Capitola City Council
November 22, 2022

1. The accessory dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 (Glossary).

2. The accessory dwelling unit may not be sold separately from the primary dwelling.

3. For junior accessory dwelling units, restrictions on size, owner occupancy requirement, and attributes in conformance with this chapter.

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory dwelling unit.

C. The deed restriction shall lapse upon removal of the accessory dwelling unit.

17.74.130 Incentives.

A. Fee Waivers for Affordable Units.

1. The city may waive development fees for accessory dwelling units that will be rented at levels affordable to low- or very low-income households.

2. Applicants of affordable accessory dwelling units shall record a deed restriction limiting the rent to low- or very low-income levels prior to issuance of a building permit.

3. Landlords of accessory dwelling units shall be relieved of any affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual Consumer Price Index increase commencing with the date of application for building permit.

B. Historic Properties. The planning commission may allow exceptions to design and development standards for accessory dwelling units proposed on a property that contains a historic resource as defined in Chapter 17.84 (Historic Preservation). To allow such an exception, the planning commission shall approve a design permit and find that the exception is necessary to preserve the architectural character of the primary residence.

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Chapter 17.76

PARKING AND LOADING
Sections:

17.76.010 Purpose.

17.76.020 Applicability.

17.76.030 Required parking spaces.

17.76.040 General requirements.

17.76.050 On-site parking alternatives.

17.76.060 Parking design and development standards.

17.76.070 Parking lot landscaping.

17.76.080 Bicycle parking.

17.76.090 Visitor serving parking.

17.76.100 On-site loading.

17.76.010 Purpose.

This chapter establishes on-site parking and loading requirements in order to:

A. Provide a sufficient number of on-site parking spaces for all land uses.

B. Provide for functional on-site parking areas that are safe for vehicles and pedestrians.

C. Ensure that parking areas are well-designed and contribute to a high-quality design environment in Capitola.

D. Allow for flexibility in on-site parking requirements to support a multi-modal transportation system and sustainable development pattern.

E. Ensure that on-site parking areas do not adversely impact land uses on neighboring properties.

17.76.020 Applicability.

This chapter establishes parking requirements for three development scenarios: establishment of new structures and uses, replacement of existing uses, and expansion and enlargement of existing structures and uses.

A. New Structures and Uses. On-site parking and loading as required by this chapter shall be provided any time a new structure is constructed or a new land use is established.

B. Replacing Existing Uses.

1. Mixed Use Village Zoning District.
a. Where an existing residential use is changed to a commercial use in the mixed use village (MU-V) zoning district, parking shall be provided for the full amount required by the new use. No space credit for the previous use may be granted.
b. In all other changes of use in the mixed use village (MU-V) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.

2. Other Zoning Districts. Where an existing use is changed to a new use outside of the mixed use village (MUV) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.

C. Expansions and Enlargements.

1. Nonresidential Use.
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a. Where an existing structure with a nonresidential use is expanded or enlarged, additional parking is required to serve only the expanded or enlarged area, except as allowed by subsection (C)(1)(b) of this section.
b. Within the mixed use village (MU-V) zoning district, an eating and drinking establishment may expand by up to twenty percent of the existing floor area of the business without providing additional parking.

Permitted expansions include modification of the internal building layout to enlarge the dining area, additions to the size of the business within an existing building footprint, and new outdoor dining areas.

This provision applies only to a single expansion of floor area. Subsequent expansions must provide additional parking.

2. Residential Use. For an existing structure with a residential use, the full amount of parking to serve the use is required when the floor area is increased by more than ten percent.

17.76.030 Required parking spaces.

A. Mixed Use Village Zoning District. All land uses in the mixed use village (MU-V) zoning district shall provide the minimum number of on-site parking spaces as specified in Table 17.76-1. Required parking for uses not listed in Table 17.76-1 shall be the same as required for land uses in other zoning districts as shown in Table 17.76-2.

Table 17.76-1: Required On-Site Parking in the Mixed Use Village Zoning District Land Uses
Number of Required Parking Spaces
Mixed Use Village (MU-V)
Retail 1 per 240 sq. ft.

Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 240 sq. ft.

Personal Services 1 per 240 sq. ft.

Hotels
With more than 20 guest rooms As determined by a parking demand study [1] With 20 or fewer guest rooms 1 per guest room plus additional spaces as required by the planning commission Note:
[1] The parking demand study shall be paid for by the applicant, contracted by the city, and approved by the planning commission. In the coastal zone, in all cases, hotel development shall provide adequate parking as determined by the planning commission.

B. Other Zoning Districts. Land uses in zoning districts other than the mixed use village zoning district shall provide a minimum number of on-site parking spaces as specified in Table 17.76-2.

Table 17.76-2: Required On-Site Parking in Other Zoning Districts Land Uses Number of Required Parking Spaces
Residential Land Uses
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Land Uses Number of Required Parking Spaces
Duplex Homes 2 per unit, 1 covered
Elderly and Long-Term Care 1 per 6 beds plus 1 per 300 sq. ft. of office and other nonresidential areas Group Housing (includes single-room occupancy) 1 per unit plus 1 guest space per 6 units Mobile Home Parks 1 per unit plus 1 per office and 1 guest space per 10 units Multifamily Dwellings 2.5 per unit, 1 covered
Residential Care Facilities, Small 0.5 per bed plus 1 per 300 sq. ft. of office and other nonresidential areas Residential Care Facilities, Large 0.5 per bed plus 1 per 300 sq. ft. of office and other nonresidential areas Accessory Dwelling Units See Chapter 17.74 (Accessory Dwelling Units) Single-Family Dwellings 1,500 sq. ft. or less: 2 per unit 1,501 – 2,000 sq. ft.: 2 per unit, 1 covered
2,001 – 2,600 sq. ft.: 3 per unit, 1 covered
2,601 sq. ft. or more: 4 per unit, 1 covered
Public and Quasi-Public Land Uses
Community Assembly 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats Cultural Institutions As determined by a parking demand study Day Care Centers 1 per 400 sq. ft. of floor area used for daycare and 1 per employee Government Offices 1 per 300 sq. ft.

Home Day Care, Large 1 per each nonresident employee
Home Day Care, Small None beyond minimum for residential use Medical Offices and Clinics 1 per 300 sq. ft.

Parks and Recreational Facilities As determined by a parking demand study Public Safety Facilities As determined by a parking demand study Schools, Public or Private 2 per classroom
Commercial Land Uses
Banks and Financial Institutions 1 per 300 sq. ft.

Business Services 1 per 300 sq. ft.

Commercial Entertainment and Recreation 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 300 sq. ft. of gross floor area Food Preparation 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office area Gas and Service Stations 2 for gas station plus 1 per 100 sq. ft. of retail and as required for vehicle repair Lodging
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Land Uses Number of Required Parking Spaces
Bed and Breakfast 1 per guest room plus parking required for residential use Hotel 1 per guest room plus 1 per 300 sq. ft. of office Maintenance and Repair Services 1 per 600 sq. ft.

Personal Services 1 per 300 sq. ft.

Professional Offices 1 per 300 sq. ft.

Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of outdoor use area Self-Storage 1 per 5,000 sq. ft.

Retail 1 per 300 sq. ft. of customer area
Vehicle Repair 1 per 500 sq. ft. of nonservice bay floor area plus 2 per service bay Vehicle Sales and Rental 1 per 300 sq. ft. for offices plus 1 per 1,000 sq. ft. of display area and requirements for vehicle repair where applicable
Wholesale 1 per 5,000 sq. ft.

Heavy Commercial and Industrial Land Uses
Construction and Material Yards 1 per 2,500 sq. ft.

Custom Manufacturing 1 per 2,000 sq. ft., plus 1 per 300 sq. ft. of office Light Manufacturing 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office Warehouse, Distribution, and Storage Facilities 1 per 1,500 sq. ft.

Transportation, Communication, and Utility Uses
Utilities, Major As determined by a parking demand study Utilities, Minor None
Recycling Collection Facilities 1 per 1,000 sq. ft. of floor area Wireless Communications Facilities None
Other Uses
Accessory Uses Same as primary use
Home Occupation None beyond requirement for residence
Quasi-Public Seating Areas None
Temporary Uses As determined by review authority
Urban Agriculture
Home Gardens None beyond requirement for residence
Community Gardens None
Urban Farms As determined by a parking demand study
C. Calculation of Required Spaces.

1. Floor Area. Where a parking requirement is a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. The floor area of a use shall be calculated as described in Section 175
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17.48.040 (Floor area and floor area ratio). Floor area for the area of the required parking space (i.e., ten feet by twenty feet) and up to one hundred twenty-five square feet of ancillary space within garages and other parking facilities are not included in the calculation of floor area for the purpose of determining on-site parking requirements.

2. Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees is based on the largest shift that occurs in a typical week.

3. Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each twenty-four inches of bench-type seating at maximum seating capacity is counted as one seat.

4. Fractional Spaces. In determining the number of required parking, fractions of spaces over one-half shall be rounded up to the next whole number.

D. Unlisted Uses. The parking requirement for land uses not listed in Tables 17.76-1 and 17.76-2 shall be determined by the community development director based on the requirement for the most comparable similar use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

E. Sites with Multiple Uses. Where more than one land use is conducted on a site, the minimum number of required on-site parking spaces shall be the sum of the number of parking spaces required for each individual use.

F. Additional Required Parking. The planning commission may require more on-site parking than required by Tables 17.76-1 and 17.76-2 if the planning commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties.

17.76.040 General requirements.

A. Availability and Use of Spaces.

1. In all zoning districts, required parking spaces shall be permanently available and maintained to provide parking for the use they are intended to serve.

2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

3. A conditional use permit is required to designate parking spaces for exclusive use by an individual tenant within an integrated commercial complex.

4. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning code.

B. Parking in Front and Exterior Side Setback Areas.

1. R-1 Zoning District. In the R-1 zoning district, the width of a parking space in the required front or exterior side setback area may not exceed forty percent of lot width up to a maximum of twenty feet, except that all lots may have a parking space of up to fourteen feet in width regardless of lot width. See Figure 17.76-1. The planning commission may allow a larger parking area within the required front and exterior side setback areas with a design permit if the larger parking area incorporates design features, such as impervious materials and enhanced landscaping, which minimize visual impacts to the neighborhood.

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Figure 17.76-1: Parking in Front Setback Area in R-1 Zoning District

2. Other Zoning Districts.
a. In all zoning districts other than the R-1 zoning district, required parking spaces may not be located within required front or exterior side setback areas.
b. In the mixed use village zoning district, parking may be located adjacent to the street-facing property line in accordance with Section 17.20.030(E)(5) (Parking Location and Buffers). c. In the mixed use neighborhood zoning district, parking may be located in the front or exterior side setback area if approved by the planning commission in accordance with Section 17.20.040(E) (Parking Location and Buffers).

C. Location of Parking.

1. All Zoning Districts. Required parking spaces may not be located within any public or private right-of-way unless located in a sidewalk exempt area and if an encroachment permit is granted.

2. R-1 Zoning District. Required parking spaces in the R-1 zoning district shall be on the same parcel as the use that they serve.

3. MU-V Zoning District. Required parking in the MU-V district for new development and intensified uses shall be provided in compliance with the following:
a. The planning commission may approve on-site parking as follows:
i. For property fronting a Commercial Core street shown in Figure 17.76-2, on-site parking is allowed if access to parking is from a side street, alleyway, or existing driveway cut. New driveway cuts are prohibited along a Commercial Core street frontage.
ii. For the Capitola Theater and Mercantile sites, on-site parking is allowed if parking areas are located on the interior of the site(s) and do not directly abut a Commercial Core street. Driveway cuts to serve on-site parking are limited to one cut per site; however, the planning commission may approve additional driveway cuts if (A) a parking and circulation study shows that additional access is necessary to reasonably serve the use; and (B) driveway cuts are located and designed to preserve or enhance pedestrian and vehicle safety.
iii. Within the Riverview Avenue, Cherry Avenue, and Cliff Drive residential overlays. 177
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iv. On properties that do not front a Commercial Core street. v. As mandated by Federal Emergency Management Agency (FEMA) regulations. b. The planning commission may permit off-site parking if the space(s) are within walking distance of the use which it serves or located at a remote site served by a shuttle system.

Figure 17.76-2: MU-V Parking Location Map
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4. Other Zoning Districts. In all zoning districts other than the R-1 and MU-V zoning districts, required parking shall be located on the same lot as the use the parking is intended to serve, except as allowed by Section

17.76.050(D).

D. Large Vehicle Storage in the R-1 Zoning District. In addition to the required on-site parking spaces for a singlefamily dwelling, one additional on-site parking or storage space may be provided on a parcel in the R-1 zoning district for a recreational vehicle, boat, camper, or similar vehicle. This space may not be located in a required front or exterior side setback area and may be utilized only to store a vehicle that does not exceed thirteen and one-half feet in height, eight and one-half feet in width, and twenty-five feet in length. Such parking or storage spaces shall be finished in concrete, asphalt, semi-permeable pavers, or a similar paved surface.

E. Covered Parking in the R-1 Zoning District.

1. When required by this chapter, covered parking spaces serving a single-family dwelling shall be provided within an enclosed garage. The planning commission may allow required covered parking spaces to be provided within an open carport with a design permit if the planning commission finds that a garage is practically infeasible or that a carport results in a superior project design.

2. All carports serving a single-family dwelling shall comply with the following design standards:
a. Carports shall be designed with high-quality materials, compatible with the home. The roofing design, pitch, colors, exterior materials and supporting posts shall be similar to the home. The carport shall appear substantial and decoratively finished in a style matching the home which it serves. b. The slope of a carport roof shall substantially match the roof slope of the home which it serves. c. Pedestrian pathways connecting the carport with the home shall be provided.

3. Garages in the R-1 zoning district may be converted to habitable living space only if the total number of required on-site parking spaces is maintained, including covered spaces for the covered parking space requirement.

F. Electric Vehicle Charging Stations.

1. Building Code Requirements. Electric vehicle charging stations shall be provided in accordance with the requirements of the California Green Building Standards Code.

1. When Required. Electric vehicle charging stations shall be provided:
a. For new structures or uses required to provide at least twenty-five parking spaces; and b. Additions or remodels that increase an existing parking lot of fifty or more spaces by ten percent or more.

2. Number of Charging Stations. The number of required charging stations shall be calculated as follows:
a. Twenty-five to forty-nine parking spaces: one charging station. b. Fifty to one hundred parking spaces: two charging stations, plus one for each additional fifty parking spaces.
c. For the purpose of calculating required number of charging stations, parking spaces shall include existing and proposed spaces.

23. Use of Space Location and Signage. Charging stations shall be installed adjacent to standard size parking spaces. Signage shall be installed designating electric vehicle charging spaces with charging stations for electric vehicles onlyfor the exclusive purpose of charging and parking an electric vehicle. 179
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3. Digital Operation Screens.
a. Digital operation screens are defined for the purposes of this section as interactive digital displays used solely for the operation and required for the functionality of the electric vehicle charging station. b. Digital operation screens are permitted and are limited to a maximum screen size of 2 square feet. The Community Development Director may allow for a larger screen size of up to of 4 square feet upon determining that the larger screen is necessary for the functionality of the charging stationa.

4. Placement on Lot. Electric vehicle charging equipment must be located outside of minimum required property line setbacks.

5. Screening. Electric vehicle charging stations on lots with six spaces or more (including spaces not used for electric vehicle charging) are subject to the screening requirements in Section 17.76.060.I.

6. Impacts on Required Parking Spaces. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses on the property, the number of required parking spaces for the existing uses shall be reduced by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

7. Permits Required.
a. An application for an electric vehicle charging station that complies with all applicable requirements shall be approved ministerially with a building permit. A design permit or other type of planning permit is not required.
b. The process to review and act on the application shall be as provided in Government Code Sections 65850.7 and 65850.71.

G. Parking for Persons with Disabilities.

1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.

2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Tables 17.76-1 and 17.76-2.

H. Curb-Side Service.

1. Curb-side (drive-up) service for retail uses is allowed in all commercial and mixed use zoning districts.

2. Restaurant curb-side service requires a conditional use permit in the regional commercial (C-R) zoning district and is prohibited in all other zoning districts.

17.76.050 On-site parking alternatives.

A. Purpose. This section identifies alternatives to required on-site parking to:

1. Allow for creative parking solutions;

2. Enhance economic vitality in Capitola;

3. Promote walking, biking, and use of transit; and

4. Encourage the efficient use of land resources consistent with the general plan.

B. Eligibility. Alternatives to required on-site parking in this section are available only to uses located outside of the mixed use village zoning district, except for:
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1. Valet parking (subsection F of this section) which is available in all zoning districts, including the mixed use village zoning district; and

2. Fees in lieu of parking (subsection I of this section), which are available only to uses in the mixed use village zoning district.

C. Required Approval. All reductions in on-site parking described in this section require planning commission approval of a conditional use permit.

D. Off-Site Parking.

1. For multifamily housing and nonresidential uses, the planning commission may allow off-site parking if the commission finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.

2. Off-site parking shall be located within a reasonable distance of the use it is intended to serve, as determined by the planning commission.

3. A deed restriction or other legal instrument, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the on-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained in Capitola. This covenant shall stipulate that the title and right to use the parcels shall not be subject to multiple covenants or contracts for use without prior written consent of the city.

E. Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ.

The planning commission may allow shared parking subject to the following requirements:

1. A parking demand study prepared by a specialized consultant contracted by the community development director, paid for by the applicant, and approved by the planning commission demonstrates that there will be no substantial conflicts between the land uses’ principal hours of operation and periods of peak parking demand.

2. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use.

3. The proposed shared parking facility is located no further than four hundred feet from the primary entrance of the land use which it serves.

4. In the mixed use neighborhood (MU-N) zoning district the reduction for shared parking is no greater than twenty-five percent of the required on-site parking spaces.

F. Valet Parking. The planning commission may allow up to twenty-five percent of the required on-site parking spaces to be off-site valet spaces (except for a hotel on the former Village Theater site (APNs 035-262-04, 035-262- 02, and 035-261-10) for which there is no maximum limit of off-site valet spaces). Valet parking shall comply with the following standards:

1. Valet parking lots must be staffed when business is open by an attendant who is authorized and able to move vehicles.

2. A valet parking plan shall be reviewed and approved by the community development director in consultation with the public works director.

3. Valet parking may not interfere with or obstruct vehicle or pedestrian circulation on the site or on any public street or sidewalk.

4. The use served by valet parking shall provide a designated drop-off and pick-up area. The drop-off and pickup area may be located adjacent to the building, but it may not be located within a fire lane, impede vehicular and/or pedestrian circulation, or cause queuing in the right-of-way or drive aisle. 181
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G. Low Demand. The number of required on-site parking spaces may be reduced if the planning commission finds that the land use will not utilize the required number of spaces due to the nature of the specific use. This finding shall be supported by the results of a parking demand study approved by the community development director in consultation with the public works director.

H. Transportation Demand Management Plan. The planning commission may reduce the number of required on-site parking spaces for employers that adopt and implement a transportation demand management (TDM) plan subject to the following requirements and limitations:

1. A TDM plan reduction is available only to employers with twenty-five or more employees.

2. Required on-site parking spaces may be reduced by no more than fifteen percent.

3. The TDM plan shall be approved by the community development director in consultation with the public works director.

4. The TDM plan shall identify specific measures that will measurably reduce the demand for on-site parking spaces. Acceptable measures must ensure a reduced demand for parking spaces (e.g., an employee operated shuttle program). Measures that only encourage the use of public transit, ridesharing, biking, or walking will not be accepted.

5. The employer shall appoint a program coordinator to oversee transportation demand management activities.

6. The program coordinator must provide a report annually to the planning commission that details the implementation strategies and effectiveness of the TDM plan.

7. The planning commission may revoke the TDM plan at any time and require additional parking spaces on site upon finding that the plan has not been implemented as required or that the plan has not produced the reduction in the demand for on-site parking spaces as originally intended.

I. Fees in Lieu of Parking.

1. Within the MU-V zoning district, on-site parking requirements for hotel uses may be satisfied by payment of an in-lieu parking fee established by the city council to provide an equivalent number of parking spaces in a municipal parking lot. Such payment must be made before issuance of a building permit or a certificate of occupancy. Requests to participate in an in-lieu parking program must be approved by the city council. A proposed hotel may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zones) if any part of the site is located in the coastal zone. A parking plan shall be reviewed within a CDP, to ensure the development will not have adverse impacts on coastal resources.

2. Fee revenue must be used to provide public parking in the vicinity of the use. In establishing parking districts, the city council may set limitations on the number of spaces or the maximum percentage of parking spaces required for which an in-lieu fee may be tendered.

J. Transit Center Credit. Provided a regional transit center is located within the Capitola Mall property, the planning commission may reduce the number of required parking spaces by up to ten percent for residential mixed use projects in the Capitola Mall property bounded by Clares Street, Capitola Road, and 41st Avenue.

17.76.060 Parking design and development standards.

A. Minimum Parking Space Dimensions. Minimum dimensions of parking spaces shall be as shown in Table 17.76-

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Table 17.76-3: Minimum Parking Space Dimensions
Type of Space Minimum Space
Dimensions
Spaces Serving Single-Family
Dwellings

Uncovered and covered
(garage) spaces
10 ft. by 20 ft. [1]
In sidewalk exempt areas 10 ft. by 18 ft.

Spaces Serving Multifamily and
Nonresidential Uses

Standard Spaces 9 ft. by 18 ft.

Compact Spaces 8 ft. by 16 ft.

Tandem Spaces [2] 9 ft. by 18 ft.

Notes:
[1] The dimensions of parking spaces in an enclosed garage shall be measured from the interior garage walls. [2] See subsection (E)(3) of this section (Tandem Parking Spaces).

B. Compact Spaces. A maximum of thirty percent of required on-site parking spaces serving multifamily and nonresidential uses may be compact spaces. All parking spaces for compact cars shall be clearly marked with the word “Compact” either on the wheel stop or curb, or on the pavement at the opening of the space.

C. Parking Lot Dimensions. The dimensions of parking spaces, maneuvering aisles, and access ways within a parking lot shall conform to the city’s official parking space standard specifications maintained by the public works director and as shown in Figure 17.76-3 and Table 17.76-4.

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Figure 17.76-3: Standard Parking Lot Dimensions
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Table 17.76-4: Standard Parking Lot Dimensions
Parking Angle
Width Depth Aisle Single Bay Double Bay
Compact Standard Compact Standard Compact Residential Commercial Compact Residential Commercial Compact Residential Commercial 90 7'-6" 8'-6" 15'-0" 18'-0" 20'-0" 22'-0" 25'-0" 35'-0" 40'-0" 43'-0" 50'-0" 58'-0" 61'-0" 85 7'-7" 8'-6" 15'-7" 18'-8" 19'-0" 21'-0" 24'-0" 34'-7" 39'-8" 42'-8" 50'-2" 58'-4" 61'-0" 80 7'-8" 8'-7" 16'-1" 19'-2" 18'-0" 20'-0" 23'-0" 34'-1" 39'-2" 42'-4" 50'-2" 58'-4" 61'-0" 75 7'-9" 8'-10" 16'-5" 19'-7" 17'-0" 19'-0" 22'-0" 33'-5" 38'-7" 41'-7" 49'-10" 58'-2" 61'-0" 70 8'-0" 9'-0" 16'-9" 19'-10" 16'-0" 18'-0" 21'-0" 32'-9" 37'-10" 40'-10" 49'-6" 57'-8" 66'-8" 65 8'-4" 9'-4" 16'-10" 19'-11" 15'-0" 17'-0" 20'-0" 31'-10" 36'-11" 39'-11" 48'-8" 56'-10" 59'-10" 60 8'-8" 9'-10" 16'-9" 19'-10" 14'-0" 16'-0" 19'-0" 30'-9" 35'-10" 38'-10" 47'-6" 55'-8" 58'-8" 55 9'-1" 10'-4" 16'-7" 19'-7" 13'-0" 15'-0" 18'-0" 29'-7" 34'-7" 37'-7" 46'-2" 54'-2" 57'-2" 50 9'-10" 11'-1" 16'-4" 19'-2" 12'-0" 14'-0" 17'-0" 28'-4" 33'-2" 36'-2" 44'-8" 52'-4" 55'-4" 45 10'-7" 12'-0" 15'-11" 18'-8" 11'-0" 13'-0" 16'-0" 25'-5" 30'-0" 33'-0" 42'-10" 50'-4" 53'-4" 40 11'-8" 13'-2" 15'-15" 18'-0" 10'-0" 12'-0" 15'-0" 24'-8" 28'-2" 31'-2" 40'-10" 48'-0" 51'-0" 35 13'-1" 14'-10" 14'-8" 17'-2" 10'-0" 11'-0" 14'-0" 24'-0" 26'-2" 29'-2" 39'-4" 45'-4" 48'-4" 30 15'-3" 17'-0" 14'-0" 16'-2" 10'-0" 10-0" 13'-0" 35'-0" 40'-0" 43'-0" 38'-0" 42'-4" 45'-4" 185
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D. Surfacing.

1. All parking spaces, maneuvering aisles, and access ways shall be paved with asphalt, concrete, or other allweather surface.

2. Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a preferred surface material, subject to approval by the public works director.

E. Tandem Parking Spaces. Tandem parking spaces are permitted for all residential land uses; provided, that they comply with the following standards:

1. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.

2. For single-family dwellings, tandem parking is permitted for up to two uncovered spaces in front of a garage, with a maximum of three tandem spaces, including the covered space in a single garage. Tandem parking spaces of three spaces or more require planning commission approval.

3. The minimum size of an uncovered tandem parking space may be reduced to nine feet by eighteen feet.

4. All required guest parking shall be provided as single, nontandem parking spaces.

5. Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.

6. Tandem parking spaces shall be used to accommodate passenger vehicles only.

F. Parking Lifts. Required parking may be provided using elevator-like mechanical parking systems (“lifts”) provided the lifts are located within an enclosed structure or otherwise screened from public view. Parking lifts shall be maintained and operable through the life of the project.

G. Lighting.

1. A parking area with six or more parking spaces shall include outdoor lighting that provides adequate illumination for public safety over the entire parking area.

2. Outdoor lighting as required above shall be provided during nighttime business hours.

3. All parking space area lighting shall be energy efficient and directed away from residential properties to minimize light trespass.

4. All fixtures shall be hooded and downward facing so the lighting source is not directly visible from the public right-of-way or adjoining properties.

5. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).

H. Pedestrian Access.

1. Parking lots with more than thirty parking spaces shall include a pedestrian walkway in compliance with ADA requirements.

2. The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material, or other similar method as approved by the community development director.

I. Screening. Parking lots of six spaces or more shall comply with the following screening standards:

1. Location. Screening shall be provided along the perimeter of parking lots fronting a street or abutting a residential zoning district.
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2. Height.
a. Screening adjacent to streets shall have a minimum height of three feet. b. For parking lots within ten feet of a residential zoning district, screening shall have a minimum height of six feet, with additional height allowed with planning commission approval.

3. Materials – General. Required screening may consist of one or more of the following materials (see Section

17.76.070 (Parking lot landscaping) for landscaping screening requirements):
a. Low-profile walls constructed of brick, stone, stucco or other durable material. b. Evergreen plants that form an opaque screen.
c. An open fence combined with landscaping to form an opaque screen. d. A berm landscaped with ground cover, shrubs, or trees.

4. Materials – Adjacent Residential. Parking lots within ten feet of a residential zoning district shall be screened by a masonry wall.

J. Drainage. A drainage plan for all parking lots shall be approved by the public works director.

K. Adjustments to Parking Design and Development Standards. The planning commission may allow adjustments to parking design and development standards in this section through the approval of a minor modification as described in Chapter 17.136 (Minor Modifications).

17.76.070 Parking lot landscaping.

See 17.72.055 (Parking Lot Landscaping).

A. General Standards. All landscaping within parking lots shall comply with the requirements of Chapter 17.72 (Landscaping) in addition to the standards within this section.

B. Landscaping Defined. Except as otherwise specified in this section, landscaping and landscaped areas shall consist of plant materials, including any combination of trees, shrubs, and ground cover.

C. Interior Landscaping. All areas within a parking lot not utilized for parking spaces or access/circulation shall be landscaped. For parking lots with more than fifteen spaces, the minimum amount of interior landscaping is specified in Table 17.76-5. “Interior landscaping” is defined as any landscaped area surrounded on at least two sides by parking spaces or drive aisles, and excluding areas around the perimeter of the parcel or development site.

Table 17.76-5: Minimum Required Parking Lot Landscaping Number of Required Parking
Spaces
Percent of Surface Parking
Area to Be Landscaped
16 to 30 10%
31 to 60 15%
Over 60 20%
D. Shade Trees.

1. One shade tree shall be provided for every five parking spaces in a parking lot.

2. Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.
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3. Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.

4. Shade trees shall be arranged in a parking lot to provide maximum shade coverage (based on a thirty-foot canopy) on August 21st. The arrangement should approximate nearly fifty percent shade coverage.

5. The planning commission may grant an exception to the required tree plantings if the fifty percent shade coverage exists within the parking lot.

E. Concrete Curbs.

1. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of four inches high by four inches deep.

2. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory storm water drainage standards.

F. Parking Space Landscaping. A maximum of two feet at the front end of a parking space may be landscaped with low shrubs or ground cover in which a vehicle could extend over in lieu of paving surface. This landscaping may not count toward minimum required parking lot landscaped area.

G. Timing. Landscaping shall be installed prior to the city’s authorization to occupy any buildings served by the parking area, or prior to the final inspection for the parking lot.

H. Green Parking Exemptions. Parking lots that incorporate solar panels, bioswales, and other similar green features into the parking lot design are eligible for reduced parking lot landscaping requirements with planning commission approval of a design permit.

