Agenda packet — Capitola City Council, November 22, 2022 (part 1 of 3)

City of Capitola
City Council Meeting Agenda
Tuesday, November 22, 2022 – 7:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Brown

REVISED
Regular Meeting of the Capitola City Council – 7 PM
All correspondences received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

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

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Staff Introductions
Recommended Action: Introduction of City Clerk Julia Moss.

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

A. Item 8A - One public comment email

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

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

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

A. Consider and Approve City Council Meeting Minutes from November 10, 2022 Regular Meeting and November 15, 2022 Special Meeting
Recommended Action: Approve minutes.

B. Approval of City Check Registers Dated October 14, October 28, and November 10, 2022.

Recommended Action: Approve check registers.

C. Long Term Use Agreement Between City of Capitola and Soquel Union Elementary School District for Jade Street Property
Recommended Action: Authorize the City Manager to sign a Long-Term Use Agreement between the City of Capitola and Soquel Union Elementary School District for the Jade Street Park Property including the Capitola Community Center in substantially similar form, as approved by the City Attorney, as the attached Agreement.

D. Environmental Projects Manager Job Description
Recommended Action: Approve changes to the Environmental Projects Manager job description.

E. Second Reading of an Ordinance Amending Chapter 15.04 of the Capitola Municipal Code Pertaining to Building and Fire Code
Recommended Action: Pass an Ordinance amending Municipal Code Chapter 15.04, pertaining to building and fire codes.

F. Second Reading of an Ordinance Amending Chapter 17 of the Capitola Municipal Code pertaining to Zoning and Amending the Zoning Map and the Coastal Land Use Plan Map Recommended Action: 1) Pass an Ordinance amending Title 17: Zoning of Capitola Municipal Code, amending the Capitola General Plan land use map, and amending the Capitola Zoning Map, and 2) Adopt the proposed resolution authorizing submittal to the California Coastal Commission for Certification of amendment to the Local Coastal Program including modifications to the LCP Implementation Plan, Zoning Map, and the Coastal Land Use Plan Map (General Plan Land Use Map).

G. 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.

H. 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.

I. 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 2 City Council Meeting Agenda – November 22, 2022
City of Capitola Page 3
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.

J. 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.

K. 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.

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

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

A. San Jose Avenue Parking Layout Modifications
Recommended Action: Authorize modifications to on-street parking on San Jose Avenue.

B. 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.

C. Receive 2022 Special Event Report and Provide Direction for Recurring 2023 Events Recommended Action: Receive report, provide direction regarding changes to specific recurring special event permit conditions, and determine if any additional review should be required for any 2023 special events.

9. Adjournment
_____________________________________________________
Notice of In-Person & Remote Access
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010 Other ways to Watch:
 Spectrum Cable Television channel 8
 City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:
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City of Capitola Page 4
 Meeting link:
https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09  Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799  Meeting ID: 833 2817 3113
 Meeting Passcode: 678550
To make a remote public comment:
 Via Zoom Application: Use participant option to “raise hand”. The moderator will unmute you  Via Zoom phone call: Dial *9 on your phone to “raise your hand”. The moderator will unmute you Note: Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that court action within ninety (90) days following the date on which the decision becomes final as provided in Code of Civil Procedure §1094.6. Please refer to code of Civil Procedure §1094.6 to determine how to calculate when a decision becomes “final.” Please be advised that in most instances the decision become “final” upon the City Council’s announcement of its decision at the completion of the public hearing. Failure to comply with this 90-day rule will preclude any person from challenging the City Council decision in court.

Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 7:00 p.m. (or in no event earlier than 6:00 p.m.), in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola.

Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website: www.cityofcapitola.org and at Capitola City Hall prior to the meeting. Agendas are also available at the Capitola Post Office located at 826 Bay Avenue Capitola. Need more information? Contact the City Clerk’s office at 831-475-7300.

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

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

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at www.cityofcapitola.org by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: City Clerk
Subject: Staff Introductions
Recommended Action: Introduction of City Clerk Julia Moss.

Background: Julia Moss brings 4 years of experience in municipal government, as well as over a decade of experience in customer service. Prior to accepting this position in Capitola, she worked as a Deputy City Clerk in San Marcos and Oceanside, California. In these positions, she obtained valuable experience in the 2018, 2020, and 2022 elections, as well as overseeing the administration of public records requests and document management and retention.

Julia enjoys interacting with an engaged community and appreciates those who dedicate themselves to public service. She also has a strong background of implementing technology to advance efficiency and transparency for staff and the public.

Julia was born in France but has resided in California for most of her life. She attended college at the University of San Diego, obtaining her Bachelor of Arts degree in Sociology and Communications. She has continued her education through technical training and professional development courses for California Clerks.

Julia grew up in the Santa Cruz Mountains and is currently living in Scotts Valley. She enjoys walking her dog by the beach, baking, and reading.

Approved By: Jamie Goldstein, City Manager
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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: City Manager Department
Subject: Consider and Approve City Council Meeting Minutes from November 10, 2022 Regular Meeting and November 15, 2022 Special Meeting
Recommended Action: Approve minutes.

Discussion: Attached for Council review and approval are the draft minutes from the regular City Council meeting on November 10, 2022, and the special City Council meeting on November 15, 2022.

Attachments:

1. November 10, 2022

2. November 15, 2022
Report Prepared By: Julia Moss, City Clerk
Reviewed/Approved By: Jamie Goldstein, City Manager
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City of Capitola
City Council Meeting Minutes
Thursday, November 10, 2022 – 7:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Brown Closed Session – 5:30 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.

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

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

2. Additions and Deletions to the Agenda - None

3. Report on Closed Session
The City Council met and discussed two items on the Closed Session Agenda and took no reportable actions.

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

The City Council received an updated salary schedule.

5. Oral Communications by Members of the Public - None
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City Council Meeting Minutes – November 10, 2022
City of Capitola Page 2

6. Staff / City Council Comments - None

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

Motion to approve the Consent Calendar made by Council Member Bertrand Seconded by Council Member Brown
Voting Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
A. Consider the minutes from the October 27, 2022, regular City Council meeting Recommended Action: Approve minutes.

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

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

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

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

Chloe Woodmansee, Assistant to the City Manager, presented the staff report.

David Campbell, Petitioner, spoke in support of the request.

Mark Schweeny and TJ Welch, residents, both spoke in support of the flag request.

City Attorney Zutler made comments and spoke about the establishment clause, and the Shurtleff vs. Boston case - in that case the flag pole was a public forum. The City of Capitola has a specific policy that states that the City’s flag pole is not a public forum.

Council Comments:
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City Council Meeting Minutes – November 10, 2022
City of Capitola Page 3
Council Member Bertrand thanked speakers for their comments and acknowledged the role that religion plays in his personal life. He clarified that he doesn’t believe in favoring one religion through the use of the flag policy.

Council Member Brown thanked the petitioner for his efforts and thanked the local faith community in Capitola for their work with non-profits.

Council Member Brooks thanked the speakers and agreed with other Council Members in their denial of the request.

Vice-Mayor Keiser thanked the speakers and City Attorney for their comments and reiterated that the flag policy is meant to be inclusive.

Mayor Storey thanked speakers and the petitioner and encouraged the City Council to revisit the flag policy in 2023 and urged all to look for one unifying symbol of the community.

Motion to deny request made by Council Member Brooks
Seconded by Vice Mayor Keiser
Voting Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
B. Consider a Cannabis Delivery Ordinance Amendment
Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Sections 5.36 and 9.61 allowing cannabis deliveries within the City of Capitola from any authorized licensed retailers physically located within Santa Cruz County.

Andrew Dally, Police Chief, presented the staff report.

Council Comments:

Council Member Bertrand inquired about previous efforts to ban cannabis deliveries from nonCapitola based retailers, and City Manager Goldstein referenced the original ordinance and subsequent amendments.

Mayor Storey inquired about whether or not sales tax will be determined by delivery location or point of origin, and Police Chief Dally clarified that the point-of-sale location will receive the sales taxes. Mayor Storey also inquired whether the adoption of this ordinance should be contingent on a uniform adoption of other jurisdictions, and City Attorney Zutler clarified that other jurisdictions will be in the process of adoption by the time this ordinance is presented for its second reading.

Motion to introduce the Ordinance made by Council Member Brown Seconded by Council Member Bertrand
Voting Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
C. Introduce an Ordinance Amending Chapter 15.04 of the Capitola Municipal Code Pertaining to Building and Fire Code
Recommended Action: Introduce for first reading, by title only, waiving further reading of the text, a proposed ordinance amending Municipal Code Chapter 15.04, pertaining to building and fire codes.

Katie Herlihy, Community Development Director, presented the staff report.

Council Comments: None
Motion to introduce the Ordinance made by Council Member Brown Seconded by Vice Mayor Keiser
Voting Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
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City Council Meeting Minutes – November 10, 2022
City of Capitola Page 4
D. 2022 Zoning Code Amendments
Recommended Action: 1) Introduce for first reading, by title only, waiving further reading of the text, an ordinance amending Title 17: Zoning of Capitola Municipal Code, amending the Capitola General Plan land use map, and amending the Capitola Zoning Map, and 2) Adopt the proposed resolution amending the General Plan Land Use Map.

Katie Herlihy, Community Development Director, presented the staff report.

Council Comments:

Council Member Brown inquired about restrictions for cannabis retailer signs, Katie Herlihy confirmed that they will no longer be restricted differently than other retail signs.

Council Member Brooks inquired about second story decks and their contributions to floor area ratio and deck screening.

Mayor Storey recused himself from further discussion due to a conflict of interest.

Peter Wilk, resident, spoke about second story decks and requested that elected officials provide guidance.

Council Member Bertrand thanked Staff and community members for their efforts.

Motion to introduce the Ordinance and adopt the Resolution made by Council Member Brown
Seconded by Council Member Bertrand
Voting Yea: Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown
Abstaining: Mayor Storey
E. Consider a Permanent Local Housing Allocation Resolution Recommended Action: Adopt proposed resolution authorizing the City Manager to execute the Permanent Local Housing Allocation (PLHA) Program Application with 5-year plan, the PLHA Standard Agreement, and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant award.

Katie Herlihy, Community Development Director, presented the staff report.

Council Comments:

Council Member Bertrand inquired about how funding allocations is determined, and Staff clarified that allocations will be brought to Council for approval.

Motion to adopt the resolution made by Council Member Bertrand Seconded by Council Member Brooks
Voting Yea: Mayor Storey, Vice Mayor Keiser, Council Member Bertrand, Council Member Brooks, Council Member Brown

9. Adjournment – The meeting was adjourned at 8:46 PM to a Special City Council Meeting on November 15, 2022, at 2:00 PM.
____________________________
ATTEST: Sam Storey, Mayor
___________________________
Julia Moss, City Clerk
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City Council Meeting Minutes – November 10, 2022
City of Capitola Page 5
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City of Capitola
Special City Council Meeting Minutes
Tuesday, November 15, 2022 – 2:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Sam Storey
Vice Mayor: Margaux Keiser
Council Members: Jacques Bertrand, Yvette Brooks, Kristen Brown Closed Session – 2 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.

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

2. Closed Session
A. Conference with Real Property Negotiators
(Gov’t Code § 54956.8)
Property: 4400 Jade Street, APN 034-551-02, Capitola, CA City Negotiator: Jamie Goldstein, City Manager
Negotiating Parties: Soquel Union Elementary School District Under Negotiation: Terms of Join Use Agreement

2. Report on Closed Session – The City Council met and discussed one item on the Closed Session Agenda and took no reportable action.

3. Adjournment – Adjourned at 3:07 PM.
____________________________
ATTEST: Sam Storey, Mayor
____________________________
Julia Moss, City Clerk
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Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Finance Department
Subject: Approval of City Check Registers Dated October 14, October 28, and November 10, 2022.

Recommended Action: Approve check registers.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
10/14/2022 101713 101805 98 $ 366,035.45
10/28/2022 101882 101992 118 $ 374,226.07
11/10/2022 102091 102188 104 $ 303,812.14
The main account check register dated September 30, 2022, ended with check #101712.

Checks numbered 101806 to 101881 were voided/renumbered due to printing errors.

Checks numbered 101993 to 102090 were voided/renumbered due to printing errors.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
10/14/2022 5807 5808 94 $ 202,472.34
10/28/2022 5809 5809 97 $ 194,948.94
11/10/2022 20724 20815 92 $ 175,879.23
The payroll account check register dated September 30, 2022, ended with EFT #20535.

Following is a list of payments issued for more than $10,000 and descriptions of the expenditures:

Check/
EFT Issued to Dept Description Amount
5807 Employee Final check 10/7/22 $ 17,316.90
101741 Dell Marketing LP CM Office 365 software license $ 17,039.40 101784 SCCo Animal Shelter PD Quarterly animal services contribution
$ 24,147.60
101785 SCCo Dept of Public
Works
PW/
CDD
Household hazardous waste
program, Zone V pass through,
Zone V master plan update
$ 60,449.16
101787 Santa Cruz Regional 911 PD First half capital/debt 22/23 $ 27,978.00 1397 CalPERS Member
Services Division CM PERS contributions PPE 10/1/22 $ 56,577.76 1399 Internal Revenue Service CM Federal taxes & Medicare PPE 10/1/22 $ 32,243.11
1401 VOYA Financial CM Employee 457 contributions $ 23,481.39 52 Item 7 B.

PPE 10/1/22
101908 Donald W Alley PW Soquel Lagoon monitoring $ 11,267.22 101939 MV Transportation Inc PW August & September beach shuttle service $ 28,651.20
101943 Pacific Gas & Electric PW October utilities $ 12,419.06 101957 SCCo Auditor-Controller Fin September citation processing $ 21,511.00 101965 Soquel Creek Water
District PW September water service $ 19,173.48
1402 CalPERS Health Insurance CM November health insurance $ 59,568.27 1403 CalPERS Member
Services Division CM PERS contributions PPE 10/15/22 $ 57,458.28 1404 Employment Development
Department CM State taxes PPE 10/15/22 $ 11,909.54
1405 Internal Revenue Service CM Federal taxes & Medicare PPE 10/15/22 $ 40,662.26
5809 Employee Final check 10/28/22 $ 13,332.83
102105 Burke Williams & Sorensen
LLP CM July, August, & September legal services
$ 55,680.00
102108 Capitola-Soquel Chamber
of Commerce Fin July – September TOT $ 11,160.45
102152 Phoenix Group Information
Systems PD Mobile printer & case for parking, Sept 2022 processing $ 13,581.55
102168 Soquel Creek Water
District PW November water service $ 15,455.48
1409 CalPERS Member
Services Division CM PERS contributions PPE 10/29/22
$ 56,626.38
1410 Employment Development
Department CM State taxes PPE 10/29/22 $ 11,055.49
1411 Internal Revenue Service CM Federal taxes & Medicare PPE 10/29/22 $ 36,413.29
Attachments:

1. 10-14-22 Check Register

2. 10-28-22 Check Register

3. 11-10-22 Check Register
Report Prepared By: Leda Laidlaw-Hunter, Accountant I
Reviewed By: Julia Moss, City Clerk and Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: City Manager Department
Subject: Long Term Use Agreement Between City of Capitola and Soquel Union Elementary School District for Jade Street Property Recommended Action: Authorize the City Manager to sign a Long-Term Use Agreement between the City of Capitola and Soquel Union Elementary School District for the Jade Street Park Property including the Capitola Community Center in substantially similar form, as approved by the City Attorney, as the attached Agreement.

Background: In 1982 the City of Capitola entered a 50-year lease with Soquel Union Elementary School District (District) for the Jade Street Park property. Following execution of the lease the City built the Capitola Community Center on the property. Now with the Community Center nearing 40 years old, the facility needs reinvestment to continue to serve the community.

Over the last decade, the City and District have engaged in a number of collaborative projects including establishing the after-school program at New Brighton Middle School and the transfer of the New Brighton gymnasium property from the City to the District.

In an effort to continue to grow the positive working relationship between the City and District and ensure that the City maintains a long-term interest in the property prior to making investments in significant maintenance efforts, the parties recently began negotiating a new Long Term Use Agreement for the property.

Discussion: The proposed Long Term Use Agreement establishes the City, and public’s, right to continue to use the park and community center through 2052. The proposed agreement requires the City to complete certain specific infrastructure improvements to the Community Center within four years. Should the District require the property for school purposes prior the 2052, the agreement provides that the District must provide the City at least two years notice, and reimburse the City for the depreciated amount of those specific infrastructure improvements.

Completion of this agreement would help ensure that the community of Capitola and District residents will be able to continue to use and enjoy Jade Street Park and the Capitola Community Center for another 30 years.

Fiscal Impact: The agreement obligates the City to continue to maintain Jade Street Park; those costs have been incorporated into the City’s annual budget since the 1980s. The agreement also obligates the City to complete certain specific infrastructure projects at the Community Center over the next four years; staff estimates the cost for those improvements will likely total $720,000. Staff will propose options to fund those improvements at future budget hearings.

Attachments:

1. Long Term Use Agreement
Report Prepared By: Report Prepared By: Jamie Goldstein, City Manager Reviewed By: Julia Moss, City Clerk, Sam Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
54 Item 7 C.

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LONG TERM USE AGREEMENT

BETWEEN

CITY OF CAPITOLA
AND

SOQUEL UNION ELEMENTARY SCHOOL DISTRICT
THIS LONG TERM USE AGREEMENT (“Agreement”) is entered into effective _____________, 20__ (“Effective Date”), by and between the City of Capitola (“City”) and the Soquel Union Elementary School District (“District”). City and District are sometimes hereinafter referred to collectively as the “Parties” or each individually as a “Party.”

RECITALS
A. Pursuant to Education Code sections 38130, et seq. (“Civic Center Act”), the management, direction, and control of school facilities are vested in the District’s Board of Trustees (“Board”), and the Board may provide for the use of school facilities as a civic center where such use is consistent with school purposes and does not interfere with the regular conduct of schoolwork.

B. The District is the fee owner of that certain real property located at 4510 Jade Street in the City of Capitola, California, with Assessor’s Parcel Number (“APN”) 34-551-02, also known as the Jade Street Property (the “Property”), as more particularly depicted in Exhibit A-1, attached hereto and incorporated herein by this reference.

