28.5.5.2 iMRI
Corrected reference pointer in Item 3 of 1224.28.5.5.2 to indicate that the anteroom must comply with Section 1224.18.4.2, Item 2.
1224.28.5.5.3 Vascular imaging
Corrected reference pointer to indicate that hybrid operating rooms with vascular imaging systems must comply with Section 1224.18.4.
1224.29.1.12 Medication station
Added to existing language to clarify that refrigerated storage is required for the medication station in an ICU.
1224.29.1.13 Airborne infection isolation room
Amended existing language to clarify that ICU units that are protected environments do not require airborne infection isolation rooms as all rooms are already negative pressure.
1224.29.2 Newborn intensive care units (NICU)
Amended existing language to clarify that the headwall in a NICU does not need to be 13 feet long as in an ICU. This would force the NICU bed spaces to be much larger than needed.
1224.30 Pediatric and Adolescent Unit
Amended existing language to align with Title 22 language for pediatric and adolescent units, and clarified that both an exam room and a treatment room are required in or adjacent to the pediatric unit.
1224.31.1.1 General
Amended existing language to clarify that the requirements for a psychiatric nursing unit in Section 1224 is for a psychiatric medical unit and Section 1228 is for a psychiatric ambulatory unit.
61 Item 8 C.
16 1224.31.1.10 Occupational therapy
Amended existing language to remove the requirement for an area for teaching daily living activities.
1224.31.1.17 Administrative center(s) or nurse stations(s) Added new language to state that a nurse station can be no further than 90 linear feet from the furthest patient room doorway. This is a Title 22 requirement for a medical psychiatric unit which was not currently in the building code.

Chapter 14 – Exterior Walls
California Energy Commission
1404.3.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment added to prevent confusion between climate zones identified in ICC model codes and climate zones identified in the California Energy Code and to crossreference Table 1202.3.1, which describes the differences between these codes.

Chapter 16 – Structural Design
Office of Statewide Health Planning and Development
1605.2 (Formerly 1605.3.2) Alternative allowable stress design load combinations
Added variable load requirement for the alternative allowable stress design load combinations for OSHPD 1R, 2B and 5.

Table 1613.2.3(1) and Table 1613.2.3(2)
Amendment language for Site Class E (Table 1613.2.3(1) only) and Footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35.

Division of the State Architect
1617.3.2 Alternative allowable stress design load combinations Added variable load requirement where the alternative allowable stress design load combinations of Section 1605.2 are used.

Chapter 16A – Structural Design
Division of the State Architect and
Office of Statewide Health Planning and Development
Updates, clarifications and revisions to ASCE 7 standards: Seismic ground motion values, response modification coefficient; Two-Stage Analysis Procedure; Horizontal and Vertical Irregularities for Seismic Design Categories; Foundation connections; Wall, Roof or Floor Hung Equipment; Provisions for piping and tubing systems. 62 Item 8 C.
17 1605A.2 Alternative allowable stress design load combinations Added a variable load requirement for the alternative allowable stress design load combinations.

Table 1613A.2.3(1) and Table 1613A.2.3(2)
Amendment language in Site Class E (Table 1613.2.3(1) only) and footnote C to be consistent with ASCE 7-16 Supplement 3 as amended in CBC Chapter 35. 1617A.1.3 ASCE 7, Section 11.4
Modifications to ASCE 7 including an amendment added to adopt ASCE 7-16 Supplement 3 which updates various subsections in ASCE 7-16 Section 11.4 to the seismic ground motions values.
1617A.1.5 ASCE 7, Section 12.2.3, 12.2.3.1, and 12.2.3.2 Amended to incorporate the ballot change proposals related to combining of different lateral force resisting systems and the Two Stage Analysis Procedures that passed main committee ballot of ASCE 7-22. Some of these amendments will need to be deleted when ASCE 7-22 is adopted to avoid duplication. 1617A.1.10 ASCE 7, Section 12.3.3.1
Exception 2 added to address structures having a horizontal structural irregularity Type 1b of Table 12.3-1.
1617A.1.16 ASCE 7, Section 12.13.9.2
Clarification added that lateral building response including seismic load combinations do not need to be considered concurrently with differential settlements for shallow foundations on liquefiable sites, and to clarify that force demands due to differential settlements are not required to be additive to the seismic earthquake demands.
1617A.1.18 ASCE 7, Section 13.1.4
This section applying to different types of equipment is now being co-adopted by DSA with varying weight requirements. Wall, Roof or Floor Hung Equipment requirements added by both DSA and OSHPD.
1617A.1.27 and 1617A.1.28
Clarification added that minimum horizontal acceleration requirement is an allowable stress design load.

Chapter 17 – Special Inspections and Tests
Office of Statewide Health Planning and Development
1705.3.9 (formerly 1705.19) Shotcrete and 1705.3.9.1 (formerly 1705.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
63 Item 8 C.
18 1705.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in an amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5.

Chapter 17A – Special Inspections and Tests
Division of the State Architect and
Office of Statewide Health Planning and Development
1705A.3.9 (formerly 1705A.19) Shotcrete and 1705A.3.9.1 (former 1705A.19.1) Visual examination for structural soundness of in-place shotcrete Existing amendments about shotcrete inspections and tests relocated to Section 1705.3 that addresses concrete construction.
1705A.3.9.2 Preconstruction tests
ICC deleted requirements for shotcrete from the model code Section 1908 as they are now incorporated in referenced standard ACI 318-19, so OSHPD added new section 1705.3.9.1 to incorporate requirements previously located in amendment to Section 1908A.10.2 and model code Sections 1908.4.1 and 1908.5. 1705A.8.1 Micropile tests and 1705A.9.1 Helical pile tests Added preproduction and production load tests requirements. 1705A.13.5.2 Structural sealant glazing and 1705A.14.2.1 Structural sealant glazing testing
Added testing, manufacturer’s certification, and special inspection requirements.

Chapters 18 and 18A – Soils and Foundations
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments regarding construction documentation, seismic designs of precast concrete piles and corrosion protection throughout Chapters 18 (OSHPD only) and 18A (OSHPD and DSA) are to correspond with revisions and updated references in model code regarding OSHPD and DSA occupancies and compliance to ACI 318 and ASCE 7.

Chapter 19 – Concrete
Office of Statewide Health Planning and Development
1901.3.4 Tests for post-installed anchors in concrete and 1901.3.4.3 Test frequency
OSHPD 2A excluded from the scope of Section 1901.3.4. Exception added for OSHPD 2B to clarify that for in-state detention and correctional facilities, tension 64 Item 8 C.
19 testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances.
1905.1.7 ACI 318, Section 14.1.4
Amendment to ACI 318 has been revised to not permit plain concrete in place of required longitudinal reinforcing of footings in Seismic Design Categories D, E and F.
1908 Shotcrete
The model code has repealed all shotcrete requirements in favor of those contained in the new version of the adopted material standard ACI 318-19, so some amendments have been relocated to Section 1905 or 1705 and amendments were added to coordinate with the updated standards.

Division of the State Architect
1909.2.8 Flat wall insulating concrete form (ICF)
Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction. 1909.3 Modifications to ACI 318 and 1909.4 Shotcrete
Existing amendments revised as necessary to coordinate with the new version of the adopted material standard ACI 318-19. The 2021 IBC repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19, so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.

Chapter 19A – Concrete
Division of the State Architect and
Office of Statewide Health Planning and Development
1903A.4 Flat wall insulating concrete form (ICF) systems Amendment to facilitate the enforcement of code and industry standards where appropriate based on unique aspects of ICF construction (DSA only). 1905A.1.3 ACI 318, Section 9.6.1.3
Amendment to allow the minimum steel reinforcement limit given in the adopted material standard ACI 318-19 to apply to foundation members resisting seismic loads designed for load combinations, including the overstrength factor.

Sections 1905A.1.15, 1905A.1.16, 1908A
The 2021 IBC has repealed shotcrete requirements in deference to requirements contained in the adopted material standard ACI 318-19 so continued DSA amendments associated with the repealed model code language are relocated to amend the applicable sections.
65 Item 8 C.
20 1910A.5.3 Test frequency
Exception added for OSHPD 4 to clarify that in state detention and correctional facilities, tension testing is not required for post-installed anchors used for attaching nonstructural components under certain circumstances (OSHPD only).

Chapter 21 – Masonry
California Energy Commission
2109.2.4.8.2 Vapor permeance
Amendment added with specific reference to Table 1202.3.1 to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Division of the State Architect
2115 Additional requirements for community colleges
Existing amendments in sections 2115.5, 2115.6, 2115.7 and 2115.9 revised as necessary to align with changes DSA and OSHPD made in sections 2104A.3, 2105A.2 and 2106A.1, and changes OSHPD made in 2104.2, 2105.2 and 2106.1. All the above-mentioned amendments in Chapters 21 and 21A have been made to provide better clarity and alignment with TMS 402/602.

Office of Statewide Health Planning and Development
Sections 2101, 2103, 2104, 2105, 2106, 2107 and 2108
Added a new occupancy classification OSHPD 2B to address skilled nursing and intermediate care facilities to distinguish application to care facilities other than OSHPD 2A regarding grout pours, approved masonry admixtures and quality assurance measures. Revisions also made to the existing amendments to provide better clarity and alignment with TMS 402/602.
2103.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
2103.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.

Chapter 21A – Masonry
Division of the State Architect and
Office of Statewide Health Planning and Development
2103A.4 Metal reinforcement and accessories
Amendment added clarifying that unidentified reinforcement also includes bar reinforcement without mill certification.
66 Item 8 C.
21 2103A.5 Air entrainment
Amendment repealing the use of air-entraining materials or air-entraining admixtures in masonry grout.
2104A Construction, 2105A Quality assurance, 2106A Seismic design, 2107A Allowable stress design and 2108A Strength design of masonry Revisions to existing amendments including relocation to other sections that modify associated sections in TMS 402 and 602 and adding amendments to provide better clarity and alignment with the referenced standards.

California Energy Commission
2109.2.4.8.2 Vapor permeance. Exception
Amendment to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code, and to cross-reference Table 1202.3.1 that describes the differences between these codes.

Chapter 24 – Glass and Glazing
Division of the State Architect and
Office of Statewide Health Planning and Development
2410 Structural sealant glazing (SSG)
OSHPD 2A facilities excluded from the scope of Section 2410. 2410.1.2 Testing and inspection
In Item 1, the reference to ASCE 7 Section 13.5.9.2 is removed for clarity, as the language contradicts the requirements of Item 1 by allowing engineering analysis in lieu of testing. DSA added an exception to reduce testing requirements for Risk Category I, II, and III buildings within DSA-SS and DSA-SS/CC authority where the prevention of glass fallout is not dependent on the structural sealant in two-sided configurations.

Chapter 25 – Gypsum Board, Gypsum Panel Products and Plaster California Energy Commission
2510.6.3 California Energy Code and International Energy Conservation Code Climate Zones
Amendment with reference to Table 1202.3.1 pertaining water-resistive barriers and applicability of climate zone criteria to distinguish between climate zones identified in ICC model codes and climate zones identified in the California Energy Code. 67 Item 8 C.
22 Chapter 27 – Electrical
State Fire Marshal
Section 2702 Emergency and Standby Power Systems
[F] 2702.1.2 Fuel-line piping protection
Added new Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access to the section.

Chapter 31 – Special Construction
California Building Standards Commission
3109.2 California swimming pool safety act (statewide)
Amended to reflect Senate Bill 1078, Statutes of 2018.

Department of Housing and Community Development
3115 Intermodal Shipping Containers, Exception 5
Adopted IBC Section 3115 and added an amendment to clarify that the use of shipping containers constructed or converted off-site that qualify as Factory-built Housing pursuant to HSC Section 19971 or Commercial Modular(s) pursuant to HSC Section 18001.8, must be approved by HCD.

State Fire Marshal
3111.3.5 Elevated photovoltaic (PV) support structures and 3111.3.5.1 PV panels installed over open grid framing or non-combustible deck Amendment establishing appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.

Division of the State Architect
3115 Intermodal shipping containers
Added regulations regarding the use of shipping containers.

Chapter 31B – Public Swimming Pools
Department of Housing and Community Development
Chapter 31B Public swimming pools
Adopted as applicable to swimming pools which are permanent accessory structures in Mobilehome Parks (MHP) and Special Occupancy Parks (SOP). The adoption provides health and safety standards similar to those for public pools outside of MHPs and SOPs.
68 Item 8 C.
23 Chapter 35 – Referenced Standards
Division of the State Architect and
Office of Statewide Health Planning and Development
Amendments to update the edition of various referenced standards including but not limited to AAMA 501.4, AAMA 501.6, ACI 355.2 and ACI 355.4. Add amendment to adopt Supplements 2 and 3, in addition to Supplement 1 of ASCE/SEI 7-16. Add amendments to adopt 506.4R-94 and 506.6T-17 for facilities within OSHPD authority.

State Fire Marshal
ASTM F2374 Standard Practice for Design, Manufacture, Operation, and Maintenance of Inflatable Amusement Devices
Added provisions for inflatable amusement devices.

Several updates to NFPA referenced standards including NFPA 10-21, 13-22, 13D22, 13R-22, 24-19, 37-18, 54-18, 72-22, 111-19, 130-20, 289-19, 502-20 to follow 2021 IBC model code revisions and to align with state laws and regulations based on California specific topographical, climatic and geological issues.

NFPA 13-22 Installation of Sprinkler Systems
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.

NFPA 45-19 is deleted since it conflicts with CFC regulations.

NFPA 72-22 National Fire Alarm and Signaling Code
Corrections made to the referenced standard to resolve conflicts in requirements for positive alarm features and pre-signaling devices in I-2 and R2.1 occupancies affected by CBC Section 1008.3.2 regarding signaling delay issues and emergency power and egress illumination.
69 Item 8 C.
24 CALIFORNIA RESIDENTIAL CODE – PART 2.5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

State Fire Marshal

1.11.1 Specified State-occupied Buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.

Chapter 2 – Definitions
State Fire Marshal
Added new DEFINITIONS to support 2022 code changes: Child Care; Exterior Wall Assembly; Exterior Wall Covering; Inflatable Amusement Device; Photovoltaic (PV) Panel System, Ground Mounted; Photovoltaic (PV) Support Structure, Elevated; Toddler; Wildland-Urban Interface (WUI).

Chapter 3 – Building Planning
Department of Housing and Community Development
R301.2.2.10 Anchorage of water heaters
Repealed model code language about seismic design categories and replace references to IRC sections not adopted in California with reference to CPC.

R320.2 Live/work units
Amendment to correct references to CBC Chapters 11A and 11B for accessibility requirements.
70 Item 8 C.
25 R327 Aging-in-place design and fall prevention
Added new section that replaces IRC Section 327, Swimming Pools, Spas and Hot Tubs. Added to address specific aging-in-place design elements in new residential construction to facilitate access to operational features and to allow people to stay longer in their homes as they age.

State Fire Marshal
R310.1 Emergency escape and rescue opening required
Repealed language that conflicts with the CFC and California Code of Regulations, Title 19, Public Safety.

R313.3.2 Sprinklers
Amended existing California amendment to add dry pipe sprinkler.

R324.8 Elevated photovoltaic (PV) support structures, R324.8.1 and R324.8.2 Added new sections to establish appropriate fire testing and listing criteria for overhead photovoltaic (PV) support structures that could have people or vehicles in the space beneath them.

Figure R328.8.1 ESS vehicle impact protection
Added to illustrate the zones in which a typical residential garage Energy Storage System (ESS) installation would trigger the need for impact protection.

R328.8.2 Other locations subject to vehicle impact
Added to address other-than-garage locations that may also have vehicle access, such as residential driveways, and allows some flexibility to the AHJ and installer for larger, non-typical, or custom residential garages where the normal path of vehicle travel falls outside of the area defined in R328.8.1.

R328.8.3 Impact protection options
Added to define an impact protection area and set the expectation that the barriers are intended to deflect, resist or visually deter an impact. This language matches Section 312.3 in the IFC.

R336.2. Health and Safety Code Section 1597.46
Amendment to comply with changes made to the California Health and Safety Code (HSC) by Senate Bill 234 (Chapter 244, Statutes of 2019) regarding large family day-care homes. The revised HSC Section 1597.46 is printed in this section.

R336.6 Compliance
The paragraph regarding enforcement of HSC Sections 13145 and 13146 is repealed to comply with SB 234 (Chapter 244, Statutes of 2019).

R337.2 Definitions
APPLICABLE BUILDING Added to define an applicable building relative to the regulations of Chapter 7A.
71 Item 8 C.
26 EXTERIOR WALL ASSEMBLY and EXTERIOR WALL COVERING Added to distinguish between different exterior wall products in Section 707 of the California Building Code.

FIRE PROTECTION PLAN Modified existing definition to provide a reference pointer to CFC Chapter 49 for Wildland-Urban Interface (WUI) Fire Area requirements.