I. Exceptions. The planning commission may grant an exception to the parking lot landscaping requirements in this section with the approval of a design permit upon finding that:

1. Full compliance with the requirement is infeasible or undesirable;

2. The project complies with the requirement to the greatest extent possible; and

3. The project incorporates other features to compensate for the exception and create a high-quality design environment.

17.76.080 Bicycle parking.

A. Applicability. All new multifamily developments of five units or more and commercial uses served by parking lots of ten spaces or more shall provide bicycle parking as specified in this section.

B. Types of Bicycle Parking.

1. Short-Term Bicycle Parking. Short-term bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.

2. Long-Term Parking. Long-term bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours or more a secure and weather-protected place to park bicycles. Longterm parking may be located in publicly accessible areas or in garages or other limited access areas for exclusive use by tenants or residents.

C. Bicycle Parking Spaces Required. Short-term and long-term bicycle parking spaces shall be provided as specified in Table 17.76-6.

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Table 17.76-6: Required Bicycle Parking Spaces
Land Use
Required Bicycle Parking Spaces
Short-Term Spaces Long-Term Spaces
Multifamily Dwellings and Group Housing 10% of required automobile spaces; minimum of 4 spaces
1 per unit
Nonresidential Uses 10% of required automobile spaces 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater
D. Short-Term Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve.

E. Long-Term Bicycle Parking Standards. The following standards apply to long-term bicycle parking:

1. Location. Long-term bicycle parking shall be located within seven hundred fifty feet of the use that it is intended to serve.

2. Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are:
a. In a locked room or area enclosed by a fence with a locked gate; b. Within view or within one hundred feet of an attendant or security guard; c. In an area that is monitored by a security camera; or d. Visible from employee work areas.

F. Parking Space Dimensions.

1. Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.

2. An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.

3. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, pedestrian paths, and other similar features.

4. Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.

G. Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in a fixed position. The planning commission may allow creative approaches to rack design (e.g., vertical wall-mounted bicycle racks) if physical site constraints render compliance with bicycle parking design standards impractical or undesirable.

H. Cover. If bicycle parking spaces are covered, the covers shall be permanent and designed to protect the bicycles from rainfall.

17.76.090 Visitor serving parking.

A. Shuttle Program Parking. Parking for the free summer beach shuttle program shall be provided in a remote lot or lots, such as those located on Bay Avenue and the Village public parking lots. The free shuttle shall operate, at a minimum, on weekends and holidays between Memorial Day weekend and Labor Day weekend.

B. Public Parking in the Coastal Zone.

1. Public parking existing as of June 9, 2021, in the following locations in the CF zoning district shall be maintained for public parking:
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a. The Upper City Hall parking lot;
b. The Cliff Drive overlook parking; and
c. The Cliff Drive Southern Pacific railroad right-of-way parking unless Cliff Drive must be relocated due to cliff erosion.

2. Substantial changes in public parking facilities in the coastal zone require a local coastal program (LCP) amendment.

3. Expansion of any existing legally established residential parking programs and/or new residential parking programs in the coastal zone require an amendment to coastal development permit 3-87-42 and consistency with the LCP land use plan.

4. The city shall evaluate the potential impact on public coastal access when considering a coastal development permit application for any development that would reduce public parking spaces near beach access points, shoreline trails, or parklands, including any changes to the residential parking program established under coastal development permit 3-87-42. When parking is reduced, the city shall evaluate alternative opportunities for public coastal access as needed to ensure existing levels of public access are maintained, or if possible enhanced. Such opportunities may include bicycle lanes and bicycle parking, pedestrian trails, relocated vehicular parking spaces, and enhanced shuttle/transit service.

17.76.100 On-site loading.

A. Applicability. All retail, hotel, warehousing, manufacturing, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide on-site loading spaces consistent with the requirements of this section.

B. Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table

17.76-7.

Table 17.76-7: Required Loading Spaces
Floor Area Required Loading Spaces
Less than 10,000 sq. ft. None
10,000 to 30,000 sq. ft. 1
Greater than 30,000 sq. ft. 2 plus 1 per each additional 20,000 sq. ft.

C. Location.

1. Required loading spaces shall be located on the same lot as the use they are intended to serve.

2. No loading space shall be located closer than fifty feet to a residential zoning district, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight feet in height.

D. Dimensions.

1. Each loading space shall have minimum dimensions of ten feet wide, twenty-five feet long, and fourteen feet in vertical clearance.

2. Deviations from the minimum dimension standards may be approved by the community development director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.

E. Design and Configuration.
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1. Loading spaces shall be configured to ensure that loading and unloading takes place on site and not within adjacent public rights-of-way.

2. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.

3. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.

4. Loading spaces shall be striped and clearly identified as for loading purposes only. 191
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Chapter 17.80
SIGNS
Sections:

17.80.010 Purpose and applicability.

17.80.020 Definitions.

17.80.030 Permit requirements.

17.80.040 Rules of measurement.

17.80.050 Signs allowed without permits.

17.80.060 Prohibited signs.

17.80.070 General sign standards.

17.80.080 Standards for specific types of signs.

17.80.090 Design standards.

17.80.100 Residential signs – Multi-unit properties.

17.80.110 Temporary signs.

17.80.120 Adjustment to sign standards.

17.80.130 Master sign program.

17.80.140 Nonconforming signs.

17.80.150 Violations and enforcement.

17.80.010 Purpose and applicability.

A. Purpose. This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:

1. Support economically viable businesses serving city residents, workers, and visitors.

2. Allow for signage that identifies businesses in a fair and equitable manner.

3. Protect and enhance the aesthetic qualities of the city.

4. Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.

5. Allow for a simple and streamlined sign permitting process.

B. Applicability. This chapter applies to all signs in Capitola, except for city-installed signs and signs required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.

17.80.020 Definitions.

The following definitions apply to this chapter:

A. “Awning sign” means a sign incorporated into, attached, or painted on an awning.

B. “Awning face sign” means a sign located on the sloping plane face of an awning.

C. “Awning valance sign” means a sign located on the valance of an awning perpendicular to the ground.

D. “Center identification sign” means a sign identifying the name of a shopping center and that does not include the name of any business within the center. A shopping center is a commercial building or group of buildings operated as a unit on a single parcel, sharing common parking areas or commonly owned adjacent parcels.

E. “Commercial message” means any sign copy that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction.

F. “Commercial sign” means a sign with a commercial message.

G. “Construction site sign” means an on-premises sign for an approved construction project that publicizes the 192
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future building and occupants as well as the architects, engineers and construction organizations involved in the project.

H. “Directory sign” means an on-premises sign which shows the direction to or location of a customer entrance to a business.

I. “Election period” means the period beginning one hundred twenty days before and ending one day after any national, state, or local election in which city electors may vote.

J. “Flags” means fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.

K. “Monument sign” means an independent, freestanding structure supported on the ground as opposed to being supported on the building.

L. “Projecting sign” means any sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall.

M. “Roof sign” means any sign that is mounted on a roof or a parapet of a building.

N. “Sidewalk sign” means movable or permanent business identification signs placed in or attached to a public sidewalk.

O. “Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise or announce the purpose of a business or entity, or to communicate information of any kind to the public.

P. Sign Area. See Section 17.80.040(A) (Calculation of Sign Area).

Q. “Sign copy” means the area of a sign occupied by letters, numbers, graphics, or other content intended to inform, direct, or otherwise transmit information.

R. “Sign face” means the area of a sign where sign copy is placed.

S. “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

T. “Window sign” means a sign posted, painted, placed, or affixed in or on a window exposed to public view or within one foot and parallel to a window exposed to public view.

17.80.030 Permit requirements.

A. Administrative Sign Permits. An administrative sign permit (Chapter 17.132) is required to install, construct, or enlarge a sign, except for:

1. Signs exempt from the permit requirements of this chapter as specified in Section 17.80.050 (Signs allowed without permits).

2. Signs requiring a sign permit as identified in subsection B of this section.

B. Sign Permits. Planning commission approval of a sign permit (Chapter 17.132) is required for the following types of signs and approvals:

1. New signs in the mixed use village (MU-V) zoning district.

2. Exterior neon signs.

3. Monument signs for more than four tenants.

4. Auto dealership signs in the C-R zoning district (Section 17.80.080(A)) that are not otherwise allowed with 193
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an administrative sign permit.

5. Adjustments to sign standards in low visibility areas in commercial zoning districts (Section 17.80.120(E)).

6. Signs that do not conform with permitted sign types and standards in Section 17.80.080 (Standards for specific types of signs).

7. Master sign programs (Section 17.80.130).

C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.

D. Message Neutrality.

1. It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech, and is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.

2. Where necessary, the director will interpret the meaning and applicability of this chapter in light of this message neutrality policy.

E. Message Substitution.

1. Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign without consideration of message content.

2. Message substitutions are allowed by right without a permit.

3. This message substitution provision does not:
a. Create a right to increase the total amount of signage beyond that otherwise allowed or existing; b. Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies;
c. Allow a change in the physical structure of a sign or its mounting device; d. Allow the establishment of a prohibited sign as identified in Section 17.80.060 (Prohibited signs); or e. Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.

F. City-Installed Signs. City-installed signs in all zoning districts do not require a permit.

G. Other Government-Installed Signs. Governmental agency-installed signs to carry out its responsibility to protect the public health, safety, and general welfare in all zoning districts do not require a permit.

H. Signs in the Coastal Zone.

1. If a proposed sign is located in the coastal zone, it may require a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone). Approval of a CDP requires conformance with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval).

2. Notwithstanding all applicable standards in this chapter, any sign that could reduce public coastal access, including signs limiting public parking or restricting use of existing lateral and/or vertical accessways, requires a CDP.

17.80.040 Rules of measurement.
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A. Calculation of Sign Area.

1. Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter forming a single geometric shape with no more than six sides. See Figure 17.80-1.

Figure 17.80-1: Measurement of Sign Area

2. Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.

3. The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed eighteen inches and the two faces are parallel with each other.

4. The area of spherical, free-form, sculptural or other nonplanar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 17.80-2.

Figure 17.80-2: Nonplanar Sign Area
B. Monument Sign Height Measurement. The height of a monument or other freestanding sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.

17.80.050 Signs allowed without permits.

A. Types of Signs. The following signs are allowed without a planning permit and shall not be counted towards the allowable sign area or number of signs on a parcel:
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1. On-site directional signs which do not include commercial messages or images, not to exceed three feet in height and six square feet in area.

2. Informational signs which do not include commercial messages or images, displayed for the safety and convenience of the public, providing information such as “restrooms,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” “coastal access,” and other signs of a similar nature.

3. Flags bearing noncommercial messages or graphic symbols.

4. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.

5. One bulletin board on a parcel occupied by a noncommercial organization, with a maximum area of twelve square feet.

6. Political signs during an election period located outside of a public street, path, or right-of-way except to the extent such signs are prohibited by state or federal law. Political signs may not exceed six feet in height and thirty-two square feet per unit.

7. Constitutionally protected noncommercial message signs not to exceed three feet in height, with a maximum of six square feet per unit; and six square feet per nonresidential property.

8. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.

9. Murals on the exterior of a building that do not advertise a product, business, or service.

10. Official or legal notices required by a court order or governmental agency.

11. Signs installed by a governmental agency within the public right-of-way.

12. Signs, postings, or notices required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.

13. Restaurant menu signs attached to a building, with a maximum area of three square feet.

14. Real estate listings posted in the window of a real estate office, with a maximum area of twenty-five percent of the total window area.

15. Residential signs not requiring a building permit as specified in Section 17.80.100 (Residential signs – Multi-unit properties).

16. Temporary signs allowed without a permit as provided in Section 17.80.110 (Temporary signs).

17. Vacation rental signs up to twelve inches by twelve inches.

18. Garage sale signs limited to the day of the garage sale.

B. Building Permit Review. Planning staff shall review all proposed signs listed in subsection A of this section that require a building permit to verify compliance with all applicable standards.

C. Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally established sign and utilize similar materials shall not require a planning permit.

D. Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally established sign shall not require a planning permit.

17.80.060 Prohibited signs.

A. Prohibited Sign Types. The following types of signs are prohibited:
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1. Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, dilapidation, or abandonment.

2. Portable signs placed on the ground other than sidewalk signs permitted in the MU-V zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).

3. Roof signs.

4. Signs emitting odors, gases, or fluids.

5. Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind, excluding flags and insignia of any government.

6. Digital display and electronic readerboard signs which allow the image on a sign to be changed by electronic control methods, except for digital gas and service station signs consistent with Section 17.80.080(H) (Gas and Service Station Signs) and parking garage signs consistent with Section 17.80.080(I) (Parking Garage Signs).

7. Animated signs, with the exception of clocks and barber poles.

8. Signs that emit sound.

9. Signs which simulate in size, color, lettering, or design a traffic control sign or signal.

10. Signs which flash, blink, change color, or change intensity.

11. Beacons.

12. Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.

13. Signs that have been abandoned, or whose advertised use has ceased to function for a period of ninety days or more.

14. Signs adversely affecting traffic control or safety.

15. Signs with exposed raceways.

16. Signs attached to trees.

17. Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by state agencies.

18. Signs erected for the dominant purpose of being seen by travelers on a freeway, except for auto dealership signs as allowed by Section 17.80.080(A) (Auto Dealership Signs).

19. Inflatable signs and balloons greater than fifteen inches in diameter, except for temporary auto dealership signs.

20. Signs on or affecting public property (e.g., “tenant parking only”) not placed there by the public entity having the possessory interest in such property.

21. All other signs not specifically permitted by or exempted from the requirements of this chapter.

B. Prohibited Sign Content.

1. The following sign content is prohibited:
a. Obscene or indecent text or graphics.
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b. Text or graphics that advertise unlawful activity.
c. Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats. d. Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).

2. The content prohibited by subsection (B)(1) of this section is either not protected by the United States or California Constitution or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subsection of subsection (B)(1) of this section be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitution.

17.80.070 General sign standards.

A. Maximum Permitted Sign Area. Table 17.80-1 identifies the maximum cumulative/total sign area permitted on a property in each zoning district. Each business may have a mix of the sign types allowed by Section 17.80.080 (Standards for specific types of signs) provided the area of all signs on the property does not exceed the maximum established in Table 17.80-1.

Table 17.80-1: Sign Area Standards
Zoning District Area per Linear Foot of Building
Frontage
MU-V, MU-N 0.5 sq. ft. per linear foot 36 sq. ft. max
C-R, C-C, I 1 sq. ft. per linear foot 50 sq. ft. max
-VS, CF, P/OS [1] As determined through sign permit
PD As determined through the
development plan
Note:
[1] Sign requirements in the visitor serving overlay zone shall be as required by the base zoning district.

B. Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired promptly.

C. Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.

D. Illumination.

1. Nonresidential signs may be internally or externally illuminated except where specifically prohibited.

Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Internally illuminated boxes are prohibited, except that the copy of an existing internally illuminated box sign may be replaced with a change of business.

2. The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians.

3. Exposed bulbs are not permitted.
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4. Internal illumination is prohibited in the mixed use village (MU-V) and mixed-use neighborhood (MU-N) zoning districts.

E. Materials and Design.

1. Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof material.

2. The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.

F. Location and Placement.

1. All signs shall be located on the same parcel as the business or use that it serves, except as otherwise allowed by this chapter.

2. Signs shall not obstruct the ingress to, or egress from, a door, window, fire escape, or other required accessway.

3. Signs shall not interfere with visibility at an intersection, public right-of-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. See Section 17.96.050 (Intersection sign distance).

G. Signs in the Public Right-of-Way.

1. No sign shall be permitted in the public right-of-way, except for:
a. Signs installed or required by a governmental agency. b. Awning, canopy, marquee, projecting, or suspended signs attached to a building wall subject to the requirements in Section 17.80.080 (Standards for specific types of signs). c. Sidewalk signs in the village mixed use (MU-V) zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
d. Shared auto dealership signs consistent with Section 17.80.080(A) (Auto Dealership Signs).

2. Any sign illegally installed or placed on public property shall be subject to removal and disposal as specified in Section 17.80.150 (Violations and enforcement). The city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.

3. Signs in the public right-of-way may require city approval of an encroachment permit.

17.80.080 Standards for specific types of signs.

Signs consistent with the standards in this section are allowed with an administrative permit unless planning commission approval of a sign permit is specifically required. Signs that deviate from the standards in this section may be allowed with planning commission approval of a sign permit in accordance with Section 17.80.120 (Adjustment to sign standards).

A. Auto Dealership Signs.

1. In addition to signs allowed with an administrative sign permit (Section 17.80.030(A)), the planning commission may allow special auto dealership signage in the C-R zoning district with approval of a sign permit subject to the following standards:
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a. Location: on or adjacent to an auto dealership land use. b. Placement: ten feet minimum setback from property line abutting the public right-of-way. c. Maximum height: at or below roof line.
d. The planning commission shall review the sign permit application if the total combined sign area on the site exceeds one hundred square feet.
e. The planning commission may allow one shared sign used by multiple auto dealerships at the entry of Auto Plaza Drive which extends into or above the public right-of-way.

The planning commission may allow temporary auto dealership signage, such as signage on light poles and flags and pennants, that deviates from temporary sign standards in Section 17.80.110 (Temporary signs) with the approval of a sign permit.

B. Awning Signs.

1. Standards for awning signs in each zoning district are as shown in Table 17.80-2.

2. Awning signs shall be located on the awning above a display window or the entrance to the business it serves.

3. An awning sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.

Table 17.80-2: Awning Sign Standards
Awning Face Sign Awning Valance Sign
Zoning District Maximum Area Maximum Number Maximum Area Maximum Letter Height Maximum Number
MU-V, MU-N Sign permit required (Chapter 17.132)
75 percent of valance Two-thirds of valance
height
1 sign per awning
located on either the
awning face or the
awning valance
C-R, C-C 30 percent of awning
face 1 sign per awning
located on either the
awning face or the
awning valance I 20 percent of awning
face
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for awning signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for awning signs shall be established by the city council in the development plan.

C. Monument Signs.

1. Standards for monument signs in each zoning district are as shown in Table 17.80-3.

Table 17.80-3: Monument Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V 12 sq. ft.
4 ft. 1 per property
MU-N 16 sq. ft.

C-R 60 sq. ft.
8 ft. 1 per building frontage
C-C 35 sq. ft.
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Zoning District Maximum Area Maximum Height Maximum Number I 4 ft. 1 per building frontage
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for monument signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for monument signs shall be established by the city council in the development plan.

2. Monument signs shall be placed on the property of the business associated with the sign.

3. Where two monument signs are allowed on a corner parcel, each sign shall be placed at least two hundred feet from the intersection corner.

4. A monument sign for up to four tenants may be approved with an administrative sign permit. Monument signs listing more than four tenants require planning commission approval of a sign permit.

5. The area surrounding the base of a monument sign shall be landscaped consistent with Chapter 17.72 (Landscaping).

6. Monument signs shall be placed at least five feet away from any public or private driveway.

7. Monument signs shall be placed at least five feet behind sidewalk or property line, whichever is greater.

8. The height of a monument sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.

9. Monument signs are not allowed in conjunction with wall signs on a property with three or fewer businesses.

D. Center Identification Signs.

1. Standards for center identification signs in each zoning district are as shown in Table 17.80-4.

2. Center identification signs shall identify the name of the center but may not include the name of any business or businesses within the center.

3. No more than one freestanding sign is permitted per center street frontage. If a monument sign is located along the center frontage, an additional center identification sign is not permitted.

Table 17.80-4: Center Identification Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V and MU-N Not permitted
C-R 60 sq. ft.
5 ft. 1 per shopping center
C-C 35 sq. ft.

I Not permitted
Note: In the planned development (PD) zoning district, standards for center identification signs shall be established by the city council in the development plan.

E. Directory Signs.

1. Standards for directory signs in each zoning district are as shown in Table 17.80-5.

2. Directory signs may not be legible from adjacent public rights-of-way. 201
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3. Directory signs shall identify the names of the occupants of the building or complex.

Table 17.80-5: Directory Sign Standards
Zoning District Maximum Area Maximum Height
MU-V 12 sq. ft.
4 ft.

MU-N 16 sq. ft.

C-R 30 sq. ft.
5 ft.

C-C 25 sq. ft.

I 25 sq. ft. 4 ft.

Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for directory signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for directory signs shall be established by the city council in the development plan.

F. Wall Signs.

1. Standards for wall signs in each zoning district are as shown in Table 17.80-6.

2. Wall signs shall be attached parallel to the exterior wall of the business associated with the sign and may not extend above the top of building wall.

3. Wall signs may be in cabinets, on wood, or on similar material attached to the wall or painted directly on the wall.

4. Any portion of a wall sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.

5. Wall signs are not allowed in conjunction with a monument sign on a property with three or fewer businesses.

6. On a corner lot, one wall sign is allowed per street frontage.

Table 17.80-6: Wall Sign Standards
Zoning District [1] Maximum Area Maximum Projection from Wall Maximum Number
MU-V 0.5 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft. max 4 in. 1 per shopfront
MU-N

1.0 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft. C-R, C-C, I [2] 12 in. 1 per shopfront Notes:
[1] In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for wall signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for wall signs shall be established by the city council in the development plan. [2] Wall signs are not allowed in conjunction with a monument sign in the industrial (I) zoning district.

G. Projecting Signs.
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1. Standards for projecting signs in each zoning district are as shown in Table 17.80-7.

2. Projecting signs shall be attached to the ground-floor exterior wall of the business associated with the sign and may not extend above the top of the second-story finished floor.

3. Projecting signs shall maintain a minimum two-foot horizontal clearance from a driveway or street curb.

4. An encroachment permit must be obtained for all signs projecting over a public right-of-way.

5. A projecting sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.

Table 17.80-7: Projecting Sign Standards
Zoning
District
Maximum
Area
Maximum
Projection
from Wall
Maximum
Number
MU-V, MUN 4 sq. ft. 4 ft. 1 per business
entryway or
storefront

C-R, C-C, I
8 sq. ft. 4 ft.
1 per business
entryway or
storefront
Note:

In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for projecting signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for projecting signs shall be established by the city council in the development plan.

H. Gas and Service Station Signs. In addition to signs allowed with an administrative sign permit (Section

17.80.030(A)), the planning commission may allow special gas and service station signs that comply with the following standards:

1. A maximum of two signs, not exceeding four square feet, shall be allowed on each pump island to denote either full service or self-service.

2. No other signs will be allowed to be attached to pumps or islands other than required by state law. (See Business and Professions Code Section 13530.)

3. A six-foot-high monument sign which displays prices charged, credit cards accepted or special services rendered shall be allowed on each street frontage.

4. Digital changeable copy signs for gasoline pricing are permitted.

5. Two additional signs up to a maximum of one square foot are permitted to advertise ancillary services such as ATMs and propane. Such signs must be attached to another sign or structure and may not be a portable freestanding sign.

I. Parking Garage Signs. A maximum of one digital display sign not exceeding four square feet on each street frontage is permitted to show the number of available parking spaces.

J. Window Signs.

1. Standards for window signs in each zoning district are as shown in Table 17.80-8.

2. Window signs may be attached only to the inside of a ground-floor window of the business associated with the sign.
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3. Interior signs within one foot of a window and publicly visible from outside of the building shall be included in the calculation of sign area for the property.

Table 17.80-8: Window Sign Standards
Zoning District Maximum Area
MU-V, MU-N 25 percent of window
C-R, C-C, I 30 percent of window
Note:

In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for window signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for window signs shall be established by the city council in the development plan.

K. Sidewalk Signs.

1. Where Allowed. Sidewalk signs are permitted only in the MU-V zoning district consistent with the requirements of this section.

2. Permits Required.
a. Sidewalk signs consistent with this section and the approved BIA design as illustrated in Figure 17.80-3 can be issued an over-the-counter sign permit by the community development director. b. All sidewalk signs shall obtain an encroachment permit. The encroachment permit will identify the location and method used to drill a hole in the sidewalk and/or the location of a sign on a base. c. The owner of any business desiring to place a sidewalk sign on the city right-of-way shall provide an executed city hold harmless waiver and proof of liability insurance to the satisfaction of the city attorney in the amount of one million dollars prior to placing the sign within said right-of-way.

Figure 17.80-3: Sidewalk Sign Standards and Design Concepts

3. Dimensions. Sidewalk signs shall comply with the dimension standards in Table 17.80-9.

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Table 17.80-9: Sidewalk Sign Standards
Zoning
District
Sign Face Entire Sign
Maximum
Area
Maximum
Width
Maximum
Height
Maximum
Height [1]
MU-V 3.75 sq. ft. 18 in. 32 in. 58 in.

All Other
Zoning
Districts
Not permitted
Note:
[1] Measured from sidewalk to top of sign.

4. Number of Signs.
a. Only one two-sided sidewalk sign per business establishment is permitted. b. Multi-tenant developments are permitted one sidewalk sign per each common exterior public business entrance.

5. Materials and Design.
a. Sidewalk signs shall be attached to metal poles. Poles may be either drilled into the sidewalk or inserted into a moveable base. Moveable bases shall be constructed of metal, form a circle with a diameter of no more than eighteen inches, and must be approved as part of the sign permit. b. Lights, banners, flags or similar objects shall not be placed on or adjacent to sidewalk signs. c. Sign faces shall be constructed of solid wood, metal or similar durable and weatherproof material. d. No sidewalk sign may contain lights of any kind.

6. Sidewalk Clearance.
a. The sidewalk in front of the business must be at least seventy-eight inches in width. b. Sidewalk signs shall not interfere with pedestrian ingress or egress as required by the building code or obstruct vehicular traffic sight distance requirements. A forty-eight-inch level clear path of travel on concrete or similar material must be maintained where the sign is located.

7. Separation from Other Sidewalk Signs. Sidewalk signs shall be spaced a minimum of thirty linear feet from all other permitted sidewalk signs.

8. Display During Open Hours. Sidewalk signs may be used only during the hours when the business is open to the public. At all other times the sign and base must be stored within the business premises.

9. Advertising Multiple Businesses. Individual signs may advertise more than one business.

10. Other Business Signage.
a. No other temporary advertising signs (Section 17.80.110) may be used at the same time as the sidewalk sign is in use.
b. All other signs on the property must be in conformance with the city’s sign regulations prior to a sidewalk sign permit being issued.
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17.80.090 Design standards.

A. Design Standards for Mixed Use Zoning Districts. The following design standards apply to all signs in the MU-V and MU-N zoning districts:

1. Signs shall preserve, complement, or enhance the architectural composition and features of the building to which it is attached. Signs may not cover or obscure significant architectural details of the building to which it is attached.

2. Signs shall be coordinated with the overall facade composition, including ornamental details and other signs on the building to which it is attached.

3. Signs shall be mounted to fit within existing architectural features. The shape of the sign shall be used to reinforce the relationship of moldings and transoms seen along the street.

4. Signs shall be located and designed so that they are legible when viewed from the sidewalk. Sign letter styles and sizes shall be designed for legibility from the sidewalk, not the street.

5. To the extent possible, sign attachment parts shall be reused in their original location (holes in the facade or fixing positions) to protect the original building materials.

6. Internally illuminated signs are prohibited in the MU-V and MU-N zoning districts.

7. Wiring conduit for sign lighting shall be carefully routed to avoid damage to architectural details and to be concealed from view as much as possible.

8. Sign materials and colors shall be compatible with the period and style of building to which is it is attached.

Sign panels shall avoid the extensive use of primary colors or significant areas of white or cream.

9. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.

10. The sign will not have a significant adverse effect on the character and integrity of the surrounding area.

B. Design Standards for Commercial Zoning Districts. The following design standards apply to all signs in the C-C and C-R zoning districts:

1. Sign design shall conform to and be in harmony with the architectural character of the building.

2. Signs shall be symmetrically located within a defined architectural space.

3. Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Large panel internally illuminated signs are prohibited.

4. The design of monument and other freestanding signs shall relate to the architecture of the building or development they serve. Exterior materials, finishes and colors shall be the same or similar to those of the building or structures on site.

5. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.

C. Design Standards for Industrial Zoning District. Signs within the industrial (I) zoning district shall be constructed of metal or other materials consistent with the light industrial character of the zoning district.

17.80.100 Residential signs – Multi-unit properties.

Multi-unit properties may display one or more master signs subject to the following requirements:

A. A master sign program (Section 17.80.130) has been approved for the multi-unit property.

B. Maximum allowable sign area: twenty square feet per property. 206
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C. A master sign for a multi-unit property requires an administrative sign permit.

17.80.110 Temporary signs.

A. Permitted Temporary Signs. Table 17.80-10 (Temporary Sign Standards) identifies temporary signs permitted either by right or with the approval of an administrative sign permit. The planning commission may allow other types of temporary signs or temporary signs that do not comply with the standards in Table 17.80-10 with approval of a sign permit.
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Table 17.80-10: Temporary Sign Standards
Sign Type Permit Required Use Restriction Maximum Number Maximum Area/Size Maximum Duration Auto Dealership Signs – Flags – Pennants – Balloons
None Auto dealerships on Auto Plaza
Drive only
No maximum 0.5 sq. ft. per linear business
frontage; 30 sq. ft. max; 1/3 of window max
Year-round; must be maintained in good condition
Commercial Banner Signs Administrative Sign Permit Nonresidential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
30 sq. ft. 30 continuous calendar days; no
more than 60 days each calendar year
Construction Site Signs – Residential
Administrative Sign Permit Residential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
Height: 5 ft. Area: 12 sq. ft.