C. The Property includes Opal Cliffs School (“School Site”), owned and operated by the District, identified as “Opal Cliffs School” in Exhibit A-2.

D. With the exception of the School Site, the Property is currently not in use by the District.

E. On March 26, 1982, the District leased the Property to the City pursuant to a written Lease Agreement (“Lease”) for the exclusive purpose of establishing, developing, and maintaining a public recreational park.

F. Following execution of the Lease, the City constructed a community center (“Community Center”), identified as “Community Center” in Exhibit A-2. In addition, the Property includes public tennis courts (“Tennis Courts”), playing fields (“Playing Fields”), and restrooms (“Restrooms”) (collectively, the “Park Facilities”).

G. On January 8, 1985, the Parties entered into an Amendment to the Lease amending the District’s termination notice requirements. On November 25, 1986, 55 Item 7 C.

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the Parties entered into a further Amendment to the Lease, in which the District expressly reserved the right to terminate the Lease by giving the City written notice twelve months in advance of termination when the District required the Property for a public school building. The District gave such advance notice of termination to the City on July 26, 2000.

H. In a Conditional Judgment of Ejectment (“Judgment”) filed April 14, 2003, in the matter of Soquel Union School District v. City of Capitola, Case No. CV 141712 (“2001 Lawsuit”), the Santa Cruz County Superior Court determined, among other things, that the Lease was terminated on July 26, 2001, subject to the right of the City to remain in possession of the Property during the remainder of the term of the original Lease or until the District is ready to commence use of the Property, with all necessary approvals. The Court retained jurisdiction for the limited purpose of determining when the District is entitled to possession of the Property, including determination of any disputes about access reasonably necessary to obtain approvals or financing.

I. On May 26, 2010, the City filed a lawsuit against the District, challenging the District’s adoption of a mitigated negative declaration under the California Environmental Quality Act (“CEQA”) with regard to the District’s Public Works Plan (“PWP”) for the Property (“CEQA Lawsuit”).

J. In August 2010, the Parties entered into a settlement agreement with regard to the CEQA Lawsuit (“Settlement Agreement”) in which the Parties agreed to compromise and settle the CEQA challenge with regard to Phase One of the PWP (consisting of construction of the current Opal Cliffs School), and to defer any CEQA challenge by the City with respect to Phase Two of the PWP. The Settlement Agreement provided, among other things: (1) that the landlord/tenant relationship between the City and District created by the Lease was terminated; and (2) that the District acknowledged the City’s right to possession of the Property for public recreational purposes for the remaining term of the terminated Lease (expiring March 25, 2032) and subject to the terms of the Judgment and any consistent terms of the terminated Lease.

K. In 1986, the City entered into a sublease, expiring on September 1, 2032, with Trade Winds Resident Association, Inc. (“Trade Winds”) for a portion of the Property, identified as “Lot currently ‘sub-leased’ by City to Tradewinds” in Exhibit A-2. In the 2001 Lawsuit, the Court ruled that this sublease is valid. The District does not contest that determination.

L. With the exception of the School Site, the City has continued to use and occupy the Property, subject to the terms of the Judgment and consistent with terms of the terminated Lease.

M. The City now desires to make certain improvements to the Community Center (the “Community Center Improvements”) for the benefit of the community at 56 Item 7 C.

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large, including but not limited to District students and families, and further desires to enter into a new agreement with the District permitting the City to continue to use and occupy that portion of the Property, excluding the School Site, including the Park Facilities (hereinafter the “Premises”) until June 30, 2052.

N. The District, recognizing that the City’s proposed Community Center Improvements and continued operation of the Premises as a public recreational park are of benefit to the community at large, including but not limited to District students and families, is hereby willing to grant the City continued use and occupation of the Premises through June 30, 2052, subject to the terms and conditions set forth in this Agreement.

O. It is the desire and intent of the Parties that, except as expressly set forth hereunder, nothing in this Agreement shall modify, supersede, alter, replace, or revise the Judgment or any other ruling, order, or decision by the Court in the 2001 Lawsuit or any of the terms and conditions set forth in the Settlement Agreement.

NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and the District agree as follows:

1. Grant of Use. The District hereby grants to the City and the City hereby accepts from the District the grant of use of the Premises for use as a public recreational park under the terms and conditions set forth in this Agreement. The City shall use the Premises only as public recreational park and for no other purposes without the District’s prior written consent. This grant of use includes use of all current improvements on the Premises, as shown in Exhibit A-2.

2. Term; Renewal. This Agreement shall commence on the Effective Date and terminate on June 30, 2052, subject to its earlier termination as provided hereunder (“Term”). The Parties may, by mutual written agreement, renew this Agreement for up to two (2) additional ten (10) year terms (each a “Renewal Term”). There shall be no “holding over” by City with regard to the Premises without the District’s express prior written consent. Title to the Premises shall, at all times during the Term and any Renewal Term thereof, remain vested in the District.

3. Termination.
a. This Agreement may be terminated by either Party at any time for cause. “Cause” shall consist of a breach of any material provision of this Agreement, and the failure of the breaching Party to cure the breach within thirty (30) days of being notified of the breach, provided that if the breach cannot reasonably be cured within said thirty (30) day period, the breaching Party will not be in default under this Agreement if the breaching Party commences to cure the breach within the thirty (30) day 57 Item 7 C.

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period and diligently prosecutes the same to completion. Upon expiration of the applicable cure period, the non-breaching Party may terminate the Agreement.
b. Regardless of any other term or condition of this Agreement, the District retains and reserves the right to terminate this Agreement, at any time, by giving written notice to the City of its intention to so terminate this Agreement at least twenty four (24) months in advance, should the District, in its sole and absolute discretion, determine that the Premises are needed for school purposes. Following the issuance of written notice of termination to the City, the District, its consultants, representatives, and agents shall have the right, upon twenty-four (24) hours’ notice to the City, to access the Premises for the purpose of conducting any and all testing and inspections the District determines are necessary or as required by state and federal law for the use of the Premises for public school purposes.
c. In the event that the District exercises its termination rights under Section 3(b), it shall fairly compensate the City for a percentage of the total costs of construction of the Community Center Infrastructure Improvements, as defined hereunder and set forth in Exhibit B attached hereto and incorporated herein by this reference. The percentage of such compensation to be paid to the City shall be dependent on the effective date of the District’s termination and shall be calculated as set forth in Exhibit C attached hereto and incorporated herein by this reference, except that no compensation shall be paid to City unless and until City has completed all of the Community Center Infrastructure Improvements as listed in Exhibit B.
d. Upon termination or expiration of this Agreement for any reason, the District shall have the right to retain, at no cost to District, all buildings and fixtures then located on the Premises, (“Improvements”), including but not limited to the Community Center Infrastructure Improvements, constructed or installed on the Premises or in or at the Park Facilities, that District deems appropriate for its use. The City shall remove all other buildings, fixtures, equipment, and personal property from the Premises within ninety (90) days of such termination date and surrender the Premises to the District in accordance with Section 4 hereunder. All such buildings, fixtures, equipment, and personal property not so removed within such ninety (90) day period shall be deemed abandoned by the City and the District may dispose of them for its own benefit in whatever way it deems appropriate.

4. Surrender of Premises. Upon termination or expiration of this Agreement for any reason, the City shall surrender the Premises to the District in good order, condition, and repair, and free and clear of all liens, claims, and encumbrances.

Said condition shall be similar to that existing as of the Effective Date, excepting 58 Item 7 C.

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reasonable wear and tear and any Improvements constructed or installed by the City subsequent to the Effective Date. Upon surrender of the Premises, the City shall have no further right to use the Premises or Park Facilities beyond that enjoyed by any other entity or organization in compliance with the District’s general policies and procedures applicable to same.

5. Annual Use Fee. In recognition of the recreational opportunities and other benefits made available to members of the public and the community, including District students and families, through the City’s operation and maintenance of the Premises as a public recreational park, the City shall pay the to the District the total amount of One Hundred Dollars ($100.00) for each year of the Term of this Agreement, as an annual use fee (“Annual Use Fee”), which amount shall be payable upon execution of this Agreement and annually invoiced by the District thereafter on each anniversary of the Effective Date. The District reserves the right to increase the Annual Use Fee for any Renewal Terms hereof.

6. Compliance with Law; Limitations Upon Use.
a. The City shall comply with all federal, state, local and District laws, statutes, codes, ordinances, rules, regulations, policies, and requirements regarding the use and occupation of the Premises, as well as all current and future orders, laws, and recommendations issued by an applicable government agency (including the California Department of Public Health, the Santa Cruz County Health Officer, and the state and federal governments) related to COVID-19 or any other public health emergency, that are applicable to the City’s use of the Premises, including but not limited to those related to social distancing, the use of personal protective equipment (“PPE”) such as face coverings and gloves, and the sanitization of facilities (“Law”).
b. The City shall not cause the Premises to be used, occupied, or improved in any manner or for any purpose that is in any way in violation of any Law or that will constitute waste, nuisance, or unreasonable annoyance to residents in the surrounding area, interfere with the educational program or activities at the School Site, or jeopardize the safety of the students and staff at the School Site.
c. If any license, permit, or other governmental authorization is required for the City’s use of the Premises, the City shall procure and maintain same to the extent required by Law.
d. Without limitation of the City’s other indemnification obligations set forth in this Agreement, the City shall indemnify, defend and hold the District free and harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from the City’s failure to comply with and perform the requirements of this Section, except to the extent that 59 Item 7 C.

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any such liability is caused by the sole negligence or willful misconduct of the District or any person or entity under its explicit direction or control.

Upon request, the City shall provide copies of all licenses, permits, or approvals which the District may require to verify that the City is in compliance with the requirements of this Section.
e. The City shall be solely and completely responsible for the safety of all persons and property associated with the City’s use and occupation of the Premises. The City and the City Parties (as defined hereunder) shall fully comply with all state, federal, and other laws, rules, regulations, and orders related to safety. All materials, equipment, and supplies provided by the City when using the Premises shall fully conform to all applicable Law.

7. Use of Premises Granted on “As Is” Basis. The Parties acknowledge that the City is already in possession of the Premises as of the Effective Date. The District provides, and the City accepts, the Premises in its “AS IS” condition. The District shall not be required to make, construct, or remove any Improvements to the Premises during the Term of this Agreement or any Renewal Terms thereof.

Furthermore, the District makes no representations or warranties regarding the fitness or suitability of the Premises for the City’s intended use of same.

8. Landscaping. City shall water, weed, mow, trim and maintain lawns, shrubs, trees, and plantings as necessary to maintain the Premises as a public recreational park.

City may also remove trees in compliance with City regulations and may plant new trees, shrubs, and other plants as appropriate for a public recreational park.

9. Maintenance and Repairs. The City, at its own cost and expense, shall maintain the Premises in a safe and clean condition and free from rubbish and litter at all times. The term “maintain” shall be defined as routine, regular, or necessary maintenance, including but not limited to: (1) daily removal of all trash and debris from the Premises , including all parking areas, driveways, sidewalks, and walkways; (2) daily cleaning of Restrooms; and (3) other maintenance necessary to maintain the Premises in a condition suitable for use as public recreational park. The City shall be solely responsible, at its own cost and expense, for any and all maintenance, repair, replacement, and upkeep for the Premises, including but not limited to the following systems, equipment or elements: heating, ventilating and air conditioning system (“HVAC”), plumbing, sewer and water lines, interior and exterior lighting, interior and exterior fixtures, interior walls, ceilings, floors and flooring, windows, interior and exterior doors, signage, walkways, parking lot, and any foundation or exterior surface on which the Park Facilities or other Improvements are placed. The District shall have no obligation whatsoever for any maintenance, repair, replacement, or upkeep for the Premises, or any related costs or expenses.
60 Item 7 C.

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10. Utilities. The City shall be solely responsible for and shall pay all charges for water, sewer, gas, electricity, telephone and internet service, garbage disposal costs, and any other utility used or consumed by the City at the Premises, including those utilities and water costs necessary for maintaining the landscaping at the Premises. The City shall comply with all present and future water conservation programs required by federal, state, or local laws.

11. Parking. Parking of cars by City employees, agents, contractors, licensees and invitees, including the public, shall be confined to those parking spaces in the parking lot identified as “Lot currently ‘sub-leased’ by Tradewinds to City” in Exhibit A-2. Parking spaces designated for the City’s use are to be used for parking operable motor vehicles only. Parking of trailers, boats, campers, or trucks, other than pick-up trucks, on the Premises shall be prohibited. Overnight parking shall be prohibited, with the exception of City-owned vehicles. School Site staff and visitors shall have priority for parking spaces in the asphalt lot between the Community Center and the School Site while school is in session.

The District has the right to reserve parking spaces in this lot for School staff and visitors as needed.

12. Improvements. The City shall not construct or cause to be constructed on the Premises any Improvements without the express prior written consent of the District. Notwithstanding the foregoing, the Parties understand and agree that the City, at its sole cost and expense, may install drinking fountains, signage, fencing, and benches consistent with the use of the Premises as a public park (“Exempt Improvements”). The City may replace the current play structure with equipment of comparable quality and utility. Further, the Parties understand and agree that the City, at its sole cost and expense, intends to make those certain Community Center Infrastructure Improvements and Community Center Ancillary Improvements (together, the “Community Center Improvements”) as listed in Exhibit B and pursuant to those requirements set forth in this Section 12 and Section 13 hereunder. In regard to all Improvements, including but not limited to the Community Center Improvements, the District and City agree as follows:
a. The City shall be solely responsible for the costs and expenses of all Improvements, including but not limited to the costs of planning, permitting, design, engineering, architectural services, inspections, and construction. The District shall not be required to pay any of the costs or contribute any labor, supplies, or equipment necessary for the City’s completion of Improvements.
b. Prior to commencing construction of any Improvements, excepting Exempt Improvements, the City shall provide the District’s Superintendent or designee with copies of drawings, plans, and specifications for the proposed Improvement(s) for the District’s review and approval, which approval shall not be unreasonably delayed, conditioned, or withheld. Each such submission shall include the estimated cost for the proposed Improvement(s) as set forth in the contract 61 Item 7 C.

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awarded by the City for construction of the proposed Improvement(s) and the dates for commencement and completion of the proposed Improvements and shall identify those Improvements that require the approval of local and state governmental agencies. If the District does not either object or provide written approval to the proposed plans and specifications within forty-five (45) days of receipt, the plans and specifications shall be deemed approved.
c. All Improvements shall be subject to all state and local site, zoning, use permits, and design review and other required approvals (“Governmental Approvals”). The City acknowledges that it assumes full responsibility for securing and maintaining all such permits and required Governmental Approvals, and for the costs and expenses incurred in securing and maintaining same. At no cost or expense to the District, the District shall reasonably cooperate with the City in good faith, as necessary for the City to secure Governmental Approvals.
d. All contracts for construction of the Improvements shall provide for compliance with all applicable law regarding the construction of public works projects, including but not limited to, the payment of prevailing wages.
e. Scheduling of construction of Improvements, excepting Exempt Improvements, shall be coordinated with and agreed to in advance by the District in order to minimize disruptions or interference with school operations or activities at the School Site to the maximum extent feasible.

f. Prior to commencing any Improvements, the City shall install protective fencing, barriers, and warning signs, at all work sites and take other protective measures as necessary to ensure public safety, as required by law. Such protective measures shall remain in place until completion of Improvements.
g. Upon commencement of construction of any Improvements, excepting Exempt Improvements, the City shall cause the work to be diligently pursued to completion in accordance with the schedule for completion agreed to by the Parties, subject to unavoidable delays caused by weather, supply shortages, strikes, or acts of nature.
h. All work on Improvements shall be performed in a sound and workmanlike manner, in compliance with applicable laws and building codes, and in conformance with the plans and specifications approved by the District.
i. The District or the District’s agents shall have a continuing right at all times during the period that Improvements are being constructed on the 62 Item 7 C.

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Premises to enter the Premises and to inspect the work, provided that such entries and inspections do not unreasonably interfere with the progress of the construction.
j. Within fifteen (15) days after completion of construction of any Improvements on the Premises, excepting Exempt Improvements, the City shall deliver to the District a written notice of completion and a full and complete set of as-built plans or the Improvements so completed. k. In addition to and without limitation of the City’s other indemnification obligations as set forth in this Agreement, the City shall defend, indemnify, and hold harmless the District and the District Parties (as that term is defined hereunder) for any and all claims, liabilities, or damages arising out of or in any way relating to the planning, development, construction, or installation of any and all Improvements, except for those claims, liabilities, or damages arising from the sole negligence or willful misconduct of the District or any person or entity under the District’s direction or control.

13. Community Center Improvements. In addition to those requirements set forth in Section 12, the Parties agree to the following with regard to the Community Center Improvements as listed in Exhibit B:
a. The City shall complete all Community Center Infrastructure Improvements listed in Exhibit B within forty eight (48) months of the Effective Date (the “Completion Date”), unless the Parties otherwise mutually agree in writing to a different timeline for such completion. b. Upon completion of each of the Community Center Infrastructure Improvements listed in Exhibit B, the City shall provide the District with detailed invoices verifying the costs and expenses reasonably and actually incurred by the City in completing each such Community Center Infrastructure Improvement. Such invoices shall be compared to and reconciled with the estimated costs of the Community Center Infrastructure Improvements listed in Exhibit B and the Community Center Reimbursement Schedule at Exhibit C. Receipt of invoices verifying all such costs and expenses incurred by the City in the construction of the Community Center Infrastructure Improvements shall be a precondition to the District’s payment of any compensation to the City as a result of the District’s early termination of this Agreement pursuant to Sections 3(b) and 3(c), above. The City shall only be compensated for such verified costs and expenses.
c. In the event the City fails to timely complete the Community Center Infrastructure Improvements by the Completion Date, and the Parties have not otherwise mutually agreed in writing to a different timeline for such 63 Item 7 C.

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completion, this Agreement shall terminate on March 25, 2032, unless otherwise extended by mutual written agreement of the Parties.

14. District Use of Community Center. The Parties agree that the District shall have the use of the Community Center for six (6) days of each year during the Term of this Agreement and any Renewal Terms thereof. The District shall coordinate and schedule such use in advance with the City. The City shall use its best efforts to accommodate the District’s requested dates of use. Prior to use of the Community Center, the District shall submit a facility use agreement as required by the City for City approval and shall provide proof of insurance as may be required by the City.