FIRE-RESISTANT VEGETATION Add new definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.

IGNITION-RESISTANT MATERIAL Revised because SFM Standard 12-7A-5 has been repealed and rendered obsolete.

LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONE Repealed existing definition.

R337.6.2.1 Off ridge and ridge vents
Repealed language regarding vents mounted on a vertical surface that has been incorporated into CBC Section 706A.2 requirements. The new language in R337.6.2.1 allows for a compliance path for off ridge and ridge vents to be used in the wildland urban interface, with protections against ember intrusion.

R337.7.3 Exterior wall coverings and R337.7.3.1 Exterior wall assembly Separated into two sections.

R337.7.4 Exterior wall assemblies and R337.7.4.1 Conditions of acceptance when tested in accordance with ASTM E2707
Revised language to clarify that the fire resistance rating for the newly defined “exterior wall assemblies” is consistent with exterior wall coverings in Section R337.7.3.

R337.10.4 Roof construction
Revised language to clarify that when an accessory building is required to be constructed of noncombustible materials or of ignition-resistant materials, its roof must meet Class A fire rating.

Chapter 4 – Foundations
Department of Housing and Community Development
R408.3 Unvented crawl space
Repealed amendment regarding crawl space perimeter wall insulation and reference to the California Energy Code.
72 Item 8 C.
27 California Energy Commission
R408.8 Under-floor vapor retarder
New Note with a specific reference to Table R702.7(5) in this section regarding the applicability of vapor retarders and insulation with respect to the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Chapter 7 – Wall Covering
Department of Housing and Community Development
R702.7.1 Class III vapor retarders
Repealed amendments pertaining to the California Climate Zones relative to vapor retarders for interior wall coverings. The California Energy Commission amended sections specific to climate zones in CRC Chapters 4, 7, 8, and Appendix AS and in the California Energy Code.

California Energy Commission
R702.7.2 California Energy Code and International Energy Conservation Code Climate Zones.

New section with a specific reference to Table R702.7(5) pertaining to the use spray foam plastic insulation and the difference between the applicability of climate zones identified in ICC model codes and the climate zones identified in the California Energy Code.

Table R702.7(5) IECC vs. California Energy Code Climate Zone Comparison New Table depicting specific differences between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Chapter 8 – Roof-Ceiling Construction
California Energy Commission
R806 Roof Ventilation, Note
Informational Note added to the section with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

State Fire Marshal
R806.1.1 Vents in the Wildland Urban Interface (WUI)
Amended to ensure that where vents are provided in WUI areas, they are required to be protected from the intrusion of burning embers and flame. 73 Item 8 C.
28 Chapter 9 – Roof Assemblies
State Fire Marshal
R902.1.2 Roof coverings within state responsibility areas This existing amendment is repealed to correlate with CBC Chapters 7A and 15 for roof coverings in WUI areas.

Chapter 44 – Referenced Standards
State Fire Marshal
ASTM F2374
Added to address safety requirements for inflatable amusement devices also known as “bounce houses,” and to correlate with the type of devices covered by IFC requirements.

UL 9540-2020
Modifies the existing standard. The second edition of UL 9540 has new requirements that limit the maximum energy capacity of individual nonresidential electrochemical Energy Storage Systems (ESS) to 50 kWh with certain exceptions.

UL 9540A-Edition 4 2019
Modified the existing California amendment to correlate with other updates and new regulations regarding battery ESS.

Appendix AS – Strawbale Construction
California Energy Commission
Appendix AS – Strawbale Construction
Informational Note added to the appendix title heading with specific reference to Table R702.7(5) regarding the applicability of energy efficiency measures and to reinforce the difference between climate zones identified in ICC model codes and climate zones identified in the California Energy Code.

Department of Housing and Community Development
Amended this appendix to repeal references to climate zones and the California Energy Code.
74 Item 8 C.
29 Appendix AX
Building Standards Commission
Swimming Pool Safety Act
Amended the note under the title to reflect this law is mandatory, not optional for local adoption. To align with the CBC, Chapter 31, Appendix AX section numbers were reformatted to reflect the numbering used in HSC 115920 through 115929. 75 Item 8 C.
30 CALIFORNIA ELECTRICAL CODE – PART 3
California Energy Commission
Sections of the California Electrical Code were amended by CEC to assist code users by identifying additional applicable energy efficiency-based electrical requirements in the California Energy Code that are applicable to the following systems:
• Electrical power distribution systems.
• Panelboards in single-family and multifamily buildings • Heat pump water heaters, electric cooktops, electric clothes dryers and their electric readiness in single-family and multifamily buildings • Electrical requirements for energy storage systems (ESS) and their electric readiness in multifamily buildings
Part 3 Chapter Sections
Chapter 1 89.101.8.2
Chapter 4 408.2(A), 408.2(B), 422.3(A),
422.3(B), 440.3(E), 440.3(F)
Chapter 7 706.10
Housing and Community Development

90.2 Scope
New amendment to avoid conflict with text in Section 89.101.3.3 regarding installations in ships, watercraft other than floating dwelling units, railway rolling stock, aircraft, automotive vehicles, commercial coaches, mobile homes and recreational vehicles.

State Fire Marshal
620.71 Guarding Equipment
Repealed California amendment that prohibited the installation of an elevator motor controller and/or motion controller in the hoistway.

Office of Statewide Health Planning and Development
110.2 Approval
Defined new requirements for equipment that must be satisfied in order to be approved by OSHPD for use.
110.26 Spaces About Electrical Equipment. (C) Entrance to and Egress from Working Space. (3) Personnel Doors
Amendment to reference the CBC for additional exit door requirements for electrical equipment room rated 800-amperes or more.
76 Item 8 C.
31 404.4 Damp or Wet Locations. (C) Switches in Tub or Shower Spaces Amendment to reduce the restriction distance for the installation of receptacles from five feet to three feet horizontally. This aligns with model code language in Section 406.9(C).
517.30 Sources of Power. (B) Types of Power Sources. (3) Battery Systems Amendment to allow battery systems to be used as an alternate power source. 517.32 Branches Requiring Automatic Connection. (A) Life Safety and Critical Branch Used in a Type 1 EES
Restore the 10-second restoration time for Type 1 life safety and critical branches. 517.34 Critical Branch. (A) Task Illumination, Fixed Equipment, and Selected Receptacles
Amendment for imaging equipment used for diagnostic services of emergency/trauma patients to be powered by the critical branch or equipment branch.
517.44 Connection to Equipment Branch. (B) Delayed Automatic or Manual Connection to the Equipment Branch. 517.44.1 [OSHPD 2, 4 & 5] Connection to Equipment Branch
Amendment to restore the requirement that Type 2 EES equipment branch load listed in Section 517.44(A) must automatically restore to operation at appropriate time-lag intervals following the energization of the life safety branch. 517.123 [OSHPD 1, 2, 3, 4 & 5] Call Systems
(A) General. Added references to the CBC’s applicable sections for nurse call systems.
(C) Bath Stations. Changed the mounting height requirements for nurse call system “bath station” devices located at the patient toilets.
700.12 General Requirements. (C) Storage Battery
Amendment to require a storage battery system used as an alternate power source to have the equivalent capacity and operating duration as an equivalent generator set operating on an on-site fuel supply.
77 Item 8 C.
32 CALIFORNIA MECHANICAL CODE – PART 4
Chapter 1 – Scope and Application
Building Standards Commission
104.4.3.1 Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

State Fire Marshal

1.11.4.4 Fire Clearance Preinspection and 1.11.4.5 Care Facilities Updated to meet Health and Safety Code Section 13244 and to align with other parts of Title 24 regarding fee structures for Fire Clearance Pre-inspection and Care Facilities.

1.11.6 Certificate of Occupancy
Updated to correlate with the requirements for certificate of occupancy in the CBC.

California Energy Commission
Section 1.1.8 California Energy Code Requirements for Locally Adopted Energy Standards
Amendment clarifies that “local jurisdictions that adopt changes to energy conservation or insulation standards (including energy efficiency measures) may not enforce such changes until the California Energy Commission has made the findings required by Public Resources Code Section 25402.1(h)(2), following the process specified in Section 10-106 of the California Administrative Code.” 78 Item 8 C.
33 Chapter 2 – Definitions
Office of Statewide Health Planning and Development
228.0 Z
ZONE [OSHPD 1, 2, 3, 4 & 5]
New code section has been added. OSHPD has added the definition of Zone to OSHPD 1, 2, 3, 4 & 5 to specify the meaning of this term within Part 4 and reduce confusion.

Chapter 3 – General Regulations
Department of Housing and Community Development
311.2 Air Filters
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.

California Energy Commission
Section 311.5 California Energy Code Requirements for Residential Air Filtration
New code section added pointers specifying requirements for outdoor air delivery to occupied spaces where specified in California Energy Code Sections 150.0(m)12 and 160.2(b).

Chapter 4 – Ventilation Air
Building Standards Commission
402.1 Occupiable Spaces
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.

Department of Housing and Community Development
405.3 Bathroom Exhaust
Amendment providing a reference pointer to CALGreen (Part 11 of Title 24), Division

4.5, Environmental Quality.

Office of Statewide Health Planning and Development
407.5.1.3 Variable Air Volume
Amendment clarifies that spaces with pressure requirements per Table 4-A shall utilize an automatic modulating damper in the return or exhaust air for each space and that the damper will modulate from full open to minimum position in conjunction with the supply air VAV terminal equipment.
79 Item 8 C.
34 407.6 Economizers
New code section requires that systems with economizers shall include modulating relief and/or return fans to ensure compliance with the pressure requirements of spaces listed in Table 4-A.
420.0 Air Distribution Devices [OSHPD 1, 2, 3, 4 & 5]
New code section requires all air distribution devices and supply air outlets meet ASHRAE 170-2013, Section 6.7.2 and Table 6.7.2. This is consistent with other regulations that address prevention measures to abate disease-causing microorganisms within mechanical systems.

Chapter 6 – Duct systems
Department of Housing and Community Development
601.2 Sizing Requirements
Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking 603.10.1.1 Duct Leakage Tests for Residential Buildings Repealed amendment in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking.

California Energy Commission
Section 601.2.1 California Energy Code Residential Return Duct Sizing Requirements
New code section applicable to new construction and alterations with pointers to California Energy Code Tables 150.0-B and 150.0-C to specify return duct sizing requirements for single return and multiple return duct systems, respectively. 603.9.2.1 Duct Leakage Tests for Buildings that Meet Air Distribution System Duct Leakage Sealing Criteria in Title 24, Part 6
New code section with pointers to the California Energy Code applicable to singlefamily and multifamily buildings, hotels/motels and nonresidential buildings.

Chapter 9 – Installation of Specific Appliances
Department of Housing and Community Development
911.2.2 In Manufactured Homes and 912.1 1 Prohibited Installations and Exception
HCD does not adopt model code sections 911.2.2 and 912.1.1 to avoid possible conflict and to properly align with CCR, Title 25, and HSC Section 18025 regarding references and standards incorporated by reference for construction of manufactured homes, including decorative gas appliances for installation in fireplaces. HCD has reserved these sections accordingly.
80 Item 8 C.
35 Chapter 11 – Refrigeration
State Fire Marshal
1104.6 Applications for Human Comfort and for Nonindustrial Occupancies Exceptions 1 and 2 added to allow the use of A2L refrigerant in specific selfcontained factory sealed air conditioning units.

Chapter 12 – Hydronics
Department of Housing and Community Development
1217.5.2 Insulation, 1217.7 Wall and Ceiling Panels and 1220.4.5 Insulation HCD repealed amendments in the exceptions referencing the California Energy Code, since the California Energy Commission included this amendment in their rulemaking for insulation requirements for concrete radiant flooring heated slabs, pipe insulation, and concrete snow melt heated slab floors.

California Energy Commission
1217.7.1 California Energy Code Pipe Insulation Requirements New code section to reference the California Energy Code Sections 150.0(j)2 and 120.3(c) for pipe insulation requirements based on fluid temperature and pipe diameter. Also, where California Energy Code Table 120.3-A specifies insulation greater than R-12, the higher value is required.
1220.4.5.1 California Energy Code Insulation Requirements for Heated Slab Floors
New code section to reference the California Energy Code Section 110.8(g) and Table 110.8-A for additional insulation requirements for heated slab floors. Also, a higher level of insulation is required for Climate Zone 16, and more detailed requirements for installing insulation are specified in all climate zones. 81 Item 8 C.
36 CALIFORNIA PLUMBING CODE – PART 5
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties Chapter 4 – Plumbing Fixtures and Fixture Fittings
Building Standards Commission
412.1.4.1 Nonwater Urinals with Drain Cleansing Action
Changed the term from “Urinals, Hybrid.”
Building Standards Commission and Division of the State Architect Table 4-1 Occupant Load Factor
Co-adopted with BSC, who made the changes during the 2019 Intervening Code Adoption Cycle.
422.1 Fixture count and Table 422.1
Co-adopted with BSC to permit an alternate Table 4-1 (replaced Table A) as an exception which can be used if the jurisdiction has adopted it. In the 2019 edition of the CPC, DSA inadvertently omitted the language. DSA co-adopted the BSC amendment in the statement at the top of Table 422.1 to allow usage of Table 4-1 as an alternate for calculations.

Table A/Table 4-1
Table A is superseded by Table 4-1 which incorporates numerous additions, deletions and revisions for determining plumbing fixture count minimums. 82 Item 8 C.
37 California Energy Commission
401 General
Amended to prevent confusion regarding the interaction between standards for plumbing fixtures and fittings subject to regulation as water-using appliances, and standards for plumbing systems specified in adopted model code language.

Chapters 5 and 6 – Water Heaters and Water Supply and Distribution California Energy Commission
501 General and 609.12 Residential Fire Sprinkler Systems Amended to assist readers of the CPC by identifying additional energy efficiency requirements applicable to water heating systems and pipe insulation.

Chapter 6 – Water Supply and Distribution
State Fire Marshal
612.2 through 612.7.2 Water Supply and Distribution
Removed residential fire sprinkler systems from California Plumbing Code, and comply with California Residential Code and California Fire Code.

Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems Office of Statewide Health Planning and Development
1304.1.1 [OSHPD 1, 1R, 2, 3, 4 & 5]
Added a reference to the California Fire Code Chapter 80. 1304.1.2 [OSHPD 1, 1R, 2, 3, 4 & 5]
New exception that a medical gas source system serving only an OSHPD 1R or 3 building may be located within it.

Chapter 15 – Alternate Water Sources for Nonpotable Applications Department of Water Resources
1505.1 General
Amended this section to clarify the applicability of Section 1505 to landscape irrigation systems using recycled water.
1505.4 Connections to Potable or Recycled Water Supply Systems – Exception (4)
Added an exception for the use of a swivel ell or changeover device to supply potable water to a dual-plumbed system during an interruption in recycled water service. 83 Item 8 C.
38 Chapter 17 – Referenced Standards
Office of Statewide Health Planning and Development
Table 1701.1
Added ANSI/AAMI reference standard for water treatment equipment for hemodialysis applications.
84 Item 8 C.
39 CALIFORNIA ENERGY CODE – PART 6
Please visit the California Energy Commission’s website for Part 6 updates. energy.ca.gov/programs-and-topics/programs/building-energy-efficiencystandards/online-resource-center/overview 85 Item 8 C.
40 CALIFORNIA FIRE CODE – PART 9
Overview
State Fire Marshal
The Office of the State Fire Marshal (SFM) has authority for the building standards in the California Fire Code (CFC). Unless otherwise noted, all updates noted in this section were made by SFM.

The bulk of amendments regarding Energy Storage Systems (ESS) occur in Chapters 1, 2, 9, 12 and Chapter 80, Referenced Standards. SFM repealed California ESS Intervening Code Adoption Cycle amendments and definitions that were early adopted ICC provisions in the 2019 Intervening Code Adoption Cycle, then adopted and replaced with unamended 2021 International Code Council (ICC) model code provisions in several chapters.

The bulk of amendments regarding Type IV construction—tall wood/mass timber and cross-laminated timber—occur in Chapter 7 Section 701.6, Chapter 9 Section 914.3.1.2, and Chapter 33 Section 3303.5, based on changes in model code. SFM repealed California tall wood/mass timber amendments that were early-adopted ICC provisions in the 2019 Intervening Code Cycle, then adopted and replaced with unamended 2021 ICC model code provisions.

Part 9 Chapter Sections
Chapter 2 202 Definitions
MASS TIMBER (CA amended defined term remains)
Chapter 7 Section 701 General
701.6 Owners responsibility (Updated model code
references)
Chapter 9 Section 914 Fire Protection Based on Special Detailed Requirements of Use and Occupancy
914.3.1.2 Water supply to required fire pumps. (CA
amendment remains)
Chapter 33 Section 3303 Owners Responsibility for Fire Protection. 3303.5 (Adopted model code section and repealed
California Section 3308.9)
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This 86 Item 8 C.
41 amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

State Fire Marshal

1.11.1 Scope Specified state-occupied buildings
New definition with 11 criteria has been added in response to Senate Bill 85 (Chapter 31, Statutes of 2019) that required the State Fire Marshal to provide a more accurate definition.