From issuance of building permit to certificate of occupancy Construction Site Signs – Nonresidential
Administrative Sign Permit Commercial and industrial uses only
1 per 500 ft. of linear building frontage; 2 signs maximum Height: 8 ft.; 4 ft. in MU-V Area: 40 sq. ft.; 12 sq. ft. in MU-V From issuance of building permit to certificate of occupancy For Sale, Lease, and Rent Signs, Nonresidential
None Commercial and industrial uses
only
1 per property Height: 8 ft.

Area: 40 sq. ft.
1 year; director may approve extension
For Sale, Lease, and Rent Signs, Residential
None Residential uses only 1 per property Height: 4 ft.

Area: 6 sq. ft.
180 days; director may approve extension
Open House or Model Home None None 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.

Limited to day of open house
Special Event None Special events 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.

Limited to day of special event
Residential Subdivision Administrative Sign Permit Residential subdivisions and condominiums located in the city
1 per subdivision Height: 10 ft.

Area: 40 sq. ft.
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17.80.120 Adjustment to sign standards.

This section establishes procedures to allow the planning commission to approve signs that deviate from certain standards to provide reasonable flexibility in the administration of the sign ordinance.

A. Permit Required. Adjustments to sign standards allowed by this section require planning commission approval of a sign permit.

B. Permitted Adjustments. The planning commission may allow adjustment to the following sign standards:

1. The type of sign allowed in nonresidential zoning districts (e.g., awning signs, monument signs).

2. Requirements for temporary signs.

3. The maximum permitted sign area up to a twenty-five percent increase.

4. The maximum permitted sign height up to a twenty-five percent increase.

C. Excluded Adjustments. The planning commission may not use the sign standards adjustment process to approve deviations to the following sign standards:

1. Prohibited signs (Section 17.80.060).

2. All general sign standards (Section 17.80.070) except maximum permitted sign area (Section 17.80.070(A)).

3. Maximum number of signs allowed per property.

4. Residential signs (Section 17.80.100).

D. Findings. The planning commission may approve an adjustment to sign standards as allowed by this section if the following findings can be made in addition to findings required to approve sign permit applications:

1. The sign will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.

2. The sign will not adversely impact neighboring properties or the community at large.

3. The adjustment is necessary due to unique characteristics of the subject property, structure, or use.

4. The sign will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.

5. The adjustment will not establish an undesirable precedent.

E. Low Visibility Commercial Properties.

1. In addition to adjustments allowed by subsections A through D of this section, the planning commission may allow additional adjustments to sign standards for low visibility properties in the C-R and C-C zoning districts.

A low visibility property means a property where signage consistent with applicable standards would not be easily visible from the street or sidewalk due to the width of street frontage, parcel depth or configuration, placement of buildings on the property, topography, vegetation, or other physical characteristic of the property.

2. Adjustments to sign standards for low visibility properties require planning commission approval of a sign permit.

3. Adjustments are allowed to required sign types, height, size, placement, and number. Adjustments may not allow for prohibited signs or monument signs.

4. The planning commission may approve additional or variations to any type of signage upon making the following findings:
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a. The special signage, as designed and conditioned, is necessary and appropriate for the subject commercial site, in order to allow the site and the businesses located within it to be competitive with other businesses of a similar nature located elsewhere, and/or to be competitive with industry standards governing sale of the merchandise offered at the site.
b. The special signage, as designed and conditioned, will not have a significant adverse effect on the character and integrity of the surrounding area.

17.80.130 Master sign program.

A. Purpose. The purpose of the master sign program is to provide a coordinated approach to signage for multifamily development and multi-tenant commercial developments.

B. Applicability. A master sign program is required for multifamily uses with more than one permanent sign proposed, and any nonresidential development with four or more tenants.

C. Permit Required. A master sign program requires planning commission approval of a sign permit.

D. Applications. Applications shall be filed with the planning department on the appropriate city forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed master sign program.

E. Master Sign Program Contents. All master sign programs shall identify the materials, color, size, type, placement and general design of signs located on a project or property.

F. Design Standards.

1. Master sign programs shall feature a unified and coordinated approach to the materials, size, type, placement and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs.

2. A master sign program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, sign area, and type of sign. A master sign program may not allow prohibited signs as identified in Section 17.80.060 (Prohibited signs).

G. Effect of Master Sign Program.

1. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.

2. Signs consistent with an approved master sign program are allowed with an administrative sign permit.

3. Approval of a master sign program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the master sign program shall be in compliance with this chapter.

17.80.140 Nonconforming signs.

This section applies to all legally established signs that do not conform to current requirements in this chapter.

A. Continuation.

1. Except as required by subsection (A)(2) of this section, a nonconforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time it was established.

It is the applicant’s responsibility to demonstrate that the sign was legally established.

2. At time of review of a design permit application for a property with a nonconforming sign on the site, the planning commission shall review the existing nonconforming sign in conjunction with the design permit. The planning commission may allow the continuation of the nonconforming sign only upon finding the sign is compatible with the design character and scale of the surrounding area and does not adversely impact the public health, safety, or general welfare.
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B. Allowed Changes.

1. Changes to sign copy/face and repainting of legal nonconforming signs are permitted as long as there is no alteration to the physical structure or support elements of the sign.

2. A legal nonconforming sign that sustains less than fifty percent damage to its structure may be repaired to its original pre-damaged condition; provided, that such repair is completed within one hundred eighty days after the date of the damage.

C. Required Compliance. A legal nonconforming sign shall be removed or brought into compliance with this chapter in the following situations:

1. The use advertised by the sign has ceased to function for a period of ninety days or more.

2. The sign has sustained at least fifty percent damage to its structure.

3. The sign is located on a remodeled building facade.

4. The sign is relocated to a different lot or building.

17.80.150 Violations and enforcement.

A. Illegal Signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this chapter.

B. Removal of Illegal Signs.

1. The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.

2. For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:
a. Describes the physical characteristics of the subject sign. b. Explains the nature of the violation.
c. States that the sign shall be removed or brought into compliance with this chapter within a specified number of days after the notice is received.
d. States that the city will remove the sign if the business owner or person responsible for the sign does not correct the violation within the specified number of days after the notice is received. e. States that the city may destroy the illegal sign if it is not retrieved within twenty days of removal by the city.
f. States that the business owner or person responsible for the sign is liable for all costs associated with the removal, storage, and destruction of the sign.

3. If an illegal sign is not removed or brought into compliance within the specified number of days after a notice is received, the city may issue a citation to the business owner or person responsible for the sign as provided in Title 4 (General Municipal Code Enforcement) and may remove or cause the removal of the sign.

4. Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal.

5. A sign removed by the city shall be stored for a minimum of twenty days. If the sign is not retrieved by the business owner or person responsible for the sign within this twenty-day period, the city may destroy the sign. 211
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Chapter 17.96

SUPPLEMENTAL STANDARDS
Sections:

17.96.010 Purpose.

17.96.020 Animal keeping.

17.96.030 Emergency shelters.

17.96.040 Home occupations.

17.96.050 Intersection sight distance.

17.96.060 Large commercial land uses.

17.96.070 Large home day care.

17.96.080 Large residential care facilities.

17.96.090 Offshore oil development support facilities.

17.96.100 Permanent outdoor displays.

17.96.110 Outdoor lighting.

17.96.120 Placement of underground utilities.

17.96.130 Recycling collection facilities.

17.96.140 Self-storage facilities.

17.96.150 Solar energy systems.

17.96.160 Soquel Creek Riverview Pedestrian Pathway.

17.96.170 Temporary outdoor dining.

17.96.180 Temporary uses and structures.

17.96.010 Purpose.

This chapter establishes supplemental standards for land uses, activities, and development that apply in all zoning districts.

17.96.020 Animal keeping.

A. General Standards. The following standards apply to the keeping of all animals in Capitola:

1. Public Health and Safety. It shall be unlawful and shall constitute a nuisance to keep any animal that poses a threat to public health or safety.

2. Animal Noise. In addition to the standards in Chapter 9.12 (Noises), no animal may disturb neighbors with its noise between sunset and one-half hour after sunrise.

3. Sanitation. It shall be unlawful and shall constitute a nuisance for any person to keep animals in an unsanitary manner or produce obnoxious odors. All debris, refuse, manure, urine, food waste, or other animal byproduct shall be removed from all the premises every day or more often as necessary.

4. Property Confinement. Animals other than household pets, where allowed, shall be confined to the property within a fenced yard.

B. Household Pets.

1. Compliance with General Standards. The keeping of dogs, cats, domesticated birds, rabbits, rodents, reptiles and amphibians, potbelly pigs less than one hundred fifty pounds, and other household pets is permitted provided they comply with subsection A of this section.

2. Maximum Number. A maximum of four of each type of household pet with a maximum of eight pets total is permitted in a single dwelling unit.

C. Chickens.

1. Permitted Location. Keeping of chickens is permitted only on properties of five thousand square feet or more 212
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occupied by a single-family dwelling.

2. Prohibitions on Roosters. Only hens are permitted pursuant to this chapter. Roosters are prohibited.

3. Number of Chickens. A maximum of four chickens is permitted on a single property.

4. Enclosure Requirement. Chickens shall be kept in a coop which is sufficient to contain chickens. When outside of a coop, chickens shall be confined to the property within a fenced yard.

5. Location of Coops.
a. Chicken coops must be located behind the primary structure on the lot. b. Chicken coops may not be located within a required front and side setback area or closer than twenty feet to dwelling units on adjacent properties.

D. Honeybees.

1. Permitted Location. Keeping of beehives is permitted only on properties occupied by a single-family dwelling.

2. Minimum Lot Size and Number of Hives. A maximum of one beehive is permitted on properties of at least five thousand square feet.

3. Location of Beehives. Beehives shall be located behind the primary structure on the property. Beehives shall not be located closer than twenty feet to dwellings on adjacent properties or five feet from a property line.

E. Prohibited Animals. Keeping the following animals is prohibited:

1. Roosters, fowl other than chickens and ducks, goats, pigs other than potbelly pigs, and other livestock.

2. Wild animals as defined in Section 2118 of the California Fish and Game Code, except when authorized by the State Department of Fish and Game under Fish and Game Code Section 2150 et seq.

17.96.030 Emergency shelters.

Emergency shelters will comply with the following standards:

A. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

B. Physical Characteristics. Emergency shelters shall comply with applicable state and local housing, building, and fire code requirements.

C. Security. Facilities shall have on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

D. Laundry Facilities. Facilities shall provide laundry facilities or services adequate for the number of residents.

E. Common Facilities. Facilities shall contain amenities appropriate to the population to be served to include the following:

1. Central cooking and dining room.

2. Recreation room.

3. Counseling services.

4. Child care facilities.
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5. Other support services.

F. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m.

G. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with city requirements for accessory refuse structures. The storage area shall accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the community development director. The refuse enclosure shall be accessible to refuse collection vehicles.

H. Emergency Shelter Provider. The agency or organization operating the emergency shelter shall comply with the following requirements:

1. Temporary shelter shall be available to residents for no more than six months.

2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

3. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, and permitting department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrated compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.

I. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

J. Transportation Plan. A transportation plan is required.

K. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.

L. Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per occupant.

M. Development Standards. An emergency shelter must comply with all development standards in the industrial (I) zoning district.

17.96.040 Home occupations.

A. Required Permit. An administrative permit is required to establish or operate a home occupation.

B. Standards. All home occupations shall comply with the following standards:

1. Size. Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.

2. Sales and Displays. Products may not be sold on site directly to customers within a home occupation. Home occupations may not establish window displays of products to attract customers.

3. Advertising. No newspaper, radio, or television service shall be used to advertise the location of business; however, contact information, including phone numbers and email address, are allowed on advertisements.

4. Signs. One single, nonilluminated, wall-mounted outdoor sign of not more than one square foot in area is permitted.

5. Vehicle Traffic. A home occupation may not generate vehicle traffic greater than normally associated with a 214
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residential use. No excessive pedestrian, automobile, or truck traffic may be introduced to the neighborhood as a result of the home occupation.

6. Deliveries. Deliveries and pick-ups for home occupations may not interfere with vehicle circulation, and shall occur only between eight a.m. and eight p.m., Monday through Saturday.

7. Mechanical Equipment. Mechanical equipment that is not normally associated with a residential use is prohibited.

8. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.

9. Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.

10. Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit.

11. On-Site Client Contact. No more than one client/customer at the property at one time. Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).

12. Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from the property line.

C. Permit Revocation. An administrative permit for a home occupation that violates any of the standards in subsection B of this section (Standards) may be revoked consistent with Section 17.156.110 (Permit revocation).

17.96.050 Intersection sight distance.

A. Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way and adjacent to driveways for the purpose of traffic safety.

B. Vision Triangle Defined.

1. Intersections. The intersection vision triangle shall be the area formed by measuring thirty feet along the major street front property line and twenty feet along the minor street property line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-1.

2. Driveways. The driveway vision triangle is the area formed by measuring fifteen feet along the driveway and the street from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-

1. C. Maintenance of Sight Lines.

1. No structure, vehicle, object, or landscaping over thirty inches in height may be placed within a vision triangle, except as allowed by subsection (C)(2) of this section.

2. Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision triangle.

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Figure 17.96-1: Vision Triangles

17.96.060 Large commercial land uses.

A. Purpose and Applicability. This section establishes special findings that the planning commission must make to approve a conditional use permit for commercial land uses with more than twelve thousand square feet of floor area within one or more buildings. This requirement applies to all proposed new commercial land uses except for:

1. Uses already specifically approved in an applicable master conditional use permit pursuant to Section

17.124.100 (Master use and tenant use permits); and

2. Uses within a shopping center or mall with a floor area of three hundred thousand square feet or more.

B. Findings. To approve a conditional use permit for a commercial land use with twelve thousand square feet or more of floor area, the planning commission shall make the following findings in addition to the findings in Section

17.124.070 (Findings for approval):

1. Vehicle traffic and parking demand created by the proposed use will not have substantial adverse impacts on properties within the vicinity of the subject property.

2. The structure occupied with the proposed use is compatible with the scale and character of existing structures in the surrounding area.

3. The proposed use is compatible with existing land uses in the surrounding area.

4. The size of the proposed use is similar to the average size of similar uses located in the surrounding area.

5. The use will support the surrounding local economy and attract visitors to the commercial area.

C. Purpose of Findings. The purpose of additional findings for large commercial uses is to enable the planning commission to ensure that all new uses and development are consistent with the general plan and compatible with the character of existing neighborhoods and districts. These findings are not intended to involve the city in the normal competition that arises between similar businesses in Capitola.

17.96.070 Deleted.Large home day care.

As allowed by Health and Safety Code Section 1597.465 et seq., the city shall approve a large home day care if it complies with the following standards:

A. Care Provider Occupancy. The single-family home in which the large home day care is located shall be the principal residence of the care provider. The day care use shall be clearly residential in character and shall be accessory to the use of the property as a residence.
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B. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services.

C. Separation. A large home day care facility within a residential zoning district may not be located within five hundred feet of another large home day care.

D. Yard Requirement. A large home day care shall either be located within the R-1 zoning district with outdoor play space or shall have seventy-five square feet of outdoor activity space for each child. A large home day care outside the R-1 shall have an outdoor area owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners. The city may waive this space requirement if the applicant can demonstrate that there is a public park or other public open area that is in close proximity to the large home day care.

E. Screening. A fence or wall shall be located on all property lines or around all outdoor activity areas. The fence or wall shall comply with all applicable standards in Chapter 17.60 (Fences and Walls).

F. Noise. Outdoor activities may not occur before seven a.m. or after eight p.m. when the site is located within or adjacent to a residential zoning district.

G. Parking. Off-street parking shall be provided as required by Chapter 17.76 (Parking and Loading).

H. Garage. The garage shall be utilized for the parking of the property owner’s vehicles. Use of the garage for the day care home function, such as for a play area, is not allowed.

I. Safety Compliance. The applicant is required to have the home inspected and submit a letter of compliance from the following:

1. City Building Division. The home shall be inspected and brought into compliance with the building codes relative to the proposed use.

2. Fire Marshal. The home shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use.

J. Pick-Up and Drop-Off Plan. The community development director shall approve a plan for the pick-up and dropoff of children. The plan shall demonstrate that adequate parking and loading areas are available to minimize congestion and conflict on public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:

1. A scheduled time for pick-up and drop-off with allowances for emergencies; and

2. Prohibitions of double‐parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

17.96.080 Large residential care facilities.

Large residential care facilities shall comply with the following standards:

A. Separation. A large residential care facility in a residential zoning district shall not be located within five hundred feet of another large residential care facility.

B. Screening and Landscaping. A wall or fence shall be provided for purposes of screening and securing outdoor recreational areas in compliance with Chapter 17.60 (Fences and Walls).

C. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services. Large residential care facilities shall be operated according to all applicable state and local regulations.

D. Safety Compliance. The applicant is required to have the facility inspected and submit a letter of compliance from the following:

1. City Building Department. The facility shall be inspected and brought into compliance with the building codes relative to the proposed use.

2. Fire Marshal. The facility shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use.

17.96.090 Offshore oil development support facilities.

A. Prohibition. There shall be no construction, reconstruction, operation, or maintenance of any commercial or industrial offshore oil development support facility within the city of Capitola.

B. Facilities and Activities Included in Prohibition. Prohibited facilities and activities include, but are not limited to:
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1. Oil or gas storage facilities, pipe and drilling materials, or equipment repair or storage facilities, which operate directly in support of any offshore oil or gas exploration, development, drilling, pumping or production.

2. Construction, reconstruction, or operation of facilities to process any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations.

17.96.100 Permanent outdoor displays.

A. Permitted Displays. A single permanent outdoor display of retail goods that complies with this section is permitted as an accessory use to a primary commercial use in the mixed use, commercial, and industrial zoning districts, except in the MU-V zoning district, where permanent outdoor displays are prohibited.

B. Permits Required. Permanent outdoor displays require planning commission approval of a conditional use permit.

C. Standards.

1. Height. Displayed items shall not exceed six feet in height.

2. Size. Display areas are limited to six feet wide or ten percent of the width of the front building elevation. A display area may extend a maximum of three feet from the front building wall.

3. Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may sell merchandise in an outdoor display area.

4. Hours. Items shall be displayed only during the operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.

5. Screening. If outdoor display areas are proposed as part of a project subject to discretionary review (e.g., conditional use or design permit) and approval by the city, the review authority may require that display areas be screened from view from neighboring properties with a solid wall, fence, or landscaped berm.

6. Vending Machines. Vending machines are not permitted as part of an outdoor display. Vending machines are considered an accessory use requiring planning commission approval of a conditional use permit.

7. Design Standards.
a. Outdoor displays shall be designed to enhance the shopping environment. The outdoor display shall be designed to complement the architecture of the building and public realm. b. Outdoor displays shall be self-supporting, stable, and constructed to withstand wind or contact. The display shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, and trees.
c. Outdoor displays may not contain any information which would routinely be placed on a business sign located on the building such as the name or type of business, hours of business operation, business logo, brand name information, etc. The outdoor display may include a sign which indicates the price of the display items or simply indicates a “sale” on the items limited in size to four square inches. d. Outdoor displays shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires.

8. Location.
a. All outdoor display areas shall be located on the same parcel as the primary commercial use. b. Outdoor display areas may not be placed within any permanent landscaped area, required parking space, or loading area.
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c. No items may be displayed within the public right-of-way, including public sidewalks. d. Outdoor display areas may not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.

D. Exceptions to Standards. The planning commission may grant exceptions to the standards in subsection C of this section with a conditional use permit upon finding that the exception is necessary and that the outdoor display with the exception will comply with the basic intent of the standards.

17.96.110 Outdoor lighting.

A. Purpose. This section establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.

B. Applicability. The standards in this section apply to all outdoor lighting in Capitola except for:

1. Lighting installed and maintained by the city of Capitola or other public agency;

2. Athletic field lights used within a school campus or public or private park;

3. Temporary construction and emergency lighting; and

4. Seasonal lighting displays related to cultural or religious celebrations.

C. Maximum Height. Lighting standards shall not exceed the maximum heights specified in Table 17.96-1.

Table 17.96-1: Maximum Light Standard Height
Zoning District Maximum Height
Residential Zoning Districts 16 ft.

Mixed Use and Commercial Zoning Districts 16 ft. within 100 ft. of any street frontage or residential property line; 20 ft. in any other location
Industrial Zoning Districts 16 ft. within 100 ft. of any street frontage or residential property line; 25 ft. in any other location
Community Facility and Parks/Open Space Zoning Districts 25 ft., or as necessary for safety and security D. Prohibited Lighting. The following types of exterior lighting are prohibited:

1. Exposed bulbs and/or lenses;

2. Mercury vapor lights; and

3. Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.

E. Fixture Types. All lighting fixtures shall be shielded so the lighting source is not directly visible from the public right-of-way or adjoining properties. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).

F. Light Trespass. Lights shall be placed to direct downward and deflect light away from adjacent lots and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties.

1. Direct or sky-reflected glare from floodlights shall not be directed into any other parcel or street, or onto any beach.

2. No light or activity may cast light exceeding one foot-candle onto a public street, with the illumination level 219
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measured at the centerline of the street.

3. No light or activity may cast light exceeding one-half foot-candle onto a residentially zoned parcel or any parcel containing residential uses.

G. Required Documentation. Prior to issuance of building permits, project applicants shall submit to the city photometric data from lighting manufacturers demonstrating compliance with the requirements of this section.

H. Coastal Development Permit. In the coastal zone, and notwithstanding the other provisions of this section, all lighting shall be sited and designed to limit lighting to the minimum necessary to provide for adequate public safety.

All lighting shall be sited and designed so that it limits the amount of light or glare visible from public viewing areas (including but not limited to the beach and other such natural areas) to the maximum extent feasible (including through uses of lowest luminosity possible, directing lighting downward, directing lighting away from natural areas, etc.). In addition, exterior lighting adjacent to habitat areas shall be wildlife-friendly and shall use lamps that minimize the blue end of the spectrum. All lighting that requires a CDP shall also be subject to a CDP finding that such lighting does not adversely impact significant public views.

17.96.120 Placement of underground utilities.

New construction or additions that increase existing floor area by twenty-five percent or more shall place existing overhead utility lines underground to the nearest utility pole. Establishing an accessory dwelling unit in conformance with Chapter 17.74 (Accessory Dwelling Units) does not require placing existing overhead utility lines underground.

17.96.130 Recycling collection facilities.

All recycling collection facilities where permitted shall comply with the standards in this section.

A. Accessory Use. Recycling collection facilities may be established only as an accessory use in conjunction with an existing commercial or industrial use which complies with the zoning code and the Capitola building and fire codes.

B. Permit Required. Where allowed by Part 2 of this title (Zoning Districts and Overlay Zones), a recycling collection facility requires planning commission approval of a conditional use permit.

C. Attendant Required. Facilities may accept materials for recycling only when an attendant is present on site.

D. Maximum Size. Recycling collection facilities may occupy no more than five thousand square feet of area on a property.

E. Parking Areas.

1. Recycling collection facilities shall provide parking for removal of the materials and for customers depositing the materials.

2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use, unless a study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

F. Accepted Items. Recycling collection facilities may accept only glass, metal or plastic containers, papers and reusable items. Used motor oil may be accepted with a permit from the Santa Cruz County environmental health department and the Hazardous Materials Advisory Commission.

G. Power-Driven Processing Equipment. Except for reverse vending machines, recycling collection facilities may not use power-driven processing equipment.

H. Location.

1. Mobile vending facilities shall be located in a designated area without eliminating the required parking or landscaping.
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2. Facilities shall be at least one hundred feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.

I. Maintenance. The site shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

J. Noise. Facilities shall not exceed noise levels of sixty dBA as measured from the property line of a residentially zoned property or a residential use. Facilities shall not exceed noise levels of seventy dBA measured from all other property lines.

K. Hours of Operation. Facilities shall operate only between the hours of nine a.m. and seven p.m.

L. Facility Information and Display.

1. Containers shall be clearly marked to identify the type of materials which may be deposited.

2. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

M. Signs. Signs may be provided as follows:

1. Recycling facilities may have identification signs with a maximum of ten square feet, in addition to informational signs required by subsection L of this section.

N. Landscaping. The facility shall comply with all landscaping standards required by Chapter 17.72 (Landscaping) and other city ordinances.

17.96.140 Self-storage facilities.

A. Purpose and Applicability. This section establishes special findings for the planning commission to approve selfstorage facilities in the community commercial (C-C) zoning district. These findings are intended to ensure that new self-storage facilities will not adversely impact the economic vitality of Capitola’s commercial districts.

B. Required Findings. In addition to the findings in Chapter 17.124 (Use Permits), the planning commission must make the following findings to approve a self-storage facility in the community commercial (C-C) zoning district:

1. The location of the proposed self-storage facility is conducive/better suited as self-storage rather than traditional retail due to limited access to or poor visibility from the street.

2. The proposed self-storage facility would be compatible with existing land uses in the surrounding area.

3. Streets and other means of egress are adequate to serve the proposed self-storage facility.

17.96.150 Solar energy systems.

A. Required Permits.

1. Rooftop Systems. Rooftop solar energy systems and solar water heaters are permitted by right in all zoning districts. No permit or approval is required other than a building permit and fire department review.

2. Other Systems. Solar energy systems that are not located on the rooftop of a primary structure require a conditional use permit.

B. Height Exceptions. Rooftop solar energy systems may project up to four feet above the maximum permitted structure height in the applicable zoning district. This exception is applicable to the solar energy system only, not the structure on which it is located.

C. Mixed Use Village Zoning District. Rooftop solar facilities in the mixed use village zoning district shall be 221
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located and designed to minimize visibility from a street or other public place to the greatest extent possible.

D. Building Permit Review and Approval. Building permit applications for rooftop solar energy systems shall be reviewed and approved in compliance with Chapter 15.10 (Expedited Solar Permitting Ordinance).

E. Coastal Development Permit. A proposed solar energy system may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zone) if any part of the site is located in the coastal zone and the proposed development shall conform with the coastal development permit findings for approval as specified in Section 17.44.130 (Findings for approval).

17.96.160 Soquel Creek Riverview Pedestrian Pathway.

The following standards apply to the Soquel Creek Riverview Pedestrian Pathway, which extends from the Stockton Avenue Bridge along the eastern side of Soquel Creek, under the Railroad Trestle, to 427 Riverview Avenue, where it follows a drainage easement to Riverview Avenue. As used in this section, “pathway” means the area within which the pedestrian walking surface (comprised of brick, decomposed granite and other surface materials) and any related public amenities are located.

A. The pathway shall be maintained at a minimum of either the existing pathway width shown in the March 2005 survey maintained by the city of Capitola, or four feet, whichever is greater.

B. The pathway shall have a minimum overhead clearance of eight feet.

C. Structures east of the pathway shall be set back a minimum of five feet from the edge of the pathway.

D. Development, including decks, fencing, landscaping and other improvements, shall not encroach into the pathway.

E. Property owners shall trim and maintain landscaping so that it does not encroach into the pathway.

F. Permeable surface variations (i.e., brick, decomposed granite and other surfaces) are permitted.

G. Deck handrails may not exceed forty-two inches in height. The space between the deck and the handrails may not be filled in to create a solid appearance.

H. Signage indicating that the pathway is open to the public is allowed.

I. All bulkheads shall be constructed in a rustic manner and finished in wood.

J. A maximum of two freestanding lights are allowed for each deck to a maximum height of eight feet.

17.96.170 Temporary outdoor dining.

This section establishes requirements for temporary outdoor dining areas located on a public sidewalk or other area within the public right-of-way.

A. Required Permits. Temporary outdoor dining within the public right-of-way requires an administrative permit and an encroachment permit. Temporary outdoor dining may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zone) if any part of the site is located in the coastal zone and the proposed development shall conform with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval).

B. Permitted Zoning Districts. Temporary outdoor dining within the public right-of-way is allowed in the commercial community (C-C), commercial regional (C-R), and mixed use neighborhood (MU-N) zoning districts.

Temporary outdoor dining within the public right-of-way is not permitted in the mixed use village (MU-V) zoning district.

C. Standards. Temporary sidewalk dining shall comply with the following standards:

1. Location. Outside dining is permitted on the public sidewalk:
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a. When incidental to and part of a restaurant; and
b. Along the restaurant’s frontage.

2. Number of Dining Areas. An indoor restaurant may operate only one outside dining area confined to a single location.

3. Safe Passage.
a. Temporary sidewalk dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the outside dining area. b. The sidewalk immediately adjacent to the restaurant shall have adequate space to accommodate tables and chairs and shall provide adequate safe passage along the sidewalk for pedestrian and wheelchair users of the sidewalk. Safe and adequate passage of at least four feet in width shall be provided along the sidewalk and from the curb to the sidewalk. No tables or chairs or any other objects shall be placed or allowed to remain on any sidewalk that inhibit such passage.

4. Furniture and Signage Location.
a. Tables and chairs in a sidewalk dining area shall be set back at least two feet from any curb and from any sidewalk or street barrier, including a bollard, and at least eight feet from a bus stop. b. All outdoor dining furniture, including tables, chairs, umbrellas, and planters, shall be movable. c. All temporary improvements to separate the outdoor dining area from the sidewalk, such as a railing, shall relate to the architectural design of the primary restaurant structure in color, materials, and scale. d. Umbrellas shall be secured with a minimum base of not less than sixty pounds. e. All signs are subject to Chapter 17.80.

5. Food and Beverages. The service of alcoholic beverages within the sidewalk dining area requires a conditional use permit, and shall comply with the following requirements:
a. The outside dining area shall be situated immediately adjacent to and abutting the indoor restaurant which provides it with food and beverage service.
b. The outside dining area shall be clearly separate and delineated from the areas of the sidewalk which remain open to pedestrian traffic.
c. One or more signs shall be posted during hours of operation stating that alcohol is prohibited outside of the dining area.
d. The outside dining area shall receive all licenses required for on-site consumption of alcoholic beverages from state authorities.