15. Right of Entry and Inspection. The District and its officers, agents, and employees shall have the right to enter the Premises at any reasonable time for the purpose of inspecting the same. Except in cases of emergency, the District shall provide the City with notice at least one (1) business day in advance of any District entry and inspection.

16. Liens and Claims. The City shall promptly pay in full all costs associated with the City’s use of the Premises or Park Facilities, and any equipment, furnishings, furniture, trade fixtures or other items for the Premises or Park Facilities that the City shall cause to be delivered to the Premises or Park Facilities and shall timely pay in full all persons who perform labor for the City’s use of the Premises or Park Facilities. If any mechanics’ or materialmen’s liens or any other liens or claims for any work done or items furnished at the City’s request are filed against the Premises or Park Facilities, the City shall promptly remove the liens and claims at the City’s own expense. If the City fails to remove the liens or claims and any judgment is entered thereon or thereunder, the City shall pay that judgment. Should the City fail, neglect, or refuse to remove any such liens or claims or to pay any judgment, the District shall have the right to pay any amount required to release any such liens or claims, or to defend any actions brought on the liens or claims and to pay any judgment entered on the liens or claims, and the City shall be liable to the District for all costs, damages, reasonable attorneys’ fees, and any amounts expended in defending any proceedings or in the payment of any of said liens or claims or any judgment obtained therefor. The District may record, post, and maintain upon the Premises or Park Facilities a notice of nonresponsibility. The City shall not encumber by any security instrument, all or a part of the City’s interest under this Agreement without the prior written consent of the District, and upon such terms and conditions as the District may require.

17. Assignment and Subleases.
a. Assignment. Neither Party may assign or transfer any of its obligations, rights, or duties under this Agreement without the prior written consent of the other Party. Any assignment or transfer made without such written 64 Item 7 C.

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consent shall be void, and at the option of the non-assigning Party, shall immediately terminate this Agreement.
b. Subleases. Except as set forth in Section 17(c) below, the City may not sublease the Premises or any portion thereof, including but not limited to the Park Facilities, without the District’s express prior written consent, which consent may be withheld in District’s sole and absolute - discretion.

In the event the District provides express prior written consent to any such sublease (each an “Approved Sublease”), the City shall pay to District fifty percent (50%) of any revenues obtained by the City pursuant to each Approved Sublease entered into by the City subsequent to the Effective Date of this Agreement (the “District’s Revenue Share”). The initial payment of the District’s Revenue Share, as well as a copy of each fully executed Approved Sublease, shall be due to the District within thirty (30) calendar days of actual receipt by the City of the first payment to the City under any Approved Sublease for these purposes. In the event that an Approved Sublease expires or terminates, the City’s obligation to pay the District’s Revenue Share for such sublease shall automatically terminate upon the date of such expiration or termination. With the exception of the Trade Winds Sublease, as described in Section 17(c) below, upon termination or expiration of this Agreement, all Approved Subleases shall automatically expire.
c. Trade Winds Sublease. The District hereby grants consent to the City for its sublease to Trade Winds (the “Trade Winds Sublease”) of that portion of the Premises identified as “Lot currently ‘sub-leased’ by City to Tradewinds” in Exhibit A-2 (“Trade Winds Sublease Area”). The Parties agree that the current Trade Winds Sublease shall terminate as of September 1, 2032, and that no renewal or extension thereof shall be permitted without the District’s express prior written consent. The Parties agree that the District has no duties or obligations under the current Trade Winds Sublease, and that the City alone shall be responsible for such duties and obligations. If the District, in its sole and absolute discretion, declines to grant its prior written consent for renewal of the Trade Winds Sublease, the City shall be responsible for ensuring that Trade Winds vacates and surrenders the Trade Winds Sublease Area as of September 1, 2032 (or as of the expiration date under an extension or renewal that has been granted by the District). Without limitation of the City’s other indemnification obligations set forth in this Agreement, the City shall indemnify, defend, and hold the District and the District Parties (as defined hereunder) harmless from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description resulting from or related to the Trade Winds Sublease and any delay or refusal of Trade Winds to vacate and surrender the Trade Winds Sublease Area, but excepting injury, 65 Item 7 C.

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death or damage arising from the sole negligence or willful misconduct of District. Upon any renewal or extension, the Trade Winds Sublease shall be subject to Section 17(b), above.

18. Dangerous and/or Hazardous Conditions. The City shall assume full and sole responsibility for repairing and remediating any dangerous and/or hazardous conditions occurring at or on the Premises that may pose a risk of injury to the public. The City shall fully repair and remediate any such dangerous and/or hazardous condition on the Premises within ten (10) business days of its identification and in the most effective and efficient means possible with the least disruption to school operations at the School Site; provided that if, because of the nature of such dangerous and/or hazardous condition, such repair or remediation cannot be completed within such ten (10) day period, the City shall commence performance within such ten (10) day period, and thereafter diligently prosecute the same to completion. Further, the City shall take steps necessary to ensure the safety of the public until such repair or remediation is completed, including without limitation the installation of fencing, barriers, or warning signs and any other protective measures at the site of the dangerous and/or hazardous condition, as appropriate under the circumstances. Without limitation of the City’s other indemnification obligations set forth in this Agreement, the City shall indemnify, defend, and hold the District free and harmless from any and all liability, loss, damages, fines, penalties, claims, and actions resulting from the City’s failure to comply with and perform the requirements of this Section, except to the extent that any such liability is caused by the sole negligence or willful misconduct of the District or any person or entity under its explicit direction or control. The City’s failure to comply with its obligations under this Section may, at the District’s discretion, result in termination of this Agreement pursuant to Section 3(a).

19. Hazardous Materials. The City shall not use, maintain, or keep any Hazardous Materials, other than ordinary cleaning supplies and waste at, in or on the Premises without the District’s prior written approval. The term “Hazardous Materials” as used in this Agreement shall mean any products, substances, chemical, material or waste whose presence, nature, quantity and/or intensity of existence, use, manufacture, disposal, transportation, spill, release or effect, either by itself or in combination with other materials expected to be on the Premises, is either (a) potentially injurious to the public health, safety or welfare and environment of the Premises, (b) regulated or monitored by any governmental authority, or (c) a basis for liability of City or District to any governmental agency or third party under any applicable statue or common law theory. Hazardous Materials shall include, but not be limited to, hydrocarbons, MTBE, petroleum, gasoline, crude oil, or any products, by-products, or fractions thereof. Willful or negligent breach of the City’s obligations under this Section may, at the District’s discretion, result in termination of this Agreement pursuant to Section 3(a). The City shall promptly give notice to the District of any Hazardous Materials dispersal or spill, or Hazardous Materials claim, of which it is or becomes aware. 66 Item 7 C.

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Without limitation of the City’s other indemnification obligations set forth in this Agreement, the City shall indemnify, defend, and hold the District and District Parties (as defined hereunder) harmless from any and all claims, costs, damages, penalties or liabilities arising out of the City’s use or release of any Hazardous Materials at, in or on the Premises, except to the extent that any such liability is caused by the sole negligence or willful misconduct of the District or any person or entity under its direction or control. The City shall be solely responsible for investigation and remediation expenses related to the abatement of asbestos and other Hazardous Materials that may be required as a result of any Improvements, repairs, replacement, or remediation to the Premises undertaken by the City.

20. Damage/Destruction.
a. Should the Premises be damaged or destroyed by fire or any cause not the fault of the City or the City Parties (as defined hereunder), including any person on or about the Premises with the express or implied consent of the City, the City shall have, as its sole options, the right to either: (1) repair and restore said Premises, at the City’s sole cost and expense, to a condition similar to that existing as of the date of damage or destruction, excepting reasonable wear and tear; or (2) terminate this Agreement pursuant to Section 3(a) by giving District written notice of such termination, and surrender the Premises pursuant to Section 4. b. Should the Premises be damaged or destroyed by fire or any cause that is the fault of the City or the City Parties (as defined hereunder), or the fault of any person on or about the Premises with the express or implied consent of the City, the District may, in its sole discretion terminate this Agreement pursuant to Section 3(a) and the City shall surrender the Premises in accordance with Section 4. If the District does not, in its sole discretion, exercise its termination rights, this Agreement shall remain in full force and effect and the City shall repair and restore said Premises, at the City’s sole cost and expense, to a condition similar to that existing as of the date of such damage or destruction, excepting reasonable wear and tear.

21. Signage; Cooperation and Public Communications.
a. The Parties shall mutually agree on the design, content, and location of a park sign located on the Premises; however, the Parties agree that the City has the right, in its sole discretion, to post signage regarding park rules, regulations, public safety, and other public information of its choosing on the Premises. Upon expiration or termination of this Agreement, the City shall remove all signage posted by the City and shall restore the Premises to the condition existing prior to installation of the signage to the District’s reasonable satisfaction. All such signage shall be subject to compliance with all applicable laws at the City’s sole cost.
67 Item 7 C.

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b. The Parties understand and agree that the District’s grant of use and occupation of the Premises under this Agreement is intended to strengthen the continuing partnership between the City and the District with regard to the recreational and other opportunities made available to the public and community, including District students and families, through the City’s operation and management of the Premises as a public recreational park.

To that end, the Parties agree to cooperate in promoting their partnership in announcements and public communications concerning the Premises, in signage placed thereon by the Parties, and as the Parties may otherwise agree. At the District’s request, such announcements, public communications, and signage shall identify the District as the owner of the Premises.

22. Taxes and Assessments. Pursuant to Revenue and Taxation Code section 107.6, the City is hereby advised that by entering into this Agreement, a possessory interest subject to taxation may be created and that a property interest may be subject to property taxation if created, and that the Party in whom the possessory interest is vested may be subject to property taxes levied on the interest. All assessments assessed against or attributable to the Premises, any improvements or personal property placed upon the Premises by the City, at the inception date of this Agreement and assessed or falling due during the Term of this Agreement or any Renewal Terms thereof, shall be paid by the City. If the City fails to pay any taxes or assessments for which the City is responsible, before delinquency, the District shall have the option to pay such taxes or assessments and hold the City liable for indemnification of all such payments.

23. Indemnification; Limitation of Liability.
a. Without limitation of the City’s other indemnification obligations set forth in this Agreement, the City shall defend, indemnify, and hold harmless District and its agents, representatives, officers, consultants, employees, Board of Trustees, members of the Board of Trustees (collectively, the “District Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”), including but not limited to Claims for injury to or death of persons or damage to property or delay directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of the City, or its agents, contractors, subcontractors, employees, material or equipment suppliers, invitees, or licensees (collectively, the “City Parties”) in the performance of or failure to perform the City’s obligations under this Agreement, including, but not limited to the City’s use and occupation of the Premises, any work performed on the Premises or materials furnished to the Premises at the request of the City, or any 68 Item 7 C.

SF #4867-4355-0738 v2 15
persons or entities acting for or on behalf of the City, or breach of any of the representations or warranties contained in this Agreement by the City; except, however, the foregoing indemnification shall not apply to the extent that any such Claims arise as a result of the sole negligence or willful misconduct or omissions of the District or any person or entity under its direction or control. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this Section.
b. No individual employed by, or any elected or appointed official of, the District or the City will be personally liable in any manner or to any extent under or in connection with this Agreement. The City and the District and their respective successors and assigns hereby waive any and all such personal liability. Notwithstanding anything stated herein to the contrary, neither the District nor the City shall be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.
c. This Section 23 and all other indemnification provisions set forth in this Agreement including but not limited to those in Sections 6, 12, 17, 18, and 19, shall survive expiration or termination of this Agreement for any reason.

24. Insurance.
a. Coverage Required. The City shall, at its own cost and expense, secure and maintain at all times during the Term of this Agreement and any Renewal Terms thereof, with insurance companies acceptable to the District, the following insurance policies covering the Premises:
i. Public liability insurance for bodily injury, personal injury, and property damage, and including products and completed operation and non-owned and hired automobile coverage, with liability limits of not less than Two Million Dollars ($2,000,000) per occurrence, and Four Million Dollars ($4,000,000) in the aggregate. Such policy shall specifically state: “Coverage does not contain limitations of coverage or exclusions for molestation, sexual abuse, child abuse, or child endangerment.” Such policy shall not contain any exclusions and/or limitations of coverage for mental, physical, emotional and/or sexual abuse, including molestation.

ii. Automobile liability insurance for bodily injury, personal injury and property damage for vehicles owned, non-owned, or hired, with policy limits or not less than One Million Dollars ($1,000,000) combined single limit.
69 Item 7 C.

SF #4867-4355-0738 v2 16
iii. Property insurance for the Premises plus the value of the inventoried contents thereof, in an amount no less than One Million Dollars ($1,000,000) for the first year of the Term of this Agreement, which amount shall be adjusted annually by the percentage of change in the value of the Premises and the contents thereof. The Premises shall be insured on a replacement cost basis without regard for depreciation.
b. Insurance Provisions. Each of the policies required under this Section shall:
i. name the District as an additional insured and be provided on an occurrence basis;
ii. state that such policy is primary, and non-contributing with any other insurance carried by the District;
iii. state that the naming of an additional insured shall not negate any right the additional insured would have had as claimant under the policy if not so named; and
iv. state that not less than 30 calendar days written notice shall be given to the District before the cancellation or reduction of coverage or amount of such policy.
c. A certificate of insurance for each of the policies required under this Section shall be delivered to the District upon request. Each such certificate shall set forth the limits, coverage, and other provisions required under this Section.

25. Worker’s Compensation Insurance and Employer’s Liability Insurance. The City shall maintain statutory Worker’s Compensation insurance, including Employer’s Liability for coverage for no less than One Million Dollars ($1,000,000) per accident, disease, and annual aggregate. A certificate of insurance verifying that the City has such insurance in force shall be delivered to the District upon request.

26. District Insurance. At all times during the Term of this Agreement or any Renewal Terms hereof, the District shall maintain first party property insurance for the Premises. The City shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which will in any way increase the typical insurance rate for public parks or affect any property insurance or other insurance upon the Premises, (unless the District gives its prior approval and the City pays any increased premium as a result of such use or acts), or cause a cancellation of any insurance policy covering the Premises, nor shall the City sell 70 Item 7 C.

SF #4867-4355-0738 v2 17
or permit to be kept, used, or sold in or about the Premises any articles which may be prohibited by a standard form policy of property insurance.

27. Amendment of Settlement Agreement.

The Parties hereby agree to amend the Settlement Agreement to remove Paragraph 5 in its entirety and replace it to read as follows, and to seek court approval of such amendment of the Settlement Agreement as the District, in its sole and absolute discretion, determines to be necessary:

5. The City shall have the right to legally challenge the District’s compliance with the laws, rules, and regulations referenced in paragraph 4 solely with respect to Phase Two in accordance with any procedures set forth in said laws, rules, and regulations for asserting legal challenges. Notwithstanding the foregoing, the City hereby unconditionally waives its right to challenge the MND referenced in Recital D, as currently drafted, solely as to Phase Two should the District purport to rely on the MND for CEQA compliance relative to Phase Two implementation. The City does not waive its right to challenge any addendum, supplement or modification to the MND as to Phase Two should the District purport to rely on information not contained in the 2008 MND for CEQA compliance relative to Phase Two implementation.

28. Resolution of Disputes. In the event of a dispute between the Parties concerning this Agreement or the rights and duties of either Party under this Agreement, the Parties shall first attempt to resolve the dispute informally. If the Parties cannot reach a resolution, they shall attempt in good faith to settle the dispute through non-binding mediation. The Parties shall agree upon and select a mediator and share equally the costs and fees of mediation. Each party shall bear its own legal fees and costs. If the Parties are unable to resolve the dispute through nonbinding mediation, each Party may pursue its legal rights and remedies through any other legally permissible means, but neither Party may pursue any such legal remedy unless and until the Parties have engaged in at least one session of nonbinding mediation.

29. Review. The City and the District will meet regularly, and not less than annually, to review the Parties’ use of the Premises, and any necessary changes to such use, and to determine if mutually accepted revisions should be made to this Agreement.

30. Notices. All notices, certificates, or other communications hereunder shall be deemed given when personally delivered or mailed by certified mail, postage prepaid, to the Parties at the addresses set forth below:

To District:
71 Item 7 C.

SF #4867-4355-0738 v2 18
Soquel Union Elementary School District
620 Monterey Avenue
Capitola, CA 95010
Attn: Superintendent
To City:

City of Capitola
420 Capitola Avenue
Capitola, CA 95010
Attn: City Manager

31. Miscellaneous Provisions.
a. Amendment. This Agreement may be amended only in writing signed by both the City and the District. The Capitola City Council and the District Board of Trustees must approve this Agreement and any amendments or modifications thereto before any amendments and/or modifications become effective.
b. Applicable Law. This Agreement shall be governed by and interpreted under the laws of the State of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships exclusively within the State of California. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for Santa Cruz County.
c. Severability. If any provision of this Agreement is held invalid, void or unenforceable by a court of competent jurisdiction, but the remainder of the Agreement can be enforced without failure of material consideration to any Party, then this Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the Parties; provided, however, that if the invalidity or unenforceability of any provision of this Agreement results in a material failure of consideration, then the Party adversely affected thereby shall have the right in its sole discretion to terminate this Agreement upon providing written notice of such termination to the other Party.
d. Successors and Assigns. The terms and provisions of this Agreement shall extend to and be binding upon and inure to the benefit of the successors and permitted assigns of the respective Parties.
e. No Property Interest Created. This Agreement does not create any interest for the City in the Premises, or any property owned or maintained by the District and is not coupled with any property interest or other interest. 72 Item 7 C.

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f. Waiver. No waiver of default in any of the terms, covenants, or conditions in this Agreement shall be a waiver of any subsequent default of the same or any other terms, covenants or conditions herein contained. g. Future Assurances. Each of the Parties agrees to execute such further documents and take such further actions as may be reasonably necessary or appropriate to effectuate the terms of this Agreement. h. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement.

Facsimile signature pages transmitted to other Parties to this Agreement shall be deemed equivalent to original signatures on counterparts. i. Warranty of Authority. Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the Party indicated, and each of the Parties by signing this Agreement warrants and represents that such Party is legally authorized and entitled to enter into this Agreement.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the latest date written below.

