Agenda packet — Capitola City Council, November 9, 2023 (part 2 of 3)

Adoption and implementation of the 2023-2031 Housing Element provides for adequate sites to accommodate the 2023-2031 RHNA number of 1,336 housing units. Assuming 2.12 5 persons per household, the City’s population
could increase by up to 2,832 persons.

AMBAG is responsible for both the developing the Regional Growth Forecast and RHNA, and would be responsible for modifying future population and household growth projections to accommodate the 2023-2031 Housing Element and future housing element RHNA numbers for the City of Capitola. And therefore, the proposed project would not induce substantial unplanned population growth within the City either directly or indirectly.

The 2023-2031 Housing Element is a policy document that would not change land use designations or in and of themselves authorize any development within the City. While the City is required by State law to facilitate development commensurate with its allocated share of regional housing needs, no change in the location or nature of allowable development would be authorized by the 2023-2031 Housing Element.

Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with project-specific conditions and mitigation measures to reduce potential impacts required as part of the development review and environmental impact processes. This can include, but is not limited to, Municipal Code requirements; General Plan goals, policies, and implementation programs, including those identified in the proposed project, and mitigation measures. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 5 U.S. Census Bureau QuickFacts: Capitola city, California, accessed August 16, 2023 303
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Addendum to the Capitola General Plan Update EIR
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B. WOULD THE PROJECT DISPLACE SUBSTANTIAL NUMBERS OF EXISTING PEOPLE OR HOUSING, NECESSITATING THE CONSTRUCTION OF REPLACEMENT HOUSING ELSEWHERE? The 2023-2031 Housing Element sets forth policies and programs that encourage and facilitate housing production, as well as aim to preserve and enhance the existing housing stock. While no new development would be authorized by the adoption of the 2023-2031 Housing Element, the future development of vacant properties or underutilized properties with existing homes could result in the displacement of existing housing or people necessitating the construction of replacement housing elsewhere.

Displacement would be evaluated, if needed, as part of a future proposal’s development review and environmental impact processes, along with project-specific conditions and mitigation measures to reduce impacts relative to the displacement of people or residential structures.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 304
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Addendum to the Capitola General Plan Update EIR
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4.15 PUBLIC SERVICES
Would the project:

New
Potentially
Significant
Impact
New Impact
Requiring
New
Mitigation
No New
Impact/
No Impact
Reduced
Impact
A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
1) Fire protection? ✓
2) Police protection? ✓
3) Schools? ✓
4) Parks? ✓
5) Other public facilities? ✓

PRIOR ENVIRONMENTAL FINDINGS
General Plan Update EIR
The table below summarizes the public services impacts and mitigation measures, if applicable.

PUBLIC SERVICES – SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation SVCS-1: The proposed Plan would not result in the
provision of or need for new or physically altered protection facilities, the construction or operation of which could cause significant environmental impacts.

Less Than Significant Not Applicable
SVCS-2: The proposed Plan, in combination with past,
present, and reasonably foreseeable development would
result in less than significant cumulative impacts with respect to fire protection service.

Less Than Significant Not Applicable
SVCS-3: The proposed Plan would not result in the need
for construction or expansion of police facilities. Less Than Significant Not Applicable SVCS-4: The proposed Plan, in combination with past,
present, and reasonably foreseeable growth, would result in less than significant cumulative impacts with respect to law enforcement services.

Less Than Significant Not Applicable
SVCS-5: The proposed Plan would not result in the
provision of or need for new or physically altered school facilities, the construction or operation of which could cause significant environmental impacts.

Less Than Significant Not Applicable
SVCS-6: The proposed Plan, in combination with past,
present, and reasonably foreseeable growth in the SUESD service area, would result in less than significant
cumulative impacts with respect to schools.

Less Than Significant Not Applicable
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PUBLIC SERVICES – SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation SVCS-7: The proposed Plan would not result in the
provision of or need for new or physically altered library facilities.

Less Than Significant Not Applicable
SVCS-8: The proposed Plan, in combination with past,
present, and reasonably foreseeable development, would
result in less than significant cumulative impacts with respect to libraries.

Less Than Significant Not Applicable
Source: Capitola General Plan Update Environmental Impact Report (June 2014), Table 1-1, Summary of Impacts and Mitigation Measures

IMPACT ANALYSIS
The 2023-2031 Housing Element includes policies and programs that are applicable City-wide and are designed to facilitate the construction of housing units to meet the City’s share of the regional housing need. The 2023-2031 Housing Element Chapter 4, Housing Need and Opportunities identifies potential residential sites and densities, inclusive of recyclable residential land, religious facility sites and State land housing, vacant and non-vacant land, and the Capitola Mall site. The 2023-2031 Housing Element Chapter 5, Housing Plan identifies the Goals, Policies, and Programs and Quantified Objectives that are based upon expected availability of resources to address the City’s housing needs, expectations regarding future housing development, as well as prior objectives established in earlier housing plans.