6. Trash and Maintenance.
a. Storage of trash is prohibited within or adjacent to the sidewalk dining area. All trash and litter shall be removed as it accumulates or otherwise becomes a public nuisance. b. The sidewalk dining area, including the sidewalk surface and furniture, shall be maintained in a clean and safe condition.

7. Hours of Operation. Sidewalk dining may occur between seven a.m. and ten p.m. seven days a week. Tables, chairs, other outdoor dining furniture, and all other structures and materials associated with the outdoor dining area shall be removed from the sidewalk and stored indoors at night and when the sidewalk dining area is not in 223
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operation.

17.96.180 Temporary uses and structures.

A. Purpose. This section establishes requirements for the establishment and operation of temporary uses and structures. These requirements allow for temporary uses and structures in Capitola while limiting impacts on neighboring properties and the general public.

B. Temporary Uses Allowed by Right. The following temporary uses are permitted by right. No permits or approvals from the community development department are required.

1. Garage Sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales.

2. Storage Containers. Storage containers delivered to a home, loaded at the residence, and delivered to another location, for a maximum of two weeks on private property. Storage containers on a residential property for more than two weeks may be approved by the planning commission with a conditional use permit.

3. Outdoor Fund Raising Events. Outdoor fund raising events on commercial sites when sponsored by a nonprofit organization directly engaged in civic or charitable efforts. Outdoor fund raising events are limited to two days each month for each sponsoring organization.

4. On-Site Construction Yards. Temporary construction yards and office trailers that are located on site, less than one acre in size, and established in conjunction with an approved project. The construction yard and trailer shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.

C. Temporary Uses Requiring a Permit. An administrative permit is required for the following temporary uses:

1. Seasonal Sales. Seasonal sales (e.g., Christmas trees, pumpkins) for a maximum of forty-five calendar days, no more than four times per year on a single property. Seasonal sales are prohibited on residentially zoned property.

2. Temporary Outdoor Displays of Merchandise and Parking Lot Sales. Temporary outdoor displays of merchandise and parking lot sales on private property for a maximum of three days no more than two times per year on a single property. Following the completion of the temporary display, all signs, stands, poles, electrical wiring, or any other fixtures, appurtenances or equipment associated with the display shall be removed from the premises.

3. Farmers’ Markets. Farmers’ markets for a maximum of one day per week in a nonresidential zoning district.

Farmers’ markets for more than one day per week in a nonresidential zoning district are permitted with a conditional use permit. Farmers’ markets in a residential zoning district are permitted with a conditional use permit.

4. Off-Site Construction Yards. Construction yards located off site in conjunction with an approved project.

The construction yard shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.

5. Employee Trailers. Trailer or commercial modular units used as a work site for employees of a business displaced during construction, for a maximum of twelve months. The community development director may grant up to two twelve-month extensions for ongoing construction activity requiring more than twelve months to complete.

6. Mobile Food Vendors. Mobile food vendors in one location four times or less per year in accordance with Chapter 9.36. Mobile food vendors in one location more than four times per year require a conditional use permit.

7. Real Estate Offices. Real estate offices used exclusively for the sale of homes or other real estate units located within an approved multi-unit development project for a maximum of three years or within thirty days 224
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of when the last home is sold, whichever comes first.

8. Other Similar Activities. Similar temporary activities determined by the community development director to be compatible with the applicable zoning district and surrounding uses.

D. Temporary, Publicly Attended Activities/Events. Temporary, publicly attended activities such as festivals, outdoor entertainment, and other similar events may be permitted pursuant to Chapter 9.36 (Temporary, Publicly Attended Activities). If in the coastal zone, see Section 17.44.080(H) (Temporary Events) to determine if a temporary event requires a coastal development permit.

E. Conditions of Approval. Upon the approval of a permit for a temporary use, the city may attach the following conditions when necessary in connection with the temporary use:

1. Hours of operation.

2. Maintenance of accessibility for the disabled.

3. Protection of fire lanes and access.

4. Preservation of adequate on-site circulation.

5. Preservation of adequate on-site parking or a parking management plan to temporarily park off site.

6. Cleanup of the location or premises.

7. Use of lights or lighting or other means of illumination.

8. Operation of any loudspeaker or sound amplification in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises.

17.96.190 Generators
Home generators to provide backup electricity in case of a power outage must comply with the following:

A Noise. Generators may not exceed noise levels of 65 dBA as measured from the property line of a residentially zoned property or a residential use.

B. Allowed Use. Other than periodic testing as required by the manufacture, a generator may be operated only in case of a power outage or emergency,
C. Testing Hours. A generator may be tested only during the hours of eight a.m. and 8 p.m.

D. Placement on Lot.

1. Generators are prohibited in required front and side setback areas.

2. A generator may project a maximum of 5 feet into a rear setback if necessary to locate the generator behind the rear wall of the home.

E. Recreational Vehicle Use Prohibited. Freestanding generators shall not be used to supply service to recreational vehicles or trailers. Generators attached to recreational vehicles or trailers shall not be operated on or adjacent to residential properties.
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Capitola Municipal Code
Chapter 17.120 DESIGN PERMITS

Chapter 17.120

DESIGN PERMITS
Sections:

17.120.010 Purpose.

17.120.020 Types of design permits.

17.120.030 When required.

17.120.040 Application submittal and review.

17.120.050 Design review process.

17.120.060 Public notice and hearing.

17.120.070 Design review criteria.

17.120.080 Findings for approval.

17.120.090 Conditions of approval.

17.120.100 Appeals and post-decision procedures.

17.120.010 Purpose.

This chapter establishes the process to obtain a design permit. A design permit is a discretionary action that enables the city to ensure that proposed development exhibits high-quality design that enhances Capitola’s unique identity and sense of place. The design permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties.

17.120.020 Types of design permits.

The zoning code establishes two types of design permits: design permits reviewed and approved by the planning commission and minor design permits reviewed and approved by the community development director.

17.120.030 When required.

A. Types of Projects. The types of projects that require a design permit, and the type of design permit for each project, are listed in Table 17.120-1. If a type of development project or activity is not specifically listed in Table

17.120-1, a design permit is not required.

Table 17.120-1: Projects Requiring Design Permits
Type of Project Type of Permit
Single-Family Residential Projects
Ground-floor additions to existing single-family homes where the addition is visible from a public street and does not exceed 15 ft. in height, except for exempt additions (Section 17.120.030(B)) Minor Design Permit
Accessory structures greater than 10 ft. in height and/or 120 sq. ft. to 300 sq. ft. Minor Design Permit Accessory structures greater than 300 sq. ft. Design Permit Upper-floor decks and balconies on the side or rear of a home that are not adjacent to public open space Design Permit All rooftop decks Design Permit
Upper-floor additions to an existing single-family home Design Permit New single-family homes Design Permit
Multifamily Residential Projects
Ground-floor additions less than 15% of total floor area of an existing multifamily structure Minor Design Permit Upper-floor decks and balconies on the side or rear of a structure that are not adjacent to public open Design Permit 226
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Type of Project Type of Permit
space
All rooftop decks Design Permit
Accessory structures including garbage and recycling enclosures Minor Design Permit Ground-floor additions 15% of total floor area or more to an existing multifamily structure Design Permit Upper-floor additions to an existing multifamily structure Design Permit New multifamily residential structures Design Permit
Nonresidential Projects (Including Mixed Use)
Exterior modifications to an existing structure that do not increase the floor area of the structure Minor Design Permit Accessory structures 120 sq. ft. to 300 sq. ft. including garbage and recycling enclosures Minor Design Permit Accessory structures greater than 300 sq. ft. including garbage and recycling enclosures Design Permit Additions less than 15% of the floor area of an existing nonresidential structure where the addition is not visible from the primary street frontage
Minor Design Permit
Additions 15% or more of the floor area of an existing nonresidential structure where the addition is visible from the primary street frontage
Design Permit
Additions to an existing nonresidential structure of 3,000 sq. ft. or more Design Permit New nonresidential structures Design Permit
B. Single-Family Exemptions. The following additions to a single-family dwelling are exempt from the design permit requirement:

1. Ground-floor single-story additions up to four hundred square feet at the rear of the home.

2. Enclosure of an existing recessed entrance up to twenty-five square feet.

3. Enclosure of an existing open porch up to fifty square feet.

4. Installation of bay windows.

5. A single accessory structure that does not exceed one hundred twenty square feet in floor area and ten feet in height with no connection to water or sewer. Two or more accessory structures require a Minor Design Permit.

6. Minor exterior modification or replacement of materials on an existing structure including siding, windows, doors, and roof.

7. Other similar minor additions to a single-family dwelling as determined by the community development director.

8. Upper-floor decks and balconies immediately adjacent to a street or public open space.

17.120.040 Application submittal and review.

A. General. An application for a design permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information required by the community development department with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.120.080 (Findings for approval).

B. Streetscape Illustration. For all proposed new buildings, the applicant shall submit streetscape illustrations that include neighboring structures within one hundred feet of the side property lines. 227
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C. Enhanced Visualization. The city may require enhanced project visualization materials (e.g., 3-D renderings, photo-simulations, physical models, expanded streetscape diagrams, viewpoint analysis, story poles) when any of the following apply:

1. The project is proposed within a prominent or highly visible development site as determined by the community development director.

2. The project would be located within or adjacent to vista points or visually sensitive areas as identified in the general plan.

3. The applicant is requesting a variance for height.

4. Substantial changes to the exterior of an existing structure.

5. The community development director determines that enhanced visualization is necessary to determine if the findings for approval can be made for the proposed project.

6. Story poles shall only be required by the planning commission or city council.

D. Review by Architectural Historian. Proposed projects that involve an exterior alteration to a designated historic resource or a potential historic resource as defined in Section 17.84.020 (Types of historic resources) shall be reviewed by an architectural historian and may require a historic alteration permit as provided in Section 17.84.070 (Historic alteration permit).

17.120.050 Design review process.

A. Review Required. All design permit applications shall be reviewed by city staff and city-contracted design professionals as specified in Section 17.108.040 prior to review and action on the application by the planning commission.

B. Purpose of Review. The purpose of the design review process is to provide recommendations to the applicant on the design of the project based on design review criteria in Section 17.120.070. Applicants are encouraged to consider comments from the design review process and modify the project design as needed prior to planning commission consideration of the application.

17.120.060 Public notice and hearing.

A. Design Permits. The planning commission shall review and act on a design permit application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).

B. Minor Design Permits. Public notice of a pending action on a minor design permit application shall be provided in compliance with Chapter 17.148 (Public Notice and Hearings). The community development director shall hold a public hearing for a minor design permit application only upon receiving a written request for a public hearing as provided in Section 17.148.030 (Notice of pending action for minor use permits and minor design permits).

17.120.070 Design review criteria.

When considering design permit applications, the city shall evaluate applications to ensure that they satisfy the following criteria, comply with the development standards of the zoning district, conform to policies of the general plan, the local coastal program, and any applicable specific plan, and are consistent with any other policies or guidelines the city council may adopt for this purpose. To obtain design permit approval, projects must satisfy these criteria to the extent they apply.

A. Community Character. The overall project design including site plan, height, massing, architectural style, materials, and landscaping contributes to Capitola’s unique coastal village character and distinctive sense of place.

B. Neighborhood Compatibility. The project is designed to respect and complement adjacent properties. The project height, massing, and intensity are compatible with the scale of nearby buildings. The project design incorporates measures to minimize traffic, parking, noise, and odor impacts on nearby residential properties.

C. Historic Character. Renovations and additions respect and preserve existing historic structures. New structures 228
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and additions to nonhistoric structures reflect and complement the historic character of nearby properties and the community at large.

D. Sustainability. The project supports natural resource protection and environmental sustainability through features such as on-site renewable energy generation, passive solar design, enhanced energy efficiency, water conservation measures, and other green building techniques.

E. Pedestrian Environment. The primary entrances are oriented towards and visible from the street to support an active public realm and an inviting pedestrian environment.

F. Privacy. The orientation and location of buildings, entrances, windows, doors, decks, and other building features minimize privacy impacts on adjacent properties and provide adequate privacy for project occupants.

G. Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility and features that promote a sense of ownership of outdoor space.

H. Massing and Scale. The massing and scale of buildings complement and respect neighboring structures and correspond to the scale of the human form. Large volumes are divided into small components through varying wall planes, heights, and setbacks. Building placement and massing avoids impacts to public views and solar access.

I. Architectural Style. Buildings feature an architectural style that is compatible with the surrounding built and natural environment, is an authentic implementation of appropriate established architectural styles, and reflects Capitola’s unique coastal village character.

J. Articulation and Visual Interest. Building facades are well articulated to add visual interest, distinctiveness, and human scale. Building elements such as roofs, doors, windows, and porches are part of an integrated design and relate to the human scale. Architectural details such as trim, eaves, window boxes, and brackets contribute to the visual interest of the building.

K. Materials. Building facades include a mix of natural, high-quality, and durable materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding development.

L. Parking and Access. Parking areas are located and designed to minimize visual impacts and maintain Capitola’s distinctive neighborhoods and pedestrian-friendly environment. Safe and convenient connections are provided for pedestrians and bicyclists.

M. Landscaping. Landscaping is an integral part of the overall project design, is appropriate to the site and structures, and enhances the surrounding area.

N. Drainage. The site plan is designed to maximize efficiency of on-site drainage with runoff directed towards permeable surface areas and engineered retention.

O. Open Space and Public Places. Single-family dwellings feature inviting front yards that enhance Capitola’s distinctive neighborhoods. Multifamily residential projects include public and private open space that is attractive, accessible, and functional. Nonresidential development provides semi-public outdoor spaces, such as plazas and courtyards, which help support pedestrian activity within an active and engaging public realm.

P. Signs. The number, location, size, and design of signs complement the project design and are compatible with the surrounding context.

Q. Lighting. Exterior lighting is an integral part of the project design with light fixtures designed, located, and positioned to minimize illumination of the sky and adjacent properties.

R. Accessory Structures. The design of detached garages, sheds, fences, walls, and other accessory structures relates to the primary structure and is compatible with adjacent properties.

S. Mechanical Equipment, Trash Receptacles, and Utilities. Mechanical equipment, trash receptacles, and utilities 229
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are contained within architectural enclosures or fencing, sited in unobtrusive locations, and/or screened by landscaping.

17.120.080 Findings for approval.

To approve a design permit application, the review authority shall make all of the following findings:

A. The proposed project is consistent with the general plan, local coastal program, and any applicable specific plan, area plan, or other design policies and regulations adopted by the city council.

B. The proposed project complies with all applicable provisions of the zoning code and municipal code.

C. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).

D. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.

E. The proposed project complies with all applicable design review criteria in Section 17.120.070 (Design review criteria).

F. For projects in residential neighborhoods, the proposed project maintains the character, scale, and development pattern of the neighborhood.

17.120.090 Conditions of approval.

The planning commission or community development director may attach conditions of approval to a design permit to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.

17.120.100 Appeals and post-decision procedures.

A. Planning commission decisions on design permits may be appealed to the city council as described in Chapter

17.152 (Appeals).

B. Community development director decisions on minor design permits may be appealed to the planning commission as described in Chapter 17.152 (Appeals).

C. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to design permits.
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Chapter 17.136 MINOR MODIFICATIONS

Chapter 17.136

MINOR MODIFICATIONS
Sections:

17.136.010 Purpose.

17.136.020 When allowed.

17.136.030 Review authority.

17.136.040 Application submittal and review.

17.136.050 Public notice and hearing.

17.136.060 Findings for approval.

17.136.070 Conditions of approval.

17.136.080 Appeals and post-decision procedures.

17.136.010 Purpose.

This chapter establishes the process to obtain a minor modification. A minor modification allows for small deviations from development standards to accommodate projects which meet the needs of property owners, are consistent with the purpose of the zoning code and general plan and local coastal program land use plan, and do not negatively impact neighboring properties or the community at large.

17.136.020 When allowed.

A. Permitted Modifications. The planning commission may approve a minor modification to allow for a maximum ten percent deviation from a physical development standard that applies to the subject property. Types of physical development standards eligible for a minor modification include:

1. Dimensional standards and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; and

2. Minimum and maximum setbacks from property lines;

3. Other similar dimensional standards as determined by the community development director.

B. Excluded Modifications. The city may not approve minor modifications for:

1. Minimum required on-site open space and landscaping;

2. Maximum height of buildings, fences, walls, and other structures;

3. Lot area, width, or depth;

4. Minimum number of off-street parking spaces;

5. Maximum residential density;

6. Maximum floor area ratio (FAR); or

7. Setbacks from ESHA or geologic hazards.

17.136.030 Review authority.

A. Community Development Director. The community development director takes action on minor modification applications for:

1. Requested deviations to dimensional standards and setbacks for parking spaces, driveways, garages, parking lots, and loading areas; and
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2. Where the application is not filed for concurrent review with an application for discretionary review by the planning commission or city council.

B. Planning Commission. The Planning Commission takes action on all other minor modification applications.

The planning commission takes action on minor modification applications.

C. Referral to Planning Commission. The community development director may refer any on minor modification application to the planning commission for review and final decision.

17.136.040 Application submittal and review.

An application for a minor modification shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review) or, in the coastal zone, Chapter 17.44 (Coastal Overlay Zone) with a coastal development permit. The application shall include the information and materials required by the community development department for minor modification applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.136.060 (Findings for approval).

17.136.050 Public notice and hearing.

The planning commission shall review and act on a minor modification application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).

17.136.060 Findings for approval.

To approve a minor modification application, the planning commission shall make all of the following findings:

A. The modification will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.

B. The modification will not adversely impact neighboring properties or the community at large.

C. The modification is necessary due to unique characteristics of the subject property, structure, or use.

D. The modification will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.

E. The modification is consistent with the general plan, local coastal program, and any applicable specific plan or area plan adopted by the city council.

F. The modification will not establish a precedent.

G. The modification will not adversely impact coastal resources.

17.136.070 Conditions of approval.

The planning commission may attach conditions of approval to a minor modification to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.

17.136.080 Appeals and post-decision procedures.

A. Planning commission decisions on minor modifications may be appealed to the city council as described in Chapter 17.152 (Appeals).

B. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to minor modifications.
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Capitola Municipal Code
Chapter 17.160 GLOSSARY

Chapter 17.160

GLOSSARY
Sections:

17.160.010 Purpose.

17.160.020 Definitions.

17.160.010 Purpose.

This chapter provides definitions of terms and phrases used in the zoning code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this chapter conflict with others in the municipal code, these definitions shall control for only the provisions of this zoning code. If a word is not defined in this chapter or in other chapters of the zoning code, the community development director shall determine the appropriate definition.

17.160.020 Definitions.

A. “A” Terms.

1. “Abutting” or “adjoining” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.

2. “Accessory dwelling unit” means a self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a single parcel. a. “Accessory dwelling unit, attached” means an accessory dwelling unit that shares at least one common wall with the primary residential unit.
b. “Accessory dwelling unit, detached” means a secondary dwelling unit that does not share a common will with the primary residential unit.

3. “Accessory structure” means a structure that is incidental and subordinate to a primary structure or use located on the same parcel. Includes garages, sheds, hot tub, pergolas, and other similar structures.

4. “Accessory use” means a land use which is incidental and subordinate to a primary land use located on the same parcel.

5. “Addition” means any development or construction activity that expands the footprint or increases the habitable floor area of a building.

6. “Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

7. “Alcoholic beverage sales” means the sale of alcoholic beverages for on-site consumption at a restaurant, bar, nightclub or other establishment, or the retail sale of alcoholic beverages for off-site consumption.

8. Alteration. See “Modification.”

9. “Applicant” means any person, firm, partnership, association, joint venture, corporation, or an entity or combination of entities which seeks city permits and approvals.

10. “Arbor” means a freestanding unenclosed structure with vertical latticework on two sides for climbing plants and cross beams or lattice forming a covering connecting the sides. The space between the vertical latticework may be open or contain a bench for sitting. 110. “Assumed ground surface” means a line on each elevation of an exterior wall or vertical surface which connects those points where the perimeter of the structure meets the finished grade. 233
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121. “Average slope” means the average slope of a parcel calculated using the formula: S = 100(I)(L)/A, where:
a. S = Average slope (in percent);
b. I = Contour interval (in feet);
c. L = Total length of all contour lines on the parcel (in feet); and d. A = Area of subject parcel (in square feet).

B. “B” Terms.

1. “Balcony” means a platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two sides.

2. “Banks” means a commercial establishment providing retail banking services. Includes only establishments serving walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions.

3. “Base zoning district” means the primary zoning, as distinguished from an overlay zone, that applies to a parcel of land as shown on the zoning map.

4. “Basement” means that portion of a building between floor and ceiling, which is partly or all below grade, and where more than the vertical distance from grade to ceiling is below the average ground contact level of the exterior walls of the building.

5. “Bay window” means a window or series of windows serving as an important element of the building’s architecture, forming an alcove in a room and projecting outward from the wall in a rectangular, polygonal, or curved form.

6. “Block” means the property abutting on one side of a street and lying between the two nearest intersecting streets.

7. “Bluff” or “cliff” means the scarp or steep face of rock, decomposed rocks, sediment or soil resulting from erosion, faulting, folding or excavation of land mass and exceeding ten feet in height, and includes what are commonly known as “cliffs.” See also the definition of “coastal bluff” in Section 17.44.030.

8. “Building” means any structure used or intended for supporting or sheltering any use or occupancy.

9. “Building coverage” means the land area covered by all buildings and accessory structures on a parcel.

10. “Building face” means and includes the general outer surface of a main exterior wall of a building. For example, a building with a rectangular plan has four main exterior walls and four building faces.

11. “Building height” means the vertical distance measured from the assumed ground surface of the building to the highest point of the roof, ridge, or parapet wall.

12. “Business services” means an establishment that provides services to other businesses on a fee or contract basis. Includes computer rental and repair, catering, printing and duplicating services, outdoor advertising services, package delivery services, equipment rental and leasing, and other similar land uses.

13. “By right” means permitted without any form of discretionary approval.

C. “C” Terms.

1. “California Environmental Quality Act (CEQA)” means California state law (Public Resources Code Section 234
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Chapter 17.160 GLOSSARY

2100 et seq.) requiring government agencies to consider the environmental consequences of their actions before taking action on a proposed project.

2. “Capitola Village” means the central core of Capitola generally bounded by the Monterey Bay shoreline to the south, the railroad trestle to the north and west, and Cliff Avenue and Depot Hill to the east.

3. “Caretaker quarters” means a residence that is accessory to a nonresidential primary use of the site, where needed for security, or twenty-four-hour care or supervision.

4. “Carport” means an accessory building to a residential structure, open on two, three or four sides and attached to, or detached from, a dwelling and established for the loading or unloading of passengers or the storage of an automobile.

5. “Car wash” means a commercial facility for the washing, waxing, or cleaning of automobiles or similar light vehicles

65. “Coastal zone” means the area of land and water extending from the state’s outer seaward limit of jurisdiction inland to the boundary as shown in Capitola’s local coastal program (LCP) as certified by the California Coastal Commission.

76. “Colleges and trade schools” means institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees. Includes junior colleges, business and computer schools, management training, vocational education, and technical and trade schools.

87. “Community assembly” means a facility that provides space for public or private meetings or gatherings.

Includes places of worship, community centers, meeting space for clubs and other membership organizations, social halls, union halls, banquet centers, and other similar facilities.

98. “Community benefit” means a public amenity offered by a project applicant that advances general plan goals but is not required by the zoning code or any other provision of local, state, or federal law. 109. “Commercial entertainment and recreation” means an establishment that provides entertainment or recreation activities or services for a fee or admission charge. Includes bowling alleys, electronic game arcades, billiard halls, pool halls, sports clubs, commercial gymnasiums, dancehalls, and movie theaters. 110. “Community development director” means the community development director of the city of Capitola or his or her designee.
121. “Construction and material yards” means storage of construction materials or equipment on a site other than a construction site. Includes public utility buildings and service yards used by a governmental agency. 132. “Cultural institution” means a public or nonprofit institution that engages in cultural, scientific, and/or educational enrichment. Includes libraries, museums, performing art centers, aquariums, environmental education centers, nonprofit art centers and galleries, botanical gardens, and other similar uses. 143. “Curb-side service” or “drive-up service” means service provided by a commercial establishment while a customer remains waiting within a vehicle.
154. Custom Manufacturing. See “Manufacturing, custom.” D. “D” Terms.

1. “Dark sky compliant” means a lighting fixture that meets the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light.

2. “Day care center” means a facility that provides nonmedical care and supervision of minors for periods of less than twenty-four hours. Includes nursery schools, day nurseries, child care centers, infant day care centers, cooperative day care centers, and similar uses.
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Chapter 17.160 GLOSSARY

3. “Daylight plane” means the imaginary line beginning at a height of twenty feet at the setback from a property line and extending into the parcel at an angle of forty-five degrees.

4. “Deck” means an outdoor platform, either freestanding or attached to a building, which is supported by pillars or posts.

5. Demolition, Substantial. “Substantial demolition” means the removal or replacement of either fifty percent or more of the lineal footage of existing interior and exterior walls or fifty percent or more of the area of existing floor, ceilings, and roof structures.

6. “Density” means the number of dwelling units per acre of land, excluding street rights-of-way, public easements, public open space, land under water, and certified wetlands and floodplains.

7. “Design review” means that process for the city to review and act on a design permit application.

8. Designated Historic Resource. See Section 17.84.020(A) (Designated Historic Resources).

9. “Development” means any human-caused change to the land or a structure that requires a permit or approval from the city, including construction, rehabilitation, and reconstruction. See Section 17.44.030 for the definition of “development” that applies in the coastal zone.

10. “Development standards” means regulations in the zoning code that limit the size, bulk, or placement of structures or other improvements and modifications to a site.

11. “Discretionary approval” means an action by the city by which individual judgment is used as a basis to approve or deny a proposed project.

12. “Drive-through facility” means a facility where a customer is permitted or encouraged, either by the design of physical facilities or by the service procedures offered, to be served while remaining seated within a vehicle.

Includes drive-through restaurants, coffee shops, pharmacies, banks, automatic car washes, drive-up windows, and other similar land uses and services.

13. “Duplex home” means a residential structure that contains two dwelling units, each with its own entrance.

Each unit within a duplex home provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

14. “Dwelling unit” means a building or a portion of a building containing one or more habitable rooms used or designed for occupancy by one family for living and sleeping purposes, including kitchen and bath facilities.

E. “E” Terms.

1. “Eating and drinking establishments” means businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.
a. “Bars and lounges” means a business devoted to serving alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Includes cocktail lounges, nightclubs, taverns, and other similar uses. Also includes tasting rooms with more than 160 square feet of floor area accessible to the public. b. “Restaurants and cafes” means a business establishment serving food and beverages to customers where the food and beverages may be consumed on the premises or carried out and where more than one hundred sixty square feet of public area is open to customers. Includes full service restaurants, fast-food restaurants, coffee shops, cafes, and other similar eating and drinking establishments. c. “Take-out food and beverage” means establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where the area open to customers is limited to no more than one hundred sixty square feet. Includes take-out restaurants, take-out sandwich shops, limited service pizza parlors and delivery shops, and snack bars. Also includes catering businesses or bakeries that have a 236
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storefront retail component and tasting rooms with 160 square feet or less of floor area accessible to the public,.

2. “Elderly and long-term care” means establishments that provide twenty-four-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and are licensed as a skilled nursing facility by the state of California, including but not limited to rest homes and convalescent hospitals, but not residential care, hospitals, or clinics.

3. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, as defined in Section 50801 of the California Health and Safety Code.

F. “F” Terms.

1. “Farmers’ market” means a market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, locally produced arts and crafts items but excludes second-hand goods. Food and beverages dispensed from booths located on site is permitted as an accessory use.

2. “Financial institution” means a professional office conducting businesses within the financial industry.

Excludes commercial establishments providing retail banking services to walk-in customers or clients (see “Banks”).

3. “Fence” means a structure connected by boards, masonry, rails, panels, or other similar permanent building material for the purpose of enclosing space or separating parcels of land. This definition includes gates but excludes hedges and other living plants.

4. “Floor area” means the sum of the horizontal areas of all floors of an enclosed structure, measured from the outside perimeter of the exterior walls as described in Section 17.48.040 (Floor area and floor area ratio).

5. “Floor area ratio” means the gross floor area of all of the buildings on the parcel divided by the net parcel area.

6. “Food preparation” means businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Includes catering kitchens, and small-scale specialty food production.

7. “Frontage” means that portion of all property abutting a street.

G. “G” Terms.

1. “Garage” means an enclosed structure or a part of a building designed or used for the storage of automobiles and other motor vehicles.

2. “Garage sale” means a temporary sale for the purpose of selling, trading or otherwise disposing of household furnishings, personal goods or other tangible properties of a resident of the premises on which the sale is conducted.

3. “Gas and service stations” means a retail business establishment supplying gasoline and oil and minor accessories for automobiles. Included in this definition are incidental food and beverage and car wash facilities.

4. “Group housing” means shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. Includes rooming and boarding houses, single-room occupancy housing, dormitories, and other types of organizational housing, and extended stay hotels intended for long-term occupancy (thirty days or more). Excludes hotels, motels, bed and breakfasts, and residential care facilities.

5. “Geological hazard” means a threat to life, property or public safety caused by geological or hydrological 237
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processes such as faulting and secondary seismic effects, including but not limited to: liquefaction, landsliding, erosion, flooding, tsunami or storm wave inundation.

6. “Government offices” means a place of employment occupied by governmental agencies and their employees. Includes offices for administrative, clerical, and public contact functions but excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment.

7. “Grading” means any and all activities involving earthwork, including placement of fill and/or excavation.