CITY OF CAPITOLA SOQUEL UNION

ELEMENTARY SCHOOL

DISTRICT
________________________ ______________________
By: Jamie Goldstein By: Scott Turnbull
City Manager Superintendent
_____________, 20__ _____________, 20__
73 Item 7 C.

SF #4867-4355-0738 v2 20

EXHIBIT A
ASSESSOR’S PARCEL MAP (EXHBIT A-1) AND AERIAL PHOTO OF PROPERTY (EXHIBIT A-2) 74 Item 7 C.

SF #4867-4355-0738 v2 21
Exhibit A-2
75 Item 7 C.

SF #4867-4355-0738 v2 22

EXHIBIT B

PROJECTED COSTS FOR JADE STREET COMMUNITY CENTER

INFRASTRUCTURE AND ANCILLARY IMPROVEMENTS AS OF
NOVEMBER 2022

INFRASTRUCTURE IMPROVEMENTS
Item Cost Est
Exterior siding/roof/paint $ 120,000
Interior ADA – add single user restroom $ 210,000
Plumbing $ 240,000
HVAC $ 84,000
ADA Improvements $ 66,000
Total Infrastructure $ 720,000

ANCILLARY IMPROVEMENTS
Item Cost Est
Interior renovation (offices, closets, etc..) $ 50,000
Flooring $ 50,000
Partitions $ 125,000
Kitchen renovation $ 150,000
Replace doors/windows $ 250,000
Electrical upgrades (exterior power and interior service) $ 50,000 Restroom renovations $ 50,000
Total Other Projects $ 725,000
Total planned improvements $ 1,445,000
Design costs $ 216,750
Total planned building investment $ 1,661,750
Universal Design Outdoor Play Structure - site
improvements
$ 1,000,000
Total planned site investment $ 2,661,750
76 Item 7 C.

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EXHIBIT C

COMMUNITY CENTER INFRASTRUCTURE IMPROVEMENTS

REIMBURSEMENT SCHEDULE
Upon early termination of this Agreement by District pursuant to Section 3(b), District shall reimburse City for a percentage of the costs of the Community Center Infrastructure Improvements set forth in Exhibit B in accordance with the following Schedule, provided that: (1) the City has timely completed all of the Community Center Infrastructure Improvements listed in Exhibit B and in accordance with Sections 12 and 13 of the Agreement; and (2) the City has provided District with detailed invoices verifying the costs of each completed Community Center Infrastructure Improvement along with a full and complete set of as-built plans for all such completed Community Center Infrastructure Improvements. The City shall only be reimbursed for such verified costs.
2025 100% $720,000
2026 95% $684,000
2027 90% $648,000
2028 85% $612,000
2029 80% $576,000
2030 75% $540,000
2031 70% $504,000
2032 65% $468,000
2033 60% $432,000
2034 55% $396,000
2035 50% $360,000
2036 45% $324,000
2037 40% $288,000
2038 35% $252,000
2039 30% $216,000
2040 25% $180,000
2041 20% $144,000
2042 15% $108,000
2043 10% $72,000
2044 5% $36,000
2045 0% $0
77 Item 7 C.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Public Works Department
Subject: Environmental Projects Manager Job Description Recommended Action: Approve changes to the Environmental Projects Manager job description.

Background: The City Council approves job descriptions for all City job classifications. Any job description changes to classifications in employee groups also need to be reviewed by the appropriate employee group.

In anticipation of the upcoming vacancy of the Environmental Projects Manager position in December, staff evaluated the responsibilities of this classification within the Public Works Department to best meet current and future needs of the City.

Discussion: The Environmental Projects Manager is a professional public service role in the Public Works Department that plans, organizes, and manages a variety of environmental programs to ensure City’s compliance with Federal, State, and local environmental laws and regulations. The attached job description, last updated in 2014, is proposed to be update to reflect the essential functions and duties in relation to current practices and programs and in consideration of the recently updated Development Services Technician job description.

The Environmental Projects Manager classification is included in the Mid-Management bargaining unit and the proposed changes have been reviewed by the bargaining unit.

Fiscal Impact: Revision of the job description will have no fiscal impact.

Attachments:

1. Amended Environmental Projects Manager Job Description - redlined

2. Amended Environmental Projects Manager Job Description - clean version Report Prepared By: Jessica Kahn, Public Works Director Reviewed By: Julia Moss, City Clerk
Approved By: Jamie Goldstein, City Manager
78 Item 7 D.

CITY OF CAPITOLA

ENVIRONMENTAL PROJECTS MANAGER

SUPERVISION RECEIVED AND EXERCISED
 Receives executive direction from the Public Works Director.  May exercise functional and technical supervision over assigned staff.  Bargaining Unit: Mid-Management – FLSA Exempt

DISTINGUISHING CHARACTERISTICS
The Environmental Projects Manager is a professional-level classification responsible for a variety of environmental programs and projects in support of City services and operational activities.

The incumbent oversees daily program operations, reporting, and evaluation, and assists in reviewing the work performance of contractors.

ESSENTIAL DUTIES & RESPONSIBILITIES (May include, but are not limited to:) Coordinates and oversees the daily functions, operations, and activities of the City’s environmental programs and initiatives such as the stormwater and waste management programs, Soquel Creek Management plan, and riparian conservation and enhancement, and coordinates with other agencies on programs related regional environmental programs.

Develops and implements City programs, including those involving stormwater quality, watershed and water resource management, City Climate Action Plan; develops and implements and evaluates goals, objectives, policies and priorities for assigned projects and service areas; ensures that established goals and priorities are achieved.

Stays current with, interprets and applies federal, state and local regulations, codes and ordinances related to area of assignment, such as the Clean Water Act, Permitting for Soquel Creek Management Plan, California Environmental Quality Act, federal and California Endangered Species Acts, the National Environment Protection Act, National Pollutant Discharge Elimination System Program (NPDES), and other regulations related to groundwater and wastewater, storm water quality, and waste management.

Develops and maintains environmental monitoring and reporting programs; notes compliance violations and assists with remediation efforts; conducts field studies; may coordinate the performance of a variety of laboratory and field chemical, biological and bacteriological analyses to determine compliance with state and federal agency requirements; performs statistical analyses; adheres to quality assurance programs for all monitoring including laboratory analysis and instrumentation as well as field methods and instrumentation.

Prepares, organizes and maintains comprehensive databases, records and technical reports, correspondence, requests for proposals, contracts for professional services, brochures, advertisements, posters, and other materials; develops educational materials; writes and monitors grants. Compiles statistics; organizes and analyzes data.

Serves as staff liaison to the City’s Commission on the Environment; acts as liaison with government officials, businesses, private landowners, the public and other City staff; provides public outreach and education; makes presentations; serves as a technical resource; responds to questions and inquiries; coordinates pertinent information, resources and work teams necessary for accomplishing tasks; works closely with other departments and outside groups and agencies to coordinate plans for proposed projects and to respond to their concerns. May coordinate the work of volunteers and 79 Item 7 D.
interns.

Participates in the development of policies and procedures; recommends programs, projects and work assignments to higher level personnel; assists in the development or revision of policies, ordinances and codes relating to assigned duties; implements those policies and procedures.

Participates in the review of environmental, building and planning documents, environmental monitoring reports, biological assessments, environmental impact reports and permit applications.

MINIMUM QUALIFICATIONS
Knowledge:
 Principles, practices, and techniques of sustainability, conservation, source reduction, pollution prevention, energy efficiency, climate protection, recycling, stormwater and waste management, air quality, permitting, compliance, and enforcement in a public agency setting.  Applicable federal and state laws, codes, and regulations.  Environmental research, field survey protocols, and statistical evaluation principles and methods.  Methods and techniques of data collection, research, report preparation, writing, and presentation.  Office practices, methods and equipment, including using a computer for word processing and spreadsheets.
 Principles and practices of program development, administration, and evaluation.  Principles and practices of project management, budget development and administration, contract management, and record keeping.
 Principles and practices for management of projects, contracts, grants, and technical records.

Abilities:
 Oversee, plan, organize, conduct, coordinate, and implement projects and programs.  Learn more complex principles, practices, techniques, and regulations pertaining to assigned duties.
 Interpret, explain, apply, and ensure compliance with State, Federal and local laws, rules, regulations, policies, and procedures.
 Data collection, qualitative and quantitative analysis, and making appropriate recommendations.  Analyze and interpret large sets of laboratory, field, and/or statistical data.  Perform mathematical calculations.
 Conduct research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.
 Read and interpret maps, sketches, drawings, specifications and technical manuals.  Adjust standard operating procedures to improve effectiveness and comply with regulatory changes as appropriate.
 Participate in the establishment of section, division, and/or department goals, objectives and methods for evaluating achievement and performance levels.  Assist with budget development and monitoring.
 Plan, organize, and direct work of assigned staff.
 Communicate clearly and concisely, both orally and in writing.  Follow written and oral directions.
 Work independently, as well as in a team context.
 Observe safety principles and work in a safe manner.
 Establish and maintain effective working relationships with representatives of community organizations, private landowners, state, federal, and local agencies and associations, City staff, the general public and other stakeholders.
 May safely and effectively operate the tools and equipment used in environmental fieldwork, sampling and/or laboratory testing and analysis.
 May calibrate and maintain environmental sampling and monitoring equipment. 80 Item 7 D.
 May collect a variety of samples in the field.

OTHER REQUIREMENTS
Willingness to work occasional evenings and weekends, as assigned. Willingness to attend off- site meetings and training sessions, such as basic health and safety training related to hazardous materials and waste, as required.

REQUIRED EDUCATION AND EXPERIENCE
Any combination of education and experience that provides the above knowledge, skills, and abilities combined with any required licenses or certificates is qualifying. A typical way to obtain the required qualifications is to possess the equivalent of the following:

1. Bachelor's degree in engineering, environmental science, environmental studies, planning or a related field; or

2. Two years of experience in the coordination of environmental programs, environmental compliance programs, or related areas.

3. Possession and continued maintenance of a valid California class C driver’s license and a safe driving record.

DESIRABLE QUALIFICATIONS
For Storm Water, California State Water Resource Control Board approved training as defined by the California Storm Water Quality Association (CASQA) for individuals intending to become Qualified SWPPP Practitioners (QSP), or Qualified SWPPP Developers (QSD)

ENVIRONMENTAL AND WORKING CONDITIONS
Position requires sitting, standing, walking on level, uneven and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping and making repetitive hand movements in the performance of daily duties. The position also requires near, far and color vision when collecting and analyzing samples. The need to lift, carry, and push tools, equipment and supplies weighing 25 pounds is also required. Additionally, the incumbent may be exposed to biohazards and a variety of working conditions, including mechanical, electrical and water - related hazards, loud noises when collecting samples and performing field inspections and surveys. The incumbent may work in adverse weather conditions, including wet, heat and cold, when collecting samples or performing inspections. The incumbent may use cleaning and lubricating chemicals or work in an environment that may involve exposure to fumes, dust and air contaminants. The nature of the work also requires the incumbent to climb ladders and steep slopes. The incumbent may be required to occasionally work evenings and weekends. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Orig: 5/30/13; Rev. 3/13/14, 11/22/22
81 Item 7 D.

CITY OF CAPITOLA

ENVIRONMENTAL PROJECTS MANAGER

DEFINITION
Under the general direction and oversight of the Public Works Director, the Environmental Projects Manager plans, organizes, and manages a variety of environmental programs to ensure City’s compliance with Federal, State, and local environmental laws and regulations related to stormwater, waste, greenhouse gas, and other environmental issues; acts as Staff Liaison with various commissions, advisory boards, and outside agencies engaged in issues related to waste management, clean water, sustainability, and the environment; and provides complex and responsible support to management in areas of expertise; and performs other duties as assigned. oversees, monitors, coordinates and manages one or more environmental programs in support of City services and operational activities, such as the storm water program, Soquel Creek Management plan, riparian conservation and enhancement projects, and coordinates with other agencies on programs related to drinking water, and wastewater programs. This position will also manage Public Works improvement projects as directed, collect samples, perform inspections and field and laboratory tests and analysis. Further duties will include performing research and analysis, writing reports, grants, correspondence and a variety of other materials; developing, implementing and administering programs; performing public outreach regarding assigned programs; and, performing other related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED  Receives executive direction from the Public Works Director.  May exercise functional and technical supervision over assigned staff.  Bargaining Unit: Mid-Management – FLSA Exempt

DISTINGUISHING CHARACTERISTICS
The Environmental Projects Manager is a professional-journey-level classification responsible for a variety of environmental programs and projects in support of City services and operational activities. The incumbent oversees daily program operations, reporting, and evaluation, and assists in reviewing the work performance of contractors.

ESSENTIAL DUTIES & RESPONSIBILITIES (May include, but are not limited to: ) Coordinates and oversees the daily functions, operations, and activities of the City’s environmental programs and initiativesManages, oversees, monitors, conducts and coordinates one or more environmental programs and Public Works projects in support of City services and operational activities, such as the storm water and waste management programs, Soquel Creek Management plan, and riparian conservation and enhancement project, and coordinates with other agencies on programs related to drinking water, and wastewaterregional environmental programs.

Develops and implements City programs, including those involving storm water quality, watershed and water resource management, City Climate Action Plan; develops and implements and evaluates goals, objectives, policies and priorities for assigned projects and service areas; ensures that established goals and priorities are achieved.

Serves as staff liaison to the City’s Commission on the Environment; aActs as liaison with government officials, businesses, private landowners, the public and other City staff; provides public outreach and education; makes presentations; serves as a technical resource; responds to questions and inquiries; coordinates pertinent information, resources and work teams necessary for accomplishing tasks; works closely with other departments and outside groups and agencies to coordinate plans for proposed projects and to respond to their concerns. May coordinate the work of volunteers and interns.

Participates in the review of environmental, building and planning documents, environmental monitoring reports, biological assessments, environmental impact reports and permit applications.

MINIMUM QUALIFICATIONS
Knowledge:  Principles, practices, and techniques of sustainability, conservation, source reduction, pollution prevention, energy efficiency, climate protection, recycling, stormwater and waste management, air quality, permitting, compliance, and enforcement in a public agency setting.Principles, practices, and terminology of environmental programs related to the area of assignment.  Applicable federal and state laws, codes, and regulations.  Natural resource management.  Environmental research, field survey protocols, and statistical evaluation principles and methods.  Basic statistics.  Methods and techniques of data collection, research, report preparation, writing, and presentation.  Methods and techniques for record keeping and report preparation and writing.  Office practices, methods and equipment, including using a computer for word processing and spreadsheets.  Principles and practices of program development, administration, and evaluation.  Nonpoint source water pollution and erosion control/sedimentation best management practices.

The following apply for all positions except for those assigned to Water Resources:  Principles and practices of project management, budget development and administration, contract management, and record keeping.  Methods and techniques of budget development and monitoring.  Principles and practices for management of projects, contracts, grants, and technical records.  Grant writing and administration.

Abilities:  Oversee, plan, organize, conduct, coordinate, and implement projects and programs.  Learn more complex principles, practices, techniques, and regulations pertaining to assigned duties.  ImplementInterpret, explain, and apply applicable laws, codes, and regulations., and ensure compliance with State, Federal and local laws, rules, regulations, policies, and procedures.  Data collection, qualitative and quantitative analysis, and making appropriate recommendations.  Analyze and interpret large sets of laboratory, field, and/or statistical data.  Perform mathematical calculations.  Conduct research projects, evaluate alternatives, make sound recommendations, and prepare 83 Item 7 D.
effective technical staff reports.  Write and compile effective technical and administrative reports.  Read, interpret, and record data accurately.  Read and interpret maps, sketches, drawings, specifications and technical manuals.  Adjust standard operating procedures to improve effectiveness and comply with regulatory changes as appropriate.  Participate in the establishment of section, division, and/or department goals, objectives and methods for evaluating achievement and performance levels.  Assist with budget development and monitoring.  Plan, organize, and direct work of assigned staff.  Communicate clearly and concisely, both orally and in writing.  Follow written and oral directions.  Work independently, as well as in a team context.  Observe safety principles and work in a safe manner.  Establish and maintain effective working relationships with representatives of community organizations, private landowners, state, federal, and local agencies and associations, City staff, the general public and other stakeholders.  May safely and effectively operate the tools and equipment used in environmental fieldwork, sampling and/or laboratory testing and analysis.  May calibrate and maintain environmental sampling and monitoring equipment.  May collect a variety of samples in the field.

1. Bachelor's degree in engineering, environmental science, environmental studies, planning or a related field; or

2. Two years of experience in the coordination of environmental programs, environmental compliance programs, or related areas.

3. Possession and continued maintenance of a valid California class C driver’s license and a safe driving record.

ENVIRONMENTAL AND WORKING CONDITIONS
Position requires sitting, standing, walking on level, uneven and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping and making repetitive hand movements in the performance of daily duties. The position also requires near, far and color vision when collecting and analyzing samples. The need to lift, carry, and push tools, equipment and supplies weighing 25 pounds is also required. Additionally, the incumbent may be exposed to biohazards and a variety of working conditions, including mechanical, electrical and water - related hazards, loud noises when collecting samples and performing field inspections and surveys. The incumbent may work in adverse weather conditions, including wet, heat and cold, when collecting samples or performing inspections. The incumbent may use cleaning and lubricating chemicals or work in an environment that may involve exposure to fumes, dust and air contaminants. The nature of the work also requires the incumbent to climb ladders and steep slopes. The incumbent may be 84 Item 7 D.
required to occasionally work evenings and weekends. Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

Orig: 5/30/13; Rev. 3/13/14
85 Item 7 D.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Community Development Department
Subject: Second Reading of an Ordinance Amending Chapter 15.04 of the Capitola Municipal Code Pertaining to Building and Fire Code Recommended Action: Pass an Ordinance amending Municipal Code Chapter 15.04, pertaining to building and fire codes.

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

On November 11, 2022, the City Council unanimously approved the first reading of the draft ordinance to amend Municipal Code Chapter 15.04.

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

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

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

Fiscal Impact: None
Attachments:

1. Draft Ordinance

2. State of CA 2022 Title 24 Code Changes
Report Prepared By: Robin Woodman, Building Official
Reviewed By: Chloé Woodmansee, Assistant to the City Manager; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
86 Item 7 E.