1.11.6 Certificate of Occupancy
Amendment referencing CBC Section 105.2 to clarify work exempt from permitting requirements.
105.6.53 Lithium batteries
Amendment to require an operational permit for an accumulation of more than 15 cubic feet of lithium-ion and lithium metal batteries and storage shall comply with new amendments in CFC Section 322.

Chapter 2 – Definitions
CHILD CARE Added a new defined term for child care that is consistent with Title 22 (Social Security) of the California Code of Regulations.

DAY-CARE Amended the defined term day-care to specify the time period for the care of persons is not to exceed 24 hours, and is to be consistent with Title 22.

INFLATABLE AMUSEMENT DEVICE New defined term to specify characteristics of inflatable structures that need to be properly constructed and anchored.

MOBILE FOOD PREPARATION VEHICLES Repealed this term to align with California Code of Regulations Title 25, Housing and Community Development. See Chapter 3 changes below.

PHOTOVOLTAIC (PV) PANEL SYSTEM, GROUND-MOUNTED New defined term to be consistent with references in CBC Chapters 16 and 31, CRC Chapter 3 and CFC Chapter 12.

PHOTOVOLTAIC (PV) SUPPORT STRUCTURE, ELEVATED New defined term for an elevated PV support structure designed with useable space underneath intended for secondary use such as providing shade for motor vehicle parking. Requirements for installation are addressed in CBC Chapters 15 and 16. 87 Item 8 C.
42 TODDLER New defined term to align with the legal definition of toddlers from Health and Safety Code Section 1596.55. By distinguishing age differences, officials will be able to classify the related occupancies based on social services’ classifications used for licensing.

Chapter 3 – General Regulations
User Note, Section 301.2 Permits and Section 319 Mobile Food Preparation Vehicles
Repealed model code and references to mobile food vehicles throughout the code to address concerns regarding conflicting jurisdiction requirements between Title 25 and the CFC.

Section 322 Storage of Lithium-ion and Lithium Metal Batteries Adopted new section to address safety requirements, as well as associated sections in Chapter 4 below.

Chapter 4 – Emergency Planning and Preparedness
403.10.6 Lithium-ion and lithium metal batteries and 403.10.6.1 Mitigation planning
Amendments in these sections address fire safety and emergency action regarding battery storage and mitigation planning in the event of thermal runaway.

Chapter 9 – Fire Protection and Life Safety Systems
Amendments in this chapter address nearly every subsection regarding every occupancy and SFM application.

SFM repealed several California amendments and adopted 2021 IFC model code language for automatic sprinkler systems, energy storage systems, explosion control, venting, and gas detection systems.

Major amendments were made to requirements for compliance with updated NFPA 72 standards in model code regarding solar photovoltaic power systems, portable fire extinguishers and gas detection systems.
907.2.6.4 Group I-4
New section to include the intent of the smoke detection requirements for Group I-4 occupancies with a reference to Section 436.1.
907.2.11.8 Specific location requirements
Modified to address the references based on changes to both the NFPA 72 Standard

29.11.3.4, and the model code regarding smoke alarms and smoke detection systems.
88 Item 8 C.
43 913.1 General
Amend the exception for automatic sprinkler pumps to correlate with the California Residential Code section R313.

Chapter 10 – Means of Egress
1032.2.1.2 Maintenance and 1032.2.1.3 Examination
Adjustments and revisions to address maintenance requirements for fire escapes that have been relocated to Section 1032.

Chapter 12 – Energy Systems
Sections 1202, 1203, 1204, 1205, 1206 and 1207
Repealed, renumbered, amended and carried forward existing amendments in Chapter 12 to adopt updated 2021 IFC model code language. 1207.11.7 through 1207.11.7.3
Section 1207.11.7
Amendments regarding specific appliances, ESS equipment and devices that need protection from impact in a clearly defined area in residential garages and carports.

Figure 1207.11.7.1
Added to illustrate the zones in which a typical residential garage ESS installation would trigger the need for impact protection, following prescriptive barrier and post designs.

Chapter 31 – Tents, Temporary Special Event Structures and Other Membrane Structures
3101.1 Scope
Carried forward existing amendments and added new amendment regarding temporary structures, water filled vessels and inflatable amusement devices. 3103.8.2 Location
Repealed the reference to Title 19 regulations regarding vehicle parking near tents. 3103.9.1 Water Filled Vessels
Amendment requiring the tent manufacturer to provide the documentation permitting use of water filled vessels for anchoring and securing their tents.

Section 3106 Inflatable Amusement Devices
Amendment requiring basic design and safety criterion in accordance with ASTM F2374 for inflatable amusement devices also known as “bounce houses.” Chapter 38 – Higher Education Laboratories
IFC Chapter 38 is omitted in its entirety to correlate with the California Building Code and amendments regarding the Group L occupancy.
89 Item 8 C.
44 Chapter 49 – Requirements for Wildland-Urban Interface (WUI) Fire Areas The WUI amendments to the CFC were developed through the Office of the State Fire Marshal WUI task group and collaboration with local fire departments, state agencies, building industry, testing labs, and stakeholders.

The user note under the Chapter 49 title is added to give the code user a general understanding and background information on the development process of the regulations and their application.
4902 Definitions
FIRE-RESISTANT VEGETATION New definition of plants less likely to ignite, contribute heat or spread flame. Also provides a list of resources for more information about these types of plants.

LOCAL RESPONSIBILITY AREA (LRA) Amended to be consistent with language used in rest of the WUI regulations.
4903 Plans
Added to grant authority to local fire officials to require building owners to provide a fire protection plan to mitigate the wildfire hazards that may exist based on a projectspecific wildfire hazard assessment that includes considerations of location, topography, aspect, and climatic and fire history.

The fire protection plan shall address fire department access, egress, road and address signage, water supply, fuel reduction and defensible space requirements in accordance with the California Public Resources Code.
4904.3 Local Agency Requirements
New amendment establishes requirements for local agencies to provide information to the public regarding the identification of very high fire hazard severity zones (VHFHSZ) within a 30-day period. Other new requirements in this subsection address local agency responsibilities and duties to develop fire severity zone maps accessible to the general public, as well as requirements to designate by ordinance VHFHSZ.

Section 4906 Vegetation Management
New amendments in this section include additional requirements for the development, identification and maintenance of the vegetation management zones adjacent to structures, as well as design criteria for specific types of fire-resistant and non-fire-resistant vegetation.
4908 Fire Safe Development Regulations & Section 4909 Subdivision Review Survey
New code sections added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires a survey of local governments every five years to identify existing subdivisions in the state responsibility area (SRA) or VHFHSZ without a secondary egress route. Subsections authorize the Board of Forestry and SFM-specified local 90 Item 8 C.
45 government bodies to make recommendations to include creating secondary access or access road improvements, among other options.
4910 General Plan Safety Element
Added to comply with AB 2911 (Chapter 641, Statutes of 2018) which requires cities and counties to adopt a comprehensive general plan with various elements including a safety element for protection of the community from unreasonable risks associated with various hazards, including wildfires.

Chapter 80 – Referenced Standards
Amended several referenced standards to correlate with model code revisions and new California amendments.

ASTM F2374
Added regarding provisions for inflatable amusement devices.

Appendix P – Community Wildland-Urban Interface (WUI) Fire Hazard Evaluation Framework
Although SFM does not adopt Appendix P statewide in the California Fire Code, when adopted by local jurisdictions and fire districts, this appendix is meant to be a tool to enable communities to collect, assemble and represent the associated risks within a WUI fire area.
91 Item 8 C.
46 CALIFORNIA EXISTING BUILDING CODE – PART 10
Chapter 1 – Scope and Application
Building Standards Commission
R105.5.1 [Permit] Expiration
New section changed permit expiration from 180 days to 12 months. Includes a provision stipulating that every permit shall remain valid if the work on the site authorized by the permit is commenced within 12 months after its issuance. This amendment also allows for permit extensions; the exception being when the work authorized by the permit is determined to have been abandoned. The new code language reflects statutory requirements in Assembly Bill 2913 (Chapter 655, Statutes of 2018), which became operative January 1, 2019 and amended Health and Safety Code (HSC) Section 18938.5(b)(2)(B) and added HSC Section 18938.6 to Building Standards Law.

CBSC Information Bulletin 19-03 regarding permit expiration dates was issued May 23, 2019 to local building departments, state agencies and CBSC interested parties.

Division of the State Architect

1.9.2.1.4 Reference to other chapters and 1.9.2.2.4 Reference to other chapters Added to redirect references for public schools and community colleges to the applicable “A” chapters of the CBC.

State Fire Marshal

1.11.1 SFM—Office of the State Fire Marshal
Added a definition of Specified State-occupied Building.

1.11.4.4 Fire clearance preinspection and 1.11.4.5 Care facilities Update the fees that are charged for inspections to meet the requirements of Health and Safety Code Section 13244.

1.11.6 Certificate of Occupancy
Correlated the requirements for certificate of occupancy with the regulations in the California Building Code.

Chapter 2 – Definitions
Building Standards Commission and Division of the State Architect 202 General Definitions
Relocated existing definitions for BUILDING OFFICIAL and ENFORCEMENT AGENCY from Section 318.1 to Section 202.
92 Item 8 C.
47 Division of the State Architect
201 General
Adopted Section 201 (it was not adopted in 2019 CEBC).
201.3 Terms defined in other codes
Amended to reference applicable sections of the California Administrative Code (Part 1 of Title 24) where the definitions contained therein govern.

Chapter 3 – Provisions for All Compliance Methods
Building Standards Commission and Division of the State Architect Table 317.5 Minimum seismic design performance levels for structural and nonstructural components
Revised table footnote #2 and added footnote #3 to clarify that there are two alternate compliance paths in addition to the criteria presented in the table. 317.8 ASCE 41 Chapter 14
Coordinated with the latest version of referenced standard ASCE 41. 319.7 Prescriptive selection of the design method
Revised Subsection 319.7.2 to clarify the condition triggering Method B approach based on building irregularities.
319.10 Structural observation, testing and inspection
Revised the language to coordinate with associated regulations in Chapter 17 of the California Building Code and repeal redundant and/or contradictory regulations.

Building Standards Commission
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except ADDITION, ALTERATION, and REPAIR.

Division of the State Architect
318 Definitions
Relocated BUILDING OFFICIAL and ENFORCEMENT AGENCY definitions to Chapter 2 and repealed the rest of the definitions from Section 318.1 except for REPAIR. Added reference to applicable sections of California Administrative Code (Part 1), where the definitions contained therein govern. 319.1 Basis for evaluation and design
Revised Exception 2 to restore original intent and update for compatibility with current code adoption cycle. As originally authored, Exception 2 was intended to apply to the conversion of a nonconforming building to use as a school building in accordance with Section 4-307 of Part 1. It was not intended to apply to the rehabilitation of an 93 Item 8 C.
48 existing school building when required by Section 4-309(c) of Part 1. Restored the phrase “as it was adopted by the governing jurisdiction” to make clear that the previous code is permitted to be used as originally applied rather than requiring compliance with its DSA-SS or DSA-SS/CC amendments (e.g., the “A” chapters). 321.2.3 Peer review
Added language to align with the current practice of review and approval by the California Geological Survey. This updates regulations to reflect the current requirements for seismic ground motion records used in time history analysis.

Office of Statewide Health Planning and Development
Because several sections were added to the IEBC, OSHPD sections in Chapters 3 and 3A were relocated and renumbered.
312.3.3.2 (formerly 309.3.3.2) Psychiatric nursing service Amended existing language to replace 1224.31 with Section 1228 for psychiatric nursing service. Section 1224.31 applies to medical psychiatric services and is not acceptable for an OSHPD 1R building.
304A.3.4.5 (formerly 303A.3.4.5) SPC-4D using ASCE 41
Replaced entire section on seismic separations in ASCE 41-13 to be more consistent with the initial intent of the change and current inventory of SPC-3 and higher buildings, at the same time ensuring adequate level of safety from collapse of the adjacent building due to potential pounding impacts.
304A.3.5.9 ASCE 41 Section 8.4.2.3.2.1
Added new section for foundations modeled as a fixed base or a flexible base. 304A.3.5.13 ASCE 41 Section 10.12.3
Added new section to modify ASCE 41 Section 10.12.3 and provide a new exception to this section.

Chapter 5 – Prescriptive Compliance Method
Building Standards Commission
502.1 General
Repealed the language requiring Sections 502.4 and 503.3 be replaced by the requirements of Sections 317 through 322. Sections 502.4 and 503.3 have been adopted by BSC since 2016.

Chapter 16 – Referenced Standards
State Fire Marshal
Added amendments to the adopted and referenced NFPA 13R and NFPA 72 standards from the California Fire Code, so the same information is found in both codes.
94 Item 8 C.
49 Division of the State Architect
Adopted Supplement 3 of ASCE 7 in addition to Supplement 1, which is already adopted by the model code.

Office of Statewide Health Planning and Development
Adopted ASCE 7-16 Supplement 3 for OSHPD 1, 1R, 2, 4 and 5. Adopt ASCE 41-17 Supplement 1 for OSHPD 1R, 2, 4 and 5.

Department of Housing and Community Development
HCD proposed editorial changes only with no intended change in regulatory effect, such as moving existing amendments following model code changes. Example: carbon monoxide alarm requirements were moved from Chapter 5 to Chapter 3. 95 Item 8 C.
50 CALIFORNIA GREEN BUILDING STANDARDS CODE – PART 11
Chapter 2 – Definitions
Building Standards Commission (BSC), Division of the State Architect (DSA), Department of Housing and Community Development (HCD)
AUTOMATIC LOAD MANAGEMENT SYSTEMS – ALMS (BSC, DSA, HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to ALMS which is allowed for use by the California Electrical Code.

ELECTRIC VEHICLE (EV) CAPABLE SPACE (BSC, HCD, DSA) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which has capability or infrastructure to facilitate future EV charging.

ELECTRIC VEHICLE (EV) READY SPACE (HCD) Added to clarify the term as used within CALGreen and in the EV charging industry and refers to a space which is ready for EV charging and equipped with a receptacle or charger.

LEVEL 2 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE) (HCD) Added to residential sections of CALGreen and clarifies that the new term as used within Sections 4.106.4.2. and A4.106.8.2.1 refers a Level 2 EV charger and supporting electrical equipment.

LOW-POWER LEVEL 2 ELECTRIC VEHICLE (EV) CHARGING RECEPTACLE (HCD) Added to residential sections of CALGreen to clarify the electrical requirements for this type of receptacle as required in Sections 4.106.4.2.1 and

4.106.4.2.2.

ZERO-EMITTING AND HIGH-EFFICIENT VEHICLES (BSC, DSA) Amended from “Low-Emitting and Fuel-Efficient Vehicles” to “Zero-emitting and High-efficient Vehicles.” OFF-STREET LOADING SPACES (BSC, DSA) Added to align with the new code language for EV charging for medium-duty and heavy-duty vehicles.

NONWATER URINAL WITH DRAIN CLEANSING ACTION (BSC, HCD, DSA) Amended from “Urinal, Hybrid” to “Nonwater Urinal with Drain Cleansing Action” to align terminology with the California Plumbing Code; no change in regulatory effect.

Chapter 4 – Residential Mandatory Measures
Department of Housing and Community Development
HCD repealed various existing code sections and provisions to reformat, modify, and adopt new sections addressing EV charging for multifamily buildings, and hotels and motels.
96 Item 8 C.
51 4.106.4 and subsections. EV charging for new construction Expanded EV charging requirements to installation of EV charging receptacles and EV chargers (EVSE).
• Modified Exception 1 to address situations in which there is no local utility power supply or when the local utility is unable to supply adequate power. • Repealed references to specific dollar amounts for exceptions due to variations in utility costs based upon locations.
• Included an exception related to adverse impact to construction cost of a project, similar to the provision for nonresidential EV charging.

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities
New regulation to clarify that calculations for EV spaces are to be rounded up to the nearest whole number and EV spaces to be counted as parking spaces only for the purposes of meeting parking space requirements at the local level (Vehicle Code Section 22511.2).

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms New regulation requiring that ten percent of the total number of parking spaces on a building site support future Level 2 EVSE, the installation of EV ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles, and clarification that no more than one receptacle must be installed per dwelling unit.

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms New regulations requiring that ten percent (10%) of the total number of parking spaces on site support future Level 2 EVSE; the installation of EV-ready spaces for twenty-five percent (25%) of the total number of parking spaces equipped with low power Level 2 EV charging receptacles; and five percent (5%) of the total number of parking spaces shall be equipped with Level 2 EVSE. The use of an ALMS is allowed when low-power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required.