8. “Ground floor” means the first floor of a building other than a cellar or basement that is closest to finished grade.

H. “H” Terms.

1. “Habitable space” means an area within a building that is conditioned (heated or cooled) with a finished floor and a ceiling height of at least seven feet six inches. Excludes unfinished attics, cellars, crawl spaces, and other similar utility areas.

2. Height. See “Building height.” For structures other than buildings, “height” means the vertical distance from grade to the highest point of the structure directly above.

3. “Home day care” means a facility providing daytime supervision and care for up to 14 adults, children, or elderly located in the provider’s own home. Includes both small and large home day care facilities as defined in the California Health and Safety Code Sections 1597.44 and 1597.465 a. “Home day care facilities, large” means a day care home facility supervising nine to fourteen persons. b. “Home day care facilities, small” means a day care home facility supervising eight persons or less.

4. “Historic resource” means either a designated historic resource or a potential historic resource as defined in Section 17.84.020 (Types of historic resources).

5. “Historic alteration permit” means the city permit required to alter the exterior of a historic resource in accordance with Section 17.84.070 (Historic alteration permit).

6. “Home occupation” means the conduct of a business within a dwelling unit or residential site, with the business activity being subordinate to the residential use of the property.

I. “I” Terms.

1. “Impervious surface” means any surface that does not permit the passage of water. Impervious surfaces include buildings, parking areas, and all paved surfaces.

J. “J” Terms. None.

K. “K” Terms.

1. “Kitchen” means any room or part of a room used or intended or designed to be used for cooking or the preparation of food for a single dwelling unit, and distinct from a “mini-bar/convenience area” which is intended as a supplemental food preparation area within a single-family home.

L. “L” Terms.

1. “Land use” means an activity conducted on a site or in a structure, or the purpose for which a site or structure is designed, arranged, occupied, or maintained. The meaning of the term “use” is identical to “land use.”

2. “Landscaping” means the planting and maintenance of living plant material, including the installation, use, 238
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and maintenance of any irrigation system for the plant material, as well as nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

3. “Liquor store” means a business selling alcoholic beverages for off-site consumption with the sale of alcoholic beverages constituting its primary source of revenue.

4. “Local coastal program (LCP)” means the city’s land use plan and implementation plan which includes portions of the municipal code, portions of the zoning code, zoning map (as more specifically identified in Chapter 17.44 (Coastal Overlay Zone) and actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.

5. Light Manufacturing. See “Manufacturing, light.”

6. “Lodging” means an establishment providing overnight accommodations to transient patrons for payment for periods of less than thirty consecutive days.
a. “Bed and breakfast” means a residential structure that is in residential use with one or more bedrooms rented for overnight lodging and where meals may be provided. b. “Hotel” means an establishment providing overnight lodging to transient patrons. Hotels and motels may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. Includes motor lodges, motels, extended-stay hotels, and tourist courts, but does not include group housing or bed and breakfast establishments, which are separately defined and regulated.

7. Lot. See “Parcel.”
M. “M” Terms.

1. “Maintenance and repair services” means businesses which provide construction, maintenance and repair services off site, but which store equipment and materials or perform fabrication or similar work on site.

Includes off-site plumbing shops, general contractors, contractor’s storage yards, appliance repair, janitorial services, electricians, pest control, heating and air conditioning, roofing, painting, landscaping, septic tank service, and other similar uses.

2. “Manufacturing, custom” means establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle making shops, woodworking, and custom jewelry manufacturers.

3. “Manufacturing, light” means the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing.

4. “Material change” means any significant alteration, by private or public action, in the external appearance or surface of an improvement, landscape or vista. This shall not include ordinary maintenance which does not require a permit.

5. “Ministerial action” means a city decision on a planning permit which involves only the use of fixed standards or objective measurements and does not require the exercise of discretion.

6. “Mini-bar/convenience area” means a supplemental food preparation area within a single-family home subject to the standards in Section 17.16.030(B)(9) (Mini-Bar/Convenience Areas).

7. “Medical offices and clinics” means a facility where medical, mental, dental, or other personal health services are provided on an outpatient basis using specialized equipment. Includes offices for physicians, dentists, and optometrists, diagnostic centers, blood banks and plaza centers, and emergency medical clinics 239
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offered exclusively on an out-patient basis. Hospitals are excluded from this definition.

8. “Mixed use” means two or more different land uses located in one structure or on one parcel or development site.

9. “Mobile food vendors” means businesses selling food or drinks from temporary and semi-permanent structures or mobile equipment such as food trucks or pushcarts.

10. Mobile Home Park. See Section 17.100.030 (Definitions).

11. “Modification” means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.

12. “Multifamily dwelling” means a building that contains three or more dwelling units, with each unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

N. “N” Terms.

1. “Nonconforming parcel” means a parcel that was lawfully established but that no longer conforms with the parcel size or dimension standards of the zoning district in which it is located.

2. “Nonconforming structure” means a structure which does not meet the current development standards for the district in which the structure is located. Development standards include, but are not limited to, setbacks, height or lot coverage regulations of the zoning district, but do not include standards contained in the uniform codes, such as the building code.

3. “Nonconforming use” means a use that lawfully occupied a building or land at the time the use was established, but that no longer conforms with the use regulations of the zoning district in which it is located.

O. “O” Terms.

1. “Open space, private” means open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

2. “Open space, common” means areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit.

3. “Outdoor kitchen” means an outdoor space used or intended or designed to be used for cooking or the preparation of food for a single dwelling unit subject to the standards in Section 17.16.030.B.10. Outdoor pizza ovens are included in the definition of an outdoor kitchen.

3. “Overlay zone” means an additional zoning district as shown on the zoning map that prescribes special regulations to a parcel in combination with the base zoning district.

P. “P” Terms.

1. “Parcel” means a lot, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the county of Santa Cruz, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. The meaning of “lot” is identical to “parcel.”

2. Parcel Area, Gross. “Gross parcel area” means the total horizontal area included within the parcel lines of the parcel, including one-half the width of any alley or portion thereof abutting a parcel line.

3. Parcel Area, Net. “Net parcel area” means the gross parcel area excluding: (a) any recorded easements to 240
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allow others to use the surface of the property for necessary access to an adjacent property or other similar use such as a shared driveway or public access agreement (excludes utility easements), and (b) any area under the high water mark that extends into a waterway.

4. Parcel, Corner. “Corner parcel” means a parcel situated at the junction of two or more intersecting streets, with a parcel line bordering on each of the two or more streets.

5. “Parcel depth” means the average distance from the front parcel line to the rear parcel line, measured in the general direction of the side parcel lines.

6. “Parcel line” means the lines bounding a parcel.

7. Parcel Line, Front. “Front parcel line” means that dimension of a parcel or portion of a parcel, abutting on a street except the side of a corner parcel. On a corner parcel the narrowest street frontage is considered the front parcel line. The community development director may designate the front parcel line for irregularly shaped parcels with unusual development patternshas the authority to determine and designate the front parcel line based on existing conditions and function of the lot.

8. Parcel Line, Rear. “Rear parcel line” means, ordinarily, the line of a parcel which is generally opposite the front parcel line of said parcel. The community development director has the authority to determine and designate the front parcel line based on existing conditions and function of the lot.may designate the rear parcel line for irregularly shaped parcels with unusual development patterns.

9. Parcel Line, Interior Side. “Interior side parcel line” means any boundary line not a front line or a rear line shared with another parcel.

10. Parcel Line, Exterior Side. “Exterior side parcel line” means any boundary line not a front line or a rear line adjacent to a street.

11. Parcel, Reversed Corner. “Reversed corner parcel” means a corner parcel, the side street line of which is substantially a continuation of the front line of the parcel upon which it rears.

12. “Parcel width” means the average distance between the side parcel lines, measured at right angles to the parcel depth.

13. “Parking lot” means an open area of land, a yard or other open space on a parcel other than a street or alley, used for or designed for temporary parking for more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

14. “Parking space” means land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designed to be used for temporary parking or storage of standard motor vehicles.

15. “Parks and recreational facilities” means noncommercial public facilities that provide open space and/or recreational opportunities. Includes parks, community gardens, community centers, passive and active open space, wildlife preserves, playing fields, tennis courts, swimming pools, gymnasiums, and other similar facilities.

16. “Pergola” means an unenclosed structure with vertical posts or pillars that supports cross beams and/or an open lattice. A pergola may be freestanding or attached to a building.

16. “Personal services” means an establishment that provides services to individuals and that may provide accessory retail sales of products related to the services provided. Includes barber shops and beauty salons, nail salons, dry cleaning establishments, self-service laundromats, tailors, tanning salons, state-licensed massage therapists, fitness studios, yoga studios, dance studios, pet grooming services, veterinary clinics, and other similar land uses. Also includes establishments that primarily offer specialized classes in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction. This does not include professional offices that offer classes in addition to the professional office spaces. 241
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17. “Planning permit” means any permit or approval required by the zoning code authorizing an applicant to undertake certain land use activities.

18. Potential Historic Resource. See Section 17.84.020(B) (Potential Historic Resource).

19. “Primary use” means the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

20. “Primary structure” means a structure that accommodates the primary use of the site.

21. “Professional office” means a place of employment occupied by businesses providing professional, executive, management, or administrative services. Includes offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, nonretail financial institutions, real estate agents, news services, photographers, engineers, employment agencies, and other similar professions.

Also includes research and development facilities that engage in research, testing, and development of commercial products or services in technology-intensive fields.

22. “Public safety facility” means a facility operated by a governmental agency for the purpose of protecting public safety. Includes fire stations and other fire-fighting facilities, police stations, public ambulance dispatch facilities, and other similar land uses.

Q. “Q” Terms. None.

R. “R” Terms.

1. “Recreational vehicle (RV)” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
a. Contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; b. Contains four hundred square feet or less of gross area measured at maximum horizontal projections; c. Is built on a single chassis; and
d. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

2. “Reycling collection facility” means a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.

3. “Remodel” means a change or alteration in a building that does not increase the building’s net square footage.

4. “Residential care facility” means a state-licensed residential facility providing social and personal care for residents. Includes children’s homes, homes for the elderly, orphanages, self-help group homes, and transitional housing for the homeless. Excludes facilities where medical care is a core service provided to residents, such as nursing and convalescent homes.
a. “Residential care facility, large” means a residential care facility for seven or more persons. b. “Residential care facility, small” means a residential care facility for six or fewer persons.

5. “Residential mixed use” means one or more structures on a single parcel that contains both dwelling units and nonresidential uses such as retail, restaurants, offices, or other commercial uses. Different land uses may be within a single structure (vertical mixed use) or in separate structures on a single parcel (horizontal mixed use). 242
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6. “Residential use” means any legal use of a property as a place of residence, including but not limited to dwelling units, group housing, and the residential component of a mixed-use residential building.

76. “Retail” means stores and shops selling merchandise to the general public. Includes drug stores, general merchandise stores, convenience shops, pet stores, department stores, grocery stores and other similar retail establishments.

87. “Review authority” means the city official or city body that is responsible, under the provisions of the zoning code, for approving or denying a permit application or other request for official city approval.

9. “Roof deck” means a walkable exterior floor system located above and supported by the roof of a building.

S. “S” Terms.

1. “Salvage and wrecking” means storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

2. “Schools, public or private” means public or private facilities for education, including elementary, junior high, and high schools, providing instruction and study required in public schools by the California Education Code.

3. “Setback” means the minimum allowable distance from a given point or line of reference such as a property line to the nearest vertical wall or other element of a building or structure as defined in this chapter, or from a natural feature such as a bluff edge or an environmentally sensitive habitat area. Setbacks for buildings or structures shall be measured at right angles from the nearest property line establishing a setback area line parallel to that parcel line. Where a property line is located within a street, the setback shall be measured from the edge of the right-of-way containing the street.

4. Sign. See Chapter 17.80 (Signs).

5. “Single-family dwelling” means a residential structure designed for occupancy by one household. A singlefamily dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

6. “Single-room occupancy” means housing consisting of a single-room dwelling unit that is the primary residence of its occupants. A single-room occupancy must include either food preparation or sanitary facilities (or both) and must be four hundred square feet or less.

7. “Site” means a parcel or adjoining parcels that are under single ownership or single control, and that are considered a unit for the purposes of development or other use.

8. “Site area” means the total area included within the boundaries of a site.

9. “Self-storage” means a structure or group of structures with controlled access that contains individual and compartmentalized stalls or lockers for storage of customers’ goods.

10. “Split zoning” means a parcel on which two or more zoning districts apply due to zoning district boundaries crossing or otherwise not following the parcel boundaries.

11. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade as defined in this chapter for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined in this chapter at any point, such basement, cellar or unused under-floor space shall be considered as a story. 243
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12. Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which are at least two opposite exterior walls and which are not more than four feet above the floor plate of the second floor, and may include shed or dormer projections from those walls. Dormers may constitute not more than one-third of the length of the wall upon which they are located, whether as a single unit or multiple dormers.

13. “Street” means a public way more than twenty feet in width which affords a primary or principal means of access to abutting property. “Streets” includes private roads and highways.

14. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor, ceiling or roof joists and roof rafters, or change in roof exterior lines which would prolong the life of the supporting members of a building.

15. “Structure” means anything constructed or erected that requires attachment to the ground, or attachment to something located on the ground. Pipelines, poles, wires, and similar installations erected or installed by public utility districts or companies are not included in the definition of “structure.” In the coastal zone, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

T. “T” Terms.

1. “Tandem parking” means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

2. “Tasting Room” means a room or rooms, open to the general public, primarily used for the retail marketing of winery, brewery, distillery, and/or food products

2. “Temporary structure” means a structure that is erected for a limited period of time, typically no longer than one hundred eighty days, and that does not permanently alter the character or physical facilities of a property.

3. “Temporary use” means a short-term activity that may or may not meet the normal development or use standards of the applicable zone, but that occurs for a limited period of time, typically less than twelve months and does not permanently alter the character or physical facilities of a property.

4. “Trellis” means a structure made from an open framework or lattice of interwoven or intersecting pieces of wood, bamboo or metal made to support and display climbing plants. A trellis may be freestanding or attached to a building wall or other structure.

U. “U” Terms.

1. “Upper floor” means any story of a building above the ground floor.

2. “Urban agriculture” means activities involving the raising, cultivation, processing, marketing, and distribution of food in urban areas.
a. “Home garden” means the property of a single-family or multifamily residence used for the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the property, guests of the property owner, or a gardening business hired by the property owner. b. “Community garden” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members. c. “Urban farm” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale.

3. Use. See “Land use.”
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4. “Utilities, major” means generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

5. “Utilities, minor” means infrastructure facilities that are necessary to serve development within the immediate vicinity such as electrical distribution lines and underground water and sewer lines.

V. “V” Terms.

1. “Vacation rental” means the occupancy for hire of residential property or a portion thereof for a period of less than thirty consecutive calendar days. See Section 17.40.030 (Vacation rental use (-VRU) overlay zone). “For hire,” for purposes of this section, does not include:
a. The owner or long-term lessee of the property, without consideration, allowing family or friends to use the property;
b. An arrangement whereby the owner or long-term lessee of the property agrees to a short-term trade with another property owner or long-term lessee whereby the sole consideration is each concurrently using the other’s property.

2. “Valet parking service” means a parking service provided to accommodate patrons of one or more businesses that is accessory and incidental to the business and by which an attendant on behalf of the business takes temporary custody of a patron’s motor vehicle and moves, parks, stores or retrieves the vehicle for the patron’s convenience.

3. “Vehicle repair” means an establishment for the repair, alteration, restoration, or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, motor rebuilding, tire recapping and retreading, and towing. Repair shops that are incidental to a vehicle sales or rental establishment on the same site are excluded from this definition.

4. “Vehicle sales and rental” means an establishment for the retail sales or rental of new or used vehicles.

Includes the sale of vehicle parts and vehicle repair; provided, that these activities are incidental to the sale of vehicles.

5. “Vehicle sales display room” means an establishment for the retail sales of new vehicles conducted entirely within an enclosed building. Outdoor storage and display of vehicles are not permitted.

W. “W” Terms.

1. “Wall” means a permanent upright linear structure made of stone, concrete, masonry, or other similar material.

2. “Warehousing and distribution” means an establishment used primarily for the storage and/or distributing of goods to retailers, contractors, commercial purchasers or other wholesalers, or to the branch or local offices of a company or organization. Includes vehicle storage, moving services, general delivery services, refrigerated locker storage facilities, and other similar land uses.

3. “Wholesaling” means indoor storage and sale of goods to other firms for resale. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders.

Wholesalers normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic.

4. “Wireless communications facility” means a facility that transmits or receives electromagnetic signals for the purpose of transmitting voice or data communications. See Chapter 17.104 (Wireless Communications Facilities).

X. “X” Terms. None.
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Y. “Y” Terms.

1. “Yard” means an open space, other than a court, on the same parcel with a building, unoccupied and unobstructed from the ground upward, except for such encroachments allowed by the zoning code.

2. Yard, Front. “Front yard” means a yard extending across the full width of the parcel, the depth of which is the minimum horizontal distance between the front line of the parcel and the nearest line of the main building or enclosed or covered porch. On a corner parcel the front line of the parcel is ordinarily construed as the least dimension of the parcel fronting on a street.

3. Yard, Rear. “Rear yard” means a yard extending across the full width of the parcel, and measured between the rear line of the main building or enclosed or covered porch nearest the rear line of the parcel; the depth of the required rear yard shall be measured horizontally.

4. Yard, Side. “Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the parcel and the nearest part of the main building or enclosed or covered porch.
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Zoning Map/LCP-IP Proposed Modifications
for 620 El Salto Parcels
Existing Land Use: Visitor Serving
Proposed Land Use: R-1 Single-Family Residential with Visitor Serving Overlay 247
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RESOLUTION NO.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AUTHORIZING

SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION FOR THE

CERTIFICATION OF AN AMENDMENT TO THE LOCAL COASTAL PROGRAM AMENDING MUNICIPAL CODE CHAPTER 17 TO CORRECT DRAFFTING

ERRORS, RESOLVE AMBIGUITIES, IMPROVE CODE ORGANIZATION, ADDRESS NEW LEGISLATION, AND REZONE THE MONARCH COVE INN;

AND AMENDING THE CAPITOLA ZONING MAP AND THE CAPITOLA

COASTAL LAND USE PLAN MAP (GENERAL PLAN LAND USE MAP) TO

MODIFY THE ZONING AND LAND USE DESIGNATION OF THE MONARCH COVE INN PROPERTY.

WHEREAS, the City of Capitola’s Local Coastal Program (LCP) was certified by the California Coastal Commission in December of 1981 and has since been amended from time to time; and
WHEREAS, the City Council adopted the General Plan Update on June 26, 2014; and WHEREAS, the Local Coastal Program Land Use Plan is a comprehensive long-term plan for land use and physical development within the City’s coastal zone and includes the Coastal Land Use Plan Map; and
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; and 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; and WHEREAS, Coastal Commission staff requested a third-party consultant to assess the Monarch Cove Inn’s profitability and real estate value; and WHEREAS, the City contracted with Kosmont Companies to prepare a Feasibility Study and Broker Assessment of Value to evaluate the owner’s statements regarding profitability and financial positioning; and
WHEREAS, the permit history shows that the owner made major development proposals in 2001 and 2014 to add buildings, guest rooms, guest facilities, and amenities in effort to upgrade and modernize the property. Both proposals were met with significant opposition by the surrounding neighborhood and the 2014 project was ultimately withdrawn.

WHEREAS, since the updated Zoning Code was adopted and certified by the Coastal 248
Item 7 F.

RESOLUTION NO.

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, the draft ordinance was then circulated for a 60-day public review period on October 11, 2022; and
WHEREAS, at duly noticed public hearings on October 20 and November 3, 2022, the Planning Commission reviewed the proposed Zoning Code amendments, including the proposed Monarch Cove map amendments; and
WHEREAS, on November 3, 2022, the Planning Commission recommended to the City Council adoption of the proposed Zoning Code amendment; and WHEREAS, before introducing this Ordinance, the City Council adopted Resolution No. 4293 - 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.

WHEREAS, the General Plan Land Use Map serves as the Local Coastal Program Coastal Land Use Plan Map; and
WHEREAS, the Capitola City Council conducted duly noticed public hearings on November 10, 2022, at which the City Council introduced and performed a first reading of the added and revised municipal code sections. On November 22, 2022, the City Council adopted the ordinance amending Chapter 17 of the Municipal Code and the Zoning Map; and WHEREAS, the City Council determined that the amendments are consistent with the General Plan and that the revisions would be internally consistent with all other provisions of the Municipal Code.

WHEREAS, the amendments would become a component of Implementation Plan of the City’s Local Coastal Program and is intended to be implemented in a manner that is in full conformance with the California Coastal Act.

WHEREAS, following the City Council’s adoption, Capitola staff submitted the Zoning Code update to the Californian Coastal Commission staff for preliminary review in preparation for Local Coastal Plan (LCP) certification; and
WHEREAS, the Local Coastal Program Implementation Plan establishes specific land use and development regulations to implement the Local Coastal Program Land Use Plan, and Chapter 16 (Subdivision), Chapter 17 (Zoning) and the Zoning Map are part of Capitola’s Local Coastal Program Implementation Plan; and
WHEREAS, the City provided Public Notice, as required under Coastal Act 30514 et seq., for Certification of the LCP Implementation Plan and Corresponding Maps.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Capitola, that this Resolution declares and reflects the City’s intent to amend the LCP Implementation Plan as it pertains to Chapter 17 (Zoning) and the Capitola Zoning Map, and the City’s Coastal Land Use Plan Map as it pertains to the General Plan Map, as drafted, if certified by the California Coastal Commission, in full conformity with the City of Capitola LCP and 249
Item 7 F.

RESOLUTION NO.
__________________________
provisions of the California Coastal Act.

BE IT FURTHER RESOLVED, that the City Manager or his designee is directed to submit the said Coastal Commission LCP Amendments to the California Coastal Commission for its review and certification. If the Coastal Commission approves the amendment package, it will take effect automatically upon Coastal Commission approval. If the Coastal Commission modifies the amendment package, only the modifications will require formal action by the City of Capitola.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Capitola on the 22
th day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sam Storey, Mayor
ATTEST:

Julia Moss, City Clerk
250
Item 7 F.

General Plan and Local Coastal Program Land Use Map Proposed Modifications for 620 El Salto Parcels
Existing Land Use: Visitor Serving
Proposed Land Use: Single-Family Residential with Visitor Serving Overlay 251
Item 7 F.

Consistency with Capitola’s LCP Land Use Plan
The majority of the zoning code updates are routine in nature to address updates to ADU law, clean-up typos and cross references, and clarify regulations. The modification to the Monarch Cove Inn are significant and require a consistency review of how the proposal is consistent with Capitola’s Local Coastal Program Land Use Plan.

As an overview, the owners of the Monarch Cove Inn initiated the change to rezone the property to have an R-1 base zone within a Visitor Serving Overlay to allow them more options in terms of retirement and estate planning, after 30 years of operating a bed and breakfast. To ensure the consistency with Capitola LCP LUP, the draft amendment includes a requirement that any conversion to single-family must obtain a conditional use permit with conditions that either a public easement is dedicated to a scenic overlook or one of the three structures be utilized for nightly rental. These two conditions ensure that a visitor serving use will continue on the site.

The proposed amendment is consistent with the following goal of the Coastal Act:

Sec. 30001.5.c) Maximize public access to and along the coastal and maximize public recreation opportunities in the coastal zone, consistent with sound resource conservation principles and constitutionally protected rights of private property owners.

Sec. 30251. The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and where feasible , to restore and enhance visual quality in visually degraded areas.

Sec. 30253. New development shall: (5) Where appropriate, protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses.

Section 30251: The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas.

New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

The proposed amendment is consistent with the following sections of the LUP Residential Development. More residential units are required to serve the needs of the residents of the City of Capitola. The Village area provides a place for residential and ommercial / recreational activities. Change in land use policy will have to be made in order to ensure this mix continues.

Policy I-2 It shall be the policy of the City of Capitola to encourage mixed commercial/residential development in the Village and to designate certain existing residential areas as exclusively residential.
252
Item 7 F.

Visual Resources
In addition to the Village, there are several areas of Capitola that deserve special attention in regard to protection of views, scenic resources, and natural landforms. One such area is Depot Hill. The Depot Hill neighborhood preserves some of the visual character of old Camp Capitola and Depot. The streets are tree-lined and without curbs, gutters, or sidewalks. Victorian houses occupy many of the lots on the hill, with a concentration along Cliff Avenue overlooking Capitola Village. At the east end of Depot Hill is the El Salto Resort complex. The eastern area of the El Salto property is Escalona Gulch, an undisturbed pine and eucalyptus grove extending from the coastal bluff approx. 800 feet inland to Park Avenue. The Grove provides a waystation for migrating Monarch butterflies. Other important coastal visual resources are bluff-top views to and along the ocean. These views extend along Cliff Drive and Grand Avenue.

Policy III-6 It shall be the policy of the City of Capitola to maintain the special character of Depot Hill. New development on Depot Hill shall be permitted only where designed to be compatible with the scale and architectural character of the area.

Policy III-10 The City shall identify architecturally and historically significant structures and provide for their protection. These include special, unique structures in Capitola Village and surrounding bluffs, both private and public.

Policy VI-2 It shall be the policy of the City of Capitola to protect, maintain and, where possible, enhance the environmentally sensitive and locally unique habitats within its coastal zone, including dedication and/or acquisition of scenic conservation easements for protection of the natural environment. All developments approved by the City within or adjacent to these areas must be found to be protective of the long-term maintenances of these habitats.

Policy VI-10 a) It shall be the policy of the City of Capitola to protect the winter resting sites of the Monarch Butterfly in the eucalyptus groves of Escalona Gulch, New Brighton Gulch, and Soquel Creek as designated on Map VI-2 by requiring detailed analysis of the impacts of development on the habitat.
253
Item 7 F.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Police Department
Subject: Second Reading of an Ordinance Amending Sections 5.36 and 9.61 of the Capitola Municipal Code Pertaining to Cannabis Delivery Recommended Action: Pass 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: On November 10, 2022, the City Council unanimously approved the first reading of the draft ordinance to amend Municipal Code Sections 5.36 and 9.61.

The Santa Cruz City Council considered and introduced a similar ordinance amendment on November 15, 2022. The Santa Cruz County Board of Supervisors considered and introduced a similar ordinance on November 15, 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.

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
254
Item 7 G.

ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF CAPITOLA AMENDING SECTIONS 5.36.030 AND

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:
255
Item 7 G.

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.
256
Item 7 G.

This Ordinance was introduced at the meeting of the City Council on the 10th day of November, 2022, and was adopted at a regular meeting of the City Council on the 22nd day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Sam Storey, Mayor
Attest: ___________________________
Julia Moss, City Clerk

257
Item 7 G.

Capitola City Council
Agenda Report
Meeting: November 10, 2022
From: Police Department
Subject: Suspend Village Parking Meter and Pay Station Operation for the 2022 Holiday Season
Recommended Action: Authorize the suspension of parking meter and pay station operation to allow free three-hour parking in the Village Parking Meter Zone A (1) from November 24, 2022, through December 25, 2022.

Background: The Capitola Business Improvement Association (BIA) has submitted its annual request to City Council to offer free three-hour parking in the Village during the holiday season. Council has authorized this program since 2001, with only one exception in 2003.

Discussion: The three-hour parking limit and the paid parking encourage parking rotation, which benefits Village businesses. Although the Village is less congested in late-fall through early- winter than in the late-spring through early-fall, the need for time-limited parking still prevails.

The Capitola BIA has submitted a letter requesting that the Council authorize suspending parking meter and pay station operation to allow free three-hour parking in the Village from November 24, 2022, through December 25, 2022, to encourage holiday shopping and dining (Attachment 1).

Fiscal Impact: Staff estimates that in 2021, the suspension of the Village parking meters and pay stations reduced parking meter revenue by $40,000. The Fiscal Year 2022/2023 budget accounts for suspending Village meter and pay station operation for the holiday shopping period.

Attachments:

1. Attachment 1: BIA Holiday Parking Request
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Chloé Woodmansee, Assistant to the City Manager Approved By: Jamie Goldstein, City Manager
258
Item 7 H.

October 31, 2022
Capitola City Council
City of Capitola
420 Capitola Ave
Capitola, CA 95010
Dear City Council,
The Capitola Village and Wharf BIA requests your consideration of the annual free parking during the upcoming holiday. Traditionally the 3 hour parking is free from Thanksgiving day through Christmas.

We understand that free parking comes at a substantial price.

However, our customers and visitors as well as the residents of Capitola have come to count on this generous policy of the city.

The businesses in Capitola Village appreciate your considering our request.

Sincerely,
Anthony Guajardo
Chair, Capitola Village and Wharf BIA

CAPITOLA VILLAGE & WHARF BUSINESS IMPROVEMENT AREA
P.O. BOX 806, CAPITOLA, CA 95010

259
Item 7 H.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Public Works Department
Subject: Award of Contract to American Foam Experts for the City Hall Roof Repair Project in Total Amount Not to Exceed $58,480 and Determine Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301
Recommended Action: 1. Accept the lowest responsible bid for the City Hall Roof Repair Project and determine project exempt from CEQA; and 2. Authorize the City Manager to award the construction contract to the lowest responsible bidder after receipt of the required contract documents, execute contract documents, and approve potential contract changes in aggregate amount not exceeding 10% of the contract award amount.

Background: The FY 2022-23 General Fund budget allocates $100,000 to “Minimal City Hall Maintenance.” As discussed during the May 19, 2022 City Council meeting, the roof on the City Hall building is aging and leaks frequently during rains. To prevent any additional damage to the roof and interior of the building, Staff recommends extending the life of the current roof by installing a silicone coating system. Silicone roof coatings are a cost-effective alternative to roof replacement that provides resistance to water intrusion, UV exposure, and natural weathering.