DRAFT ORDINANCE NO. ______

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

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

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

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

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

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

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

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

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

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

G. The 2019 2022 California Referenced Standards Code.

H. The California Energy Code, 2019 2022 edition.

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

J. The California Administrative Code, 2019 2022 edition.

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

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

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

SECTION 3. Section 15.04.050 Modifications to the California Building Code. 87 Item 7 E.

Building and Fire Code Ordinance Adoption
November 22, 2022
A. The following local geologic conditions justify modifications to California Building Standards Code as detailed in subsection B:

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

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

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

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

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

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

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

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

Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete footings with at least two continuous longitudinal reinforcing bars not smaller than No. 4 88 Item 7 E.

Building and Fire Code Ordinance Adoption
November 22, 2022
are permitted to have a total area of less than 0.002 times the gross crosssectional area of the footing.

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

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

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

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

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

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

In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story single family dwellings and accessory structures.
89 Item 7 E.

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November 22, 2022
Add the “e” footnote notation in the title of Table R602.10., after the four footnotes currently shown, to read:

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

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

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

Section 104.4.3 is deleted and replaced with the following:

Section 104.4.3.1 is Deleted
90 Item 7 E.

Building and Fire Code Ordinance Adoption
November 22, 2022
SECTION 7. This Ordinance shall take effect and be in full force thirty (30) days after its final adoption by the City Council.

This Ordinance was introduced on the 10th day of November, 2022, and 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:

APPROVED:
________________________
Sam Storey, Mayor
ATTEST:
________________________
Julia Moss, City Clerk
91 Item 7 E.

Capitola City Council
Agenda Report
Meeting: November 22, 2022
From: Community Development Department
Subject: Second Reading of an Ordinance Amending Chapter 17 of the Capitola Municipal Code pertaining to Zoning and Amending the Zoning Map and the Coastal Land Use Plan Map
Recommended Action: 1) Pass an Ordinance amending Title 17: Zoning of Capitola Municipal Code, amending the Capitola General Plan land use map, and amending the Capitola Zoning Map, and 2) Adopt the proposed resolution authorizing submittal to the California Coastal Commission for Certification of amendment to the Local Coastal Program including modifications to the LCP Implementation Plan, Zoning Map, and the Coastal Land Use Plan Map (General Plan Land Use Map).

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

However, that approval specifically excluded all sections relating to the proposed Monarch Cove Inn policy changes to convert the property from the Visitor Serving zone to a Single-Family base zone with a Visitor Serving Overlay. During the hearing, several Coastal Commissioners were receptive to the request to change the zoning, and no Commissioners declared opposition. The Coastal staff maintained their position and noted loss of Visitor Serving resources, iconic views, and lack of replacement resources as justification for maintaining the property as Visitor Serving. Ultimately, discussion concluded in advising the Monarch Cove Inn owner and the City of Capitola to bring the proposal back before the Coastal Commission as a separate item for consideration.

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

Other changes are proposed to improve code organization or address new issues that have arisen since the updated code was adopted. Also, the prior amendments related to the Monarch Cove Inn are being resubmitted with additional economic analysis, as requested by Coastal Commission staff.

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

On November 11, 2022, the City Council unanimously approved the first reading of the ordinance.

Discussion: The proposed amendments include edits to the following Zoning Code chapters:
 17.16: Residential Zoning Districts
 17.20: Mixed Use Zoning Districts
 17.24: Commercial and Industrial Zoning Districts
 17.28: Visitor Serving Overlay Zone
 17.30 Visitor Serving District – Monarch Cove Inn
 17.48: Height, Setbacks, and Floor Area
 17.72: Landscaping
 17.74: Accessory Dwelling Units
 17.76: Parking and Loading
 17.80: Signs
 17.96: Supplemental Standards
 17.20: Design Permits
 17.36: Minor Modifications
92 Item 7 F.
 17.160: Glossary
The proposed ordinance is Attachment 1. The ordinance will not take effect in the Coastal Zone until certified by the California Coastal Commission. A resolution authorizing submittal to the California Coastal Commission for certification is included as Attachment 2. When submitting a certification application to Coastal Commission, analysis of how the amendment is in conformity with and adequate to carry out the certified Land Use Plan must be included. Attachment 4 is the LCP consistency analysis.

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

Attachments:

1. Proposed Ordinance & Exhibit

2. Resolution to Authorize Submittal to California Coastal Commission

3. General Plan Land Use Map amendment

4. LCP Consistency Analysis
Report Prepared By: Katie Herlihy, Community Development Director Reviewed By: Julia Moss, City Clerk; Samantha Zutler, City Attorney Approved By: Jamie Goldstein, City Manager
93 Item 7 F.

Page 1 of 2 ends

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF CAPITOLA TO ADOPT AMENDMENTS TO MUNICIPAL CODE TITLE 17 (ZONING)
WHEREAS, on October 12, 2020 the City of Capitola adopted a comprehensive Zoning Code update that applied to areas outside of the coastal zone; and WHEREAS, on April 15, 2021 the Coastal Commission certified the Zoning Code resulting in the updated code applying throughout the city, including in the coastal zone; and
WHEREAS, on April 15, 2021 the Coastal Commission did not certify proposed amendments to the Zoning Code and Zoning Map to change the Monarch Cove Inn property from a Visitor Serving base zone to R-1 Single-Family Residential base zone with a Visitor Serving overlay zone;
WHEREAS, on April 15, 2021 the Coastal Commission advised the Monarch Cove Inn owner and the City of Capitola to bring the proposed Monarch Cove Inn amendments back before the Coastal Commission as a separate item for consideration; WHEREAS, since the updated Zoning Code was adopted and certified by the Coastal Commission, City staff has identified a number of needed amendments to the Zoning Code to correct drafting errors, resolve ambiguities, improve code organization, and address new issues that have arisen since the updated code was adopted; and WHEREAS, at duly notice public hearings on October 20 and November 3, 2022, the Planning Commission reviewed the proposed Zoning Code amendments, including the proposed Monarch Cove amendments; and
WHEREAS, on November 3, 2022, the Planning Commission recommended to the City Council adoption of the proposed Zoning Code amendment; and WHEREAS, the City Council adopted Resolution No. __ - 2022 to amend the General Plan Land Use Map to change the Monarch Cove Inn land use designation from Visitor Serving to Single-Family Residential with Visitor Serving Overlay.

BE IT ORDAINED by the City of Capitola as follows:

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

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

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

Section 4: Environmental Review.

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 Sections 15061(b)(3), the common sense exception that 94 Item 7 F.

Page 2 of 2 ends

CEQA applies only to projects which have the potential for causing a significant effect on the environment and 15183, projects consistent with a community plan, general plan or zoning.

Section 5: Effective Date.

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

Section 6: Severability.

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.

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 22nd day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sam Storey, Mayor
Attest:

Julia Moss, City Clerk
95 Item 7 F.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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Chapter 17.16

RESIDENTIAL ZONING DISTRICTS
Sections:

17.16.010 Purpose of the residential zoning districts.

17.16.020 Land use regulations.

17.16.030 Development standards.

17.16.010 Purpose of the residential zoning districts.

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

B. Specific.

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

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

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

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

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

17.16.020 Land use regulations.

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

Table 17.16-1: Permitted Land Uses in the Residential Zoning Districts Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses
Duplex Homes – P –
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Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Elderly and Long-Term Care – C –
Group Housing – P –
Mobile Home Parks – C P [1] Chapter 17.100
Multifamily Dwellings – P –
Residential Care Facilities, Small P P C [2]
Residential Care Facilities, Large C C C [2] Section 17.96.080 Accessory Dwelling Units A/C A/C [4] – Chapter 17.74
Single-Family Dwellings P P C [2]
Public and Quasi-Public Uses
Community Assembly C C C
Day Care Centers C C C
Home Day Care, Large M M M Section 17.96.070
Home Day Care, Small P P P
Parks and Recreational Facilities – C C
Public Pathways and Coastal Accessways C C C
Schools, Public or Private – C C
Commercial Uses
Bed and Breakfast C C –
Vacation Rentals See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C C
Utilities, Minor P P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures P [3] P [3] P [3] Chapter 17.52 Home Occupation A A A Section 17.96.040
Temporary Uses and Structures M M – Section 17.96.180
Urban Agriculture
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Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Home Gardens P P P
Community Gardens M M M
Urban Farms C C C
Notes:
[1] May include offices incidental and necessary to conduct a mobile home park use. [2] Permitted on the mobile home park parcel or on a separate parcel of no less than five thousand square feet. [3] An accessory structure that exceeds the development standards of Chapter 17.52 requires a conditional use permit. [4] Permitted only when there is one single-family dwelling on the parcel.

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

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

17.16.030 Development standards.

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

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

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

RM-M: 2,900 sq. ft.

RM-H: 2,200 sq. ft.

Parking and Loading See Chapter 17.76
Structure Requirements
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R-1 RM Additional Standards
Setbacks, Minimum Sections 17.48.030(B)(2) through (6)
Front Ground floor: 15 ft.

Garage: 20 ft.

Second story: 20 ft.

Main structure: 15 ft.

Garage: 20 ft.

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

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

RM-M: 30 ft.

RM-H: 35 ft.

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

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

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

Table 17.16-3: Maximum Floor Area Ratio in the R-1 Zoning District Lot Size Maximum FAR
2,650 sq. ft. or less 0.58
2,651 to 3,250 sq. ft. 0.57
3,251 to 3,500 sq. ft. 0.56
3,501 to 3,750 sq. ft. 0.55
3,751 to 4,000 sq. ft. 0.54
4,001 to 4,250 sq. ft. 0.53
4,251 to 4,500 sq. ft. 0.52
4,501 to 4,750 sq. ft. 0.51
4,751 to 5,000 sq. ft. 0.50
5,001 to 6,000 sq. ft. 0.49
More than 6,000 sq. ft. 0.48
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2. Front Setbacks in Riverview Terrace. Within the areas shown in Figure 17.16-1, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. The reduced front setback shall in all cases be no less than ten feet.

Figure 17.16-1: Riverview Terrace

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3. Wharf Road Reduced Setback. For properties on the east side of Wharf Road from 1820 Wharf Road to 1930 Wharf Road, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. 101
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4. Garage Setbacks.
a. Attached garages shall be set back a minimum of five feet behind the front or street side building wall of the primary structure. The planning commission may reduce this minimum setback to three feet in sidewalk exempt areas.
b. Required setbacks for detached garages are identified in Chapter 17.52 (Accessory Structures and Uses).

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

Figure 17.16-2: Reverse Corner Lot Rear Setback

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

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Figure 17.16-3: Second-Story Setback Exception

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

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

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

10. Outdoor Kitchens. On a lot occupied by a single-family home, an outdoor kitchen is permitted in addition to an indoor kitchen. Outdoor kitchens shall comply with the following standards:
a. The kitchen may include gas, electric and plumbing.
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b. Electric service may not be 220 volts.
c. Drain size may not exceed that allowed for a mini-bar. d. The kitchen may project into the rear setback area as provided in Table 17.48-3.

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

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

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

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

17.16-4 and Figure 17.16-4.

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

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

Minimum horizontal dimension 4 ft.

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

Figure 17.16-4: Private Open Space

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

4. Upper-Level Decks and Balconies.
a. For parcels that abut the R-1 zoning district, second story decks and balconies must comply with the standards in Sections 17.16.030.B.10 (Second Story Decks and Balconies) and 17.82.080.B.5 (Neighbor Privacy)
b. Roof decks must comply with the following standards:
i. Roof decks are not permitted on parcels that abut the R-1 zoning district. ii. Roof decks require a Design Permit.
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iii. Roof decks may provide up to 50 percent of the minimum required common open space specified in Section 17.16.030.C.2.
iii. Where permitted, a roof deck must be setback at least 5 feet from the building wall closest to the property line.
iv. Railings to accommodate a roof deck may project 42 inches above the maximum building height in cases where the roof deck provides open space for residents. v. Other than as needed to provide for roof access, no permanent structure that has a solid roof and/or is enclosed on two or more sides may be placed on or attached to a roof deck. Fully transparent glass wind barriers are allowed.
vi. Roof decks may not be placed on building features that project above the maximum building height permitted in the zoning district.

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

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

Interior
Side
10 ft.

Exterior
Side
10 ft.

Rear 20 ft.

Notes:
[1] Applies to overall mobile home park area, not sites for individual units. [2] For vacant property rezoned to MH, the minimum lot area is five acres. For existing mobile home parks, the minimum parcel size is five acres or the existing parcel size, whichever is less.
[3] Applies only to the perimeter of the mobile home park, not to sites and structures within the interior of the park. 107
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Chapter 17.20

MIXED USE ZONING DISTRICTS
Sections:

17.20.010 Purpose of the mixed use zoning districts.

17.20.020 Land use regulations.

17.20.030 Development standards – Mixed use village zoning district.

17.20.040 Development standards – Mixed use neighborhood zoning district.

17.20.010 Purpose of the mixed use zoning districts.

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

B. Specific.

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

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

17.20.020 Land use regulations.

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

Table 17.20-1: Permitted Land Uses in the Mixed Use Zoning Districts Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses Section 17.20.020(B), (C) and (E)
Duplex Homes –/P [1] P
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Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Elderly and Long-Term Care C [2] [6] C
Group Housing C [2] [6] C
Multifamily Dwellings –/P [1] [6] C
Residential Care Facilities, Small and Large See Section 17.20.020(F) Residential Care Facilities, Large C [2] [6] C Section 17.96.080 Residential Mixed Use See Sections

17.20.020(D) and (E)
[6]
C
Accessory Dwelling Units A– A/C Chapter 17.74
Single-Family Dwellings –/P [1] P
Public and Quasi-Public Uses
Community Assembly C C
Cultural Institutions C C
Day Care Centers M M
Government Offices P/C [4] M [5]
Home Day Care, Large M M Section 17.96.070
Home Day Care, Small P P
Medical Offices and Clinics – M [5]
Parks and Recreational Facilities C C
Public Pathways and Coastal Accessways C C
Public Safety Facilities C C
Schools, Public or Private – C
Commercial Uses Section 17.20.020(E)
Alcoholic Beverage Sales C C
Banks and Financial Institutions C P/C [3] [5]
Commercial Entertainment and Recreation C C
Eating and Drinking Places
Bars and Lounges C C
Restaurants and Cafes C C
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Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Take-Out Food and Beverage M M
Gas and Service Stations – –
Lodging
Bed and Breakfast C C
Hotels and Motels C C
Personal Services P P/C [3] [5]
Professional Offices P/C [4] M [5]
Retail P P/C [3] [5]
Vacation Rental See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C
Utilities, Minor P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures See Chapter 17.52 Chapter 17.52 Home Occupations A A Section 17.96.040
Permanent Outdoor Display (Accessory Use) – C Section 17.96.100 Temporary Uses and Structures See Section 17.96.180
Urban Agriculture
Home Gardens P P
Community Gardens M M
Urban Farms C C
Notes:
[1] Allowed only in the village residential (-VR) overlay zone. Exclusively residential uses are not allowed outside of the -VR overlay zone. [2] Allowed only on the second or third story of a mixed use development outside of the -VR overlay zone. Allowed on any story in the -VR overlay zone.
[3] Larger than three thousand square feet requires a conditional use permit. [4] Second-floor uses permitted by right. Ground-floor uses require a conditional use permit. Prohibited third floor and above. 110
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[5] Conditional use permit required for parcels fronting Capitola Road. [6] Residential uses are prohibited on the former Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10).

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

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

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

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

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

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

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

17.20.030 Development standards – Mixed use village zoning district.

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

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

Max: 15 ft.

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

Max: 15 ft.

Height, Maximum 27 ft. Section 17.20.030(B) and (C)
Section 17.48.020
Chapter 17.88
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MU-V Additional Standards
Accessory Structures See Chapter 17.52
Note:
[1] Twenty percent of lot depth for residential use on parcel.

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

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

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

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

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

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

Figure 17.20-2: Build-To Line – MU-V Zoning District
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2. Front setback areas shall be pedestrian oriented and contain semi-public amenities such as courtyards or outdoor seating areas.

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

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

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

Figure 17.20-3: Building Orientation

2. Blank Walls. The maximum length of an unarticulated/blank building wall fronting a public street shall be ten feet. See Figure 17.20-4. Building articulation may be provided by:
a. Doors, windows, and other building openings;
b. Building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest;
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c. Varying wall planes, heights or contrasting materials; and d. Awnings, canopies or arcades to reinforce the pedestrian scale and provide shade and cover from the elements.

Figure 17.20-4: Blank Wall Limitations

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

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

Figure 17.20-5: Storefront Width

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

Figure 17.20-6: Storefront Transparency
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b. Exceptions to this transparency requirement may be allowed with a design permit if the planning commission finds that:
i. The proposed use has unique operational characteristics which preclude building openings, such as for a cinema or theater; and
ii. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

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

Figure 17.20-7: Parking Location
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6. Driveways and Curb Cuts.
a. The maximum width of a new driveway crossing a public sidewalk may not exceed forty percent of the parcel width or twenty feet, whichever is less. The community development director may approve an exception to this standard in the case of shared or joint use of driveways and parking lots. b. New curb cuts, where allowed, shall be located and designed to maximize safety and convenience for pedestrians, bicycles and mass transit vehicles, as determined by the community development director.

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

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

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

9. Landscaping. See Section 17.72.050(B).

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

17.20.040 Development standards – Mixed use neighborhood zoning district.

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

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

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

Parcel Width, Minimum [1] 40 ft.

Parcel Depth, Minimum [1] 80 ft.

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

Section 17.20.040(C)
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Zoning District
MU-N Additional Standards
Rear 10 ft. min. from property line [2] [3] [4]
Interior Side 10% of lot width [3] [4]
Street Side Min: 0 ft. from property line or 10 ft. from curb, whichever is greater [3]
Max: 25 ft.