4.106.4.2.2.1 Electric vehicle charging stations (EVCS) Added requirements for space location and dimensions, with a reference to the California Building Code to address accessibility.

4.106.4.2.3 EV space requirements
Amended requirements for single and multiple EV spaces, and added a requirement for EV-ready space signage.
97 Item 8 C.
52 4.106.4.3 Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings
Expanded EV charging infrastructure for additions and alterations triggered when new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered, and the work requires a building permit. The new regulation requires that 10 percent (10%) of the total number of parking spaces being added or altered be EV capable to support future Level 2 EVSE.

4.410.1 Operation and maintenance manual
Amended existing Item 11 to add Department of Forestry and Fire Protection, and added a new Item 12 to require that the operation and maintenance manual contain information and/or drawings identifying the location of grab bar reinforcements.

Chapter 5 – Nonresidential Mandatory Measures
Building Standards Commission and Division of the State Architect

5.106.5.2 Designated parking for clean air vehicles
Repealed the mandatory requirement for designated parking for clean air vehicles.

5.106.5.3 Electric vehicle (EV) charging and subsections Amended to increase the EV capable space percentages and add a new requirement for installed Level 2 or DCFC chargers.

5.504.4.7 Thermal insulation
Relocated thermal insulation from voluntary to mandatory and added verification of compliance.

5.504.4.8 Acoustical ceilings and wall panels
Relocated acoustical ceilings and wall panels from voluntary to mandatory along with verification of compliance.

Building Standards Commission

5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty and subsections
Added new regulations for electric vehicle charging readiness requirements for new construction of warehouses, grocery stores and retail stores with planned off-street loading spaces.

Division of the State Architect – Structural Safety

5.506.3 Carbon dioxide (CO2) monitoring in classrooms
Added new requirement for carbon dioxide monitors in classrooms only in new building construction, and not alterations and additions. 98 Item 8 C.
53 5.106.12 Shade trees and subsections
Amended exceptions for surface parking and hardscape areas to provide clarity that excepted play areas for organized sports activities, such as basketball courts, are removed from the total area calculation of the hardscape areas on the campus.

Chapter A4 – Residential Voluntary Measures
California Energy Commission
A4.2 Energy efficiency
A4.201.1 Scope
Updated and provided a new web link to the CEC website.

A4.203.1.1 Hourly source energy design rating (EDR1) and Table A4.203.1.1 Updated for EDR1 margins for climate zones.

A4.203.1.2.3 HERS – Verified compact hot water distribution system and A4.203.1.2.4 HERS – Verified drain water heat recovery
Amended to add details for compliance.

A4.203.1.2.5 High performance vertical fenestration, A4.203.1.2.6 Heat pump water heater demand management, A4.203.1.2.7 Battery storage system controls and A4.203.1.2.8 Heat pump space and water heating Added as prerequisite options to standardize phrasing to remove unneeded references to HERS verification and to apply a broader range of equipment types and construction performance approaches to meet the overall requirements.

A4.203.1.3 Performance standard (repealed), A4.203.1.3.1 Tier 1 (repealed), A4.203.1.3.2 Tier 2. (repealed) and A4.203.1.3 Consultation with local electric service provider (renumbered)
Sections repealed and amended to remove reference to CALGreen tiers and to recommend consultation with a local electric service provider for jurisdictions considering reducing the Energy Design Rating (EDR) target when using solar PV systems larger than required by the California Energy Code.

Chapter A5 – Nonresidential Voluntary Measures
Building Standards Commission
A5.106.5.1.1, A5.106.5.1.2, Table A5.106.5.1.1 and Table A5.106.5.1.2 Designated parking for clean air vehicles
Amended the Tier 1 and Tier 2 voluntary requirements and repealed Tables A5.106.5.1.1 and A5.106.5.1.2.

A5.106.5.3.1 and A5.106.5.3.2 Electric vehicle charging Increased voluntary EV capable space percentages.
99 Item 8 C.
54 A5.303.4.1 Nonwater urinal with drain cleansing action Amended to align with the new definition and California Plumbing Code.

A5.504.4.8 Thermal insulation
Amended to move Tier 2 requirements to Tier 1 (Tier 1 moved to mandatory) and verification of compliance was renumbered to A5.504.8.1.

A5.6 Voluntary Tiers and CALGreen Verification Guidelines Amend checklists affected by proposed mandatory and voluntary updates.

California Energy Commission
A5.201.1 Scope
Updated and provided a new web link to the CEC website. 100
Item 8 C.
55 CALIFORNIA REFERENCED STANDARDS – PART 12
Building Standards Commission
Cross Reference Table
Amended the chapter titles and associated sections in Title 24. This table serves as a non-regulatory aid to the code user.

State Fire Marshal
Chapter 12-7A, Materials and Construction Methods for Exterior Wildfire Exposure
Repealed ignition-resistant material SFM Standard 12-7A-5. 101
Item 8 C.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: Community Development Department
Subject: 2022 Zoning Code Amendments
Recommended Action: 1) Introduce for first reading, by title only, waiving further reading of the text, an ordinance amending Title 17: Zoning of Capitola Municipal Code, amending the Capitola General Plan land use map, and amending the Capitola Zoning Map, and 2) Adopt the proposed resolution amending the General Plan Land Use Map.

Background: In 2020, the City of Capitola adopted a comprehensive Zoning Code update that applied to areas outside of the coastal zone. In 2021, the Coastal Commission certified the Zoning Code resulting in the updated code applying in the coastal zone.

Since the updated Zoning Code was adopted, staff has identified several necessary amendments. Some amendments are needed to correct drafting errors and resolve ambiguities without substantive changes.

Other changes are proposed to improve code organization or address new issues that have arisen since the updated code was adopted.

The proposed amendments include edits to the following Zoning Code chapters:
 17.16: Residential Zoning Districts
 17.20: Mixed Use Zoning Districts
 17.24: Commercial and Industrial Zoning Districts
 17.28: Visitor Serving Overlay Zone
 17.48: Height, Setbacks, and Floor Area
 17.72: Landscaping
 17.74: Accessory Dwelling Units
 17.76: Parking and Loading
 17.80: Signs
 17.96: Supplemental Standards
 17.20: Design Permits
 17.36: Minor Modifications
 17.160: Glossary
The proposed ordinance is Attachment 1. A summary table of the proposed amendments is included as Attachment 2. The summary table identifies each proposed amendment and the reason for the change.

Please note the page numbers for each amendment listed in the summary table refer to the page number in the top header of the zoning code amendments, not the meeting packet page number.

On October 20, 2022, and November 3, 2022, the Planning Commission held public hearings for the zoning code amendments.

Discussion: During the Planning Commission meetings, the Commission accepted most of the changes proposed by staff.

The table on the next page outlines the 11 topics of discussion and the Commission’s direction:
102
Item 8 D.

Topic Proposed Edit Planning Commission Direction
Second Story Decks
and Balconies
o Count toward FAR
o Cannot face side yard
o Increased front, side, and rear setbacks
o Cannot project more than 6 feet from
wall
o 150 SF exception to FAR
o Cannot face side yard
o Increased front, side, and
rear setbacks
o Cannot project more than 6
feet from wall
o Require screening for rear
deck on sides
Roof Decks o Prohibit in R-1 and adjacent to R-1
o 5-foot setback from building wall closest
to property line
o Allow railings to project above maximum
zone height
Accepted with one modification
to also prohibit in the Mixed-Use
Village.

Large Retail Use Required CUP for new retail over 20,000 sf in size.

Accepted
Cannabis Retail Sign o Remove limits for one sign.
o Remove limit to 15 sf.

Directed staff to remove all limits
related to cannabis signs
Pergolas, Arbors,
Trellis
Add definitions and update encroachments
for each type of structure
Accepted
Accessory Dwelling
Use
o Update for consistency with state law.
o Update limited standard ADU to allow
flexibility in use of 150 sf on first story.

Accepted
Parking in R-1 Front
Setback
Expand allowed maximum width of parking
space in front yard from 14 feet to 18 feet
with required standards for permeable
surface area.

Change not accepted. Prefer
existing code language to require
Planning Commission review for
an exception to 14 feet max.

Electric Vehicle
Charging Stations
o Mirror state law for # of EV ready spaces
o Prohibit digital advertising
o Digital screen 2 sf max
o Require landscape screening
Accepted
Generator o Only allow in rear yard
o Limit testing 8 am to 8 pm
o Prohibit Use for RV or trailers in
residential zones
Accepted with addition:
o 65 dBL max or sound proof
o Limit use to power outage or
emergency
o Clarify setback
Minor Modifications Allow Community Dev. Director to issue minor mods on administrative permits
Only all CDD to issue minor
modifications for parking
dimensions
Monarch Cove Inn Rezone to VS/R-1
Include conditions that residential use be in
conjunction with view easement or vacation
rental
Accepted
The Planning Commission’s recommendation has been incorporated into the draft ordinance (Attachment 1). The original analysis of the 11 discussion topics from the October 20, 2022, Planning Commission meeting is included as Attachment 3. Attachment 4 is analysis for the rezoning of the Monarch Cove Inn. 103
Item 8 D.

Environmental Determination: Categorically Exempt under Section 15061(b)(3) Fiscal Impact: None.

Attachments:

1. Proposed draft Ordinance & Exhibit

2. Summary table of amendments

3. Analysis on Planning Commission discussion topics

4. Monarch Cove Inn analysis

5. Proposed resolution & land use map (Monarch Cove)
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Chloé Woodmansee, Assistant to the City Manager Approved By: Jamie Goldstein, City Manager
104
Item 8 D.

Page 1 of 4 ends

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF CAPITOLA TO ADOPT AMENDMENTS TO MUNICIPAL CODE TITLE 17 (ZONING)
WHEREAS, on October 12, 2020 the City of Capitola adopted a comprehensive Zoning Code update that applied to areas outside of the coastal zone; and WHEREAS, on April 15, 2021 the Coastal Commission certified the Zoning Code resulting in the updated code applying throughout the city, including in the coastal zone; and
WHEREAS, on April 15, 2021 the Coastal Commission did not certify proposed amendments to the Zoning Code and Zoning 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;
WHEREAS, on April 15, 2021 the Coastal Commission advised the Monarch Cove Inn owner and the City of Capitola to bring the proposed Monarch Cove Inn amendments back before the Coastal Commission as a separate item for consideration; WHEREAS, since the updated Zoning Code was adopted and certified by the Coastal Commission, City staff has identified a number of needed amendments to the Zoning Code to correct drafting errors, resolve ambiguities, improve code organization, and address new issues that have arisen since the updated code was adopted; and WHEREAS, at duly notice public hearings on October 20 and November 3, 2022, the Planning Commission reviewed the proposed Zoning Code amendments, including the proposed Monarch Cove amendments; and
WHEREAS, on November 3, 2022, the Planning Commission recommended to the City Council adoption of the proposed Zoning Code amendment; and WHEREAS, the City Council adopted Resolution No. __ - 2022 to amend the General Plan Land Use Map to change the Monarch Cove Inn land use designation from Visitor Serving to Single-Family Residential with Visitor Serving Overlay.

BE IT ORDAINED by the City of Capitola as follows:

Section 1: The above findings are adopted and incorporated herein.

Section 2: Title 17 (Zoning) of the Capitola Municipal Code is amended as set forth in Attachment 1, attached hereto and incorporated herein by this reference.

Section 3: The official Zoning Map of the City of Capitola is amended as set forth in Attachment 2.

Section 4: Environmental Review.

Page 2 of 4 ends

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.

Section 5: Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption except that it will not take effect within the coastal zone until certified by the California Coastal Commission. This Ordinance shall be transmitted to the California Coastal Commission and shall take effect in the coastal zone immediately upon certification by the California Coastal Commission or upon the concurrence of the Commission with a determination by the Executive Director that the Ordinance adopted by the City is legally adequate.

Section 6: Severability.

Section 7: Certification.

The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the ____ day of _____, 2022, and was adopted at a regular meeting of the City Council ____day of _____, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sam Storey, Mayor
Attest:

Chloe Woodmansee, Interim City
Clerk
106
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 1 ends

Chapter 17.16

RESIDENTIAL ZONING DISTRICTS
Sections:

17.16.010 Purpose of the residential zoning districts.

17.16.020 Land use regulations.

17.16.030 Development standards.

17.16.010 Purpose of the residential zoning districts.

A. General. The purpose of the residential zoning districts is to support attractive, safe, and friendly neighborhoods consistent with Capitola’s intimate small-town feel and coastal village charm. Development within the residential zoning districts will feature high-quality design that enhances the visual character of the community. The mass, scale, and design of new homes shall be compatible with existing homes in neighborhoods and carefully designed to minimize impacts to existing homes. Residential zoning districts contain a range of housing types and community facilities to support diverse and complete neighborhoods with a high quality of life for residents.

B. Specific.

1. Residential Single-Family (R-1) Zoning District. The purpose of the R-1 zoning district is to protect and enhance the unique qualities of individual neighborhoods in Capitola. The R-1 zoning district allows for variation in development standards based on the existing development patterns within these neighborhoods.

New development will respect the existing scale, density, and character of neighborhoods to strengthen Capitola’s unique sense of place.

2. Residential Multifamily (RM) Zoning District. The purpose of the RM zoning district is to accommodate a range of housing types to serve all Capitola residents. The RM zoning district allows single-family and multifamily housing at higher densities to maintain and increase the supply of affordable housing choices.

Housing in the RM zoning district will be carefully designed to enhance Capitola’s unique identity and to minimize impacts on adjacent land uses and structures. The RM zone is divided into three subzones (RM-L, RM-M, and RM-H) allowing for a range of permitted residential densities.

3. Mobile Home Park (MH) Zoning District. The MH zone provides areas for exclusive development of mobile home parks. Mobile home parks provide a valuable source of affordable housing serving Capitola’s lowerincome and senior residents.

17.16.020 Land use regulations.

A. Permitted Land Uses. Table 17.16-1 identifies land uses permitted in the residential zoning districts.

Table 17.16-1: Permitted Land Uses in the Residential Zoning Districts Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses
Duplex Homes – P –
107
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 2 ends

Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Elderly and Long-Term Care – C –
Group Housing – P –
Mobile Home Parks – C P [1] Chapter 17.100
Multifamily Dwellings – P –
Residential Care Facilities, Small P P C [2]
Residential Care Facilities, Large C C C [2] Section 17.96.080 Accessory Dwelling Units A/C A/C [4] – Chapter 17.74
Single-Family Dwellings P P C [2]
Public and Quasi-Public Uses
Community Assembly C C C
Day Care Centers C C C
Home Day Care, Large M M M Section 17.96.070
Home Day Care, Small P P P
Parks and Recreational Facilities – C C
Public Pathways and Coastal Accessways C C C
Schools, Public or Private – C C
Commercial Uses
Bed and Breakfast C C –
Vacation Rentals See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C C
Utilities, Minor P P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures P [3] P [3] P [3] Chapter 17.52 Home Occupation A A A Section 17.96.040
Temporary Uses and Structures M M – Section 17.96.180
Urban Agriculture
108
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 3 ends

Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Home Gardens P P P
Community Gardens M M M
Urban Farms C C C
Notes:
[1] May include offices incidental and necessary to conduct a mobile home park use. [2] Permitted on the mobile home park parcel or on a separate parcel of no less than five thousand square feet. [3] An accessory structure that exceeds the development standards of Chapter 17.52 requires a conditional use permit. [4] Permitted only when there is one single-family dwelling on the parcel.

B. Additional Permits. In addition to permits identified in Table 17.16-1, development projects in the residential zoning districts may also require a design permit pursuant to Chapter 17.120 (Design Permits). Modifications to a historic resource may require a historic alteration permit pursuant to Chapter 17.84 (Historic Preservation).

Development in the coastal zone may require a coastal development permit pursuant to Chapter 17.44 (Coastal Overlay Zone) independent of and in addition to any other required permit or approval.

17.16.030 Development standards.

A. General Standards – Single-Family and Multifamily Zoning Districts. Table 17.16-2 identifies development standards that apply in the R-1 and RM zoning districts.

Table 17.16-2: Development Standards in the R-1 and RM Zoning Districts R-1 RM Additional Standards
Site Requirements
Parcel Area, Minimum [1] 5,000 sq. ft. N/A
Parcel Width, Minimum [1] 30 ft. N/A
Parcel Depth, Minimum [1] 80 ft. N/A
Floor Area Ratio, Maximum See Section

17.16.030(B)(1)
N/A Section 17.16.030(B)
Section 17.48.040
Building Coverage, Maximum N/A 40%
Open Space N/A Section 17.16.030(C)(2)
Parcel Area per Unit, Minimum N/A RM-L: 4,400 sq. ft.

RM-M: 2,900 sq. ft.

RM-H: 2,200 sq. ft.