The proposed work consists of furnishing all labor, equipment, materials and supervision for the installation of a Carlisle Roof Foam and Coatings (CRFC) SeamlesSeal Ultra HSLV. Total thickness of the silicone coating must be a minimum of 20-mils for the 10-year warranty.

The construction bid documents required time for construction completion is 25 working days following approval of the contract agreement and the date specified in the City’s Notice to Proceed.

Discussion: City staff invited sealed bidding in accordance with requirements under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code sections 22000- 22050. On November 4 and 10, 2022, staff advertised the project in the Santa Cruz Sentinel and on the City’s website with a bid opening date of November 15, 2022. The City received three sealed bids by the scheduled bid opening time on November 15, 2022. A summary of the bid results is shown below:

Rank Contractor Bid Total
1 American Foam Experts $58,480.00
2 Brazos Urethane $76,460.00
3 The Roofing Friend $96,500.00
Staff checked the accuracy of all bids and determined the lowest responsible bid was submitted by American Foam Experts.

Staff recommends the City Council accept the bids and authorize the City Manager to award the construction contract to the lowest responsible bidder in the bid amount of $58,480, execute the contract after receipt of the required contract documents, and approve potential contract changes in an aggregate amount not exceeding 10% of the contract award amount.

CEQA: Based on the scope of work, staff have determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15301 for repair and maintenance of existing public or private structures, as the project involves negligible or no expansion of 260
Item 7 I.
existing or former use, and none of the exceptions to the use of a categorical exception as set forth in CEQA Guidelines section 15300.2 apply to this project.

Fiscal Impact: The City Council approved budget for FY 2022-23 includes an allocation of $100,000 for “Minimal City Hall Maintenance.” The recommended construction contract award amount is $58,480 plus 10% contingency of $5,848 for a total amount of $64,328. Staff plans to allocate the remainder of this year’s City Hall maintenance funding, approximately $40,000, to construct improvements to the exterior concrete pathways, minor maintenance to City Hall offices, and first level public restrooms at City Hall.

Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
261
Item 7 I.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Public Works Department
Subject: Consider a Contract to Install a Backup Power Generator for the City Hall and Police Department
Recommended Action: Authorize the City Manager to award a contract to Triad Electric for the City Hall and Police Department Backup Generator Project in total amount not to exceed $197,200, approve potential contract changes in the aggregate amount not exceeding 15% of the contract award amount, and determine the project is exempt from CEQA Pursuant to CEQA Guidelines Section 15303.

Background: In March of 2021 the City was awarded a FY 2020-21 Community Power Resiliency allocation from the California Governor’s Office of Emergency Services (Cal OES) in the amount of $300,000. Initially Staff had anticipated constructing solar panels and a battery backup system for City Hall. Staff bid the project in June of 2022 and did not receive any bids. In consultation with solar power installers, staff determined the roof of the building did not have sufficient surface area to support an effective solar system. Staff received approval from Cal OES to install a new emergency generator in lieu of the solar panel project.

The current generator at City Hall can only support the Police Department in the event of an outage. The new generator, to be located in the upper parking lot, would have the ability to support both the Police Department and City Hall offices as well as have the ability to provide power to other emergency services agencies in the parking lot in the event of a major emergency.

The proposed work project includes the purchase, delivery, and optional installation of a new 150kW backup generator for City Hall. To provide flexibility in dealing with funding constraints, the bid schedule was divided into a base bid and one bid alternative. The alternative option included the cost of installation.

The determination of the lowest bid is based upon the base bid. The City Council may award the base bid only or may award the total base bid plus alternative 1.

The construction bid documents required time for construction completion is 25 working days following approval of the contract agreement and the date specified in the City’s Notice to Proceed.

Discussion: City staff invited sealed bidding in accordance with requirements under the California Uniform Public Construction Cost Accounting Act (CUPCCAA), Public Contract Code sections 22000- 22050. On November 4 and 11, 2022, staff advertised the project in the Santa Cruz Sentinel and on the City’s website with a bid opening date of November 16, 2022. The City received four sealed bids on the scheduled bid opening time on November 16, 2022 for the City Hall and Police Department Backup Generator Project. A summary of the bid results is shown below:

Rank Contractor Base Bid Alternative 1 Total Bid Amount 1 Triad Electric $112,000.00 $85,200 $197,200
2 Allegri Electric $114,429.00 n/a n/a
3 Bear Electric
Solutions
$121,300.00 $187,600 $308,900
4 PC Inc $130,500.00 $141,500 $272,000
262
Item 7 J.

Staff checked the accuracy of all bids and determined that the lowest responsible base bid was submitted by Triad Electric. Triad Electric also submitted the lowest total bid amount (Base Bid + Alternative 1) of $197,200.

Staff recommends the City Council accept the bids and authorize the City Manager to award the construction contract to the lowest responsible bidder in the Base Bid plus Alternative 1 amount of $197,200, execute the contract after receipt of the required contract documents and approve potential contract changes in an aggregate amount not exceeding 15% of the contract award amount.

CEQA: Based on the scope of work, staff has determined this project is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15303 for New Construction or Conversion of Small Structures, and none of the exceptions to the use of a categorical exception as set forth in CEQA Guidelines section 15300.2 apply to this project.

Fiscal Impact: The City Council approved budget for FY 2022-23 includes an allocation of $390,000 for “Emergency Power at City Hall Complex”. The $300,000 Community Power Resiliency allocation from Cal OES requires matching funds in the amount of $90,000, budgeted from the General Fund. The recommended construction contract award amount is $197,200 plus 15% contingency of $28,580 for a total amount of $226,780. Staff will program the remaining grant balance of approximately $74,000 to other Community Power Resiliency Allocation grant-eligible expenditures and return to Council at a future hearing to consider those expenditures.

Attachments:

1. Generator Specifications and Location
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
263
Item 7 J.

CITY OF CAPITOLA CITY HALL AND POLICE DEPARTMENT GENERATOR PROJECT NOVEMBER 2022
264
Item 7 J.

Location A – New Generator Site  Location A – New Generator Site Location A – Access to Generator Site  Location A – New Generator Site Location A
265
Item 7 J.

Location B – Electrical Room
Location B – Electrical Room
Option 1 for conduit run  Option 2 for conduit run
Location B
266
Item 7 J.
14 ft 106 ft
37 ft
108 ft
77 ft
65 ft
57 ft
60 ft
12 ft110 deg
110 deg
160 deg
250 deg
40 ft
24 ft
PoliceDepartment
City
Offices
Museum
12 ft
10 ft
Museum Cabin
City of Capitola 0 30 60 15
Feet 4
City Hall Building Map
Location A - New Generator Site
Location C - Existing Generator Location
Location B - Electrical Room
420 Capitola Ave, Capitola CA 95010
Conduit Run Options
267
Item 7 J.

SD150 | 6.7L | 150 kW

INDUSTRIAL DIESEL GENERATOR SET
EPA Certified Stationary Emergency

SPEC SHEET
1 of 7

Powering Ahead
For over 50 years, Generac has provided innovative design and superior manufacturing.

Generac ensures superior quality by designing and manufacturing most of its generator components, including alternators, enclosures and base tanks, control systems and communications software.

Generac gensets utilize a wide variety of options, configurations and arrangements, allowing us to meet the standby power needs of practically every application.

Generac searched globally to ensure the most reliable engines power our generators. We choose only engines that have already been proven in heavy-duty industrial applications under adverse conditions.

Generac is committed to ensuring our customers’ service support continues after their generator purchase.

Codes and Standards
Not all codes and standards apply to all configurations. Contact factory for details.

UL2200, UL6200, UL1236, UL489,
UL142
CSA C22.2, ULC S601
BS5514 and DIN 6271
SAE J1349
NFPA 37, 70, 99, 110
NEC700, 701, 702, 708
ISO 3046, 7637, 8528, 9001
NEMA ICS10, MG1, 250, ICS6, AB1
ANSI C62.41
IBC 2009, CBC 2010, IBC 2012,
ASCE 7-05, ASCE 7-10, ICC-ES AC156 (2012)
TM
®
®
Image used for illustration purposes only
Standby Power Rating
150 kW, 188 kVA, 60 Hz
Prime Power Rating*
135 kW, 169 kVA, 60 Hz

*EPA Certified Prime ratings are not available in the US or its Territories *Assembled in the USA using
domestic and foreign parts
268
Item 7 J.

SD150 | 6.7L | 150 kW

INDUSTRIAL DIESEL GENERATOR SET
EPA Certified Stationary Emergency

SPEC SHEET
2 of 7

CONTROL SYSTEM
Digital H Control Panel- Dual 4x20 Display
Program Functions
• Programmable Crank Limiter
• 7-Day Programmable Exerciser
• Special Applications Programmable Logic Controller
• RS-232/485 Communications
• All Phase Sensing Digital Voltage Regulator
• 2-Wire Start Capability
• Date/Time Fault History (Event Log)
• Isochronous Governor Control
• Waterproof/Sealed Connectors
• Audible Alarms and Shutdowns
• Not in Auto (Flashing Light)
• Auto/Off/Manual Switch
• E-Stop (Red Mushroom-Type)
• NFPA110 Level I and II (Programmable)
• Customizable Alarms, Warnings, and Events
• Modbus® Protocol
• Predictive Maintenance Algorithm
• Sealed Boards
• Password Parameter Adjustment Protection
• Single Point Ground
• 16 Channel Remote Trending
• 0.2 msec High Speed Remote Trending
• Alarm Information Automatically Annunciated
on the Display
Full System Status Display
• Power Output (kW)
• Power Factor
• kW Hours, Total, and Last Run
• Real/Reactive/Apparent Power
• All Phase AC Voltage
• All Phase Currents
• Oil Pressure
• Coolant Temperature
• Coolant Level
• Engine Speed
• Battery Voltage
• Frequency
Alarms and Warnings
• Oil Pressure
• Coolant Temperature
• Coolant Level
• Engine Overspeed
• Battery Voltage
• Alarms and Warnings Time and Date Stamped
• Snap Shots of Key Operation Parameters During
Alarms and Warnings
• Alarms and Warnings Spelled Out (No Alarm Codes)

STANDARD FEATURES

ENGINE SYSTEM
• Oil Drain Extension
• Heavy Duty Air Cleaner
• Fan Guard (Open Set Only)
• Stainless Steel Flexible Exhaust Connection
• Factory Filled Oil and Coolant
• Radiator Duct Adapter (Open Set Only)
• Engine Coolant Heater
• Critical Silencer
Fuel System
• Fuel Lockoff Solenoid
• Primary Fuel Filter
Cooling System
• Closed Coolant Recovery System
• UV/Ozone Resistant Hoses
• Factory-Installed Radiator
• Radiator Drain Extension
• 50/50 Ethylene Glycol Antifreeze
Electrical System
• Battery Charging Alternator
• Battery Cables
• Battery Tray
• Rubber-Booted Engine Electrical Connections
• Solenoid Activated Starter Motor

ALTERNATOR SYSTEM
• UL2200 GENprotect™ • 12 Leads (3-Phase, Non 600V)
• Class H Insulation Material
• Vented Rotor
• 2/3 Pitch
• Skewed Stator
• Auxiliary Voltage Regulator Power Winding
• Permanent Magnet Excitation
• Sealed Bearing
• Automated Manufacturing (Winding, Insertion,
Lacing, Varnishing)
• Rotor Dynamically Spin Balanced
• Amortisseur Winding
• Full Load Capacity Alternator
• Protective Thermal Switch

GENERATOR SET
• Internal Genset Vibration Isolation
• Separation of Circuits - High/Low Voltage
• Separation of Circuits - Multiple Breakers
• Wrapped Exhaust Piping
• Standard Factory Testing
• 2 Year Limited Warranty (Standby Rated Units)
• 1 Year Limited Warranty (Prime Rated Units)
• Silencer Mounted in the Discharge Hood
(Enclosed Units Only)
ENCLOSURE (If Selected)
• Rust-Proof Fasteners with Nylon Washers
to Protect Finish
• High Performance Sound-Absorbing Material
(Sound Attenuation Enclosures)
• Gasketed Doors
• Upward Facing Discharge Hoods (Radiator
and Exhaust)
• Stainless Steel Lift Off Door Hinges
• Stainless Steel Lockable Handles
• RhinoCoat™ - Textured Polyester Powder Coat Paint
FUEL TANKS (If Selected)
• UL 142/ULC S601
• Double Wall
• Vents
• Sloped Top
• Sloped Bottom
• Factory Pressure Tested - 2 psi
• Rupture Basin Alarm
• Fuel Level
• Check Valve In Supply and Return Lines
• RhinoCoat™ - Textured Polyester Powder Coat Paint
• Stainless Steel Hardware
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SPEC SHEET
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CONFIGURABLE OPTIONS

ENGINE SYSTEM
○ Oil Heater
○ Level 1 Fan and Belt Guards (Enclosed Units Only)
○ Air Filter Restriction Indicator
○ Radiator Stone Guard (Open Set Only)
○ Critical Silencer (Open Set Only)

ELECTRICAL SYSTEM
○ 10A UL Listed Battery Charger
○ Battery Warmer

ALTERNATOR SYSTEM
○ Alternator Upsizing
○ Anti-Condensation Heater
○ Tropical Coating

CIRCUIT BREAKER OPTIONS
○ Main Line Circuit Breaker
○ 2nd Main Line Circuit Breaker
○ Shunt Trip and Auxiliary Contact
○ Electronic Trip Breakers

GENERATOR SET
○ IBC Seismic Certification
○ 8 Position Load Center
○ Pad Vibration Isolators

ENCLOSURE
○ Weather Protected Enclosure
○ Level 1 Sound Attenuated
○ Level 2 Sound Attenuated
○ Level 2 Sound Attenuated with Motorized Dampers
○ Steel Enclosure
○ Aluminum Enclosure
○ Up to 200 MPH Wind Load Rating (Contact Factory
for Availability)
○ AC/DC Enclosure Lighting Kit
○ Enclosure Heater (with Motorized Dampers Only)
○ Door Open Alarm Switch
FUEL TANKS (Size On Last Page)
○ 8 in (203.2 mm) Fill Extension
○ 13 in (330.2 mm) Fill Extension
○ Overfill Protection Valve
○ Return Hose
○ Tank Risers
○ 90% Fuel Level Switch
○ 12' Above Grade Vent Extension
○ Stainless Steel Fire Rated Fuel Hose

CONTROL SYSTEM
○ NFPA 110 Compliant 21-Light Remote Annunciator
○ Remote Relay Assembly (8 or 16)
○ Remote E-Stop (Break Glass-Type, Surface Mount)
○ Remote E-Stop (Red Mushroom-Type,
Surface Mount)
○ Remote E-Stop (Red Mushroom-Type, Flush Mount)
○ 100 dB Alarm Horn
○ Ground Fault Annunciator
○ 120V GFCI and 240V Outlets
○ Damper Alarm Contacts (with Motorized
Dampers Only)
○ Remote Communication - Modem
○ 10A Engine Run Relay
○ Oil Temperature Indication and Alarm

WARRANTY
○ 2 Year Extended Limited Warranty
○ 5 Year Limited Warranty
○ 5 Year Extended Limited Warranty
○ 7 Year Extended Limited Warranty
○ 10 Year Extended Limited Warranty

ENGINEERED OPTIONS

ENGINE SYSTEM
○ Coolant Heater Ball Valves
○ Fluid Containment Pan

CONTROL SYSTEM
○ Spare Inputs/Outputs
○ Battery Disconnect Switch

ALTERNATOR SYSTEM
○ 3rd Breaker System

GENERATOR SET
○ Special Testing

FUEL TANKS
○ UL2085 Tank
○ Stainless Steel Tank
○ Special Fuel Tanks (MIDEQ and FL DEP/DERM, etc.)
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INDUSTRIAL DIESEL GENERATOR SET
EPA Certified Stationary Emergency

SPEC SHEET
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General
Make Iveco/FPT
EPA Emissions Compliance Stationary Emergency
EPA Emissions Reference See Emission Data Sheet
Cylinder # 6
Type In-Line
Displacement - in3
(L) 408.86 (6.7)
Bore - in (mm) 4.09 (104)
Stroke - in (mm) 5.2 (128)
Compression Ratio 16.5:1
Intake Air Method Turbocharged/Aftercooled
Cylinder Head Type 4-Valve
Piston Type Aluminum Alloy
Crankshaft Type Forged Steel
Engine Governing
Governor Electronic Isochronous
Frequency Regulation (Steady State) ±0.25%
Lubrication System
Oil Pump Type Gear
Oil Filter Type Full-Flow Cartridge
Crankcase Capacity - qt (L) 20.7 (19.6)
Cooling System
Cooling System Type Closed
Water Pump Type Belt Driven Centrifugal
Fan Type Pusher
Fan Speed - RPM 2,538
Fan Diameter - in (mm) 26 (660)
Fuel System
Fuel Type Ultra Low Sulfur Diesel Fuel #2
Fuel Specifications ASTM
Fuel Filtering (Microns) 5
Fuel Pump Type Engine Driven Gear
Injector Type Electronic
Fuel Supply Line - in (mm) 0.5 (12.7) NPT
Fuel Return Line - in (mm) 0.5 (12.7) NPT
Engine Electrical System
System Voltage 12 VDC
Battery Charger Alternator Standard
Battery Size See Battery Index 0161970SBY
Battery Voltage 12 VDC
Ground Polarity Negative

APPLICATION AND ENGINEERING DATA

ENGINE SPECIFICATIONS

ALTERNATOR SPECIFICATIONS
Standard Model K0150124Y21
Poles 4
Field Type Revolving
Insulation Class - Rotor H
Insulation Class - Stator H
Total Harmonic Distortion <5%
Telephone Interference Factor (TIF) < 50
Standard Excitation Permanent Magnet
Bearings Single Sealed Cartridge
Coupling Direct via Flexible Disc
Prototype Short Circuit Test Yes
Voltage Regulator Type Digital
Number of Sensed Phases All
Regulation Accuracy (Steady State) ±0.25%
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** Refer to “Emissions Data Sheet” for maximum bHP for EPA and SCAQMD permitting purposes.

Deration – Operational characteristics consider maximum ambient conditions. Derate factors may apply under atypical site conditions.

Please contact a Generac Power Systems Industrial Dealer for additional details. All performance ratings in accordance with ISO3046, BS5514, ISO8528, and DIN6271 standards.

Standby - See Bulletin 0187500SSB
Prime - See Bulletin 0187510SSB

POWER RATINGS - DIESEL
Standby
Single-Phase 120/240 VAC @1.0pf 150 kW Amps: 625
Three-Phase 120/208 VAC @0.8pf 150 kW Amps: 520
Three-Phase 120/240 VAC @0.8pf 150 kW Amps: 451
Three-Phase 277/480 VAC @0.8pf 150 kW Amps: 226
Three-Phase 346/600 VAC @0.8pf 150 kW Amps: 180
MOTOR STARTING CAPABILITIES (skVA)
skVA vs. Voltage Dip
277/480 VAC 30% 208/240 VAC 30%
K0150124Y21 326 K0150124Y21 244
K0200124Y21 478 K0200124Y21 361
K0250124Y21 630 K0250124Y21 506
FUEL CONSUMPTION RATES*
Diesel - gph (Lph)
Fuel Pump Lift- ft (m) Percent Load Standby
3 (1) 25% 3.3 (12.5)
50% 6.2 (23.5)
Total Fuel Pump Flow (Combustion + Return) - gph (Lph) 75% 8.8 (33.5) 29 (110.2) 100% 11.2 (42.2)
* Fuel supply installation must accommodate
fuel consumption rates at 100% load.

COOLING
Standby
Coolant Flow gpm (Lpm) 44.6 (168.8)
Coolant System Capacity gal (L) 7.5 (28.4)
Heat Rejection to Coolant BTU/hr (kW) 412,900 (121)
Inlet Air scfm (m3/hr) 7,946 (13,502)
Maximum Operating Radiator Air Temperature °F (°C) 122 (50) Maximum Operating Ambient Temperature (Before Derate) See Bulletin No. 0199270SSD Maximum Additional Radiator Backpressure in H2O (kPa) 0.5 (0.12)

COMBUSTION AIR REQUIREMENTS
Standby
Flow at Rated Power - scfm (m3
/min) 440 (12.5)

ENGINE EXHAUST
Standby Standby
Rated Engine Speed RPM 1,800 Exhaust Flow (Rated Output) scfm (m3/min) 1,050 (29.7) Horsepower at Rated kW** hp 240 Maximum Allowable Backpressure inHg (kPa) 1.5 (5.1) Piston Speed ft/min (m/min) 1,559 (475) Exhaust Temperature (Rated Output) °F (°C) 895 (479) BMEP psi (kPa) 257 (1,772)

OPERATING DATA
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DIMENSIONS AND WEIGHTS*

OPEN SET
Run Time
- Hours L x W x H - in (mm) Weight - lbs (kg)
No Tank 117.9 (2,996) x 49.7 (1,262) x 57.2 (1,453) 3,333 - 3,920 (1,512 - 1,778) 11 117.9 (2,996) x 49.7 (1,262) x 70.2 (1,783) 4,117 - 4,704 (1,868 - 2,134) 28 117.9 (2,996) x 49.7 (1,262) x 82.2 (2,088) 4,405 - 4,992 (1,998 - 2,264) 45 117.9 (2,996) x 49.7 (1,262) x 94.2 (2,393) 4,698 - 5,285 (2,131 - 2,397) 39 156.7 (3,980) x 49.7 (1,262) x 81.2 (2,063) 4,776 - 5,363 (2,167 - 2,433) 61 136.0 (3,455) x 53.0 (1,346) x 97.7 (2,482) 4,928 - 5,515 (2,236 - 2,502) 62 156.7 (3,980) x 49.5 (1,256) x 93.2 (2,367) 5,199 - 5,786 (2,358 - 2,624) 84 204.4 (5,192) x 53.0 (1,346) x 98.2 (2,494) 6,358 - 6,945 (2,884 - 3,150) 118 277.8 (7,056) x 53.0 (1,346) x 96.6 (2,454) 7,373 -7,960 (2,884 - 3,150)

WEATHER PROTECTED ENCLOSURE
Run Time
- Hours L x W x H - in (mm) Weight - lbs (kg)
No Tank 143.0 (3,633) x 50.4 (1,280) x 68.2 (1,732) Steel: 4,091 - 4,818 (1,856 - 2,185) Aluminum: 3,710 - 4,359 (1,683 - 1,977)
11 143.0 (3,633) x 50.4 (1,280) x 81.2 (2,062) Steel: 4,875 - 5,602 (2,211 - 2,541) Aluminum: 4,494 - 5,143 (2,038 - 2,333)
28 143.0 (3,633) x 50.4 (1,280) x 93.2 (2,367) Steel: 5,163 - 5,890 (2,342 - 2,672) Aluminum: 4,782 - 5,431 (2,369 - 2,464)
45 143.0 (3,633) x 50.4 (1,280) x 105.2 (2,672) Steel: 5,456 - 6,183 (2,475 - 2,805) Aluminum: 5,075 - 5,724 (2,302 - 2,594)
39 156.7 (3,980) x 50.4 (1,280) x 92.2 (2,342) Steel: 5,534 - 6,261 (2,510 - 2,840) Aluminum: 5,153 - 5,802 (2,337 - 2,632)
61 143.0 (3,633) x 53.0 (1,346) x 108.7 (2,761) Steel: 5,686 - 6,413 (2,579 - 2,909) Aluminum: 5,305 - 5,954 (2,406 - 2,701)
62 156.7 (3,980) x 50.4 (1,280) x 104.2 (2,647) Steel: 5,957 - 6,684 (2,702 - 3,032) Aluminum: 5,576 - 6,225 (2,529 - 2,824)
84 204.4 (5,192) x 53.0 (1,346) x 109.2 (2,774) Steel: 7,116 - 7,843 (3,228 - 3,558) Aluminum: 6,735 - 7,384 (3,055 - 3,349)
118 277.8 (7,056) x 53.0 (1,346) x 107.6 (2,774) Steel: 8,131 -8,858 (3,228 - 3,558) Aluminum: 6,735 -8,399 (3,055 - 3,349)
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LEVEL 1 SOUND ATTENUATED ENCLOSURE
Run Time
- Hours L x W x H - in (mm) Weight - lbs (kg)
No Tank 168.5 (4,279) x 50.4 (1,280) x 68.2 (1,732) Steel: 4,327 - 5,104 (1,963 - 2,315) Aluminum: 3,812 - 4,482 (1,729 - 2,033)
6 168.5 (4,279) x 50.4 (1,280) x 81.2 (2,062) Steel: 5,111 - 5,888 (2,319 - 2,671) Aluminum: 4,596 - 5,266 (2,085 - 2,389)
16 168.5 (4,279) x 50.4 (1,280) x 93.2 (2,367) Steel: 5,399 - 6,176 (2,449 - 2,801) Aluminum: 4,884 - 5,554 (2,215 - 2,519)
26 168.5 (4,279) x 50.4 (1,280) x 105.2 (2,672) Steel: 5,692 - 6,469 (2,582 - 2,934) Aluminum: 5,177 - 5,847 (2,348 - 2,652)
22 168.5 (4,279) x 50.4 (1,280) x 92.2 (2,342) Steel: 5,770 - 6,547 (2,618 - 2,970) Aluminum: 5,255 - 5,925 (2,384 - 2,688)
35 168.5 (4,279) x 53.0 (1,346) x 108.7 (2,761) Steel: 5,922 - 6,699 (2,686 - 3,038) Aluminum: 5,407 - 6,077 (2,452 - 2,756)
35 168.5 (4,279) x 50.4 (1,280) x 104.2 (2,646) Steel: 6,193 - 6,970 (2,809 - 3,161) Aluminum: 5,678 - 6,348 (2,575 - 2,879)
48 204.4 (5,192) x 53.0 (1,346) x 109.2 (2,773) Steel: 7,352 - 8,129 (3,335 - 3,687) Aluminum: 6,837 - 7,507 (3,101 - 3,405)
118 277.8 (7,056) x 53.0 (1,346) x 107.6 (2,773) Steel: 8,367 -9,144 (3,795 - 4,147) Aluminum: 7,852 -8,522 (3,561 - 3,865)
LEVEL 2 SOUND ATTENUATED ENCLOSURE
Run Time
- Hours L x W x H - in (mm) Weight - lbs (kg)
No Tank 143.0 (3,633) x 50.4 (1,280) x 91.7 (2,330) Steel: 4,446 - 5,296 (2,017 - 2,402) Aluminum: 4,061 - 4,565 (1,842 - 2,070)
6 143.0 (3,633) x 50.4 (1,280) x 104.7 (2,660) Steel: 5,230 - 6,080 (2,373 - 2,758) Aluminum: 4,845 - 5,349 (2,198 - 2,426)
16 143.0 (3,633) x 50.4 (1,280) x 116.7 (2,965) Steel: 5,518 - 6,368 (2,503 - 2,888) Aluminum: 5,133 - 5,637 (2,328 - 2,556)
26 143.0 (3,633) x 50.4 (1,280) x 128.7 (3,270) Steel: 5,811 - 6,661 (2,636 - 3,021) Aluminum: 5,426 - 5,930 (2,461 - 2,689)
22 156.7 (3,980) x 50.4 (1,280) x 115.7 (2,940) Steel: 5,889 - 6,739 (2,672 - 3,057) Aluminum: 5,504 - 6,008 (2,497 - 2,725)
35 143.0 (3,633) x 53.0 (1,346) x 132.2 (3,359) Steel: 6,041 - 6,891 (2,740 - 3,125) Aluminum: 5,656 - 6,160 (2,565 - 2,793)
35 156.7 (3,980) x 50.4 (1,280) x 127.7 (3,244) Steel: 6,312 - 7,162 (2,863 - 3,248) Aluminum: 5,927 - 6,431 (2,688 - 2,916)
48 204.4 (5,192) x 53.0 (1,346) x 132.7 (3,371) Steel: 7,471 - 8,321 (3,389 - 3,774) Aluminum: 7,086 - 7,590 (3,214 - 3,442)
118 277.8 (7,056) x 53.0 (1,346) x 131.1 (3,331) Steel: 8,486 -9,336 (3,018 - 3,403) Aluminum: 8,101 -8,605 (2,843 - 3,071)
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Part No. 0K5095
Rev. C 03/05/2020
Generac Power Systems, Inc. | P.O.Box 8 | Waukesha, WI 53189 P: (262) 544-4811 ©2020 Generac Power Systems, Inc. All rights reserved. All specifications are subject to change without notice. * All measurements are approximate and for estimation purposes only. Specification characteristics may change without notice. Please contact a Generac Power Systems Industrial Dealer for detailed installation drawings.
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Item 7 J.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: City Manager Department
Subject: Consider Update to the Police Officer Association 2021-2024 Memorandum of Understanding
Recommended Action: Authorize the City Manager to sign an updated 2021-2024 Police Officer Association (POA) Memorandum of Understanding (MOU) including negotiated changes.

Background: City Council approved the current Police Officers Association MOU on August 26, 2021.

The term of the current MOU is 2021 through 2024.

In Section 5.03: Signing Bonus, the MOU allows “sworn employees hired as a Lateral Officer…a onetime signing bonus of up to $2,000”. This language was added to the MOU in 2012.

In Section 14.06: Career Officer Program – Police Offers Only, the MOU designates three officer levels:

Senior Officer I, Senior Officer II, and Master Officer. These designations are in accordance with standards from 1988. The “Master Officer” designation is no longer used by Capitola Police Department, and current administrative policies refers to the designation at this level as “Corporal,” which is consistent with current best-practices in other law enforcement departments.