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

B. Building Orientation.

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

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

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

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

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

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

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

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

F. Driveways and Curb Cuts.

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

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

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

G. Landscaping. See Section 17.72.050(B).

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

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

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

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

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Figure 17.20-9: Capitola Road MU-N Subject to Special Standards 119
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(Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.24

COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:

17.24.010 Purpose of the commercial and industrial zoning districts.

17.24.020 Land use regulations.

17.24.030 Development standards.

17.24.040 Residential mixed use development in commercial zoning districts.

17.24.010 Purpose of the commercial and industrial zoning districts.

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

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

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

17.24.020 Land use regulations.

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

Table 17.24-1: Permitted Land Uses in Commercial and Industrial Zoning Districts Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses
Single-Family Dwellings – – –
Multifamily Dwellings C [9] C [9] –
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Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Mixed Use C C [7] – Section 17.24.040
Accessory Dwelling Unit A A - Chapter 17.74
Public and Quasi-Public Uses
Colleges and Trade Schools C C C
Community Assembly C C –
Cultural Institutions C C –
Day Care Centers C C –
Emergency Shelters – – P Section 17.96.030
Government Offices See 17.24.020(C) C
Home Day Care P P P
Medical Offices and Clinics See 17.24.020(C) –
Public Paths and Coastal Accessways C C C
Public Safety Facilities C C C
Commercial Uses
Alcoholic Beverage Sales C C C
Banks P [2] P [2] –
Car Wash C C -
Financial Institutions P [2] P [2] – Section 17.24.020(C) Business Services P [2] P [2] P
Commercial Entertainment and Recreation M M –
Drive-Through Facilities – C [4] –
Eating and Drinking Establishments
Bars and Lounges C C C
Mobile Food Vendors – A [6]/C A [6]/C
Restaurants and Cafes M [2] M [2] C
Take-Out Food and Beverage M [2] M [2] –
.Food Preparation M [2] – P
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Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Gas and Service Stations C C –
Liquor Stores C C –
Lodging
Bed and Breakfast C – –
Hotel C C –
Maintenance and Repair Services M C P
Personal Services P [1] P [1] –
Professional Offices See 17.24.020(C) P
Salvage and Wrecking – – P
Self-Storage C – C Section 17.96.140
Retail P [11] P [11] –
Retail Cannabis Establishment C [10] Section 17.24.020(D) Vehicle Repair C C P
Vehicle Sales and Rental C [5] C [5] –
Vehicle Sales Display Room [8] P P –
Wholesaling – M [3] P
Heavy Commercial and Industrial Uses
Construction and Material Yards – – P
Custom Manufacturing M M P
Light Manufacturing – – P
Warehousing and Distribution – – P
Transportation, Communication, and Utility Uses
Utilities, Major – C C
Utilities, Minor P P P
Recycling Collection Facilities C C C Section 17.96.130 Wireless Communications Facilities See Chapter 17.104
Other Uses
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Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Accessory Uses See Chapter 17.52
Home Occupations A A – Section 17.96.040
Permanent Outdoor Display C C C Section 17.96.100
Temporary Uses See Section 17.96.180
Urban Agriculture
Home Garden P P –
Community Garden M M –
Urban Farm C C –
Notes:
[1] Combination of two or more tenant suites within a multi-tenant building or greater than five thousand square feet requires minor use permit. [2] Combination of two or more tenant suites within a multi-tenant building or greater than five thousand square feet requires conditional use permit.
[3] Without stock. Storage of merchandise limited to samples only. [4] Prohibited within one hundred feet of a residential zoning district or residential use including residential properties outside the city limits.

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

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

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

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

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

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

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

1. Permit Requirements.
a. Cannabis Retail License. Prior to conditional use permit application, an applicant shall obtain a potential retail cannabis license from the city, as outlined in Chapter 5.36. b. Conditional Use Permit. A retail cannabis establishment must obtain a conditional use permit from the planning commission. The retail cannabis establishment shall be in compliance with the following standards:
i. Distance from Schools and Churches. Retail cannabis establishments are not permitted within a path of travel of one thousand feet from any schools and churches. The path of travel shall be measured following the shortest path of travel along a public right-of-way from the property line of the proposed retail cannabis establishment parcel to the church or school. ii. Distance Between Retail Cannabis Establishments. A retail cannabis establishment shall not be located within a path of travel of five hundred feet of another retail cannabis establishment. Path of travel is measured from the retail establishment suite on a multi-tenant property or the structure for a single-tenant property.
iii. Independent Access. A retail cannabis establishment shall have an independent exterior entrance that is not shared with any other business or residence. iv. Signs. Notwithstanding other sections of the code for signs, a retail cannabis establishment shall be limited to one exterior building sign per business location to identify the business as a retail cannabis 125
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establishment in compliance with the following standards:
(A) Sign may include only the name of business and one green cross. (B) Sign area maximum of fifteen square feet, or one square foot per linear frontage of the business; whichever is less.
(C) Sign may not have any reference, through symbols or language, to cannabis with the exception of one green cross.
(D) Sign shall not be directly illuminated except during operating hours. (E) Sign shall otherwise be subject to planning commission review through a sign permit application in accordance with Chapter 17.132.

17.24.030 Development standards.

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

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

Parcel Width, Minimum 50 ft.

Parcel Depth, Minimum 100 ft.

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

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

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

Street Side See Section 17.24.030(C) 0 ft.

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

1. Maximum height: thirty-five feet.

2. Minimum rear setback: forty feet.

3. Enhanced Application Review. A proposed project with a height greater than two stories shall comply with 126
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the following enhanced application review procedures:
a. Conceptual Review.
i. Prior to consideration of a formal application, the planning commission and city council shall provide conceptual review of a proposed project in accordance with Chapter 17.114 (Conceptual Review).

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

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

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

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

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

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

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

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

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

Figure 17.24-3: Residential Transitions – Daylight Plane 128
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3. Landscaping. A landscaped planting area, extending a minimum of ten feet from the property line, shall be provided along all residential property lines. A tree screen shall be planted in this area with trees planted at a minimum interval of fifteen feet.

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

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

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

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

17.24.040 Residential mixed use development in commercial zoning districts.

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

B. Standards.

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

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

3. Building Orientation. Buildings shall be oriented towards a public street with the primary entrance to the site or building directly accessible from an adjacent sidewalk. The planning commission may allow buildings and their primary entrances to be oriented toward a public space. The primary entrance to a building shall not be 129
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oriented towards surface parking.

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

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

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

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

Figure 17.24-4: Storefront Transparency

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

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

9. Parking Location. No more than ten percent of off-street retail parking may be provided along the side of retail as “teaser” parking. The remainder of the parking shall be behind the building or in underground/structured parking. See Figure 17.24-5.
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10. Driveways and Curb Cuts. Pedestrian and vehicle conflicts shall be minimized by limiting the number of curb cuts to two per block and the width of curb cuts to twenty-four feet where feasible. To the extent possible, curb cuts shall be designed so pedestrian curb ramps are limited and pathways remain level as they cross the vehicle route.

Figure 17.24-5: Residential Mixed Use – Teaser Parking
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Chapter 17.28

VISITOR SERVING OVERLAY ZONE
Sections:

17.28.010 Purpose of the visitor serving overlay zone.

17.28.020 Land use regulations.

17.28.030 Development standards.

17.28.010 Purpose of the visitor serving overlay zone.

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

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

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

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

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

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

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

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

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

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Figure 17.28-1: Visitor Serving Districts
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(Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.28.020 Land use regulations.

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

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

17.104

Other Uses
Access Roadways C C C C C
Accessory Structures and Uses, New C [7] C C C C
Accessory Structures and Uses Established
Prior to Primary Use or Structure
C C – C –
Change of Visitor Serving Commercial Uses
within a Structure
C [8] – – - –
Food Service Accessory to a Lodging Use [9] C C – C C
Home Occupations C – – - – Section 17.96.040
Expansion of a Legal Nonconforming Use
within an Existing Structure
C – – - –
Legal Nonconforming Use Changed to a Use
of a Similar or More Restricted Nature
C – – - –
Live Entertainment C C C - –
Offices Accessory to Visitor Serving Use C C C C –
Parking Areas to Serve the Primary Use C C C C C
Retail Accessory to a Visitor Serving Use C C – C –
Temporary Assemblages of People, such as
Festivals, Fairs, and Community Events
C [10] C [10] C [10] C [13] –
Weddings C C C C –
Notes:
[1] Permitted only as an accessory use.
[2] Multifamily dwellings shall comply with development standards in the multifamily residential, medium density (RM-M) zoning district. [3] Single-family dwellings shall comply with development standards in the single-family residential (R-1) zoning district. [4] May not be located within two hundred feet of the boundary of a residential zoning district. [5] Drive-up and car service is not allowed.
[6] May include moderate intensity recreational uses, including tent platforms, cabins, parks, stables, bicycle paths, restrooms, and interpretive facilities.
[7] Intensification of the primary use is not allowed.
[8] The new use may not change the nature or intensity of the commercial use of the structure. [9] Permitted only to serve guests of the lodging use.
[10] Events may not exceed ten days and may not involve construction of permanent facilities. 135
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[11] Prohibited on the former Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10) and the Inn at Depot Hill (APNs 036-121-38 and 036-121-33).
[12] Allowed in conjunction with overnight accommodation use (at least one on property) or grant of public access to a viewpoint. [13] Limited to a single two-day or less event per year.

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

17.28.030 Development standards.

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

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

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

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

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

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

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

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

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

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

1. The proposed development and design is compatible with existing land uses in surrounding areas, the general plan, and the LCP.
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2. Streets and thoroughfares are suitable and adequate to serve the proposed development.

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

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

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

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

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

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

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

F. Coastal Development Permit. If a proposed development is located in the coastal zone, it may require a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone). Approval of a CDP requires conformance with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval). (Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.30
VISITOR SERVING DISTRICT – MONARCH COVE INN
Sections:

17.30.010 Applicability.

17.30.020 Purpose.

17.30.030 Architectural and site approval.

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

17.30.050 Accessory uses.

17.30.060 Height.

17.30.070 Lot area.

17.30.080 Lot coverage.

17.30.090 Yards.

17.30.100 Parking.

17.30.110 Loading areas.

17.30.120 Landscaping and lighting.

17.30.010 Applicability.

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

17.30.020 Purpose.

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

17.30.030 Architectural and site approval.

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

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

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

A. Accessory structures and accessory uses appurtenant to any conditionally allowed use; B. Hotels, motels, hostels, inns; bed and breakfast lodging; C. Food service related to lodging;
D. Assemblages of people, such as festivals, not exceeding ten days and not involving construction of permanent facilities;
E. Accessory structures and uses established prior to establishment of main use or structure; F. Habitat restoration; habitat interpretive facility;
G. Live entertainment;
H. Public paths;
I. Business establishments that provide commercial places of amusement or recreation, live entertainment, or service of alcoholic beverages and that are located within two hundred feet of the boundary of a residential district; J. Weddings;
K. Business establishments that sell or dispense alcoholic beverages for consumption upon the premises; 138
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L. Other visitor serving uses of a similar character, density, and intensity as those listed in this section and determined by the planning commission to be consistent and compatible with the intent of this chapter and the applicable land use plan;
M. Offices and limited retail use, accessory to visitor serving uses; N. One caretaker unit for the purpose of providing on-site security; O. Access roadway;
P. Residential use by the owners and their family members of up to one unit per parcel on the three parcels, as long as a minimum of six guest bedrooms are available for visitor serving use within the three parcels; Q. Nonfamily residential use during the off-season months (November through April). (Res. 4223, 2021)

17.30.050 Accessory uses.

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

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

17.30.060 Height.

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

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

17.30.070 Lot area.

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

17.30.080 Lot coverage.

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

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

17.30.090 Yards.

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

B. Front yards and corner lot side yards shall not be used for required parking facilities. 139
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C. For the Monarch Cove Inn parcels located adjacent to the bluff top, new development shall adhere to the setback and development provisions provided in the LUP’s natural hazards policies and in certified zoning Chapter 17.68 (GH Geologic Hazards District). (Res. 4223, 2021)

17.30.100 Parking.

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

17.30.110 Loading areas.

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

17.30.120 Landscaping and lighting.

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

17.30.130 Lighting
All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled. The location, type and wattage of the exterior lighting must be approved by the community development director prior to the issuance of building permits or the establishment of the use. (Res. 4223, 2021)
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Chapter 17.30
VISITOR SERVING DISTRICT – MONARCH COVE INN
Sections:

17.30.010 Applicability.

17.30.020 Purpose.

17.30.030 Architectural and site approval.

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

17.30.050 Accessory uses.

17.30.060 Height.

17.30.070 Lot area.

17.30.080 Lot coverage.

17.30.090 Yards.

17.30.100 Parking.

17.30.110 Loading areas.

17.30.120 Landscaping and lighting.

17.30.010 Applicability.

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

17.30.020 Purpose.

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

17.30.030 Architectural and site approval.

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

17.30.040 Conditionally permitted uses – Monarch Cove Inn.

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

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17.30.050 Accessory uses.

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

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

17.30.060 Height.

17.30.070 Lot area.

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

17.30.080 Lot coverage.

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

17.30.090 Yards.

B. Front yards and corner lot side yards shall not be used for required parking facilities. 142
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17.30.100 Parking.

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

17.30.110 Loading areas.

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

17.30.120 Landscaping and lighting.

A minimum of five percent of the lot area shall be landscaped to ensure harmony with adjacent development in accordance with architectural and site approval standards. For the visitor serving Monarch Cove Inn parcels, fifty percent of the parcels shall consist of landscaped or open space areas. The planting of invasive plant species is prohibited. All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled. The location, type and wattage of the exterior lighting must be approved by the community development director prior to the issuance of building permits or the establishment of the use. (Res. 4223, 2021)
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Chapter 17.48

HEIGHT, SETBACKS, AND FLOOR AREA
Sections:

17.48.010 Purpose.

17.48.020 Height measurement and exceptions.

17.48.030 Setback measurement and exceptions.

17.48.040 Floor area and floor area ratio.

17.48.010 Purpose.

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

17.48.020 Height measurement and exceptions.

A. Measurement of Height.

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

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

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

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

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

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

Building-mounted telecommunications facilities See Chapter 17.104

17.48.030 Setback measurement and exceptions.

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

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

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

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

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

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

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

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

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

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

Front: 10 ft.

Exterior Side and Rear: 5 ft.

Interior Side: 3 ft.

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

Rear: 5 ft.

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

Interior Side and Rear: 3 ft.

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

Front: 10 ft.

Exterior Side and Rear: 5 ft.

Interior Side: 3 ft.

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

Front: 10 ft.

Exterior side: 5 ft.

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

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

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Table 17.48-3: Allowed Encroachments into Required Setbacks

Maximum Projection into Setback and Yard
Minimum Distances from Property
Lines Front Rear Interior
Side
Exterior
Side
Decorative Site Features
Trellis structure up to 10 ft. in height open
on all sides;Up to two arbors up to 10 ft. in
height with a minimum of 2 open sides
utilized over a walkway
No max No max No max No max All: No min
Trellis structure up to 10 ft. in height open
on at least 3 sides, and the walls of the
structure are at least 50 percent transparent
Not allowed No max No max Not allowed Rear and Interior Side: No min Front and Exterior Side: Not allowed
Planter boxes and masonry planters with a
maximum height of 42 inches No max No max No max No max All: No min Decorative ornamental features up to a
maximum height of 6 ft. which does not
enclose the perimeter of the property
No max No max No max No max All: No min
Entertainment Features
Hot tubs Not allowed No max Not allowed Not allowed Rear: 2 ft.

All Other: Not allowed
Pools Not allowed No max Not allowed Not allowed Rear: 5 ft.

All Other: Not allowed
Fire pits up to 30 inches in height No max No max No max No max All: 5 ft.

Pergolas up to 10 ft. in height and open on
all sides Not allowed No max No max Not allowed Rear and Interior Side: 3 ft. Front and Exterior Side: Not allowed Outdoor kitchens. The kitchen may include
gas, electric and plumbing, except electric
service may not be 220 volts and drain size
may not exceed that allowed for a mini-bar.

Includes pizza ovens.

Not allowed No max Not allowed Not allowed Rear: 5 ft.

Other Structures and Equipment
Children’s play equipment, movable dog
house, and similar movable objects No max No max No max No max All: No min Rain harvest tanks that do not exceed 8 ft. in
height Not allowed No max No max No max Front: Not allowed All Other: No min
Backup electricity generators Not allowed 5 ft. Not allowed Not Allowed Rear: No min Screened mechanical equipment including
hot water heaters and air conditioning units Not allowed No max No max Not allowed Rear and Interior Side: 3 ft.

Front and Exterior Side: Not allowed
F. Encroachments in the Public Right-of-Way.

1. A privately installed structure may encroach into the public right-of-way only when the encroachment is authorized by the public works director or planning commission as provided in Chapter 12.56 (Privately Installed Improvements on Public Property or Easements).

2. In the coastal zone, a privately installed structure encroaching into the public right-of-way may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval), with the additional findings that the encroachment does not restrict lateral and vertical public coastal access, does not obstruct public coastal views, and does not impact ESHA, as identified in the local coastal program. To the extent the encroachment is allowed, all encroachments shall be revocable.
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G. Building Separation. Separation between two or more buildings shall be as required by the California Building Code. This requirement applies to buildings on a single lot and buildings on adjacent lots.

H. Basements. Basements are subject to the same property line setback requirements as the ground floor.

17.48.040 Floor area and floor area ratio.

A. Floor Area Defined. “Floor area” means the sum of the horizontal areas of all floors of an enclosed structure, measured from the outside perimeter of the exterior walls.

B. Floor Area Calculation.

1. Floor area includes all interior area below a roof and within:
a. The outer surface of the exterior walls; or
b. The centerlines of party walls separating buildings or portions thereof; or c. All area within the roof line of a carport.

2. Floor area includes the entire area in all enclosed structures without deduction for features such as interior walls or storage areas.

3. In the case of a multistory building with covered or enclosed stairways, stairwells or elevator shafts, the horizontal area of such features is counted only once at the floor level of their greatest area of horizontal extent.

See Figure 17.48-3.

Figure 17.48-3: FAR Measurement for Stairways

4. Interior area of a building with a floor-to-ceiling height of greater than sixteen feet is counted twice in the floor area calculation.

5. The following features are included in the floor area calculation:
a. All upper-floor area greater than four feet in height, measured between the bottom of the upper floor and the top of the ceiling.
b. All accessory structures other than a single building one hundred twenty square feet or less, ten feet or less in height, and without plumbing fixtures.
c. Carports.
d. Upper floor decks in excess of 150 square feet.