Parking and Loading See Chapter 17.76
Structure Requirements
109
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 4 ends

R-1 RM Additional Standards
Setbacks, Minimum Sections 17.48.030(B)(2) through (6)
Front Ground floor: 15 ft.

Garage: 20 ft.

Second story: 20 ft.

Main structure: 15 ft.

Garage: 20 ft.

Section 17.16.030(B)(2)
Section 17.16.030(B)(5) Garage
Setback: Section 17.16.030(B)(4)
Rear 20% of parcel depth; 25
ft. max.
15% of parcel depth Section 17.16.030(B)(5)
Interior Side Ground floor: 10% of
parcel width [2]; 3 ft.
min.; 7 ft. max.

Second story: 15% of
parcel width
10% of parcel width [2] Sections 17.16.030(B)(5) and (6) Street Side, Corner Lots 10 ft. 10 ft. Section 17.16.030(B)(5) Height, Maximum 25 ft. RM-L: 30 ft.

RM-M: 30 ft.

RM-H: 35 ft.

Sections 17.16.030(B)(7) and (8)
Section 17.48.020
Accessory Structures See Chapter 17.52
Notes:
[1] Parcel area, width, and depth requirements apply only to the creation of new parcels. These requirements do not apply to legally created parcels existing as of June 9, 2021. See Title 16 (Subdivisions) for requirements that apply to lot line adjustments to existing parcels that do not comply with the parcel area, width, and depth requirements in this table. [2] Regardless of parcel width, in no case shall the minimum required interior side ground setback be less than 3 feet or greater is 7 feet.

B. Additional Standards in the R-1 Zoning District. The following additional standards apply in the R-1 zoning district:

1. Floor Area Ratio. Table 17.16-3 identifies the maximum permitted floor area ratio (FAR) in the R-1 zoning district. See Section 17.48.040(B) for floor area calculations.

Table 17.16-3: Maximum Floor Area Ratio in the R-1 Zoning District Lot Size Maximum FAR
2,650 sq. ft. or less 0.58
2,651 to 3,250 sq. ft. 0.57
3,251 to 3,500 sq. ft. 0.56
3,501 to 3,750 sq. ft. 0.55
3,751 to 4,000 sq. ft. 0.54
4,001 to 4,250 sq. ft. 0.53
4,251 to 4,500 sq. ft. 0.52
4,501 to 4,750 sq. ft. 0.51
4,751 to 5,000 sq. ft. 0.50
5,001 to 6,000 sq. ft. 0.49
More than 6,000 sq. ft. 0.48
110
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 5 ends

2. Front Setbacks in Riverview Terrace. Within the areas shown in Figure 17.16-1, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. The reduced front setback shall in all cases be no less than ten feet.

Figure 17.16-1: Riverview Terrace

111
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 6 ends

3. Wharf Road Reduced Setback. For properties on the east side of Wharf Road from 1820 Wharf Road to 1930 Wharf Road, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. 112
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 7 ends

4. Garage Setbacks.
a. Attached garages shall be set back a minimum of five feet behind the front or street side building wall of the primary structure. The planning commission may reduce this minimum setback to three feet in sidewalk exempt areas.
b. Required setbacks for detached garages are identified in Chapter 17.52 (Accessory Structures and Uses).

5. Corner Lots.
a. The minimum rear setback for reverse corner lots shall be the minimum interior side yard of the adjacent property, but no less than four feet. See Figure 17.16-2. b. On a corner lot, the front line of the lot is ordinarily construed as the least dimension of the parcel facing the street. The community development director has the discretion to determine the location of the front yard based on existing conditions and functions.

Figure 17.16-2: Reverse Corner Lot Rear Setback

6. Second-Story Setback Exceptions. Second-story additions must comply with increased setback requirements in Table 17.16-2, except in the following cases:
a. For lots thirty feet wide or less, the minimum interior side setback for a second story is the same as the ground floor.
b. Up to twenty percent of the length of an upper-story wall may be constructed at the same setback as the first-floor wall if the first-floor wall is at least four feet from the side property line. See Figure 17.16-3.

113
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 8 ends

Figure 17.16-3: Second-Story Setback Exception

7. Height Exceptions. A maximum height of up to twenty-seven feet in the R-1 zoning district is allowed in the following circumstances:
a. Additions to historic structures that are designed to match the roof pitch of the historic structure within the area of new addition.
b. Parcels greater than six thousand square feet in size. c. Parcels with a width sixty feet or more.
d. Parcels with an average slope of twenty-five percent or greater. e. When the plate height of structure does not exceed twenty-two feet.

8. Landscaping. See Section 17.72.050(A) for residential landscape requirements.

9. Mini-Bar/Convenience Areas.
a. A single-family home may contain one mini-bar/convenience area in addition to a kitchen, subject to the following standards:
i. Fixtures shall be limited to a small refrigerator, a microwave oven, and a small sink with a drain size less than one and one-half inches.
ii. No gas line or two-hundred-twenty-volt electric service is permitted within the area. iii. Only one such area is permitted within a property in addition to the kitchen. iv. The mini-bar/convenience area may be located within inside the home or outside of the home as part of an outdoor kitchen. If located within inside the home, internal access to the area shall be maintained within the dwelling. A mini-bar/convenience area is permitted in addition to an outdoor kitchen.
b. The requirements in subsection (B)(9)(a) of this section shall not limit the establishment of an accessory dwelling unit in conformance with Chapter 17.74 (Accessory Dwelling Units).

10. Outdoor Kitchens. On a lot occupied by a single-family home, an outdoor kitchen is permitted in addition to an indoor kitchen. Outdoor kitchens shall comply with the following standards:
a. The kitchen may include gas, electric and plumbing.
114
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 9 ends

b. Electric service may not be 220 volts.
c. Drain size may not exceed that allowed for a mini-bar. d. The kitchen may project into the rear setback area as provided in Table 17.48-3.

11. Second Story Decks and Balconies.
a. An upper floor deck in excess of 150 square feet is included in the floor area ratio calculation. b. A second story deck or balcony may not face an interior side parcel line abutting a lot with a singlefamily dwelling. c. A second story deck or balcony must comply with the following minimum parcel line setback requirements:
i. Rear: 25 percent of lot depth.
ii. Front: 20 feet
iii. Interior and street side: 10 feet
d. A permanent privacy screen (e.g., opaque glass) is required for rear deck along the railing parallel to the interior side property line facing a single-family dwelling e. A second story deck or balcony may not project further than 6 feet from the exterior building wall to which it is attached.
f. Roof decks are prohibited in the R-1 zoning district. g. The elevation of a freestanding deck or platform not attached to a building may not exceed 35 inches above the adjoining grade.

115
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 10 ends

Figure 17.16-3a: R-1 Second-Story Decks and Balconies
C. Additional Standards for RM Zoning Districts. The following additional standards apply in the RM zoning district:

1. Single-Family Dwellings. Single-family dwellings in RM zoning districts shall comply with the development standards that apply in the R-1 zoning district.

2. Open Space. Common and private open space in the RM zoning district shall be provided as shown in Table

17.16-4 and Figure 17.16-4.

Table 17.16-4: Usable Open Space in RM Zoning District
Common Open Space [1]
Minimum area (percent of site
area)
15% [2] [3]
Minimum horizontal dimension 15 ft.

Private Open Space [4]
Minimum percentage of units
with private open space
50%
Minimum area (for individual
unit)
48 sq. ft.

Minimum horizontal dimension 4 ft.

Notes:
116
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 11 ends

[1] Common open space shall be fully landscaped and accessible to all residents. [2] Roof terraces and roof gardens may provide up to fifty percent of the required common open space area if the planning commission finds that roof terraces and roof gardens provide quality open space for residents and minimize noise, privacy and other potential impacts on neighboring propertiesSee Section 17.16.030.C.4 for requirements that apply to rooftop decks used as common open space. [3] The planning commission may allow reduced common open space to a minimum of ten percent for projects less than one acre in size or for projects that provide additional private open space equal to or greater than the amount of reduced common open space. [4] Private open space may include screened terraces, decks, balconies, and other similar areas.

Figure 17.16-4: Private Open Space

3. Landscaping. See Section 17.72.050(A) for residential landscape requirements.

4. Upper-Level Decks and Balconies.
a. For parcels that abut the R-1 zoning district, second story decks and balconies must comply with the standards in Sections 17.16.030.B.10 (Second Story Decks and Balconies) and 17.82.080.B.5 (Neighbor Privacy)
b. Roof decks must comply with the following standards:
i. Roof decks are not permitted on parcels that abut the R-1 zoning district. ii. Roof decks require a Design Permit.
117
Item 8 D.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

Page 12 ends

iii. Roof decks may provide up to 50 percent of the minimum required common open space specified in Section 17.16.030.C.2.
iii. Where permitted, a roof deck must be setback at least 5 feet from the building wall closest to the property line.
iv. Railings to accommodate a roof deck may project 42 inches above the maximum building height in cases where the roof deck provides open space for residents. v. Other than as needed to provide for roof access, no permanent structure that has a solid roof and/or is enclosed on two or more sides may be placed on or attached to a roof deck. Fully transparent glass wind barriers are allowed.
vi. Roof decks may not be placed on building features that project above the maximum building height permitted in the zoning district.

D. Standards for the MH Zoning District. Table 17.16-5 identifies development standards that apply in the mobile home park (MH) zoning district.

Table 17.16-5: MH Zoning District Development Standards Additional
Standards
Site Area [1] 5 acres [2]
Residential Density,
Maximum
20 units per acre
Setbacks [3] 17.48.030
Front 15 ft.

Interior
Side
10 ft.

Exterior
Side
10 ft.

Rear 20 ft.

Notes:
[1] Applies to overall mobile home park area, not sites for individual units. [2] For vacant property rezoned to MH, the minimum lot area is five acres. For existing mobile home parks, the minimum parcel size is five acres or the existing parcel size, whichever is less.
[3] Applies only to the perimeter of the mobile home park, not to sites and structures within the interior of the park. 118
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 13 ends

Chapter 17.20

MIXED USE ZONING DISTRICTS
Sections:

17.20.010 Purpose of the mixed use zoning districts.

17.20.020 Land use regulations.

17.20.030 Development standards – Mixed use village zoning district.

17.20.040 Development standards – Mixed use neighborhood zoning district.

17.20.010 Purpose of the mixed use zoning districts.

A. General. The purpose of the mixed use zoning districts is to provide for active and inviting destinations in Capitola with a diversity of residential and commercial land uses. In the mixed use zoning districts, development shall support a lively, pedestrian-friendly public realm with inviting storefronts facing the sidewalk. A diversity of local and independent businesses, recreational amenities, and public spaces balances the needs of residents and visitors. New development shall respect Capitola’s history and reflect its unique coastal village character. The diversity of land uses, pedestrian-friendly development, and general level of activity in the mixed use zoning districts shall support a range of transportation choices, including walking, biking, and transit.

B. Specific.

1. Mixed Use, Village (MU-V) Zoning District. The purpose of the MU-V zoning district is to preserve and enhance Capitola Village as the heart of the community. A diversity of commercial, residential, and recreational uses in the MU-V zoning district serve both visitors and residents. Land uses and development shall enhance the vitality of the Village while maintaining a high quality of life for residents. A fine-grain mix of retail, restaurants, services, and recreational amenities in the MU-V zoning district provides a walkable environment, caters to all ages, and supports year-round activity during the day and night.

2. Mixed Use, Neighborhood (MU-N) Zoning District. The purpose of the MU-N zoning district is to allow for neighborhood-serving mixed use areas that enhance residents’ quality of life. The MU-N zoning district contains an eclectic mix of retail, restaurants, and services for residents and visitors. A range of housing types close to nonresidential uses increases housing choices and supports a walkable community. Development in the MU-N zoning district will be carefully designed to complement its surroundings and minimize impacts on neighboring properties. Land uses will strengthen connections between destinations in Capitola, including the Village, Bay Avenue, and 41st Avenue. (Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.20.020 Land use regulations.

A. Permitted Land Uses. Table 17.20-1 identifies land uses permitted in the mixed use zoning districts.

Table 17.20-1: Permitted Land Uses in the Mixed Use Zoning Districts Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses Section 17.20.020(B), (C) and (E)
Duplex Homes –/P [1] P
119
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 14 ends

Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Elderly and Long-Term Care C [2] [6] C
Group Housing C [2] [6] C
Multifamily Dwellings –/P [1] [6] C
Residential Care Facilities, Small and Large See Section 17.20.020(F) Residential Care Facilities, Large C [2] [6] C Section 17.96.080 Residential Mixed Use See Sections

17.20.020(D) and (E)
[6]
C
Accessory Dwelling Units A– A/C Chapter 17.74
Single-Family Dwellings –/P [1] P
Public and Quasi-Public Uses
Community Assembly C C
Cultural Institutions C C
Day Care Centers M M
Government Offices P/C [4] M [5]
Home Day Care, Large M M Section 17.96.070
Home Day Care, Small P P
Medical Offices and Clinics – M [5]
Parks and Recreational Facilities C C
Public Pathways and Coastal Accessways C C
Public Safety Facilities C C
Schools, Public or Private – C
Commercial Uses Section 17.20.020(E)
Alcoholic Beverage Sales C C
Banks and Financial Institutions C P/C [3] [5]
Commercial Entertainment and Recreation C C
Eating and Drinking Places
Bars and Lounges C C
Restaurants and Cafes C C
120
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 15 ends

Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Take-Out Food and Beverage M M
Gas and Service Stations – –
Lodging
Bed and Breakfast C C
Hotels and Motels C C
Personal Services P P/C [3] [5]
Professional Offices P/C [4] M [5]
Retail P P/C [3] [5]
Vacation Rental See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C
Utilities, Minor P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures See Chapter 17.52 Chapter 17.52 Home Occupations A A Section 17.96.040
Permanent Outdoor Display (Accessory Use) – C Section 17.96.100 Temporary Uses and Structures See Section 17.96.180
Urban Agriculture
Home Gardens P P
Community Gardens M M
Urban Farms C C
Notes:
[1] Allowed only in the village residential (-VR) overlay zone. Exclusively residential uses are not allowed outside of the -VR overlay zone. [2] Allowed only on the second or third story of a mixed use development outside of the -VR overlay zone. Allowed on any story in the -VR overlay zone.
[3] Larger than three thousand square feet requires a conditional use permit. [4] Second-floor uses permitted by right. Ground-floor uses require a conditional use permit. Prohibited third floor and above. 121
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 16 ends

[5] Conditional use permit required for parcels fronting Capitola Road. [6] Residential uses are prohibited on the former Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10).

B. Village Residential Overlay. Pursuant to Section 17.40.040 (Village residential (-VR) overlay zone), only residential uses are permitted in the -VR overlay zone. The village residential (-VR) overlay zone applies to the following areas within the MU-V zoning district as shown on the zoning map: Six Sisters, Venetian Court, Lawn Way, and portions of Wharf Road, Riverview Avenue, Cliff Drive, Cherry Avenue, San Jose Avenue, Park Place, and California Avenue.

C. Ground-Floor Conversions to Residential. Existing ground-floor commercial uses in the MU-V zoning district may not be converted to a residential use unless located in the village residential (-VR) overlay zone.

D. Residential Mixed Use in the MU-V Zoning District.

1. If a proposed residential mixed use project in the MU-V zoning district contains any use that requires a conditional use permit, the entire project, including the residential use, requires a conditional use permit.

2. If a proposed residential use replaces an existing upper-floor commercial use, the residential use is allowed by right.

E. Third-Story Uses in the MU-V Zoning District. Permitted land uses within the third story of an existing or new building in the MU-V zoning district are limited to residential and hotel uses only.

F. Residential Care Facilities. Residential care facilities shall be allowed with the permits required for dwellings of the same type within the applicable zoning district. For example, a residential care facility in a detached singlefamily home requires the same permits and is subject to the same use regulations as a detached single-family home. (Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.20.030 Development standards – Mixed use village zoning district.

A. General. Table 17.20-2 identifies development standards that apply in the mixed use village (MU-V) zoning district.

Table 17.20-2: Development Standards in the Mixed Use Village (MU-V) Zoning District MU-V Additional Standards
Site Requirements
Floor Area Ratio, Maximum 2.0 Section 17.20.030(C)
Section 17.48.040
Chapter 17.88
Parking and Loading See Chapter 17.76
Structure Requirements
Setbacks
Front Min: 0 ft.

Max: 15 ft.

Section 17.20.030(D)
Rear None [1]
Interior Side None
Street Side Min: 0 ft.

Max: 15 ft.

Height, Maximum 27 ft. Section 17.20.030(B) and (C)
Section 17.48.020
Chapter 17.88
122
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 17 ends

MU-V Additional Standards
Accessory Structures See Chapter 17.52
Note:
[1] Twenty percent of lot depth for residential use on parcel.