Discussion: Staff recommends replacing “Master Officer” with “Corporal,” as requested by the POA. Staff also recommends updating the MOU language to allow for an increased signing bonus for lateral hires.

The entire MOU, with all proposed updated language in redline, is included as Attachment 1.

It is common for local law enforcement agencies to offer signing bonuses for both lateral and entry level hires (recruits). Currently, our neighboring agencies offer the following signing bonuses:
 Santa Cruz Sheriff’s Office: $25,000/lateral
 Scotts Valley Police Department: $20,000/recruit; $40,000/lateral  Santa Cruz Police Department: $10,000/recruit; $40,000/lateral  Watsonville Police Department: $10,000/lateral
Capitola has primarily hired entry level officer in recent years, with the most recent lateral officer hired in 2019.

Recruitment of an entry level officer represents a substantial investment of both time and money for the City, totaling more than $46,923. The City also has no guarantee that a newly recruited officer will pass the academy or stay employed by the City of Capitola after graduating. The financial cost can be broken down as follows:
 Six-month academy training and City salary: $6,803/month = $40,823  Academy tuition: $4,600
 Uniform and supplies: $1,500
Based on the costs for new recruits to attend the Academy, and the bonuses offered by neighboring agencies, staff proposes allowing for up to $25,000 as a signing bonus. This would be allocated in phased payments to any new lateral hires. The specific language change is included here for quick reference.

Staff has negotiated these changes with the POA and the POA has agreed with the modifications. 275
Item 7 K.

Fiscal Impact: Up to $25,000 in phased payments, per lateral hire. However, that cost is offset by savings of more than $46,000 in costs for a new recruit to attend the police academy.

Attachments:

1. POA MOU – redlined with proposed changes
Report Prepared By: Chloé Woodmansee, Assistant to the City Manager Reviewed By: Andrew Dally, Chief of Police; Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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1 Contents
ARTICLE 1.00 TERM................................................................................................................ 2 ARTICLE 2.00 DEFINITIONS .................................................................................................. 2 ARTICLE 3.00 MANAGEMENT RIGHTS CLAUSE .............................................................. 2 ARTICLE 4.00 ASSOCIATION RECOGNITION, RIGHTS AND SECURITY...................... 3 ARTICLE 5.00 HIRING PROVISIONS..................................................................................... 4 ARTICLE 6.00 JOB CLASSIFICATION................................................................................... 5 ARTICLE 7.00 HOURS OF WORK, SHIFT, SCHEDULES, AND REST PERIODS............. 5 ARTICLE 8.00 OVERTIME....................................................................................................... 6 ARTICLE 9.00 HEALTH AND SAFETY ................................................................................. 7 ARTICLE 10.00 UNIFORMS ..................................................................................................... 7 ARTICLE 11.00 HOLIDAYS...................................................................................................... 8 ARTICLE 12.00 FLEXIBLE SPENDING ARRANGEMENT CONTRIBUTIONS ................. 8 ARTICLE 13.00 INSURANCE................................................................................................... 9 ARTICLE 14.00 EDUCATIONAL INCENTIVE PROGRAM .................................................. 9 ARTICLE 15.00 CALLBACK PAY - POLICE OFFICERS, POLICE SERGEANTS AND RECORDS MANAGER............................................................................................................... 10 ARTICLE 16.00 NIGHT DIFFERENTIAL - POLICE OFFICERS, POLICE ......................... 11 SERGEANTS & RECORDS MANAGER................................................................................... 11 ARTICLE 18.00 TRAINING OFFICER COMPENSATION................................................... 11 ARTICLE 19.00 SPECIALTY PAY ......................................................................................... 11 ARTICLE 20.00 ADDITIONAL COMPENSATION............................................................... 12 ARTICLE 21.00 LEAVES OF ABSENCE ............................................................................... 12 ARTICLE 22.00 VACATION ................................................................................................... 13 ARTICLE 23.00 SICK LEAVE................................................................................................. 15 ARTICLE 24.00 WAGES & EMPLOYMENT STATUS (SEE ATTACHMENT A).............. 16 ARTICLE 25.00 GRIEVANCES.............................................................................................. 19 ARTICLE 26.00 DEPARTMENTAL VEHICLES AND EQUIPMENT.................................. 21 ARTICLE 27.00 RETIREMENT - PUBLIC EMPLOYEES RETIREMENT SYSTEM ......... 22 ARTICLE 28.00 PHYSICAL EXAMINATIONS..................................................................... 22 ARTICLE 29.00 FAMILY & MEDICAL LEAVE ACT OF 1993 ........................................... 23 ARTICLE 30.00 MISCELLANEOUS....................................................................................... 23 ARTICLE 31.00 DRUG POLICY ............................................................................................. 23 ARTICLE 32.00 FAIR LABOR STANDARDS ACT (FLSA)................................................. 23 ARTICLE 34.00 PERSONNEL RULES ................................................................................... 24 ARTICLE 35.00 LAYOFF PROCEDURES ............................................................................. 24 ARTICLE 36.00 MILEAGE REIMBURSEMENT................................................................... 24 ARTICLE 37.00 SAVINGS CLAUSE...................................................................................... 24 ARTICLE 38.00 ENACTMENT ............................................................................................... 24 277
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2 MEMORANDUM OF UNDERSTANDING

BETWEEN
CAPITOLA POLICE OFFICERS’ ASSOCIATION

AND CITY OF CAPITOLA
This MEMORANDUM OF UNDERSTANDING (“MOU” or “Agreement”) is made and entered into by and between CAPITOLA POLICE OFFICERS’ ASSOCIATION and the CITY OF CAPITOLA for and on behalf of its members hereinafter identified. This MOU embodies all items agreed upon by and between the City of Capitola and the Capitola Police Officers’ Association.

ARTICLE 1.00 TERM
The term of this Memorandum of Understanding shall cover the period from ratification through June 30, 2024 and shall be effective upon ratification by the bargaining unit and approval by the Capitola City Council.

ARTICLE 2.00 DEFINITIONS

2.01 EMPLOYER
The term “Employer” as used herein refers to the City of Capitola. The words “Management”, “Department Head”, “Police Chief”, may also be used to refer to “Employer” in appropriate contexts.

2.02 ASSOCIATION
The term “Association” as used herein shall refer to the Capitola Police Officers’ Association.

2.03 EMPLOYEE/REPRESENTATION UNIT
The term “Employee” or “Covered Employee”, as used herein, means all persons employed by the Employer in the Police Department who are classified as Community Services Officer, Police Officer, Police Officer Trainee, Records Manager and Sergeant. Those positions constitute the unit represented by Capitola Police Officers’ Association.

2.04 PATROL VEHICLE
The term “patrol vehicle” as used herein shall refer to any motor vehicle as defined under the provisions of Sections 415 and 165 of the California Vehicle Code.

2.05 PEACE OFFICER/SWORN PERSONNEL
The terms “peace officers” or “sworn personnel” means “police officers” as defined in Penal Code Sections 830 and 830.1.

ARTICLE 3.00 MANAGEMENT RIGHTS CLAUSE
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3 Except as otherwise specifically set forth in this MOU, the CITY retains all management prerogatives. These include but are not limited to: determining the mission of its constituent departments; setting standards of service; determining the procedures and standards of selection for employment and promotion; directing its employees; taking disciplinary action; relieving its employees from duty because of lack of work or for other legitimate reasons; maintaining the efficiency of governmental operations; determining the methods, means, and personnel by which government operations are to be conducted; taking all necessary actions to carry out its mission in emergencies; and exercising control and discretion over its organization and the technology of performing its work.

Nothing in this article shall be construed to limit, amend, decrease, revoke, or otherwise modify the rights vested in the CITY by state law, city ordinances, or resolutions or other laws regulating, authorizing, or empowering the CITY to act or refrain from acting.

ARTICLE 4.00 ASSOCIATION RECOGNITION, RIGHTS AND SECURITY

4.01 ASSOCIATION RECOGNITION
Except as limited by Government Code Section 3502, the Employer hereby recognizes the Capitola Police Officers Association (P.O.A), as the exclusive collective bargaining agent of all covered Employees in this unit.

4.02 NOTICE OF RECOGNIZED ASSOCIATION
The Employer/Association shall post within the employee work or rest area a written notice which sets forth the classifications included and referred to in Section 2.03 hereof and the name and address of Association as the recognized employee organization for such units. The P.O.A. shall also give a written notice to persons newly employed in representation unit classifications, which notice shall contain the name and address of the employee organization recognized for such unit.

4.03 PAYROLL DEDUCTIONS AND PAYOVER
The Association will maintain records of employee authorizations for dues deductions and shall provide the City with information regarding the amount of dues deductions and the list of Association members who have authorized dues deductions. To the extent required by the Government Code, the City shall rely on the information provided by the Association and deduct those authorized.

The employee’s earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non-pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues. 279
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4 The Association agrees to enforce this provision and to indemnify and hold harmless the City, its officers, and employees, from all liabilities and/or damages of any nature arising from the application of this section.

4.04 HOLD HARMLESS
Association shall indemnify and hold Employer harmless from any and all claims, demands, suits, or any other action arising from an employee claim relating to legality, or implementation, of Section 4.03.

4.05 BULLETIN BOARDS
Reasonable space shall be allowed on bulletin boards as specified by the Police Chief for use by the Association to communicate on relevant subjects with departmental employees.

Material shall be posted upon the bulletin board space as designated, and not upon the walls, doors, filing cabinets or any other place. Posted material shall not be obscene, defamatory, or of a partisan political nature, nor shall it pertain to public issues which do not involve the Employer or its relations with City employees. All posted material shall bear the identity of the sponsor, shall be neatly displayed, and shall be removed when no longer timely.

4.06 USE OF EMPLOYER FACILITIES
Employer facilities such as the City Hall Community Room may be made available upon timely application for use by employees and the Association. Such use shall not occur during regular duty hours, other than the lunch period. Application for such use shall be made to the management person under whose control the facility is placed.

4.07 BARGAINING
Employee members of the Association’s bargaining committee shall be allowed time to absent themselves from duties for a reasonable period without loss of pay, for the purpose of participating in contract negotiations. Employee members of Association’s bargaining committee shall be extended the same privilege to participate in any meetings mutually called by the parties during the term of this Agreement for review of grievances and contract compliance questions.

ARTICLE 5.00 HIRING PROVISIONS

5.01 NON-DISCRIMINATION
No Employee covered by this Agreement shall be discriminated against by the Employer, or by the Association by reason of race, color, religion, sex, age, national origin, or sexual orientation or any other factors consistent with State and Federal Law.

5.02 EMPLOYMENT
The Employer shall not discharge or otherwise discriminate against any Employee by reason of any Association activity not interfering with the proper performance of his/her 280
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5 work.

5.03 SIGNING BONUS
Sworn employees hired as a Lateral Officer after August 5, 2012 may receive a one-time signing bonus of up to $25,000. upon the successful completion of probation and obtaining regular full-time employment status. A Lateral Officer is defined as an applicant who is currently working for a recognized law enforcement agency, has successfully completed the probation period for that agency, and possesses a State of California Basic POST Certificate. The City Manager shall make the determination as to the amount. The amount of the signing bonus shall be specified in the public recruitment notice and in the hire-letter.

All employees who were members of the CPOA at the time of ratification will receive a one-time signing bonus of $1,250.00.

ARTICLE 6.00 JOB CLASSIFICATION

6.01 NEW JOB CLASSIFICATIONS
If an Employee covered by this Agreement is assigned work of a substantially new or different nature so as to constitute a new job classification, the Employer and the Association will negotiate regarding the wage rate applicable to such new job classification ARTICLE 7.00 HOURS OF WORK, SHIFT, SCHEDULES, AND REST PERIODS

7.01 WORK SCHEDULE AND CHANGE OF SHIFT
Prior to the applicable pay period, the Police Chief or his/her designated representative shall prepare a schedule showing the hours each employee of the department is, at the time of posting, to work. The Police Chief shall make every effort to assure that no employee shall have more than one change of shift in any calendar month. This paragraph does not limit the Police Chiefs authority to revise schedules as need permits.

7.02 SHIFT
For sworn personnel and Community Service Officers, hours of work in the normal workday shall be ten (10) hours for police officers and police sergeants, except for detective bureau personnel, which is (8) hours. While they are assigned to the detective bureau, the sick leave accrual provisions of this MOU that are applicable to 5/8 employees will be applicable to such employees.

7.03 ASSIGNING WORK SHIFTS
In assigning work shifts, the department shall give due regard to assigning shifts which will not disrupt or interrupt any employee’s education or training programs and schedules.

Undesirable work shifts shall not be used as punishment, intimidation, or harassment. Shift assignments shall be carried out in accordance with department policy. 281
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6 7.03.1 SUCCESSIVE SHIFTS
It is understood that the assignment of shifts is a prerogative of management that has been delegated to the Chief of Police. It has been the practice to assign at an officer’s request, on the basis of seniority, the same shift for two successive shift changes. It is understood that this practice will be continued for the duration of this MOU. Although the assignment of successive shifts remains with the Chief of Police, should an officer allege that such assignment has been made in an arbitrary or discriminatory manner, the matter may be reviewed through the City Manager level of the Grievance Procedure.

7.03.2 SPECIAL EVENT ASSIGNMENTS
The parties agree that except as required in Departmental Order No. 2, “Manpower Deployment” dated December 15, 1987, Item III A, Holiday Staffing and III B Overtime Shifts, any special event outside of a member’s work schedule shall receive 30 days’ notice which will include the following: location, time and hours to be worked. If this condition is not met, the officer or sergeant will not be required to work the event (a special event is not an emergency).

7.04 MEAL AND REST PERIODS
A meal period of 30 minutes shall be provided to all other employees during each assigned shift no sooner than 3 hours after commencement of the shift and not later than 3 hours prior to the end of the shift. Such meal period for sworn officers (including those on detective assignment) and community service officers shall be considered time worked.

ARTICLE 8.00 OVERTIME

8.01 REGULAR/OVERTIME HOURS
The normal workweek for all bargaining unit employees shall consist of forty (40) hours.

Except as provided in section 18.02 (regarding canine care), all work in excess of forty hours in a workweek shall be considered overtime and shall be compensated pursuant to the provisions of Sections 8.00-8.06 of this Agreement.

8.02 COMPENSATION/OVERTIME AUTHORIZATION
No employee shall receive compensation for overtime, whether in cash, or in time off, or a combination, unless such overtime work has been approved by the Police Chief or his designated representative.

8.03 COMPENSATION/OVERTIME
All overtime work shall be compensated at the rate of one and one-half times the hourly rate in cash. Overtime compensation shall be paid in the paycheck covering the pay period in which the overtime was worked. Except as otherwise provided in Labor Code Section 204.3, at the option of the employee, compensatory time off may be earned in lieu of cash. 282
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7 Up to 120 hours may be accumulated. Any time over that maximum shall be in cash at time and one-half. Compensatory time off will be scheduled by means of management responding to the requests of the employees. Such requests will not be arbitrarily or unreasonably denied.

8.04 OVERTIME NOT CUMULATIVE
Any hours worked which qualify as overtime under one measurement may not be used under another measurement.

8.05 FRACTIONS OF LESS THAN FIFTEEN MINUTES
No overtime payment shall be allowed for any period of less than fifteen minutes, and fractions of less than fifteen minutes of overtime worked may not be accumulated in order to total fifteen minutes or more, except where such fractions are part of a regularly scheduled shift.

8.06 OTHER
Court appearances and callbacks may also, at times, result in overtime. See Articles17.00 and 15.00 respectively. Overtime may occur as a result of the last paragraph of section

11.00. ARTICLE 9.00 HEALTH AND SAFETY

9.01 APPLICABLE LAWS
Employer shall comply with all applicable state, federal, and local safety regulations and shall furnish all employee safety equipment required by law or deemed necessary by the Police Chief.

ARTICLE 10.00 UNIFORMS

10.01 UNIFORMS
The employer will purchase initial uniforms for newly hired uniformed employees and will repair or replace uniforms including uniform boots, on an as-needed basis.

The City will designate a police captain to whom the officer will submit the uniform request for authorization for repair or replacement. If the officer disagrees with the captain’s decision with regard to the necessity for repair or replacement, he or she may have the dispute reviewed by the Chief of Police through the grievance procedure included in this MOU.

In addition, the employer will cover the cost of reasonable cleaning of departmentally authorized uniforms. Employees will be responsible for delivering uniforms to, and retrieving uniforms from, the employer-designated cleaning establishment.

Police Officers and Sergeants assigned to the Detective unit shall be eligible to choose 283
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8 EITHER the repair, cleaning and replacement policy for their official uniforms as provided in Section 10.01 above OR a uniform allowance of $50.00 per month for the duration of their assignment to the Detective Division. (The latter choice will be shown as taxable income on an Employee’s W-2 form.)
Compensation paid or the monetary value for the purchase, rental and/or maintenance of required uniforms will be reported to CalPERS, to the extent allowable by CalPERS.

10.02 MOTOR DUTY UNIFORM
Employer agrees to provide the following items for Police Officers and Sergeants assigned to motorcycle duty: two pairs of motorcycle pants; one pair motorcycle boots and one pair of gloves. Police Officers shall also be entitled to an allowance for safety glasses not to exceed $20.00.

ARTICLE 11.00 HOLIDAYS
Holidays will be expressed as an annual (calendar year) bank of hours and taken as scheduling permits. Employees working 4/10 schedules shall receive 150 hours per calendar year and employees working 5/8 schedules shall receive 120 hours per calendar year. Upon termination, if an employee has not actually taken as much holiday time as a pro-rated amount, he/she will be entitled to compensation for the unused portion. For instance, if a 4/10 employee whose last day was June 30 had taken only 55 hours of holiday time, (s)he would be entitled to 20 hours of compensation. Personal Holidays are included in the foregoing 150/120 hourly figures, and not in addition to them. Employees working 4/10 schedules will be debited for 10 holiday hours when they take time off as a holiday; those working 5/8 schedules will be debited for 8 hours.

For Sergeants and Records Manager, December 25th will be a paid holiday if not worked (and 10 hours and 8 hours, respectively, of holiday time will be consumed). If worked, employee will be paid time and one half.

ARTICLE 12.00 FLEXIBLE SPENDING ARRANGEMENT CONTRIBUTIONS A The City makes a flexible spending arrangement (“Flex Plan”) contribution on behalf of each qualified employee for medical, dental & vision coverage. For those employees who have selected health coverage through PERS, from the monthly contribution set forth herein, effective January 1, 2021 a $143.00 per month contribution will be paid to PERS for what is sometimes referred to as “employer contribution”. This amount is the minimum amount required by PERS, recognizing that state law may increase this minimum from time to time requiring compliance by City. The City’s maximum contribution below is inclusive of the required PEMCHA minimum.

Effective Dates Employee Only Employee +1 Employee +2
First full pay period
after ratification
$800.00 $1,400.00 $1,800.00
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9 First full pay period in
July 2022
$850.00 $1,450.00 $1,850.00
First Full pay period in
July 2023
$900.00 $1,500.00 $1,900.00
B. Employees who can verify to the City’s satisfaction that: they have equivalent group health coverage for medical (including dental & vision), which will remain in effect until the next enrollment date will be eligible for a cash payment based on the following schedule. A “Current Grandfathered Employee” is defined as an employee hired prior to the ratification of the MOU and receiving cash-in lieu of health coverage. Current Grandfathered Employees who choose health coverage after the ratification of the MOU will no longer be eligible for the Current Grandfathered Employee cash payment amount after making such choice of health coverage.

Effective Dates Current
Grandfathered
Employees (as of
10/2018)
Non- Current
Grandfathered
Employees and New
Employees
First full pay period
after ratification
$500.00 $250.00
C. The City reserves the option of adding additional programs to the cafeteria plan, as they may become available. The City will enable interested employees to participate in union sponsored medical plans.

ARTICLE 13.00 INSURANCE
The City provides full time members of the Association term life insurance in the amount of $50,000, short-term, and long-term disability insurance.

ARTICLE 14.00 EDUCATIONAL INCENTIVE PROGRAM

14.01 EDUCATIONAL INCENTIVE PAY
After successful completion of the probationary period, sworn police personnel and the Records Manager shall be eligible to have base pay increased by an additional two and one-half (2.5%) for completion of thirty (30) college units, five (5%) percent for completion of sixty (60) college units, and seven and a half (7.5%) percent for completion of a bachelor’s degree from an accredited institution. College units may include graduate level work. Courses and degrees must be work related as approved by the Department Head and City Manager.

To receive Educational Incentive, Pay, the Employee shall write a memo to his/her supervisor and include a copy of transcripts as evidence of the number of units required 285
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10 for the appropriate incentive pay. The supervisor will review the memo and send it to the Police Chief, who, in turn, will review it and send it to the City Manager for approval.

14.02 SWORN EDUCATIONAL REIMBURSEMENT
Beginning July 1, 2008, the education incentive is limited to a maximum of $500 per year per employee; beginning July 1, 2009 the limited maximum amount will increase to $1,000 per year per employee, with 100% textbook reimbursement. It is agreed by the City and the Association to negotiate in good faith on this provision upon the termination of the Memorandum of Understanding.

14.03 COMMUNITY SERVICE OFFICE EDUCATIONAL REIMBURSEMENT Community Service Officer Education Reimbursement: Beginning July 1, 2008, the City will reimburse employees for tuition upon the completion of courses with a grade C or better, approved in advance by the City Manager, up to a maximum of $500 per calendar year for classes completed in that same calendar year. Beginning July 1, 2009, the limited maximum amount will increase to $1,000 per year per employee, with 100% textbook reimbursement.

14.05 P.O.S.T. CERTIFICATE PAY - POLICE SERGEANTS
Sergeants shall be eligible to receive 2.5% increase in base pay for completion of the intermediate P.O.S.T. Certificate; an additional 2.5% for completion of the Advanced P.O.S.T. Certificate; and an additional 2.5% for completion of the P.O.S.T. Supervisory Certificate provided the employee has an A.A., A.S. or equivalent Degree. This Certificate Pay may not be collected in addition to education incentive pay. This program became effective 7-1-85.

To receive P.O.S.T. pay, the Sergeant shall write a memo to his/her supervisor including a copy of the appropriate P.O.S.T. Certificate. The Supervisor shall review the memo and send it to the Police Chief, who, in turn, shall review it and send it to the City Manager for review, and, if approved, it will be effective the first of the month after approval.

14.06 CAREER OFFICER PROGRAM - POLICE OFFICERS ONLY
In accordance with standards set by Personnel Directive #4 dated November 15, 1988 the City agrees to compensate police officers qualifying under the career officer program by increasing base pay rates in the following percentages:

Senior Officer I 2.5%
Senior Officer II Additional 2.5% more than Senior Officer I Master Officer Corporal Additional 2.5% more than Senior Officer II An officer is eligible for either the Educational Incentive Program or for the Career Officer Program but may not receive payment under both programs.

ARTICLE 15.00 CALLBACK PAY - POLICE OFFICERS, POLICE SERGEANTS AND 286
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11 RECORDS MANAGER
Any Police Officer or Police Sergeant who has departed from his/her work location and is called back to work shall be guaranteed a minimum of four hours compensation at the overtime rate for each call-back. If the employee is no longer needed and at the employee’s request, he/she can leave the work location and be paid at overtime rates for time actually worked. When called back, the canine officer and Detectives will receive a minimum of two hours pay at the overtime rate regardless of the number of hours actually worked. All hours worked in excess of the minimum call back shall be paid at overtime rates.

ARTICLE 16.00 NIGHT DIFFERENTIAL - POLICE OFFICERS, POLICE

SERGEANTS & RECORDS MANAGER
The Employer shall compensate Police Officers, Police Sergeants and Records Manager who on a regularly scheduled basis work fifty percent (50%) or more per month of their time on swing or graveyard shift, a night differential pay of $.50 per hour for hours worked on swing shift, and $.75 per hour for hours worked on graveyard shift. Temporary assignments or emergency assignments for a short period of time and not on a regularly scheduled basis shall not be eligible for night differential pay.

ARTICLE 17.00 COURT APPEARANCES
Any employee who is required to testify in court in connection with an employee’s usual, official duties, or in connection with a case in which the City is a party, during his normal working hours shall be allowed to do so without any loss of pay. For hours in court outside of normal assigned duty hours, employees shall be compensated for a minimum of four (4) hours pay at time and a half pay. If notice of cancellation is made to employee either through the recorded telephone message from the court or from the officer’s personal voice mailbox by 6:00 p.m. the day prior to scheduled appearance, no payment will be made.

ARTICLE 18.00 TRAINING OFFICER COMPENSATION
Those positions designated by the Police Chief as Field Training Officer or Patrol Training Officer shall receive an additional five percent (5%) of salary, or pro-rated portion thereof, per month for the period actually engaged in training.

ARTICLE 19.00 SPECIALTY PAY

19.01 DETECTIVE PAY
Individuals assigned to the Detective Bureau shall be additionally compensated at the rate of five (5%) percent of base pay for performing detective duties. It is understood that this assignment is a rotational one and movement from the Detective Bureau shall not be considered a disciplinary action unless done for disciplinary reasons. 287
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12 19.02 CANINE PAY
Police Officers assigned as Canine Officers will receive additional compensation at the rate of five (5%) percent of base pay for the care and maintenance of their dog, whether the actual time is slightly more or less than that. The parties mutually agree that this is adequate for care and maintenance.

19.03 LONGEVITY PAY
Upon completion of ten (10) continuous years of service with the City, all employees covered by this MOU will receive additional compensation of five (5) percent of base pay.

Effective the first full pay period after Union ratification and Council adoption of this MOU, upon completion of twenty (20) continuous years of service with the City of Capitola, all employees covered by this MOU will receive additional compensation of and additional five (5%) percent of base pay.

19.04 MOTORCYCLE PATROL PAY
Police Officers assigned by the Department to Motor Cycle Patrol will receive additional compensation at the rate of two and one half (2.5%) percent of base pay while in that assignment in full time status.

ARTICLE 20.00 ADDITIONAL COMPENSATION

20.01 FOR TEMPORARY ASSIGNMENT TO A HIGHER LEVEL VACANCY An employee specifically assigned on a temporary basis to a higher level position shall be compensated at the pay rate for the higher level position if the service in such position exceeds a total of twenty days at any one time in any twelve-month period, which payment shall be retroactive to the first day of such services; provided, however, that the employee meets the minimum qualifications for the higher level position and the full range of duties of the higher level position is assigned. The out-of-title pay level shall be the lowest step of the salary schedule of the temporarily assigned position that will provide a salary increase of at least 5%.

20.02 POSITIONS DESIGNATED BILINGUAL
Upon the recommendation of the Police Chief or his designated representative and the approval of the City Manager, no more than two persons occupying a position designated as requiring fluency in a language other than English shall receive an additional five percent (5%) of salary.

20.03 Deferred Compensation. All PEPRA employees covered by this Agreement shall be eligible to participate in a deferred compensation program, upon request. The City will contribute $25.00 per pay period.

ARTICLE 21.00 LEAVES OF ABSENCE

21.01 LEAVE MAY NOT EXCEED ONE YEAR
288
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13 A leave of absence without pay may be granted by the City Manager upon the request of the employee seeking such leave. Each request will be evaluated on a case-by-case basis.

21.02 NO LEAVE TO ACCEPT OUTSIDE EMPLOYMENT
A leave of absence without pay may not be granted to a person accepting either private or public employment outside the service of the City of Capitola.

21.03 MILITARY LEAVE
The Employer agrees to provide employees all military leave benefits guaranteed under federal, state and case law.

21.04 LEAVE FOR JURY DUTY
Leave of absence with pay shall be granted to a person while serving on jury duty, including time spent going to and from court and serving on jury duty. Any jury fee awarded to such person shall be deposited with the City Treasurer. Any person assigned to an afternoon or evening shift shall be entitled to equal time off leave with pay from his or her next regularly scheduled shift for all time spent while going to and from court and serving jury duty.

ARTICLE 22.00 VACATION

22.01 ACCRUAL
Effective 12/1/00, all employees in this unit shall accrue vacation as set forth in the following chart. The rates shown are for full time employees. On the effective date of this plan, all employees in the unit are full time. If a position hereafter is occupied on less than a full time basis, the rates of accrual will be adjusted as set forth in Section 4 (b) of the attached standard provisions. The rate at which vacation accrues is not affected by whether or not overtime is worked in a pay period. Vacation accrues while on sick leave, except that it does not accrue after the date of separation. Employees working 4/10 schedules and those working 5/8 schedules will both be debited for 40 hours of vacation for each complete week (Sunday through Saturday) of vacation taken. For partial weeks, a 4/10 employee will be debited 10 hours for each day of vacation taken that the employee would have been scheduled to work if vacation had not been taken; 8 hours for 5/8 employees.

Year of Service Number of Hours/Years
1 80
2 80
3 100
4 100
5 120
6 130
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14 7 140
8-9 150
10-14 160
15-17 170
18-19 180
20+ 200
An employee is in the first ‘year of service” from the first through the 365th day of employment and (except leap years) on the 366th day is in the second year of service.

22.02 VACATION – MANDATORY CASH OUT
An employee who has accumulated more than 504 hours as of the last pay period in April of any year shall be paid in cash at a rate equal to 100% of his/her current hourly pay rate for all hours in excess of 504 except that such payment shall not exceed the employees annual vacation accrual amount These cash out payments will be included with the paycheck for the first full pay period in May.

22.03 VACATION CASH OUT ON TERMINATION
Upon termination, an employee shall be paid for all accumulated vacation to the separation date, at a rate equal to 100% of his/her current hourly pay rate.