6. For all uses, the following features are excluded from the floor area calculation:
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a. Covered or uncovered first-story decks and patios.
b. TrellisesPergolas, porte-cocheres not more than ten feet in height, and similar outdoor space which is open on at least three sides, not including carports.
c. Upper floor decks 150 square feet or less.
dc. Bay windows, chimneys, and other similar wall projections. ed. Up to two hundred fifty square feet of an enclosed garage on a lot two thousand five hundred eightysix square feet or less. fe. On a lot between two thousand five hundred eighty-six and three thousand eighteen square feet with an enclosed garage, up to the difference between the maximum allowed floor area and one thousand seven hundred fifty square feet.
gf. Underground parking garages not visible from a public street. hg. Basements when all walls are below grade and not visible. Basements are included in calculations of required on-site parking to serve the use.

7. For nonresidential uses, the following features are excluded from the floor area calculation:
a. Outdoor improvements such as patios, decks, courtyards, outdoor dining areas, and other areas used by customers and employees. These features are included in calculations of required on-site parking to serve the use.
b. Arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas. c. Quasi-public seating areas located in a privately owned shopping center which are open to all of the patrons of all of the businesses of the shopping center and which consist of a seating area or similar area where there are tables, chairs, benches or landscaping or other similar amenities.

C. Floor Area Ratio.

1. Floor area ratio (FAR) is calculated by dividing the total floor area of all buildings on a site as defined in subsection B of this section (Floor Area Calculation) by the net parcel area.

2. Net parcel area excludes: (a) any recorded easements to allow others to use the surface of the property for access to an adjacent property or other similar use, and (b) any area under the high water mark that extends into a waterway.
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Chapter 17.52

ACCESSORY STRUCTURES AND USES
Sections:

17.52.010 Purpose and applicability.

17.52.020 Accessory structures.

17.52.030 Accessory uses.

17.52.010 Purpose and applicability.

This chapter establishes requirements for accessory structures and uses in residential and nonresidential zoning districts. These requirements do not apply to accessory dwelling units, including two-story accessory dwelling units above a detached garage, which are addressed in Chapter 17.74 (Accessory Dwelling Units). (Ord. 1043 § 2 (Att. 2), 2020)

17.52.020 Accessory structures.

A. All Accessory Structures. The following requirements apply to accessory structures in all zoning districts:

1. Accessory structures shall be clearly incidental and subordinate to the primary structure on the same lot.

2. Accessory structures may not be located on a separate lot from the primary use to which it is incidental and subordinate.

3. A minor design permit is required for garages, sheds and other enclosed buildings with one or more of the following characteristics: an enclosed area of over one hundred twenty square feet, a height of over ten feet, or plumbing fixtures per Section 17.120.030(A).

4. Accessory structures attached to a primary structure are considered a part of the primary structure and shall comply with all standards applicable to the primary structure.

5. Accessory structures may not be designed or used as a bedroom, sleeping area, and/or kitchen, except for accessory dwelling units consistent with Chapter 17.74 (Accessory Dwelling Units) and outdoor kitchens.

6. In the coastal zone, accessory structures shall be sited and designed so that they do not extend into setbacks associated with coastal resource issues (e.g., ESHA setbacks and coastal hazard setbacks). A proposed accessory structure that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in

17.44.130 (Findings for approval).

B. Accessory Structures in Residential Zoning Districts.

1. Development Standards. Accessory structures in residential zoning districts shall comply with the development standards in Table 17.52-1 and in Figure 17.52-1.

Table 17.52-1: Accessory Structure Standards in Residential Zoning Districts Single-Family Residential Zoning
Districts
Multifamily Residential Zoning
Districts Additional Standards
Height, Maximum
Structure 15 ft. [1] 15 ft. Section 17.52.020(B)(2)
Top of Wall
Plate
9 ft. 9 ft.

Width, Maximum 23 ft. for detached garages;
None for other accessory structures
None
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Single-Family Residential Zoning
Districts
Multifamily Residential Zoning
Districts Additional Standards
Setbacks, Minimum Section 17.52.020(B)(3)
Front 40 ft. for detached garages;
Same as primary structure for other
accessory structures
Same as primary structure
Interior Side 3 ft. 3 ft.

Street Side Same as primary structure 3 ft.

Rear 3 ft. 3 ft.

Note:
[1] Accessory structures less than eight feet from a rear or interior side property line may not exceed twelve feet in height.

Figure 17.52-1: Detached Garage Standards in Residential Zoning Districts

2. Height Exception. The planning commission may approve an exception to allow additional height of an accessory structure if necessary to match the architectural style of the existing primary structure.

3. Setback Exceptions. One accessory structure permanently attached to the ground is allowed in required side and rear setback areas if the structure is less than ten feet in height, has one hundred twenty square feet or less of enclosed area, and has no plumbing. One additional accessory structure is allowed in required side and rear setback areas with an administrative permit.

4. Driveway Standards. The placement of detached garages shall allow for the design and location of driveways consistent with Chapter 17.76 (Parking and Loading).

5. Nonconforming Garages. An existing detached garage in a residential single-family zoning district that does not comply with development standards in Table 17.52-1 is legal nonconforming and may be repaired, renovated, or replaced; provided, that the nonconformity is not increased or exacerbated.

6. Yards. An accessory structure may not be located within a front or exterior side yard except as specified in

17.48.030.E (Allowed Encroachment in Setback Areas and Yards).

C. Accessory Structures in Nonresidential Zones. Accessory structures in nonresidential zoning districts are subject to the same development standards (e.g., height and setbacks) as primary structures in the applicable zoning district.

Accessory structures should be located to the side or rear of buildings and screened from public view. (Ord. 1043 § 2 (Att. 2), 2020)

17.52.030 Accessory uses.

A. Residential Accessory Uses. The following requirements apply to accessory uses in residential zoning districts:
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1. Accessory uses shall be located on the same parcel as a residence and shall be clearly incidental and subordinate to the residence.

2. Accessory uses shall not change the character of the residential use. Examples of permitted accessory uses include home occupations and personal property sales (i.e., garage or yard sales).

B. Nonresidential Accessory Uses. The following requirements apply to accessory uses in nonresidential zoning districts:

1. Accessory uses shall be a part of and clearly incidental and subordinate to the primary use to which it relates.

2. Accessory uses shall be located on the same parcel as the primary use to which it is incidental and subordinate, within the structure.

3. Accessory uses shall be customarily associated with the primary use to which it is incidental and subordinate.

Examples of common nonresidential accessory uses include ATMs, vending machines, newsstands, and personal service establishments (e.g., child day care, food services) intended to serve employees or customers and that are not visible from public streets.

4. All exterior vending machines require a conditional use permit.

5. Accessory uses may not necessitate an increase in required number of parking spaces. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.72

LANDSCAPING
Sections:

17.72.010 Purpose.

17.72.020 Applicability.

17.72.030 Water efficient landscape design and installation ordinance.

17.72.040 Landscape plans.

17.72.050 Required landscape areas.

17.72.060 Landscape standards.

17.72.070 Landscape maintenance.

17.72.010 Purpose.

This chapter establishes landscaping standards to enhance the aesthetic appearance of developed areas in Capitola and to promote the efficient use of water resources.

17.72.020 Applicability.

A. Multifamily and Nonresidential Projects. The following multifamily and nonresidential projects shall comply with all requirements of this chapter:

1. Construction of new structures.

2. Additions that increase the floor area of a multifamily or nonresidential structure by three thousand square feet or more.

B. Single-Family Residential Projects.

1. New single-family homes shall comply with all requirements of this chapter.

2. If existing landscaping is disturbed or new landscaping is added as part of a remodel or addition to an existing single-family home that requires a design permit, the new landscaping shall comply with the standards in Section 17.72.060 (Landscape standards). The city will evaluate compliance with these standards based on the plans and materials submitted as part of the design permit application. Submittal of a landscape plan for the entire site in accordance with Section 17.72.040 (Landscape plans) is not required.

C. Coastal Development Permit. A proposed development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).

17.72.030 Water efficient landscape design and installation ordinance.

In addition to the requirements of this chapter, all applicable development in Capitola shall also comply with the applicable water provider’s (i.e., the city of Santa Cruz water department or Soquel Creek Water District) landscape water use efficiency ordinance. If conflicts occur between the applicable water provider’s landscape water use efficiency ordinance and the zoning code, the more restrictive policy to conserve water shall control.

17.72.040 Landscape plans.

A. Landscape Plan Required. Projects subject to the requirements of this chapter shall submit a landscape plan as part of planning permit applications (e.g., design permit/coastal development permit applications) and subsequent building permit applications.

B. Required Contents. Landscape plans shall include the following features and information:

1. Site boundaries.

2. Existing conditions on the property, including contours and existing structures. 153
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3. Structures immediately adjacent to the property.

4. New structures and improvements proposed as part of the development project.

5. Existing landscaping, trees, and vegetation to be retained specifying plant location, species, and size. Details of all existing trees shall also include tree diameter measured forty-eight inches above existing grade and outer limit of tree canopy and a label identifying if the tree will remain or be removed.

6. New landscaping proposed as part of the development project specifying plant location, species, and size.

7. Irrigation plan specifying the location, type, and size of all components of the irrigation system.

8. Proposed grading.

9. Additional information as determined by the community development department to demonstrate compliance with the requirements of this chapter.

C. Review and Approval. The community development department shall review all landscape plans to verify compliance with this chapter. Landscape plans shall be approved by the review authority responsible for approving the planning permits required for the proposed project.

D. Changes to Approved Landscape Plans.

1. Substantial modifications to an approved landscape plan shall be allowed only by the review authority which approved the landscape plan.

2. The community development director may approve minor modifications to a landscape plan previously approved by the planning commission. Minor modifications are defined as changes to a landscape plan that do not alter the general design character of the landscaped area or alter a feature of the landscaped area specifically required by the planning commission.

17.72.050 Required landscape areas.

A. Residential Zoning Districts.

1. All required front and street side setback areas, excluding areas required for access to the property, shall be landscaped and maintained. See Figure 17.72-1.

2. Landscaping may consist of any combination of living plants, such as trees, shrubs and grass with related natural features, such as rock, stone, or mulch; and may include patios, courtyards, and outdoor dining areas.

Artificial grass may be used within required landscaping areas. Decorative hardscape featuring pervious materials is permitted within required landscaping areas when combined with natural vegetation.

Figure 17.72-1: Required Landscape Area in R-1 Zoning District 154
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B. Nonresidential Zoning Districts.

1. Except in the I zoning district, all required front and street side setback areas shall be landscaped, excluding areas required for access to the property and public or quasi-public open space such as courtyards and outdoor seating.

2. The minimum landscaped area on a site is shown in Table 17.72-1.

3. In the MU-V and MU-N zoning districts, up to seventy-five percent of the minimum landscaped area may be occupied by outdoor dining areas, courtyards, and other similar quasi-public areas with planning commission approval. Hardscape areas counting towards landscaping requirements must contain aboveground planters and other similar features that incorporate greenery and plantings into the space design. In all other zoning districts these areas may not count toward landscaping requirements.

Table 17.72-1: Minimum Landscaped Area in Nonresidential Zoning Districts Zoning Districts Minimum Landscaped Area
MU-V, MU-N, C-R, C-C, CF, I 5%
P/OS, PD, -VS As determined by the permit approval process C. Visitor Serving Properties. Minimum required landscaping for certain visitor serving properties are shown in Table 17.72-2. Minimum landscaping requirements are intended to ensure harmony with adjacent development in accordance with architectural and site approval standards.

Table 17.72-2: Minimum Landscaped Area for Visitor Serving Properties Property Minimum Landscaped Area
Rispin site 75% as either landscaped areas in developed areas of the site, or unlandscaped natural areas in areas subject to conservation easements
Shadowbrook restaurant parcel and visitor
serving El Salto and Monarch Cove parcels
50% landscaped area or undeveloped open space
All other visitor serving properties 5%

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

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

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

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Number of Required Parking
Spaces
Percent of Surface Parking
Area to Be Landscaped
16 to 30 10%
31 to 60 15%
Over 60 20%
D. Shade Trees.

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

2. Shade trees shall be a minimum twenty-four-inch box in size and shall provide a minimum thirty-foot canopy at maturity.

3. Shade trees shall be of a type that can reach maturity within fifteen years of planting and shall be selected from a city-recommended list of canopy tree species.

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

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

E. Concrete Curbs.

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

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

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

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

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

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

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

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

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

17.72.060 Landscape standards.

A. General Standards. The following standards apply pursuant to Section 17.72.020 within all zoning districts:

1. Plant Selection. A minimum of ninety percent of plants and trees shall be drought-tolerant as defined by the 156
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Water Use Classification of Landscape Species (WUCOLS). Native plants adapted to the local climate are preferred.

2. Plant Selection Along Blufftop, Beach, or ESHA. Native plants adapted to the local climate shall be required within fifty feet of the blufftop edge, the beach, or ESHA. See Chapter 17.64 (Environmentally Sensitive Habitat Areas) for habitat requirements.

3. Storm Water Management. The landscape plan shall incorporate storm water management controls in compliance with the Regional State Water Resources Control Board.

4. Turf Lawns.
a. Turf areas shall be limited to twenty-five percent of the landscaped area. The planning commission may approve larger areas if the lawn area provides functional open space. b. Drought-tolerant grass species shall be used exclusively. c. Turf shall not be used on berms, slopes, or median islands where runoff is a problem.

5. Slopes. Turf and high water use plants shall not be planted on berms and slopes greater than twenty-five percent.

6. Plant Groupings. Where irrigation is proposed, plants shall be grouped in separate hydrozones (i.e., plants within each irrigation valve area shall have the same watering requirements).

7. Water Features. Decorative water features (e.g., fountains, ponds, waterfalls) must be approved by the planning commission and shall have recirculating water systems. Automatic fill valves are not recommended for use within water features.

8. Watering Times. Watering shall be limited to between eight p.m. and ten a.m.

9. Public Safety. Plant species shall be selected and located so that at maturity they do not interfere with pedestrian, bicycle, or vehicular circulation or safety and do not conflict with overhead lights, or utility lines.

B. Irrigation and Water Efficiency. Irrigation systems shall be designed to avoid runoff, low head drainage, overspray, and other similar conditions where water flows outside of landscaped areas. Irrigation systems shall feature the following equipment:

1. Irrigation systems shall meet a minimum irrigation efficiency standard of the applicable water provider.

2. Separate landscape water meters for landscape areas exceeding ten thousand square feet for single-family residential uses and five thousand square feet for all other uses.

3. Irrigation controllers capable of percent adjustment, multiple programming, and rain sensor.

4. Overhead sprays shall have a precipitation rate of no more than three-quarters of an inch per hour.

5. Separate valves and circuits based on water use and sun exposure. Separate valves for turf and nonturf and berm areas are required.

6. Sprinkler heads and emitters selected for proper area coverage, application rate, operation pressure, adjustment capability, and ease of maintenance.

7. Rain-sensing override devices are required for all irrigation systems.

8. Drip or bubble irrigation is required for all trees. Bubblers should not exceed a flow rate of one and one-half gallons per minute.

9. State-approved backflow prevention devices shall be installed on all irrigation systems. 157
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C. Timing of Installation. Landscaping systems shall be installed prior to final building permit inspection or certification of occupancy.

17.72.070 Landscape maintenance.

The following landscape maintenance requirements apply to multifamily and nonresidential properties:

A. General. Landscape areas shall be maintained in a neat and healthful condition at all times.

B. Mulch. Mulch shall be periodically added to the soil surface in all landscape areas.

C. Replacement of Dead or Dying Plants. Plants that are dead or severely damaged or diseased shall be replaced by the property owner.

D. Removal of Landscaping. Any removed mature landscaping shall be replaced with landscaping of similar size and maturity as that which was removed. Trees may only be removed and/or replaced in accordance with the city’s tree ordinance, Chapter 12.12.

E. Irrigation Systems. Irrigation systems shall be maintained in a fully functional manner as approved by the city and required by this chapter. Watering schedules should be adjusted periodically to reflect seasonal variations. 158
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Chapter 17.74

ACCESSORY DWELLING UNITS
Sections:

17.74.010 Purpose.

17.74.020 Definitions.

17.74.030 Permitting process.

17.74.040 General requirements.

17.74.050 Units subject to limited standards.

17.74.060 Units subject to full review standards.

17.74.070 Units requiring a design permit.

17.74.080 Development standards.

17.74.090 Objective design standards.

17.74.100 Deviation from standards.

17.74.110 Findings.

17.74.120 Deed restrictions.

17.74.130 Incentives.

17.74.010 Purpose.

A. This chapter establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 65852.2 through 65852.22. These standards are intended to allow accessory dwelling units as a form of affordable housing in Capitola while maintaining the character and quality of life of residential neighborhoods.

B. It is the City’s intent for the chapter to be consistent with state law as it is amendment from time to time. In case of conflict between this chapter and state law, state law governs unless local variation is permitted.

17.74.020 Definitions.

Terms used in this chapter are defined as follows:

A. “Accessory dwelling unit” means a self-contained living unit located on the same parcel as a primary dwelling unit.

B. “Attached accessory dwelling unit” means an accessory dwelling unit that:

1. Shares at least one common wall with the primary dwelling unit; and

2. Is not fully contained within the existing space of the primary dwelling unit.

C. “Detached accessory dwelling unit” means an accessory dwelling unit that does not share a common wall with the primary dwelling unit and is not an internal accessory dwelling unit.

D. “Internal accessory dwelling unit” means an accessory dwelling unit that is fully contained within the existing space of the primary dwelling unit or an accessory structure.

E. “Junior accessory dwelling unit” means an accessory dwelling unit no more than five hundred square feet in size and contained entirely within a single-family residence. For purposes of this definition, attached garages and other enclosed uses within the residence are considered a part of a single-family residence.

F. “Two-story attached accessory dwelling unit” means an attached accessory dwelling unit that is configured as either:

1. Two stories of living space attached to an existing primary dwelling unit; or

2. Second-story living space above a ground-floor garage or living space in an existing primary dwelling unit. 159
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G. “Two-story detached accessory dwelling unit” means a detached accessory dwelling unit that is configured as either:

1. Two stories of living space in a single accessory dwelling unit; or

2. Second-story living space above a ground-floor garage or other accessory structure.

17.74.030 Permitting process.

A. When Consistent with Standards.

1. Except when a design permit is specifically required by this chapter, an accessory dwelling unit that complies with all standards in this chapter shall be approved ministerially with an administrative permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative permit application.