B. Height Exceptions. The following exceptions are permitted to the maximum permitted height in the MU-V zoning district as shown in Table 17.20-2:

1. Up to thirty-three feet for gabled or hipped roof with a minimum 5:12 roof pitch and a maximum plate height of twenty-six feet. There shall be no breaks in the roof slope for doors and decks. Exterior doors and decks above the twenty-six-foot plate height are prohibited. See Figure 17.20-1.

2. The thirty-three feet includes the maximum height of projections for nonhabitable decorative features and structures identified in Section 17.48.020(B) (Height Exceptions).

Figure 17.20-1: Increased Height in the MU-V Zoning District C. Increased Floor Area and Height for the Capitola Theater Site. As provided in Chapter 17.88 (Incentives for Community Benefits), the city council may approve exceptions to height and floor area ratio (FAR) limits shown in Table 17.20-2 for the Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10). These exceptions are intended to facilitate the development of a new hotel in the Capitola Village consistent with the general plan/land use plan.

D. Setbacks in the MU-V Zoning District. The following setback standards apply to all new structures in the MU-V zoning district:

1. Building should be constructed within fifteen feet of the front property line for a minimum of fifty percent of the parcel’s linear street frontage. See Figure 17.20-2. The planning commission may modify or waive this requirement upon finding that:
a. Compliance with the build-to width requirement would render the proposed project infeasible; b. The project incorporates a front-facing courtyard or public seating area; or c. An alternative site design would result in an enhanced pedestrian experience.

Figure 17.20-2: Build-To Line – MU-V Zoning District
123
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 18 ends

2. Front setback areas shall be pedestrian oriented and contain semi-public amenities such as courtyards or outdoor seating areas.

3. Structures shall be set back a minimum of ten feet from the property line on the northerly side of the first two hundred fifty feet of Cliff Drive, west of the intersection of Wharf Road.

E. General Design Standards. The following standards apply to all new buildings and area of new additions within the MU-V zoning districts, excluding the village residential overlay:

1. Building Orientation. Buildings should be oriented towards a public street with the primary entrance to the site or building directly accessible from an adjacent sidewalk. See Figure 17.20-3.

Figure 17.20-3: Building Orientation

2. Blank Walls. The maximum length of an unarticulated/blank building wall fronting a public street shall be ten feet. See Figure 17.20-4. Building articulation may be provided by:
a. Doors, windows, and other building openings;
b. Building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest;
124
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 19 ends

c. Varying wall planes, heights or contrasting materials; and d. Awnings, canopies or arcades to reinforce the pedestrian scale and provide shade and cover from the elements.

Figure 17.20-4: Blank Wall Limitations

3. Storefront Width. The maximum building/storefront width shall be twenty-five feet. See Figure 17.20-5.

Larger buildings shall be broken down into a pedestrian-scale rhythm with differentiated storefront design every twenty-five feet.

Figure 17.20-5: Storefront Width

4. Ground-Floor Building Transparency.
a. The ground-floor street-facing building walls of nonresidential uses shall provide transparent windows or doors with views into the building for a minimum of sixty-five percent of the building frontage located between two and one-half and seven feet above the sidewalk. See Figure 17.20-6. Windows or doors area shall be transparent to allow views into the building.

Figure 17.20-6: Storefront Transparency
125
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 20 ends

b. Exceptions to this transparency requirement may be allowed with a design permit if the planning commission finds that:
i. The proposed use has unique operational characteristics which preclude building openings, such as for a cinema or theater; and
ii. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

5. Parking Location and Buffers.
a. Surface parking shall be located to the rear or side of buildings. Surface parking may not be located between a building and a street-facing property line. See Figure 17.20-7. b. Surface parking adjacent to a street-facing property line shall be screened along the public right-of-way with a decorative wall, hedge, trellis, and/or landscaping at least three feet in height or maximum allowed pursuant to line of sight requirements in Section 17.96.050. c. Loading areas shall be located to the side and rear of buildings, and shall be sufficiently screened from the public right-of-way, as determined by the community development director.

Figure 17.20-7: Parking Location
126
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 21 ends

6. Driveways and Curb Cuts.
a. The maximum width of a new driveway crossing a public sidewalk may not exceed forty percent of the parcel width or twenty feet, whichever is less. The community development director may approve an exception to this standard in the case of shared or joint use of driveways and parking lots. b. New curb cuts, where allowed, shall be located and designed to maximize safety and convenience for pedestrians, bicycles and mass transit vehicles, as determined by the community development director.

Considerations for determination include separation between curb cuts, displaced parking, and sight lines.

7. Paved Site Areas.
a. The materials, colors, textures, and other design features of on-site paved areas, including courtyards, walkways, and patios, shall complement and enhance the overall design character of development on the site.
b. The use of asphalt for on-site paving is prohibited, except when used for parking areas and vehicle circulation.

8. Garbage and Recycling. Facilities for garbage and recycling shall be screened from public right-of-way and either designed into the architecture of the primary building or enclosed in an accessory structure located to the side and/or rear of the primary building.

9. Landscaping. See Section 17.72.050(B).

10. Roof Decks. Roof decks are prohibited in the MU-V zoning district.

17.20.040 Development standards – Mixed use neighborhood zoning district.

A. General. Table 17.20-3 identifies development standards that apply in the mixed use neighborhood (MU-N) zoning district.

Table 17.20-3: Development Standards in the Mixed Use Neighborhood Zoning District

Zoning District
MU-N Additional Standards
Site Requirements
Parcel Area, Minimum [1] 3,200 sq. ft.

Parcel Width, Minimum [1] 40 ft.

Parcel Depth, Minimum [1] 80 ft.

Floor Area Ratio, Maximum 1.0 Section 17.48.040
Parking and Loading See Chapter 17.76
Structure Requirements
Setbacks
Front Min: 0 ft. from property line or 10 ft. from curb, whichever is greater [3] [4]
Max: 25 ft.

Section 17.20.040(C)
127
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 22 ends

Zoning District
MU-N Additional Standards
Rear 10 ft. min. from property line [2] [3] [4]
Interior Side 10% of lot width [3] [4]
Street Side Min: 0 ft. from property line or 10 ft. from curb, whichever is greater [3]
Max: 25 ft.

Height, Maximum 27 ft. Section 17.20.040(D)
Accessory Structures See Chapter 17.52
Notes:
[1] Parcel area, width, and depth requirements apply only to the creation of new parcels. These requirements do not apply to legally created parcels existing as of June 9, 2021. See Title 16 (Subdivisions) for requirements that apply to lot line adjustments to existing parcels that do not comply with the parcel area, width, and depth requirements in this table. [2] Twenty percent of lot depth for residential use on parcel. [3] The planning commission may approve reduced front, side, and rear setback requirements for properties fronting Capitola Avenue north of the trestle up to and including 431 Capitola Avenue.
[4] The planning commission may reduce front, side, and rear setbacks when a parcel is surrounded by commercial properties.

B. Building Orientation.

1. Buildings shall be oriented towards a public street with the primary entrance to the site or building directly accessible from an adjacent sidewalk.

2. The planning commission may grant an exception to the requirement in subsection (B)(1) of this section upon finding that unique conditions on the site require an alternative building orientation and that the proposed project would maintain a pedestrian-friendly and active street frontage to the greatest extent possible.

C. Setbacks in the MU-N Zoning District. Front setback areas in the MU-N zoning district not used for vehicle parking or circulation shall be pedestrian oriented and shall be either landscaped or contain semi-public amenities such as courtyards or outdoor seating areas.

D. Residential Transitions – Daylight Plane. When a property abuts a residential zoning district, no structure shall extend above or beyond a daylight plane having a height of twenty-five feet at the setback from the residential property line and extending into the parcel at an angle of forty-five degrees. See Figure 17.20-8.

128
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 23 ends

Figure 17.20-8: Residential Transitions – Daylight Plane E. Parking Location and Buffers. Surface parking shall be located to the rear or side of buildings where possible.

When parking is located between a building and a street-facing property line, the parking shall be either:

1. Screened along the street with a decorative wall, hedge, trellis, and/or landscaping at least three feet in height; or

2. Designed to minimize visual impacts and support a pedestrian-friendly environment to the greatest extent possible as determined by the planning commission.

F. Driveways and Curb Cuts.

1. The maximum width of new driveways crossing a public sidewalk may not exceed forty percent of the parcel width or twenty feet, whichever is less. The community development director may approve exceptions to these standards in the case of shared or joint use of driveways and parking lots.

2. New curb cuts, where allowed, shall be located and designed to maximize safety and convenience for pedestrians, bicycles and mass transit vehicles, as determined by the community development director.

Considerations for determination include adequate separation between curb cuts, displaced parking, and sight lines.

G. Landscaping. See Section 17.72.050(B).

H. Capitola Road. The following standards apply to new primary buildings constructed in the MU-N zoning district fronting the north side of Capitola Road between 41st Avenue and 45th Avenue as shown in Figure 17.20-9. These standards do not apply to alterations or expansions to existing buildings.

1. Buildings shall feature a gabled or hipped roof with a minimum 5:12 roof pitch.

2. Buildings shall be set back from the curb or street edge in a manner that allows for a minimum ten-foot sidewalk along the property frontage.

I. Roof Decks. Roof decks in the MU‐N zoning district require a design permit. Roof decks must comply with standards in Section 17.16.030.C.4. b.

129
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 24 ends

Figure 17.20-9: Capitola Road MU-N Subject to Special Standards 130
Item 8 D.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

Page 25 ends

(Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)
131
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 26 ends

Chapter 17.24

COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:

17.24.010 Purpose of the commercial and industrial zoning districts.

17.24.020 Land use regulations.

17.24.030 Development standards.

17.24.040 Residential mixed use development in commercial zoning districts.

17.24.010 Purpose of the commercial and industrial zoning districts.

A. Community Commercial (C-C) Zoning District. The purpose of the C-C zoning district is to provide areas for a variety of commercial uses serving Capitola residents and visitors. The C-C zoning district allows for retail, restaurants, and services that meet the daily needs of the community. The scale, intensity, and design of development in the C-C zoning district shall be compatible with adjacent neighborhoods and contribute to Capitola’s unique coastal village character. Interspersed residential and office uses in the C-C zoning district shall support a diverse local economy and range of housing choices.

B. Regional Commercial (C-R) Zoning District. The purpose of the C-R zoning district is to provide areas for commercial uses that serve regional shoppers as well as Capitola residents, workers, and visitors. The C-R zoning district will maintain a critical mass of retail and service uses that maintain 41st Avenue as a successful retail destination. Office, medical, and residential uses will be restricted to protect the long-term economic vitality of the corridor. Incremental redevelopment of underutilized properties in the C-R zoning district will enhance the corridor as a pedestrian-friendly shopping destination that enhances Capitola’s unique identity and quality of life.

C. Industrial (I) Zoning District. The purpose of the I zoning district is to provide an area for heavy commercial and light industrial uses in Capitola. The I zoning district allows for nonresidential uses which are desired in the community but could be incompatible with land uses in other zoning districts. The I zoning district shall continue to accommodate businesses that contribute to a diverse economy, provide local jobs, and serve the needs of residents and other businesses in Capitola.

17.24.020 Land use regulations.

A. Permitted Land Uses. Table 17.24-1 identifies land uses permitted in the commercial and industrial zoning districts. The city council may approve a use not listed in Table 17.24-1 after receiving a recommendation from the planning commission and finding the use to be consistent with the general plan and the purpose of the zoning district.

Table 17.24-1: Permitted Land Uses in Commercial and Industrial Zoning Districts Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses
Single-Family Dwellings – – –
Multifamily Dwellings C [9] C [9] –
132
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 27 ends

Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Mixed Use C C [7] – Section 17.24.040
Accessory Dwelling Unit A A - Chapter 17.74
Public and Quasi-Public Uses
Colleges and Trade Schools C C C
Community Assembly C C –
Cultural Institutions C C –
Day Care Centers C C –
Emergency Shelters – – P Section 17.96.030
Government Offices See 17.24.020(C) C
Home Day Care P P P
Medical Offices and Clinics See 17.24.020(C) –
Public Paths and Coastal Accessways C C C
Public Safety Facilities C C C
Commercial Uses
Alcoholic Beverage Sales C C C
Banks P [2] P [2] –
Car Wash C C -
Financial Institutions P [2] P [2] – Section 17.24.020(C) Business Services P [2] P [2] P
Commercial Entertainment and Recreation M M –
Drive-Through Facilities – C [4] –
Eating and Drinking Establishments
Bars and Lounges C C C
Mobile Food Vendors – A [6]/C A [6]/C
Restaurants and Cafes M [2] M [2] C
Take-Out Food and Beverage M [2] M [2] –
.Food Preparation M [2] – P
133
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 28 ends

Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Gas and Service Stations C C –
Liquor Stores C C –
Lodging
Bed and Breakfast C – –
Hotel C C –
Maintenance and Repair Services M C P
Personal Services P [1] P [1] –
Professional Offices See 17.24.020(C) P
Salvage and Wrecking – – P
Self-Storage C – C Section 17.96.140
Retail P [11] P [11] –
Retail Cannabis Establishment C [10] Section 17.24.020(D) Vehicle Repair C C P
Vehicle Sales and Rental C [5] C [5] –
Vehicle Sales Display Room [8] P P –
Wholesaling – M [3] P
Heavy Commercial and Industrial Uses
Construction and Material Yards – – P
Custom Manufacturing M M P
Light Manufacturing – – P
Warehousing and Distribution – – P
Transportation, Communication, and Utility Uses
Utilities, Major – C C
Utilities, Minor P P P
Recycling Collection Facilities C C C Section 17.96.130 Wireless Communications Facilities See Chapter 17.104
Other Uses
134
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 29 ends

Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Accessory Uses See Chapter 17.52
Home Occupations A A – Section 17.96.040
Permanent Outdoor Display C C C Section 17.96.100
Temporary Uses See Section 17.96.180
Urban Agriculture
Home Garden P P –
Community Garden M M –
Urban Farm C C –
Notes:
[1] Combination of two or more tenant suites within a multi-tenant building or greater than five thousand square feet requires minor use permit. [2] Combination of two or more tenant suites within a multi-tenant building or greater than five thousand square feet requires conditional use permit.
[3] Without stock. Storage of merchandise limited to samples only. [4] Prohibited within one hundred feet of a residential zoning district or residential use including residential properties outside the city limits.

Distance is measured from any site feature designed and/or used to provide drive-through service (e.g., vehicle aisle, menu board, lighting) to the property of the residential district or use.
[5] Majority of vehicles for sale must be new.
[6] Mobile food vendors in one location two four times or less per year are regulated as a temporary use in accordance with Section 17.96.180 and are allowed with an administrative permit in accordance with Chapter 9.36. Mobile food vendors in one location more than two times per year require a conditional use permit.
[7] Residential uses are prohibited on the first story. [8] Maximum five thousand square feet.
[9] Allowed only as a part of a mixed use project integrated with commercial structures located on the same development site. [10] Requires cannabis retail license (Chapter 9.61) and compliance with subsection D of this section. [11] A retail use 20,000 square feet or more requires a Conditional Use Permit.

B. Additional Permits. In addition to permits identified in Table 17.24-1, development projects in the commercial and industrial zoning districts may also require a design permit pursuant to Chapter 17.120 (Design Permits).

Modifications to a historic resource may require a historic alteration permit pursuant to Chapter 17.84 (Historic Preservation). Development in the coastal zone may require a coastal development permit pursuant to Chapter 17.44 (Coastal Overlay Zone), independent of and in addition to any other required permit or approval.

C. Office Uses in the C-C and C-R Zoning Districts.
135
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 30 ends

1. New Office Uses. In the C-C and C-R zoning districts, permits required for new office uses and conversions of nonoffice space to office use are shown in Table 17.24-2. Offices include professional, medical, financial institutions and governmental offices.

2. Existing Office Uses. Within office buildings utilized exclusively for office uses as of June 9, 2021, office uses may continue to occupy ground-floor tenant spaces. Within such office buildings, a new tenant is not subject to the permit requirements in Table 17.24-2 until such time that the building is redeveloped or all office space in the ground-floor level is converted to a nonoffice use.

Table 17.24-2: Permitted New Office Uses in the C-C and C-R Zoning Districts Key
C-C Zoning District C-R Zoning District
P Permitted Use
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit required
– Use not allowed
Location and Size of Office Use
Ground floor, less than 5,000 sq. ft. P –
Ground floor, 5,000 sq. ft. or more C –
Upper floor above a ground floor P P
Located within a multi-tenant site in which the office space is not located within a storefront and is set back from the front facade.