22.04 VACATION ACCRUAL AND USAGE BEGINNING DATES
Vacation will begin to accrue as of the date of employment. An employee may take vacation upon the completion of one year of service.

22.05 MAXIMUM/MINIMUM ANNUAL VACATION LEAVE
In all instances, the Employee shall have the right to take the earned equivalent of one year’s vacation accumulation at one time. In the event the Employee wishes to take more than one year’s accumulation, approval of the supervisor is required.

22.06 EFFECT ON LEAVE WITHOUT PAY ON VACATION CREDIT
No vacation credit shall be earned during the period when an employee is absent on leave without pay.

22.07.01 WHEN VACATION MAY BE TAKEN - ALL EMPLOYEES BUT

SERGEANTS AND RECORDS SUPERVISOR
On December 1st of each year, the Patrol Captain and POA President will post a vacation schedule calendar. All such employees will pick one “major” block of vacation in order of seniority. All vacation picks will be made with regard to Section 21.07.03 of this Memorandum and current Department policy. The calendar will be submitted to the Patrol Captain no later than January 15th.
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15 Other vacation requests will be submitted in accordance with current practice and seniority will prevail in the event of conflicts between employees. The POA President and the Association will handle all conflicts.

22.07.02 WHEN VACATION MAY BE TAKEN - SERGEANTS AND RECORDS

SUPERVISOR
The Police Chief or his designated representative shall in each case determine when vacation leave may be taken. Sergeants and records supervisors shall be allowed to divide their vacation leave in any calendar year into segments.

22.07.03 VACATION CONFLICTS
Seniority in the City service among employees in a classification and working unit, consistent with department operating requirements, shall be the basis on which vacation schedule conflicts are resolved. In any calendar year, the first such conflict’ shall be resolved in favor of the most senior employee. Subsequent vacation schedule conflicts shall be resolved in favor of the most senior employee who has not, by virtue of his senior position, previously had such a conflict resolved in his favor during the calendar year. In the event of vacation schedule conflicts among such employees, all of whom have, by virtue of their senior positions, had such conflicts resolved in their favor during the calendar year, the senior employee who has had the least number of such conflicts resolved in his favor shall prevail. Vacation leave can be started on any day of the week.

22.08 RATE OF VACATION PAY
Compensation during vacation shall be at the rate of compensation that such person would have been entitled to receive if working at the time vacation occurs.

ARTICLE 23.00 SICK LEAVE

23.01 ACCRUAL
Sick leave accrues at rate of 120 hours per year for sworn officers and Community Service Officers, and all unit employees working a 5/8 shift including Detectives and the Records Manager shall accrue ninety-six (96) hours of sick leave per year. The rate at which ‘sick leave accrues is not affected by whether or not overtime is worked in a pay period. Sick leave accrues on a prorated basis, based upon a 30-day month. Accrued but unused sick leave has no cash value and shall not be cashed out.

23.02 LABOR CODE SECTION 4850
Nothing in this article will be deemed to supersede Labor Code Section 4850.

23.03 SICK LEAVE USAGE
A 4/10 employee will be debited 10 hours for each day of sick leave taken that the employee 291
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16 would have been scheduled to work if sick leave had not been taken; 8 hours for a 5/8 employee.

23.04 MEDICAL REPORT
To the maximum extent allowable under the Family and Medical leave Act and the Family Rights Act, the Police Chief, as a condition, of granting sick leave with pay, may require medical evidence of sickness or injury acceptable to the Police Chief, which may include a statement of diagnosis and treatment from a licensed physician or a medical clearance to return to work. Absent exceptional circumstances, no medical evidence will be requested for absences of three or less consecutive days.

23.05 EMERGENCY LEAVE: SICKNESS IN IMMEDIATE FAMILY
Leave of absence with pay because of sickness or injury or disability in the immediate family of an employee may be granted by the Police Chief during the time reasonably necessary to care for the sick person or arrange for care of the sick person by others, but not to exceed the amount of accrued sick leave of such person. Time taken for leave of absence under the provisions of this subsection shall be deducted from the accrued sick leave of such person. For the purposes of this subsection “immediate family” means mother, step-mother, father, step-father, husband, wife, son, step-son, daughter, stepdaughter, foster parent, foster child, or any person sharing the relationship of in loco parentis; and when living in the household of the employee, a brother, sister, brother-inlaw, sister-in-law, mother-in-law, father-in-law and grandparents. The chief’s discretionary authority under this section does not lessen any employee rights under the FMLA or CFRA.

23.06 BEREAVEMENT LEAVE
Leave of absence with pay because of death in the immediate family of an employee shall be granted for a period not to exceed three days. Entitlement to leave of absence under this section shall be in addition to any other entitlement for sick leave, or any other leave. For purposes of this section, “immediate family” means mother, step-mother, father, step father, husband, wife, son, step-son, daughter, step-daughter, brother, sister, foster parent, foster child, brother-in-law, sister-in-law, mother-in-law, father-in-law and grandparents.

ARTICLE 24.00 WAGES & EMPLOYMENT STATUS (SEE ATTACHMENT A) All wages for employees covered by this Agreement shall be paid in accordance with the provisions of the attached wage schedule and progression through the steps will be in accordance with Article 24.05.

24.01. WAGES SCHEDULES/HOURLY RATES
The wage schedules contained in, or attached to, this Memorandum of Understanding set forth the base pay, subject to such adjustments (such as longevity pay) as are specifically set forth in this MOU. Letters, such as “A” to “F”, designate the respective pay steps for each position. The rates contained in the wage schedule do not include overtime or benefits. 292
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17 Whenever it is necessary to compute an hourly pay rate in order to apply any provision of this MOU, that will be done by multiplying any monthly rate by 12 in order to derive an annual rate, and dividing the annual rate by 2080 (or proportionate number of hours for part time positions, e.g., 1040 for a half-time position).

24.02. SERVICE
The word “service” as used in this Memorandum of Understanding means continuous fulltime service in the position in which the employee is being considered for salary advancement, service in a higher position, or service in a position allocated to the same salary schedule and having generally similar duties and requirements. A lapse of service of any employee for a period of time longer than thirty days by reason of resignation or discharge shall serve to eliminate the accumulated length of service time of such employee, and any such employee re-entering the service of the City shall be considered as a new employee.

24.03. TYPES OF APPOINTMENT
a. Probationary Appointment
A probationary appointment is for a specified period of time, during which job performance is evaluated as a basis for subsequent regular appointment b. Regular Appointments
A regular appointment ordinarily follows successful completion of a probationary period. “Regular” means a position that is, regardless of the number of hours worked per week, intended to be continuous and uninterrupted (except for authorized paid or unpaid leave). Positions intended to be seasonal, of a limited term, on call only, emergency, intermittent, substitute, or on any other irregular basis are not “regular.” The positions set forth in the wage schedule are all regular positions, and unless specifically stated, the pay rate is applicable to a full-time position. All positions covered by this section are half time or more.
c. Acting appointments
An acting appointment occurs when an employee is temporarily assigned to, and performs all the duties of, a position other than the position he/she normally occupies, or when an employee is assigned an acting appointment pending evaluation of the employee’s ability to perform the duties of the position. d. Accruals for part time positions
When a position is less than full time it will be classified by a fraction. For example, “half-time” regular employment is expected to average 20 hours per week, “threequarters” employment is expected to average 30 hours per week. Vacation accrual, sick leave accrual, Flex Plan contributions, holidays, personal holidays are paid or accrued according to these classifications. Thus, compared to a full-time employee, a half-time 293
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18 employee, even if actual time occasionally exceeds or falls below 20 hours in a week, when compared to a full time employee: receives one-half the Flex Plan contribution; accrues one-half the number of hours of vacation or sick leave; and is paid for four hours on a holiday or personal holiday.

24.04. BEGINNING SALARY RATES
A new employee’s base pay shall be computed by using the rate shown as step “A” in the schedule allocated to the class of employment for which the employee has been hired, except that upon recommendation of the department head under whom the employee will serve and with the approval of the City Manager, such new employee may be employed at a higher step, depending upon the employee’s qualifications.

24.05. ADVANCEMENT WITHIN THE SCHEDULE
The following provisions govern salary advancement within the schedule:
a. Probationary advancement
Upon successful completion of probation, an employee (except an employee that was hired at the top step) will advance one step.
b. Regular Merit advancement
An employee may be considered for advancement upon completion of the minimum length of service specified for step increases. Unless specifically otherwise stated, this will be 12 months for full-time appointments and proportionately adjusted for other appointments. For instance, half-time appointments will be evaluated for regular merit adjustments every 24 months. Advancement to higher steps shall be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of the position held. c. Special Merit advancement
When an employee consistently demonstrates exceptional ability and proficiency in the performance of assigned duties, the supervising department head may recommend to the City Manager that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this MOU. The City Manager may approve and effect such advancement.
d. Denial of advancement
When an employee has not been approved for advancement to the next higher wage step, such employee may be reconsidered for such advancement after the completion of three months of additional service.

24.06. PROMOTION TO A NEW POSITION
When an employee is promoted to a position in a higher classification, such employee shall 294
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19 be assigned to step “A” in the appropriate schedule for the higher classification. However, if such employee is already being paid at a rate equal to or higher than step “A”, he/she shall be placed in the step in the appropriate salary schedule which will grant such employee a salary increase of not less than 5%.

24.07. EFFECTIVE DATE OF A PAY INCREASE
A merit pay advancement for an employee shall become effective on the first day of the pay period in which the minimum length of service has been satisfactorily completed. All other pay rate changes, except those given a specific calendar date herein, shall become effective at the beginning of a two week pay period as approved by the City Manager.

24.08 PAY INCREASE SCHEDULE
• Effective the first pay period after union ratification and Council approval of the MOU in accordance with the Brown Act, the salary ranges for all classifications in this Unit shall be increased as follows:
 Sworn employees (Police Officer and Police Sergeant)- 3.0%  CSO- 1.0%
 Records Manager- 2.0%
• Effective the first full pay period of July 2022, the salary ranges for all classifications in this Unit shall be increased as follows:
 Sworn employees (Police Officer and Police Sergeant)- 3.0%  CSO- 1.0%
 Records Manager- 2.25%
• Effective the first full pay period of July 2023, the salary ranges for all classifications in this Unit shall be increased as follows:
 Sworn employees (Police Officer and Police Sergeant)- 3.0%  CSO- 1.0%
 Records Manager- 2.25%
Additionally, upon ratification, all sworn personnel (Police Officer and Police Sergeant) shall receive a one-time market salary study increase of 1.25% effective upon ratification.

ARTICLE 25.00 GRIEVANCES

25.01 DEFINITION
A grievance is defined as an allegation by an employee or group of employees that the Employer has failed to provide a condition of employment, which is established by law, Memorandum of Understanding, by written City or departmental rules, provided that the 295
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20 enjoyment of such right is not made subject to the discretion of the Police Chief or the Employer by the terms of this Memorandum of Understanding and, provided further, that the conditions of employment which is the subject matter within the scope of representation as defined in California Government Code Section 3504.

25.02 DEPARTMENT REVIEW AND ADJUSTMENT OF GRIEVANCES
The following is the procedure to be followed in the resolution of grievances.

25.02.01 An employee ‘having a grievance shall have the right to consult with and be assisted by a representative of his own choice in this and all succeeding steps of this subparagraph 23.02 and may thereafter file a grievance in writing with his immediate supervisor. Within five actual working days after receipt of any written grievance, the immediate supervisor shall return a copy of the written grievance to the employee with his answer thereto, in writing.

If the grievance is not resolved at the first level, the employee shall have five actual working days after receipt of the answer within which to file an appeal with the Captain. The Captain shall have five actual working days in which to review and answer the grievance in writing. If the grievance is not resolved at this second level, the employee shall have five actual working days after receipt of the answer within which to file an appeal with the Police Chief. The Police Chief shall have five actual working days in which to review and answer the grievance in writing. If the grievance is not resolved at this third level, the employee shall have five actual working days from receipt of the answer within which to file an appeal with the City Manager.

25.02.02 The City Manager shall have five actual working days in which to review, and if necessary, hold hearings, and answer the grievance in writing. Unless waived by the mutual agreement of the employee or his representative and the City Manager, a hearing is required at this step, and the employee, and his representative, shall have the right to be present at, and participate in such hearing. The time limit at this step may be extended by mutual agreement between the City Manager and the employee or his representative. The Union may, in its own name, file a grievance alleging that the Employer has failed to provide it some organizational right which is established by law, provided that such right is not made subject to the discretion of the Police Chief or Employer.

Such Union grievances shall be filed with the City Manager and heard and determined pursuant to the provisions of this step of the grievance procedure.

25.02.03 In the event that the grievance is not resolved at the City Manager’s level, the Employee may, within ten (10) working days, request that the grievance be heard by the City Council.

25.03 EFFECT OF FAILURE OF TIMELY ACTION
Failure of the employee to file an appeal within the required time limit at any step shall constitute an abandonment of the grievance. Failure of the Employer to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step.
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21 25.04 LIMITATION ON STALE GRIEVANCES
A grievance shall be void unless presented within twenty-one (21) calendar days from the day upon which the Employer has allegedly failed to provide a condition of employment, or within twenty-one (21) calendar days from the time at which an employee might reasonably have been expected to have learned of such alleged failure to provide. In no event shall any grievance include a claim for money relief for more than the twenty-oneday period plus such reasonable discovery period.

25.05 EXCLUSION OF NON-RECOGNIZED ORGANIZATIONS
For the purpose of this section, the provisions of Article 4.00 of this Agreement shall not be construed to limit the employee’s right of selection of a representative to the extent that the agents of any other employee organization which is not party to this Agreement, are specifically excluded from so acting. In those cases in which an employee elects to represent himself or arranges for other representation, Association shall have the right to participate in the resolution procedure for the purpose of protecting the interest of its members in negotiated conditions of employment.

ARTICLE 26.00 DEPARTMENTAL VEHICLES AND EQUIPMENT

26.01 Patrol Vehicles (Defined). Any motor vehicle as defined under the provisions of Sections 415 and 165 of the California Vehicle Code.

26.02 All necessary repairs and maintenance of vehicles (as defined ‘in Section 25.01) shall be performed as necessary to insure the safety of the operator of the vehicle.

26.03 Under no circumstances will a Supervisor or the Department require an employee to operate an unsafe patrol vehicle or other equipment.

26.04 An employee may refuse to operate a vehicle that is unsafe. The watch commander shall determine the vehicle’s condition upon an employee complaining of safety hazards. The patrol vehicle shall not be used until repaired if a determination is made of safety problems.

26.05 Routine maintenance of a patrol vehicle shall be no less than required by the manufacturer.

Only high-quality parts and tires will be used on the vehicles.

26.06 Capitola Police Officers’ Association may review and make recommendations on any new patrol or emergency vehicle purchased or leased by the City for use by its members prior to putting out bids for purchase purposes.

26.07 Any equipment necessary for the safety of any operator shall be provided for the departmental vehicles.

26.08 All patrol vehicles will be fitted as nearly as practical with identical controls for activating emergency lighting, siren and communication equipment. As new equipment is purchased, every effort will be made to locate the controls in the same general area in the patrol vehicle.
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22 ARTICLE 27.00 RETIREMENT - PUBLIC EMPLOYEES RETIREMENT SYSTEM

27.01 CLASSIC MISCELLANEOUS
The City participates in the California Public Employees Retirement System (CalPERS) operated by the State of California. Benefits provided are detailed in separate publications, depending upon the plan. City agrees to provide 2.5% at 55 Retirement Plan for Classic Miscellaneous employees in the Unit and the single-highest-year option.

Upon ratification, all Classic Miscellaneous employees shall contribute 13.392% of their reportable salary to CalPERS. This contribution shall not be reduced or increased unless negotiated by the parties in future negotiations.

27.02 CLASSIC SWORN
The City participates in the California Public Employees Retirement System (CalPERS) operated by the State of California. Benefits provided are detailed in separate publications, depending upon the plan. City agrees to provide 3% at 50 Retirement Plan for Classic Safety employees in the Unit.

Upon ratification, all Classic Sworn employees shall contribute 14.974% of their reportable salary to CalPERS. This contribution shall not be reduced or increased unless negotiated by the parties in future negotiations.

27.05 PERS CREDIT
The City shall expeditiously implement the PERS Credit for Unused Sick Leave and employee paid Military Service Credit options.

27.06 PEPRA EMPLOYEES
Public Employees’ Pension Reform Act for Safety Employees hired by the City on or after January 1, 2013 and who do not qualify as Classic members as determined by CalPERS, are considered PEPRA Employees. CalPERS has by statute implement a 2.7% @ 55 pension formula, based on a three-year average compensation. Employees in this category shall pay minimum of 50% of the normal cost rate as determined by CalPERS.

Public Employees’ Pension Reform Act (PEPRA) for Miscellaneous Employees hired by the City on or after January 1, 2013 and who do not qualify as Classic members as determined by CalPERS, are considered PEPRA Employees. CalPERS has by statute implemented a 2.0% @ 62 pension formula, based on a three-year average compensation.

Employees in this category shall pay 50% of the normal cost rate as determined by CalPERS.

ARTICLE 28.00 PHYSICAL EXAMINATIONS
City agrees to pay up to $100 over the amount covered by the health insurance for an annual physical exam.
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23 ARTICLE 29.00 FAMILY & MEDICAL LEAVE ACT OF 1993
The City shall follow the provisions provided for family leave as specified in the federal Family & Medical Leave Act of 1993 (FMLA), and the California Family Rights Act (CFRA) as they apply to public employers.

ARTICLE 30.00 MISCELLANEOUS

30.01 POA agrees to waive the Police Department’s past practice of giving a 30-day notice for the current shift change.

30.02 During the term of this Agreement, each sworn employee that, in response to the Chief’s directive, purchased a tape recorder before 2/15/01 will be reimbursed up to forty ($40) of the recorder’s cost. After that date the City will choose between either supplying such recorders or reimbursing the employee up to $40 for such recorders.

ARTICLE 31.00 DRUG POLICY
The City has adopted Administrative Policy Number II-6 “USE OF ALCOHOL/DRUGS DURING HOURS OF EMPLOYMENT; POSSESSION OF ALCOHOL/DRUGS IN/ON PROPERTY; ADVERSE EFFECTS OF USE OF ALCOHOL/DRUGS OUTSIDE HOURS OF EMPLOYMENT ON JOB PERFORMANCE”.

ARTICLE 32.00 FAIR LABOR STANDARDS ACT (FLSA)
All positions included in this Memorandum of Understanding are covered by appropriate sections of the Fair Labor Standards Act of 1935, as amended.

32.01 SECTION 207(K) AGREEMENT
A. The City shall exercise its rights under 29 USC section 207(k) to use a 14-day work period and 86-hour threshold for FLSA overtime purposes. Accordingly, FLSA overtime shall only be paid when an employee actually works more than 86 hours in 14 days.

B. Investigators will not receive overtime simply for working their regular schedule (4x9-hr, 1x8-hr + 4x9hr) each 14 days.

C. Contractual overtime shall be paid for all hours worked beyond any employee’s regularly scheduled hours on a daily or bi-weekly basis. So any additional hours worked in excess of 80 hours biweekly for investigators and 40 hours per week for other employees shall be paid as contractual overtime until the requirement to pay FLSA overtime applies. For example, if an employee works 80 hours of regularly–scheduled work in 14 days and 20 hours of overtime, the first 6 hours of overtime would be contractual overtime with the remaining 14 being FLSA overtime.
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24 D. “Hours worked” for FLSA purposes, shall include regular and holiday hours, as well as sick, vacation, or compensated leave scheduled in advance by at least ten days.

E. For eligible employees, FLSA overtime shall include the cash-in-lieu and other required premiums in the “regular rate of pay”. Contractual overtime will include all premiums used in the regular rate of pay except cash-in-lieu of medical contribution.

ARTICLE 34.00 PERSONNEL RULES
The City retains the right to amend and create personnel rules, provided they are not in conflict with specific provisions of this MOU. Where appropriate, City will meet and confer with applicable employee group or groups consistent with the MMBA requirement (Government Code Section 3500 and following), before amending or creating new personnel rules.

ARTICLE 35.00 LAYOFF PROCEDURES
Layoffs shall be governed by Personnel Rule 12, in addition, all sworn members of this unit, if being reinstated after a layoff, must be certified by a physician as able to fully perform the duties of the sworn position. The member may choose their own physician, or at the member’s request the City will pay for its choice of physician. The sworn member must have a current basic POST certificate prior to reinstatement.

ARTICLE 36.00 MILEAGE REIMBURSEMENT
Employees required to use their personal vehicles while on City business will be reimbursed at the rate set by the Internal Revenue Service.

ARTICLE 37.00 SAVINGS CLAUSE
If any provision of this Agreement shall be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with enforcement of any provision shall be restrained by any tribunal the remainder of this Agreement shall not be affected thereby, and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision.

ARTICLE 38.00 ENACTMENT
This Memorandum will be effective on upon ratification.

CITY OF CAPITOLA CAPITOLA POLICE OFFICERS’ ASSOC.
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25 ________________________________
Pedro Zamora
________________________________
Date
________________________________
Brantly Sandretti
________________________________
Date
________________________________
Scott Newton
________________________________
Date
______________________________
Jamie Goldstein
City Manager
________________________________
Date
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Capitola City Council
Agenda Report
Meeting: November 22, 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. 302
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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: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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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, October 27, and November 10, 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 304
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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 22nd day of November 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Sam Storey, Mayor
ATTEST: __________________
Julia Moss, City Clerk
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Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Community Development
Subject: San Jose Avenue Parking Layout Modifications
Recommended Action: Authorize modifications to on-street parking on San Jose Avenue.

Background: In June of 2020, in response to the COVID-19 pandemic and the ensuing social distancing orders, the City issued temporary permits to local restaurants to provide outdoor dining.

On April 22, 2021, City Council directed staff to develop a program for permanent outdoor dining. Over the course of the next several months, the Planning Commission and City Council held a total of six public hearings regarding a permanent outdoor dining program, received results from two public surveys, provided direction on key program elements to staff, and reviewed a draft ordinance. The City Council adopted the Outdoor Dining Ordinance on December 9, 2021.

On June 10, 2022, the Coastal Commission conditionally certified the Outdoor Dining Ordinance, subject to modifications. On June 23, 2022, the City Council adopted the Coastal Commission conditions by resolution and the amended ordinance went into effect.

On August 24, 2022, the owners of the Capitola Wine Bar emailed City staff with a request to consider modifying the parking layout on San Jose Avenue to accommodate street dining decks.

Discussion: The proposed modification to the parking layout along San Jose Avenue flips the diagonal parking in front of Left Coast Sausage, Capitola Wine Bar, and Carusos to the other side of the street and adds parallel spaces in front of the eating and drinking establishments. Staff conceptually reviewed the request and agreed the new layout would improve the outdoor dining experience and may be more efficient.

Staff communicated those findings to the owners of Capitola Wine Bar but indicated that prior to moving forward with engineering review the owner of the Capitola Wine Bar should obtain support from the adjacent property owners, including the Taffy Shop, Left Coast Sausage WorQs, Carusos, Rainbow Store, and 120 Esplanade. All adjacent businesses and property owners signed a draft layout of the new parking configuration with a statement of support.

The City then contracted Kimley-Horn to perform site investigation work on existing street conditions and prepare a conceptual striping and signing design. The City received the conceptual plans on November 9, 2022 (Attachment 1). Kimley-Horn applied the latest Caltrans and AASHTO Greenbook Specifications for the project design parameters. The proposed layout to optimize space for outdoor street dining decks and swap the angles spaces to the other side of the street resulted in no net gain or loss of parking spaces. Wheel stops will be installed to all diagonal spaces to prevent damage to the curb and sidewalk.

Next Steps: If the City Council directs staff to proceed with the design, staff will inform the restaurants they may proceed with outdoor dining deck plans. Prior to construction of the first outdoor deck staff will obtain bids for restriping the roadway. Restriping will require closure of this portion of San Jose Avenue for one day.

Fiscal Impact: Staff estimates a cost of $5,000 for the removal of the current striping and restriping per the attached concept plan on the affected portion of San Jose Avenue. Sufficient funds for this project are available in the Public Works Streets budget.

Attachments:

1. Pavement Delineation Plans
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Report Prepared By: Katie Herlihy, Community Development Director Jessica Kahn, Public Works Director
Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
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SAN JOSE AVENUE "S" LINE

CAPITOLA AVENUE
"C" LINE

ESPLANADE
"E" LINE
LAWN WAY GENERAL SIGNING AND STRIPING NOTES LEGEND SAN JOSE AVENUE STRIPING IMPROVEMENTS PREPARED FOR CITY OF CAPITOLA © SS-1 ALTERNATIVE 1 SIGNING AND STRIPING PLAN NORTHDETAIL A CAPITOLA PROTOTYPE PARALLEL STREET DINING DECK 308 Item 8 A.
1 Moss, Julia
From: Josh Fisher <[email protected]>
Sent: Tuesday, November 22, 2022 11:45 AM
To: City Council
Subject: Outdoor Dining area meeting
Hi Katie,
Thanks for all your help with this. I will do my best to be there at the meeting tonight.

Let it be known in notes or comments for tonight's meeting:

I originally wanted my current square design and had followed all city council rules and regulations based on ALL the meetings we had already had and was ready to move forward with the ALREADY APPROVED PROTOTYPE.

After all the commotion from Capitola Wine Bar in changing the parking and changing the ALREADY APPROVED ANGLED PARKING PARKLET OPTION, I agreed to change my area to match for the better of The Village and to also help the City with parking revenue as the alternate option gained 1 or 2 spaces I believe.

If City Council approves tonight, I will go along with the concept as we have already discussed with Mike Arnone doing the drawings and either have one contractor building all 3 of our areas or each getting there own contractor to build.

However we have NOT finalized the exact dimensions of our respective spots yet but we have a general idea and now with the study complete we can discuss the final footage of all areas and bike location etc. Again, NOT COMPLETED YET!! If City Council does NOT approve the new concept I will go back to my original design still utilizing the APPROVED PROTOTYPE and most likely using Mike as well or going back to my ALREADY COMPLETED plans. I have a contractor standing by to measure and bid it out after Thanksgiving.

In case none of the other businesses want to move forward after tonight’s meeting I am still committed as I was before!! I can and will move forward solo if needed!!
Thanks for all your help. This whole thing got way more complex then it needed to be however we will work through it and complete it nonetheless.

The only other request is to have until March 1st to complete rather than January 1st since we have had to wait almost 2 months now for a final answer.

Thank you Katie and thank you City Council for bearing with us!! Josh Fisher
OwnerLeft Coast Sausage Worx
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Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Public Works
Subject: Authorize a Request for Proposals for the Jade Street Park Universally Accessible Playground Project
Recommended Action: Authorize the Public Works Department to issue a Request for Proposals for the design of a universally accessible playground at Jade Street Park.

Background: The FY 2022-23 Capital Improvement Program budget allocates $275,000 toward the completion of a universally accessible (UA) playground at Jade Street Park. The proposed playground will replace an older existing playground that was installed in 1999 and updated in 2007. Parks maintenance staff have conducted routine inspections of the playground equipment over the course of its life. The inspections have documented increasing deterioration in the condition of the equipment over the past several years. This is consistent with the common expectation that playground equipment lasts 15-20 years on average. Ultraviolet light and environmental impacts cause the materials to degrade in this time span.

A renovated UA playground would provide recreation features and design elements that appeal to individuals of all abilities, including those with mobility, cognitive, developmental, sight and hearing impairments. The vision is for a community space that encourages individuals of all abilities to interact and play in an inclusive, fun, non-segregated setting.

Discussion: Based on preliminary research, staff has determined a comprehensive UA playground project at Jade Street park could cost approximately $1,000,000. In an effort to help close the current significant funding gap staff met with the Friends of County Parks (Friends) about a potential fundraising campaign.

The Friends are a 501C3 non-profit whose mission is to “preserve, protect, improve and promote the use of Santa Cruz County parks and open spaces for recreational activities, arts and cultural activities to benefit all generations in our diverse community”. In collaboration with the County of Santa Cruz, the Friends has successfully fundraised for and constructed several park spaces throughout the County, including LEO's Haven at Chanticleer Park, the County’s first UA playground. The Friends’ Board of Directors has conceptually approved partnering with the City on a fundraising effort for a UA playground at Jade Street Park, subject to approving a formal agreement with the City.

Before initiating a fundraising campaign, the Friends recommend preparation of a conceptual project design and solid project cost estimates. Staff is proposing the City now solicit proposals from park design firms, with the goal to begin fundraising in Fall 2023. The attached RFP proposes two phases of the design project, conceptual and final design.

The conceptual design phase will develop three preliminary concepts at different price points for Council review based on feedback from community outreach. The selected design will then be refined with additional detail, and cost estimate and renderings will be produced for use for fundraising purposes. At that time staff will propose a Memorandum of Understanding (MOU) with the Friends to move forward with the advertising and fundraising for the project. The MOU is anticipated for Council consideration in Summer 2023.

The final design phase, preparation of project plans, specifications and final cost estimate, will run concurrent with fundraising efforts. Dependent on fundraising efforts, construction may commence as early as Spring 2025.
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Fiscal Impact: The conceptual design phase is estimated at $50,000 and the final design phase estimated to $25,000, for a total of $75,000. $275,000 has been allocated to this project in the FY 2022-23 Capital Improvement Program.

Attachments:

1. Draft Request for Proposals
Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
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REQUEST FOR PROPOSALS

FOR THE CITY OF CAPITOLA
Jade Street Park
Universally Accessible
Playground Design
DEADLINE FOR SUBMISSION:

Proposals are due prior to 11:00am
January 11, 2023
City of Capitola
Public Works Department
420 Capitola Avenue
Capitola, CA 95010
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City of Capitola    Request for Proposals