2. If an existing single-family or multifamily dwelling exists on the parcel upon which an accessory dwelling unit is proposed, the Ccity shall either approve or deny act on an application to create an accessory dwelling unit within sixty days from the date the city receives a completed application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay.

3. If the city denies an application for an accessory dwelling unit, the City shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
a. The city has acted on the application if it:
i. Approves or denies the building permit for the accessory dwelling unit; ii. Informs the applicant in writing that changes to the proposed project are necessary to comply with this chapter; or
iii. Determines that the accessory dwelling unit does not qualify for ministerial approval. 4b. If the accessory dwelling unit application is submitted with a permit application to create a new singlefamily or multifamily dwelling on the parcel, the city may delay acting approving or denying on the accessory dwelling unit application until the city acts onapproves or denies the permit application for the new singlefamily dwelling. The accessory dwelling unit shall be considered without discretionary review or hearing.

5. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

B. Two-Story Units. A two-story accessory dwelling unit (attached or detached) greater than sixteen feet in height requires planning commission approval of a design permit. To approve the design permit, the planning commission must make the findings in Section 17.74.110. A two-story accessory dwelling unit must comply with the standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) unless the planning commission allows a deviation through the design permit process.

C. When Deviating from Standards. An accessory unit that deviates from any standard in Section 17.74.080 (Development standards) or 17.74.090 (Objective design standards) may be allowed with planning commission approval of a design permit. See Section 17.74.100 (Deviation from standards).

D. When Dependent on Separate Construction. When a proposed attached or detached accessory dwelling unit is dependent on the construction of a new building or new portion of a building which is not a part of the accessory dwelling unit (“separate construction”) and is not proposed as part of a permit application to create a new singlefamily dwelling on the parcel, the city shall either:
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1. Accept and begin processing the accessory dwelling unit application only after acting on an application for the proposed separate construction; or

2. Upon written request from the applicant, review and act on the accessory dwelling unit together with the separate construction as part of a single application. In this case, the accessory dwelling unit is subject to the same review procedures as the separate construction.

E. Within Coastal Zone.

1. A proposed accessory dwelling unit that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).

2. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that a public hearing for a CDP application for an accessory dwelling unit shall not be required.

F. Historic Resources.

1. If a design permit is required for an accessory dwelling unit on a property with a historic resource, the proposed project is subject to the requirements in Chapter 17.84 (Historic Preservation). Third-party review of the proposed project may be required as provided in Chapter 17.84.

2. Compliance with Chapter 17.84 is not required for accessory dwelling units approved ministerially with an administrative permit.

G. Correction of Violations The City shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

H. Unpermitted Accessory Dwelling Units.

1. Except as provided in Paragraph 2 below, the City shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018 due to either of the following:
(a) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (b) The accessory dwelling unit does not comply with Government Section 65852.2 or this chapter.

2. The City may deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018 if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

3. This subsection shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

17.74.040 General requirements.

The following requirements apply to all accessory dwelling units:

A. Where Allowed. An accessory dwelling unit is permitted:

1. In any zoning district where single-family or multifamily dwellings are a permitted use; and

2. On any parcel with an existing or proposed single-family or multifamily dwelling. 161
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B. Maximum Number per Parcel. Not more than one accessory dwelling unit is allowed per parcel except as allowed by Sections 17.74.050(B) (One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less),

17.74.050(C) (Nonlivable Multifamily Space), and 17.74.050(D) (Detached Accessory Dwelling Units on Multifamily Parcels).

C. Residential Mixed Use. If one dwelling unit is on a parcel with a nonresidential use, the dwelling unit is considered a single-family dwelling for the purpose of determining the applicable requirements in this chapter. If two or more dwelling units are on a parcel with a nonresidential use, the dwelling units are considered a multifamily dwelling.

D. Utility Connections. Utility connection requirements shall be subject to state law and the serving utility district.

Establishing an accessory dwelling unit in conformance with this chapter does not require placing existing overhead utility lines underground.

E. Fire Sprinklers. The city shall not require accessory dwelling units to provide fire sprinklers if they would not be required for the primary residence under the current fire code. Establishing an accessory dwelling unit does not require installing fire sprinklers in the existing primary dwelling.

F. Vacation Rentals Prohibited. Accessory dwelling units may not be used for vacation rentals as defined in Chapter

17.160 (Glossary).

G. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling.

H. Guaranteed Allowance. Maximum building coverage, floor area ratio, and private open space standards in Section 17.74.080 (Development standards) shall not prohibit an accessory dwelling unit with up to eight hundred square feet of floor area, up to sixteen feet in height, and four-foot side and rear yard setbacks, provided the accessory dwelling unit complies with all other applicable standards. The guaranteed allowance of eight hundred square feet of floor area is in addition to the maximum floor area of a property.

I. Converting and Replacing Existing Structures.

1. An internal accessory dwelling unit may be constructed regardless of whether it conforms to the current zoning requirement for building separation or setbacks.

2. If an existing structure is demolished and replaced with an accessory dwelling unit, an accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.

3. If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an accessory dwelling unit. For an existing structure within four feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.

J. Manufactured Homes and Mobile Units.

1. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an accessory dwelling unit. Pursuant to California Health and Safety Code Section 18007, as may be amended from time to time, a manufactured home must:
a. Provide a minimum of three hundred twenty square feet of floor area; b. Be built on a permanent chassis;
c. Be designed for use as a single-family dwelling with or without a foundation when connected to the required utilities; and
d. Include the plumbing, heating, air conditioning, and electrical systems contained within the home.

2. Vehicles and trailers, with or without wheels, which do not meet the definition of a manufactured home, are 162
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prohibited as accessory dwelling units.

3. A prefabricated or modular home is allowed as an accessory dwelling unit.

K. Junior Accessory Dwelling Units.

1. General. Junior accessory dwelling units shall comply with all standards in this chapter unless otherwise indicated.

2. Occupancy. The property owner must occupy either the primary dwelling unit or the junior accessory dwelling unit on the property.

3. Sanitation Facilities.
a. A junior accessory dwelling unit may include sanitation facilities, or may share sanitation facilities with the primary dwelling.
b. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

4. Kitchen. A junior accessory dwelling unit must include, at a minimum:
a. A cooking facility with appliances; and
b. At least three linear feet of food preparation counter space and three linear feet of cabinet space.

L. Multifamily Homeowners Associations. If a multifamily dwelling is located in a development with a homeowners’ association (HOA), an application for an accessory dwelling unit must:

1. Be signed by an authorized officer of the HOA; and

2. Include a written statement from the HOA stating that the application is authorized by the HOA, if such authorization is required.

17.74.050 Units subject to limited standards.

The city shall ministerially approve an application for a building permit within a residential or mixed use zoning district to create the following types of accessory dwelling units. For each type of accessory dwelling unit, the city shall require compliance only with the development standards in this subsection. Standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) do not apply to these types of accessory dwelling units.

A. Internal Accessory Dwelling Units. One internal accessory dwelling unit or junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:

1. The internal accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the second story of the an existing accessory structure shall be limited to accommodating ingress and egress.

2. The unit has exterior access from the proposed or existing single-family dwelling.

3. The side and rear setbacks are sufficient for fire and safety.

4. The junior accessory dwelling unit complies with Government Code Section 65852.22.

B. One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less. One detached , new 163
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construction, accessory dwelling unit for a parcel with a proposed or existing single-family dwelling. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection A of this section (Internal Accessory Dwelling Units). The accessory dwelling unit must comply with the following:

1. Minimum rear and side setbacks: four feet.

2. Maximum floor area: eight hundred square feet.

3. Maximum height: sixteen feet.

C. Nonlivable Multifamily Space. One or more internal accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:

1. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up to a maximum of twenty-five percent of the existing multifamily dwelling units; and

2. Each unit shall comply with state building standards for dwellings.

D. Detached Accessory Dwelling Units on Multifamily Parcels.

1. Not more than two detached accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling, subject to the following:
a1. Maximum height: sixteen eighteen feet.
b2. Minimum rear and side setbacks: four feet.

2. If the existing multifamily dwelling has a rear or side setback of less than four feet, the City shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this paragraph.

17.74.060 Units subject to full review standards.

The city shall ministerially approve an application for a building permit to create the following types of accessory dwelling units:

A. One-Story Attached Accessory Dwelling Units. A one-story attached accessory dwelling unit in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

B. One-Story Detached Accessory Dwelling Units Between Eight Hundred and One Thousand Two Hundred Square Feet. A one-story detached accessory dwelling unit with a floor area between eight hundred and one thousand two hundred square feet in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

17.74.070 Units requiring a design permit.

The following types of accessory dwelling units require planning commission approval of a design permit:

A. Two-Story Accessory Dwelling Units. A two-story attached or detached accessory dwelling unit greater than sixteen feet in height in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

B. Accessory Dwelling Units Deviating from Standards. Any accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

17.74.080 Development standards.

The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).
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A. General. Table 17.74-1 shows development standards that apply to accessory dwelling units.

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Table 17.74-1: Development Standards
ADU Type/Location Standard
Unit Size, Maximum
Attached ADU, one bedroom or less 50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
Attached ADU, more than one bedroom 50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached ADU 1,200 sq. ft.

Internal ADU No maximum
Junior ADU 500 sq. ft.

Floor Area Ratio, Maximum [1] As required by zoning district [2] Setbacks, Minimum [3,4]
Front Same as primary dwelling [5]
Interior Side, 1st and 2nd Story 4 ft.

Exterior Side, 1st and 2nd Story 4 ft.

Rear, 1st and 2nd Story 4 ft.

Building Coverage, Maximum
R-M zoning district 40% [2]
All other zoning districts No maximum
Height, Maximum [3]
Attached ADU 25 ft. Height of primary residence or maximum permitted in zoning district, whichever is less
One-story Ddetached ADU, one-storyon lot with existing or proposed single-family dwelling
16 ft.

One-story detached ADU on lot with existing or proposed multifamily and multi-story dwelling 18 ft.

Detached ADU, two-story [6] 22 ft.

Private Open Space, Minimum [7] 48 sq. ft. [2]
Notes:
[1] Calculated as the total floor area ratio on the site, including both the primary dwelling and accessory dwelling unit. An applicant may request simultaneous approval of a new internal accessory dwelling unit and an addition to the primary residence as part of a single application. [2] Standard may not prohibit an accessory dwelling unit with at least eight hundred square feet of floor area. See Section 17.74.040(H) (Guaranteed Allowance).
[3] Setback and height standards apply only to attached and detached accessory dwelling units. Standards do not apply to internal or junior accessory dwelling units.
[4] See also Section 17.74.040(I) (Converting and Replacing Existing Structures) for setback exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure. [5] See also subsection B of this section (Front Setbacks). [6] A two-story detached accessory dwelling unit greater than sixteen feet in height requires a design permit. [7] Private open space may include screened terraces, decks, balconies, and other similar areas.

B. Front Setbacks.

1. Any increased front setback requirement that applies to a garage associated with a primary dwelling unit also applies to a garage that serves an accessory dwelling unit. 166
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2. In the R-1 zoning district, front setback exceptions in Riverview Terrace and on Wharf Road as allowed in Section 17.16.030(B) apply to accessory dwelling units.

3. In the mixed use zoning districts, minimum front setbacks in Chapter 17.20 (Mixed Use Zoning Districts) apply to accessory dwelling units. Maximum setbacks or build-to requirements do not apply.

C. Parking.

1. All Areas. The following parking provisions apply to accessory dwelling units in all areas in Capitola:
a. Required Parking in Addition to Primary Residence. Parking spaces required for an accessory dwelling unit are in addition to parking required for the primary residence. b. Tandem Spaces. Required off-street parking may be provided as tandem parking on an existing driveway.
c. Within Setback Areas.
i. Required off-street parking may be located within minimum required setback areas from front, side, and rear property lines.
ii. A parking space in a required front setback area shall be a “ribbon” or “Hollywood” design with two parallel strips of pavement. The paving strips shall be no wider than two and one-half feet each and shall utilize permeable paving such as porous concrete/asphalt, open-jointed pavers, and turf grids.

Unpaved areas between the strips shall be landscaped with turf or low-growing ground cover. d. Alley-Accessed Parking. Parking accessed from an alley shall maintain a twenty-four-foot back-out area, which may include the alley.

2. Outside of Coastal Zone and in Cliffwood Heights. The following parking provisions apply only to accessory dwelling units outside of the coastal zone and in the Cliffwood Heights neighborhood as shown in Figure

17.74-1.
a. No additional parking is required for an internal or junior accessory dwelling unit. The floor area of an internal or junior accessory dwelling unit shall not be included in the parking calculation for the primary residence.
b. One off-street parking space is required for an attached or detached accessory dwelling unit, except as provided in subsection (C)(2)(c) of this section.
c. No off-street parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 65852.2(j)(10).
ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.
d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction 167
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of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.

3. Within Coastal Zone and Outside Cliffwood Heights. The following parking provisions apply only to accessory dwelling units in the coastal zone and outside of the Cliffwood Heights neighborhood as shown in Figure 17.74-1 in accordance with the city’s adopted local coastal program. a. One off-street parking space is required for any type of accessory dwelling unit except as provided in subsection (C)(3)(b) of this section.
b. Where the primary residence is served by four or more existing off-street parking spaces, including spaces in a tandem configuration, no off-street parking is required for the accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are required for the demolished or converted parking structure. Replacement parking space(s) may be covered or uncovered. Replacement parking does not satisfy the one off-street parking requirement for the accessory dwelling unit in subsection (C)(3)(a) of this section.

Figure 17.74-1: Cliffwood Heights ADU Parking Exclusion Area

17.74.090 Objective design standards.

The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).

A. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the 168
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front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street.

B. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:

1. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
a. A six-foot solid fence on the property line; or
b. Clerestory or opaque windows for all windows facing the adjacent property.

2. For a second-story wall, all windows facing the adjacent property shall be clerestory or opaque.

C. Second-Story Decks and Balconies. Second-story decks and balconies shall be located and designed to minimize privacy impacts on adjacent residential properties, as determined by the planning commission through the design permit approval process.

D. Architectural Details. Table 17.74-2 shows architectural detail standards for accessory dwelling units.

Table 17.74-2: Architectural Detail Standards
Non-Historic Property [1] Historic Property [1]
Attached ADU Detached ADU Attached ADU Detached ADU
Primary Exterior
Materials [2]
Same as primary dwelling
[3]
No requirement Same as primary dwelling;
or horizontal wood, fiber
cement, or board and batten
siding or shingles [3]
Horizontal wood, fiber
cement, or board and batten
siding, or shingles [4]
Window and Door
Materials
No requirement Wood, composite, pre-finished metal with a nonreflective finish
Window Proportions No requirement Windows must be taller than they are wide or match the proportions of the primary dwelling window [5]
Window Pane
Divisions
No requirement True or simulated divided lights
Roof Material Same as primary dwelling
[3]
No requirement Same as primary dwelling
[3]
Same as primary dwelling; or
architectural composition
shingles, clay tile, slate, or
nonreflective standing seam
metal [3]
Roof Pitch No requirement 4:12 or greater [6] No requirement 4:12 or greater [6] Notes:
[1] “Historic property” means a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources).
[2] Standard does not apply to secondary and accent materials. [3] “Same as primary dwelling” means the type of material must be the same as the primary dwelling. The size, shape, dimensions, and configuration of individual pieces or elements of the material may differ from the primary dwelling. [4] If primary dwelling is predominantly stucco, stucco is allowed for the accessory dwelling unit. [5] Bathroom windows may be horizontally oriented.
[6] If the primary dwelling has a roof pitch shallower than 4:12, the accessory dwelling unit roof pitch may match the primary dwelling.

E. Building Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources) for an attached accessory dwelling unit shall be inset or separated by a connector that is offset at least eighteen inches from the parallel side or rear building wall to distinguish it from the historic structure.

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17.74.100 Deviation from standards.

A. When Allowed. The planning commission may approve an accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

B. Permit Required. Deviations allowed under this section require planning commission approval of a design permit.

A variance is not required. To approve the design permit, the planning commission must make the findings in Section 17.74.110 (Findings).

17.74.110 Findings.

A. When Required. The planning commission must make the findings in this section to approve a design permit for:

1. Two-story attached or detached accessory dwelling units greater than sixteen feet in height; and

2. Accessory dwelling units that deviate from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

B. Findings. To approve the design permit, the planning commission shall find that:

1. The exterior design of the accessory dwelling unit is compatible with the primary dwelling on the parcel through architectural use of building forms, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices.

2. The exterior design is in harmony with, and maintains the scale of, the neighborhood.

3. The accessory dwelling unit will not create excessive noise, traffic, or parking congestion.

4. The accessory dwelling unit has or will have access to adequate water and sewer service as determined by the applicable service provider.

5. Adequate open space and landscaping have been provided that are usable for both the accessory dwelling unit and the primary residence. Open space and landscaping provide for privacy and screening of adjacent properties.

6. The location and design of the accessory dwelling unit maintain a compatible relationship to adjacent properties and do not significantly impact the privacy, light, air, solar access, or parking of adjacent properties.

7. The accessory dwelling unit generally limits the major access stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard have been minimized. The design of the accessory dwelling unit complements the design of the primary residence and does not visually dominate it or the surrounding properties.

8. The site plan is consistent with physical development policies of the general plan, any area plan or specific plan, or other city policy for physical development. If located in the coastal zone, the site plan is consistent with policies of the local coastal plan. If located in the coastal zone and subject to a coastal development permit, the proposed development will not have adverse impacts on coastal resources.

9. The project would not impair public views along the ocean and of scenic coastal areas. Where appropriate and feasible, the site plan restores and enhances the visual quality of visually degraded areas.

10. The project deviation (if applicable) is necessary due to special circumstances applicable to subject property, including size, shape, topography, location, existing structures, or surroundings, and the strict application of this chapter would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification.

17.74.120 Deed restrictions.

A. Before obtaining a building permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
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Capitola City CouncilNovember 22, 2022

Capitola City Council
November 22, 2022