P –
D. Retail Cannabis in the C-R Zoning District. A retail cannabis establishment in the C-R zoning district must be in compliance with the following standards:

1. Permit Requirements.
a. Cannabis Retail License. Prior to conditional use permit application, an applicant shall obtain a potential retail cannabis license from the city, as outlined in Chapter 5.36. b. Conditional Use Permit. A retail cannabis establishment must obtain a conditional use permit from the planning commission. The retail cannabis establishment shall be in compliance with the following standards:
i. Distance from Schools and Churches. Retail cannabis establishments are not permitted within a path of travel of one thousand feet from any schools and churches. The path of travel shall be measured following the shortest path of travel along a public right-of-way from the property line of the proposed retail cannabis establishment parcel to the church or school. ii. Distance Between Retail Cannabis Establishments. A retail cannabis establishment shall not be located within a path of travel of five hundred feet of another retail cannabis establishment. Path of travel is measured from the retail establishment suite on a multi-tenant property or the structure for a single-tenant property.
iii. Independent Access. A retail cannabis establishment shall have an independent exterior entrance that is not shared with any other business or residence. iv. Signs. Notwithstanding other sections of the code for signs, a retail cannabis establishment shall be limited to one exterior building sign per business location to identify the business as a retail cannabis 136
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 31 ends

establishment in compliance with the following standards:
(A) Sign may include only the name of business and one green cross. (B) Sign area maximum of fifteen square feet, or one square foot per linear frontage of the business; whichever is less.
(C) Sign may not have any reference, through symbols or language, to cannabis with the exception of one green cross.
(D) Sign shall not be directly illuminated except during operating hours. (E) Sign shall otherwise be subject to planning commission review through a sign permit application in accordance with Chapter 17.132.

17.24.030 Development standards.

A. General. Table 17.24-3 identifies development standards that apply in the commercial and industrial zoning districts.

Table 17.24-3: Development Standards in Commercial and Industrial Zoning Districts C-C C-R I Additional Standards
Site Requirements
Parcel Area, Minimum 5,000 sq. ft.

Parcel Width, Minimum 50 ft.

Parcel Depth, Minimum 100 ft.

Floor Area Ratio, Maximum 1.0 1.5 0.5 Section 17.24.030(D) Chapter 17.88
Structure Requirements
Setbacks, Minimum
Front See Section 17.24.030(C) 0 ft.

Rear 0 ft. unless adjacent to a residential zoning district (see Section 17.24.030(E))

Interior Side 0 ft. unless adjacent to a residential zoning district (see Section 17.24.030(E))

Street Side See Section 17.24.030(C) 0 ft.

Height, Maximum 40 ft. 40 ft. 30 ft. Section 17.24.030(D) and (E) Chapter 17.88
Landscaped Open Space, Minimum 5% Table 17.72-1
Parking and Loading See Chapter 17.76
B. C-C Zoning District Fronting Capitola Road. The following requirements apply to C-C parcels fronting the south side of Capitola Road between 41st Avenue and 45th Avenue as shown in Figure 17.24-1:

1. Maximum height: thirty-five feet.

2. Minimum rear setback: forty feet.

3. Enhanced Application Review. A proposed project with a height greater than two stories shall comply with 137
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 32 ends

the following enhanced application review procedures:
a. Conceptual Review.
i. Prior to consideration of a formal application, the planning commission and city council shall provide conceptual review of a proposed project in accordance with Chapter 17.114 (Conceptual Review).

Figure 17.24-1: Parcels Fronting Capitola Road Between 41st Avenue and 45th Avenue ii. Before planning commission and city council review, the applicant shall host at least one community workshop to solicit community input on preliminary project plans. iii. When reviewed by the planning commission and city council, the applicant shall demonstrate how the project design addresses public input received at the community workshop, as appropriate. b. City Council Action. Following conceptual review, the planning commission shall serve as the recommending body and the city council shall serve as the review authority and take final action on the application.
c. Findings. To approve the application, the city council shall make all of the following findings in addition to findings for the required permits:
i. The project satisfies applicable design review criteria in Section 17.120.070 (Design review criteria). ii. On-site parking, points of ingress/egress, and internal vehicle accessways are located and designed to minimize parking and traffic impacts on neighboring residential areas to the greatest extent possible. iii. The project incorporates rear yard setbacks and upper-story stepbacks as needed to maintain adequate light and air for abutting residential uses.
138
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 33 ends

iv. The height and intensity of development is compatible with the scale and character of neighboring residential areas.
v. The project incorporates design features to support a safe and welcoming pedestrian environment.

Potential features may include, but are not limited to, enhanced sidewalks along the property frontage, internal pedestrian walkways, outdoor public gathering places, unique landscaping treatments, and active ground-floor uses fronting the street.

C. Front and Street Side Setbacks in the C-R and C-C Zoning Districts. In the C-R and C-C zoning districts, buildings shall be set back from the front and street side property line so that:

1. The building is at least fifteen feet from the curb or street edge; and

2. Building placement allows for a minimum ten-foot sidewalk along the property frontage. See Figure 17.24-2.

Figure 17.24-2: Front and Street Side Setbacks in the C-R and C-C Zoning Districts D. Increased Floor Area and Height in C-C and C-R Zoning Districts. As provided in Chapter 17.88 (Incentives for Community Benefits), the city council may approve exceptions to height and floor area ratio (FAR) limits shown in Table 17.24-3 for proposed projects in the C-C and C-R zoning districts. These exceptions are intended to facilitate the redevelopment of underutilized properties along 41st Avenue consistent with the vision for the corridor described in the general plan.

E. Residential Transition Standards. Where a commercial or industrial zoning district abuts a residential zoning district, the following standards apply:

1. Setbacks. The minimum setback from the residential property line shall be fifteen feet for interior side yards and twenty feet for rear yards. For lots less than one hundred feet wide, the planning commission may allow a reduced side yard setback upon finding that potential impacts to adjacent residential properties have been adequately minimized through enhanced building and landscape design.

2. Daylight Plane. No structure shall extend above or beyond a daylight plane having a height of twenty-five feet at the setback from the residential property line and extending into the parcel at an angle of forty-five degrees. See Figure 17.24-3.

Figure 17.24-3: Residential Transitions – Daylight Plane 139
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 34 ends

3. Landscaping. A landscaped planting area, extending a minimum of ten feet from the property line, shall be provided along all residential property lines. A tree screen shall be planted in this area with trees planted at a minimum interval of fifteen feet.

4. Loading. Loading and unloading shall be designed to have the least amount of impact on neighboring residential uses. When feasible, loading and unloading shall be provided from the commercial frontage rather than from areas adjacent to residential uses.

F. Capitola Mall Redevelopment. While the Capitola Mall site has been zoned regional commercial (C-R) as part of the zoning code update, it is expected that major redevelopment of the mall property may require a rezone, planned development, specific plan, development agreement, or similar process to tailor appropriate development standards for the redevelopment project. Where an application submitted pursuant to this section includes fewer than all parcels within the mall property, the applicant shall demonstrate that the development type and pattern and site design will be compatible and not unreasonably interfere with future redevelopment of the remaining parcels. For the purposes of this section, the mall property is defined as the area bound by 41st Avenue, Clares Street, and Capitola Road.

G. Landscaping. See Section 17.72.050(B) for nonresidential landscape requirements.

H. Roof Decks. Roof decks that provide common open space for residents in the commercial zoning district require a Design Permit. Roof decks must comply with standards in Section 17.16.030.C.4.b.

17.24.040 Residential mixed use development in commercial zoning districts.

A. Purpose and Applicability. This section establishes design standards for mixed use development with housing above ground-floor commercial uses in the community commercial (C-C) and regional commercial (C-R) zoning districts. These standards are intended to promote successful mixed use development that is pedestrian-friendly and contributes to the vitality of commercial districts in Capitola.

B. Standards.

1. Ground-Floor Uses. Ground-floor spaces fronting the primary street shall be occupied by retail, restaurant, and personal service uses that generate pedestrian activity.

2. Building Placement. Buildings shall be placed near the edge of the sidewalk. Increased setbacks are permitted if they enhance pedestrian experience and add visual interest.

3. Building Orientation. Buildings shall be oriented towards a public street with the primary entrance to the site or building directly accessible from an adjacent sidewalk. The planning commission may allow buildings and their primary entrances to be oriented toward a public space. The primary entrance to a building shall not be 140
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 35 ends

oriented towards surface parking.

4. Blank Walls. The length of an unarticulated/blank building wall shall not exceed ten feet. Architectural articulation should have a similar pattern as other adjacent buildings to provide cohesive design in the neighborhood. Building articulation may be provided by:
a. Doors, windows, and other building openings;
b. Building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest;
c. Varying wall planes, heights or contrasting materials and colors; and d. Awnings, canopies, or arcades to reinforce the pedestrian scale and provide shade and cover from the elements.

5. Storefront Width. The width of a single building/storefront shall not exceed fifty feet. Larger buildings shall be broken down into a pedestrian-scale rhythm with individual storefront widths of twenty-five to fifty feet.

6. Ground-Floor Building Transparency. The ground-floor street-facing building walls of nonresidential uses shall provide transparent windows or doors with views into the building for a minimum of sixty-five percent of the building frontage located between two and one-half and seven feet above the sidewalk. See Figure 17.24-4.

Windows or doors area shall be transparent to allow views into the building. Exceptions to this transparency requirement may be allowed if the planning commission finds that:
a. The proposed use has unique operational characteristics which preclude building openings, such as for a cinema or theater; or
b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

Figure 17.24-4: Storefront Transparency

7. Retail Depth. Ground-floor commercial space shall have a depth of at least forty-five feet or two-thirds of the parcel depth, whichever is less. Where possible, sixty-foot depths are encouraged to accommodate a wider range of tenants, especially food tenants. The planning commission may grant an exception to the minimum retail depth requirement if the minimum retail depth is infeasible due to unusual physical conditions on the parcel.

8. Ground-Floor Height. Ground-floor commercial space shall have a minimum floor-to-floor height of fifteen feet. Where possible, eighteen-foot floor-to-floor heights are encouraged.

9. Parking Location. No more than ten percent of off-street retail parking may be provided along the side of retail as “teaser” parking. The remainder of the parking shall be behind the building or in underground/structured parking. See Figure 17.24-5.
141
Item 8 D.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

Page 36 ends

10. Driveways and Curb Cuts. Pedestrian and vehicle conflicts shall be minimized by limiting the number of curb cuts to two per block and the width of curb cuts to twenty-four feet where feasible. To the extent possible, curb cuts shall be designed so pedestrian curb ramps are limited and pathways remain level as they cross the vehicle route.

Figure 17.24-5: Residential Mixed Use – Teaser Parking
142
Item 8 D.

Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE

Page 37 ends

Chapter 17.28

VISITOR SERVING OVERLAY ZONE
Sections:

17.28.010 Purpose of the visitor serving overlay zone.

17.28.020 Land use regulations.

17.28.030 Development standards.

17.28.010 Purpose of the visitor serving overlay zone.

A. General. The purpose of the visitor serving (-VS) overlay zone is to provide the visiting public with a range of opportunities to enjoy Capitola’s coastal location. The -VS overlay zone accommodates a range of visitor serving uses including overnight accommodations, dining establishments, and active and passive recreational facilities.

Specific permitted uses depend on the resources present on the site and the surrounding land use and environmental context. The -VS overlay zone implements policies to maintain and enhance visitor serving uses in Capitola consistent with the general plan and local coastal program (LCP).

B. Visitor Serving Overlay Subzones. The -VS overlay zone is divided into subzones (see Figure 17.28-1) with unique land use and development standards:

1. Visitor Serving – Rispin (VS-R). Applies to the Rispin site (APNs 035-371-01 and 035-371-02).

2. Visitor Serving – Shadowbrook (VS-SB). Applies to the Shadowbrook site (APN 035-111-04).

3. Visitor Serving - Monarch Cove Inn (VS-MC). Applies to the Monarch Cove Inn site (APN 036-143-31 & 036-142-27) and the portion of parcel 036-142-28 that is located between the two Monarch Cove Inn parcels.

43. Visitor Serving – El Salto (VS-ES). Applies to the El Salto site (APN 036-143-35).

54. Visitor Serving – General (VS-G). Applies to all other parcels with a visitor serving subzone overlay designation. The -VS zoning overlay designation on the Inn at Depot Hill site (APNs 036-121-38 and 036-121- 33) acts as both the base zoning district and an overlay district (i.e., the permitted land uses identified in Table

17.28-1 are the only permitted land uses allowable on the site and the applicable land use regulations and development standards are limited to those identified in this chapter).

143
Item 8 D.

Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE

Page 38 ends

Figure 17.28-1: Visitor Serving Districts
144
Item 8 D.

Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE

Page 39 ends

(Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.28.020 Land use regulations.

A. Permitted Land Uses. Table 17.28-1 identifies land uses permitted in the -VS overlay subzones.

Table 17.28-1: Permitted Land Uses in the Visitor Serving Overlay Zone Key
P Permitted Use
M Minor Use Permit required
C Conditional Use Permit required
– Use not allowed
-VS Subzones
VS-G VS-R VS-SB VS-MC VS-ES Additional Regulations
Residential Uses
Employee Housing C [1] – – - –
Multifamily Dwellings C [2][11] – – - C [2]
One Caretaker Unit for On-Site Security C C C C C
Single-Family Dwellings C [3][11] – – C [3][12] C [3]
Public and Quasi-Public Uses
Community Assembly C C – - –
Cultural Institutions C C – - –
Day Care Centers C – – - –
Habitat Restoration and Habitat Interpretive
Facilities
C C C C –
Parks and Recreational Facilities C C – - –
Public Parking Lots C C – - –
Public Paths and Coastal Accessways C C C C C
Public Safety Facilities C – – - –
Public Wharfs C – – - –
Schools, Public or Private – – – - –
Commercial Uses
Business Establishments that Provide
Commercial Places of Amusement or
Recreation, Live Entertainment, or Service of
Alcoholic Beverages
C [4] C [4] C
-
–
Business Establishments that Sell or Dispense
Alcoholic Beverages for On-Site
Consumption
C C C
C
–
Restaurants
Full Service C [5] C [5] C [5] - –
Lodging
Hotels, Inns, Bed and Breakfast,
and Hostels
C C – C C
Campgrounds [6] C – – - –
145
Item 8 D.

Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE

Page 40 ends

Recreational Vehicle Parks C – – - –
Vacation Rentals – – – C –
Utilities, Major C C C C C
Utilities, Minor P P P P P
Wireless Communications Facilities See Chapter

17.104

Other Uses
Access Roadways C C C C C
Accessory Structures and Uses, New C [7] C C C C
Accessory Structures and Uses Established
Prior to Primary Use or Structure
C C – C –
Change of Visitor Serving Commercial Uses
within a Structure
C [8] – – - –
Food Service Accessory to a Lodging Use [9] C C – C C
Home Occupations C – – - – Section 17.96.040
Expansion of a Legal Nonconforming Use
within an Existing Structure
C – – - –
Legal Nonconforming Use Changed to a Use
of a Similar or More Restricted Nature
C – – - –
Live Entertainment C C C - –
Offices Accessory to Visitor Serving Use C C C C –
Parking Areas to Serve the Primary Use C C C C C
Retail Accessory to a Visitor Serving Use C C – C –
Temporary Assemblages of People, such as
Festivals, Fairs, and Community Events
C [10] C [10] C [10] C [13] –
Weddings C C C C –
Notes:
[1] Permitted only as an accessory use.
[2] Multifamily dwellings shall comply with development standards in the multifamily residential, medium density (RM-M) zoning district. [3] Single-family dwellings shall comply with development standards in the single-family residential (R-1) zoning district. [4] May not be located within two hundred feet of the boundary of a residential zoning district. [5] Drive-up and car service is not allowed.
[6] May include moderate intensity recreational uses, including tent platforms, cabins, parks, stables, bicycle paths, restrooms, and interpretive facilities.
[7] Intensification of the primary use is not allowed.
[8] The new use may not change the nature or intensity of the commercial use of the structure. [9] Permitted only to serve guests of the lodging use.
[10] Events may not exceed ten days and may not involve construction of permanent facilities. 146
Item 8 D.

Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE

Page 41 ends

[11] Prohibited on the former Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10) and the Inn at Depot Hill (APNs 036-121-38 and 036-121-33).
[12] Allowed in conjunction with overnight accommodation use (at least one on property) or grant of public access to a viewpoint. [13] Limited to a single two-day or less event per year.

B. Civic Uses in the VS-R Overlay Subzone. The planning commission may allow additional civic uses in the VS-R overlay subzone beyond those specifically identified in Table 17.28-1 if the planning commission finds the additional civic use to be consistent with the purpose of the VS-R overlay subzone and compatible with existing uses present on the site. (Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.28.030 Development standards.

A. General. Table 17.28-2 identifies development standards that apply in the -VS overlay zone outside of the mixed use village (MU-V) zoning district.

Table 17.28-2: Development Standards in the Visitor Serving Zoning Districts -VS Overlay Zone Additional Standards
Parcel Area, Minimum 5,000 sq. ft.

Impervious Surface, Maximum VS-R: 25%
VS-SB, VS-MC and VS-ES: 50% [1]
VS-G: No maximum

Floor Area Ratio, Maximum 0.25
Setbacks, Minimum See Section 17.28.030(B)
Height, Maximum 30 ft. Section 17.28.030(C)
Note:
[1] In the VS-SB overlay subzone, the impervious surface requirement applies to the parcel located directly adjacent to Soquel Creek. In the VSES overlay subzone, the impervious surface calculation excludes the portion of parcel 036-142-28 located outside of the Monarch Cove Inn.

B. Setbacks. The following setback requirements apply in the -VS overlay zone:

1. The planning commission may require front, side and rear setbacks through the design review process to provide adequate light and air, ensure sufficient distance between adjoining uses to minimize any incompatibility, and to promote excellence of development. Where a side or rear yard abuts residential property, a setback of at least ten feet shall be provided.

2. Front and exterior side yards shall not be used for required parking facilities.

3. For the visitor serving El Salto parcels located adjacent to the bluff top, new development shall adhere to the setback and development provision provided in the LCP natural hazards policies and in Chapter 17.68 (GH Geologic Hazards District).

4. To protect the waters and riparian habitat of Soquel Creek, new development on the Shadowbrook Restaurant and Rispin parcels shall adhere to the LCP natural systems policies and Chapter 17.64 (Environmentally Sensitive Habitat Areas).

C. Height Exceptions. With a recommendation from the planning commission, the city council may approve additional height up to a maximum of thirty-six feet in the -VS overlay zone outside of the MU-V zoning district when all of the following findings can be made:

1. The proposed development and design is compatible with existing land uses in surrounding areas, the general plan, and the LCP.
147
Item 8 D.

Capitola Municipal Code
Chapter 17.28 VISITOR SERVING OVERLAY ZONE

Page 42 ends

2. Streets and thoroughfares are suitable and adequate to serve the proposed development.

3. The proposed development does not produce shadows which may adversely affect the enjoyment of adjacent streets, buildings, or open space.

4. Major public views of the shoreline, as identified in Capitola’s local coastal program, are not blocked by the proposed development.

D. Landscaping. See Table 17.72-2 in Chapter 17.72 (Landscaping) for minimum required landscaping requirements for visitor serving properties.

E. Lighting. In addition to outdoor lighting standards in Section 17.96.110 (Outdoor lighting), the following lighting requirements apply in the -VS overlay zone:

1. All exterior lighting shall be minimized, unobtrusive, down-directed and shielded using the best available dark skies technology, harmonious with the local area, and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled and that light spill, sky glow and glare impacts are minimized.

2. Lighting of natural areas (such as creeks, riparian areas, the beach, etc.) shall be prohibited past the minimum amount that might be necessary for public safety purposes, except when temporarily permitted in conjunction with a temporary event.

3. The location, type and wattage of exterior lighting must be approved by the community development director prior to the issuance of building permits or the establishment of the use.

F. Coastal Development Permit. If a proposed development 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). (Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)
148
Item 8 D.

Capitola Municipal Code
Chapter 17.30 VISITOR SERVING DISTRICT –

MONARCH COVE INN

Page 43 ends

Chapter 17.30
VISITOR SERVING DISTRICT – MONARCH COVE INN
Sections:

17.30.010 Applicability.

17.30.020 Purpose.

17.30.030 Architectural and site approval.

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

17.30.050 Accessory uses.

17.30.060 Height.

17.30.070 Lot area.

17.30.080 Lot coverage.

17.30.090 Yards.

17.30.100 Parking.

17.30.110 Loading areas.

17.30.120 Landscaping and lighting.

17.30.010 Applicability.

The regulations set forth in this chapter apply to the Monarch Cove Inn parcels. (Res. 4223, 2021)

17.30.020 Purpose.

The purpose of the V-S district is to accommodate the visiting public with a range of opportunities to enjoy the city of Capitola’s coastal location. (Res. 4223, 2021)

17.30.030 Architectural and site approval.

A design permit shall be secured for the establishment and conduct of any conditional or accessory use in a V-S district as provided in Chapter 17.120. (Res. 4223, 2021)

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

The following are the conditionally permitted uses allowed on the Monarch Cove Inn parcels and the portion of parcel 036-142-28 that is located between the two Monarch Cove Inn parcels:

A. Accessory structures and accessory uses appurtenant to any conditionally allowed use; B. Hotels, motels, hostels, inns; bed and breakfast lodging; C. Food service related to lodging;
D. Assemblages of people, such as festivals, not exceeding ten days and not involving construction of permanent facilities;
E. Accessory structures and uses established prior to establishment of main use or structure; F. Habitat restoration; habitat interpretive facility;
G. Live entertainment;
H. Public paths;
I. Business establishments that provide commercial places of amusement or recreation, live entertainment, or service of alcoholic beverages and that are located within two hundred feet of the boundary of a residential district; J. Weddings;
K. Business establishments that sell or dispense alcoholic beverages for consumption upon the premises; 149
Item 8 D.

Capitola Municipal Code
Chapter 17.30 VISITOR SERVING DISTRICT –

MONARCH COVE INN

Page 44 ends

L. Other visitor serving uses of a similar character, density, and intensity as those listed in this section and determined by the planning commission to be consistent and compatible with the intent of this chapter and the applicable land use plan;
M. Offices and limited retail use, accessory to visitor serving uses; N. One caretaker unit for the purpose of providing on-site security; O. Access roadway;
P. Residential use by the owners and their family members of up to one unit per parcel on the three parcels, as long as a minimum of six guest bedrooms are available for visitor serving use within the three parcels; Q. Nonfamily residential use during the off-season months (November through April). (Res. 4223, 2021)

17.30.050 Accessory uses.

The following are accessory uses permitted in a V-S district:

A. Signs complying with the applicable regulations set forth in the sign ordinance; B. Accessory uses and buildings customarily appurtenant to a permitted use. (Res. 4223, 2021)

17.30.060 Height.

No structures shall exceed thirty feet in height. Exceptions up to thirty-six feet in height may be granted subject to approval by the city council upon the recommendation of the planning commission when the following findings can be made:

A. The proposed development and design are compatible with existing land uses of surrounding areas and the general plan;
B. Streets and thoroughfares are suitable and adequate to serve the proposed development; C. The proposed development does not produce shadows which may adversely affect the enjoyment of adjacent streets, buildings or open space;
D. Major public views are not blocked by the proposed development. (Res. 4223, 2021)

17.30.070 Lot area.

The minimum lot area required shall be five thousand square feet. (Res. 4223, 2021)

17.30.080 Lot coverage.

There shall be no specific maximum lot coverage set except as follows:

A. Sufficient space shall be provided to satisfy off-street parking and loading area requirements, notwithstanding that all parking may be provided within a structure(s); B. Front yard and open space requirements shall be satisfied; C. For the Monarch Cove Inn parcels, the allowable impervious site coverage (e.g., buildings, paving, decks, etc.) is fifty percent. (Res. 4223, 2021)

17.30.090 Yards.

A. Front, side and rear yard setbacks may be required through design permit approval in order to provide adequate light and air, assure sufficient distance between adjoining uses to minimize any incompatibility and to promote excellence of development. Where a side or rear yard abuts residential property a setback of at least ten feet shall be provided.

B. Front yards and corner lot side yards shall not be used for required parking facilities. 150
Item 8 D.

Capitola Municipal Code
Chapter 17.30 VISITOR SERVING DISTRICT –

MONARCH COVE INN

Page 45 ends

C. For the Monarch Cove Inn parcels located adjacent to the bluff top, new development shall adhere to the setback and development provisions provided in the LUP’s natural hazards policies and in certified zoning Chapter 17.68 (GH Geologic Hazards District). (Res. 4223, 2021)

17.30.100 Parking.

Parking standards shall be as provided in Chapter 17.76. (Res. 4223, 2021)

17.30.110 Loading areas.

Loading areas shall be as provided in Chapter 17.76. (Res. 4223, 2021)

17.30.120 Landscaping and lighting.

See Section 17.72.050(C) for minimum required landscaped areas.

17.30.130 Lighting
All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled. The location, type and wattage of the exterior lighting must be approved by the community development director prior to the issuance of building permits or the establishment of the use. (Res. 4223, 2021)
151
Item 8 D.

Capitola Municipal Code
Chapter 17.30 VISITOR SERVING DISTRICT –

MONARCH COVE INN

Page 46 ends

Chapter 17.30
VISITOR SERVING DISTRICT – MONARCH COVE INN
Sections:

17.30.010 Applicability.

17.30.020 Purpose.

17.30.030 Architectural and site approval.

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

17.30.050 Accessory uses.

17.30.060 Height.

17.30.070 Lot area.

17.30.080 Lot coverage.

17.30.090 Yards.

17.30.100 Parking.

17.30.110 Loading areas.

17.30.120 Landscaping and lighting.

17.30.010 Applicability.

The regulations set forth in this chapter apply to the Monarch Cove Inn parcels. (Res. 4223, 2021)

17.30.020 Purpose.

The purpose of the V-S district is to accommodate the visiting public with a range of opportunities to enjoy the city of Capitola’s coastal location. (Res. 4223, 2021)

17.30.030 Architectural and site approval.

A design permit shall be secured for the establishment and conduct of any conditional or accessory use in a V-S district as provided in Chapter 17.120. (Res. 4223, 2021)

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

The following are the conditionally permitted uses allowed on the Monarch Cove Inn parcels and the portion of parcel 036-142-28 that is located between the two Monarch Cove Inn parcels:

Capitola Municipal Code
Chapter 17.30 VISITOR SERVING DISTRICT –

MONARCH COVE INN

Page 47 ends

17.30.050 Accessory uses.

The following are accessory uses permitted in a V-S district:

A. Signs complying with the applicable regulations set forth in the sign ordinance; B. Accessory uses and buildings customarily appurtenant to a permitted use. (Res. 4223, 2021)

17.30.060 Height.

17.30.070 Lot area.

The minimum lot area required shall be five thousand square feet. (Res. 4223, 2021)

17.30.080 Lot coverage.

There shall be no specific maximum lot coverage set except as follows:

17.30.090 Yards.

B. Front yards and corner lot side yards shall not be used for required parking facilities. 153
Item 8 D.

Capitola Municipal Code
Chapter 17.30 VISITOR SERVING DISTRICT –

MONARCH COVE INN

Page 48 ends

17.30.100 Parking.

Parking standards shall be as provided in Chapter 17.76. (Res. 4223, 2021)

17.30.110 Loading areas.

Loading areas shall be as provided in Chapter 17.76. (Res. 4223, 2021)

17.30.120 Landscaping and lighting.

A minimum of five percent of the lot area shall be landscaped to ensure harmony with adjacent development in accordance with architectural and site approval standards. For the visitor serving Monarch Cove Inn parcels, fifty percent of the parcels shall consist of landscaped or open space areas. The planting of invasive plant species is prohibited. All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled. The location, type and wattage of the exterior lighting must be approved by the community development director prior to the issuance of building permits or the establishment of the use. (Res. 4223, 2021)
154
Item 8 D.

Capitola Municipal Code
Chapter 17.52 ACCESSORY STRUCTURES AND USES

Page 49 ends

Chapter 17.48

HEIGHT, SETBACKS, AND FLOOR AREA
Sections:

17.48.010 Purpose.

17.48.020 Height measurement and exceptions.

17.48.030 Setback measurement and exceptions.

17.48.040 Floor area and floor area ratio.

17.48.010 Purpose.

This chapter establishes rules for the measurement of height, setbacks, and floor area, and permitted exceptions to height and setback requirements.

17.48.020 Height measurement and exceptions.

A. Measurement of Height.

1. The height of a building is measured as the vertical distance from the assumed ground surface to the highest point of the building.

2. “Assumed ground surface” means a line on the exterior wall of a building that connects the points where the perimeter of the wall meets the finished grade. See Figure 17.48-1.

3. If grading or fill on a property within five years of an application increases the height of the assumed ground surface, height shall be measured using an estimation of the assumed ground surface as it existed prior to the grading or fill.

Figure 17.48-1: Measurement of Maximum Permitted Building Height B. Height Exceptions. Buildings may exceed the maximum permitted height in the applicable zoning district as shown in Table 17.48-1. These exceptions may not be combined with any other height exceptions, including but not limited to allowances for additional height in the MU-V zone or for historic structures.

155
Item 8 D.

Capitola Municipal Code
Chapter 17.52 ACCESSORY STRUCTURES AND USES

Page 50 ends

Table 17.48-1: Allowed Projections Above Height Limits
Structures Allowed Above Height Limit Maximum Coverage Maximum Projection Above Height Limit
Nonhabitable decorative features including spires,
belfries, cupolas, domes and other similar architectural elements
10% of roof area 3 ft. in the R-1 zoning district;
6 ft. elsewhere
Skylights 20% of roof area 1 ft.

Chimneys not over 6 feet in width 10% of roof area 3 ft. in R-1 zoning district; 6 ft. elsewhere
Flagpoles not over 8 inches in diameter N/A 3 ft. in R-1 zoning district; 6 ft. elsewhere
Photovoltaic panels and thermal recovery systems No restriction; subject to California Building Code
4 ft.

Building-mounted telecommunications facilities See Chapter 17.104

17.48.030 Setback measurement and exceptions.

A. Setback Measurement. Setbacks from property lines shall be measured as the distance between the property line and the nearest point of the structure along a line at a right angle to the property line. See Figure 17.48-2. Required property line setback areas shall be free and clear of structures except as specified in subsections (D) and (E) of this section.

Figure 17.48-2: Setback Measurement
Note: See specific zoning district for required minimum setback.

B. Yards. When unique circumstances exist, the community development director has the authority to determine the lot configuration (i.e., designation of front, side, and rear property lines) based on existing conditions and function of the lot.

C. Projections over Property Lines. Structures may not extend beyond a property line or into the public right-of-way, except when allowed with an encroachment permit.

D. Projections into Required Setback. Features of the primary structure on a lot may project into required setback areas as shown in Table 17.48-2, subject to the requirements of the building code. See Chapter 17.52 (Accessory Structures and Uses) for setback requirements that apply to accessory structures. New projections into setbacks associated with ESHA are limited to the exceptions of Section 17.64.030(F) (Setback Exceptions on Developed Lots).
156
Item 8 D.

Capitola Municipal Code
Chapter 17.52 ACCESSORY STRUCTURES AND USES

Page 51 ends

Table 17.48-2: Allowed Projections into Required Setbacks

Maximum Projection into Setback
Minimum Distances from
Property Lines Front Rear Interior Side Exterior
Side
Roof Projections
Cornices, eaves, canopies, and similar roof
projections 4 ft. 4 ft. 2 ft. 2 ft. All: 3 ft.

Building Wall Projections
Bay windows, balconies, sills, fireplaces,
chimneys, and similar wall projections [1] 2 ft. 2 ft. 2 ft. 2 ft. All: 3 ft.

Outdoor showers, including privacy screens 0 ft. 4 ft. 4 ft. 0 ft. Interior Side and Rear: 3 ft.

Basement light wells 3 ft. 3 ft. 3 ft. 3 ft. All: 3 ft.

Pergolas attached to a building wall 5 ft. No max No max 4 ft.

Front: 10 ft.

Exterior Side and Rear: 5 ft.

Interior Side: 3 ft.

Entry Features
Stairways and fire escapes or similar
features Not allowed 4 ft. No max Not allowed
Front: Not allowed
Exterior Side: Not allowed
Interior Side: 3 ft.

Rear: 5 ft.

At-grade flatwork such as concrete paving
and patios No max No max No max No max All: No min
Landing places, patios, and decks 18 inches
or less above grade No max No max No max No max Front and Exterior Side: 5 ft.

Interior Side and Rear: 3 ft.

Open and unenclosed entry porches and
decks 19 to 30 inches above grade 4 ft. 6 ft.
1/2 of
required
setback
4 ft.

Front: 10 ft.

Exterior Side and Rear: 5 ft.

Interior Side: 3 ft.

Covered entry porch and decks 19 to 30
inches above grade including roof and roof
overhang
5 ft. Not
applicable
Not
applicable 4 ft.

Front: 10 ft.

Exterior side: 5 ft.

Interior Side and Rear: Not
applicable
Wheelchair ramps and similar features for
the disabled No max No max No max No max All: No min
Note:
[1] Projecting bay window may not exceed sixty percent of the width of the wall in which it is located.

E. Allowed Encroachments in Setback Areas and yards. The following accessory structures and site improvements may project into required setback areas and yards as shown in Table 17.48-3, subject to the requirements of the building code. See Section 17.160.020.Y for definition of “yards” as used in this section. New encroachments into setbacks and yards associated with specific coastal resource issues (e.g., ESHA setbacks, coastal hazard setbacks, etc.) are limited to the exceptions of Section 17.64.030(F) (Setback Exceptions on Developed Lots).

157
Item 8 D.

Capitola Municipal Code
Chapter 17.52 ACCESSORY STRUCTURES AND USES

Page 52 ends

Capitola City CouncilNovember 10, 2022

Capitola City Council
November 10, 2022