A. WOULD THE PROJECT RESULT IN SUBSTANTIAL ADVERSE PHYSICAL IMPACTS ASSOCIATED

WITH THE PROVISION OF NEW OR PHYSICALLY ALTERED GOVERNMENTAL FACILITIES, NEED

FOR NEW OR PHYSICALLY ALTERED GOVERNMENTAL FACILITIES, THE CONSTRUCTION OF

WHICH COULD CAUSE SIGNIFICANT ENVIRONMENTAL IMPACTS, IN ORDER TO MAINTAIN

ACCEPTABLE SERVICE RATIOS, RESPONSE TIMES OR OTHER PERFORMANCE OBJECTIVES FOR ANY OF THE PUBLIC SERVICES:

1. FIRE PROTECTION?

2. POLICE PROTECTION?
The General Plan includes policies and actions relative to fire and police protection: Policy SN-3.1 Cooperative Agreements, Policy SN-3.2 Public Education, Policy SN-3.3 City-Owned Space, Policy SN-3.4 Development Review, Policy SN-3.5 Fire Hazard Risk Assessment, Policy SN-3.6 Fire Safety Plans, Policy SN-3.7 District Support, Action SN-3.1 Invasive Species, Action SN-3.2 Sign/Address Marking Visibility, Action SN-3.3 Emergency Access, Policy SN6.1 Police Services, Policy SN-6.2 New Development, Policy SN-6.3 Physical Site Planning, Policy SN-6.4 Lighting Plans, Policy SN-6.5 Bars and Nightclubs, and Policy SN-6.6 Crime Prevention Outreach. The GPU EIR concluded less than significant impacts with implementation of General Plan policies. 306
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Buildout of the GPU could create an increased demand for fire and police protection services in the Central Fire Protection District (CFPD) and the Capitola Police Department service areas. However, the increase in population, units, and jobs would occur throughout a 20-year period, thereby distributing the increase over multiple years. In addition, the potential for increased service calls distributed over a longer period of time reduces impacts to existing facilities.

The 2023-2031 Housing Element include policies and programs to facilitate the production of future housing development. As such, new housing units associated with future development proposals associated with implementation of the proposed project could require additional fire and police protection services and facilities for the Central Fire District of Santa Cruz County (CFD) and Capitola Police Department.

Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with project-specific conditions and mitigation measures, as applicable, to reduce potential impacts required as part of the development review and environmental impact processes. In addition, as part of its annual budget process and periodic review of its contracts with the CFD and the Capitola Police Department, the City evaluates fire and police protection service levels, and adjusts budgets accordingly to meet identified demand and service goals. This process would continue through the course of the proposed project. With continued application of these programs, the City would be able to address anticipated increased service demands. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

3. SCHOOLS?
The GPU EIR concluded less than significant impacts to schools.

The 2023-2031 Housing Element includes policies and programs to facilitate the production of future housing development. As such, new housing units associated with future development proposals associated with implementation of the proposed project could require additional school services and facilities within the Soquel Union Elementary School District (SUESD) and Santa Cruz City Schools (SCCS).

New residents in the future housing developments could place an increased demand on school facilities within SUESD and SCCS. As allowed by State law, the Districts collect fees for new residential construction to help offset the costs of providing additional education facilities and services. Such fees would be paid by developers at the time individual building permits are issued. Pursuant to SB 50, payment of fees to the School Districts is considered 307
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full mitigation for project impacts, including impacts related to the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, or other performance objectives for schools. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

4. PARKS?
Refer to Section 4.16, Recreation.

5. OTHER PUBLIC FACILITIES?
The GPU EIR concluded less than significant impacts to libraries.

The Santa Cruz Public Libraries system consists of 10 branches located at various locations throughout Santa Cruz County. The Capitola Branch Library located at 2005 Wharf Road serves about 9,846 residents in the city of Capitola in Santa Cruz County. The library is a part of Santa Cruz Public Libraries, which maintains over 392,344 volumes and circulates about 2 million items per year, including local history collections and research materials.

It provides in-person tech help, homework help, preschool storytime, Bridge club, Youth chess club, and Health Insurance Counseling for all patrons.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 308
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Addendum to the Capitola General Plan Update EIR
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4.16 RECREATION
Would the project:

New
Potentially
Significant
Impact
New Impact
Requiring
New
Mitigation
No New
Impact/
No Impact
Reduced
Impact
A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
✓
B. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
✓

PRIOR ENVIRONMENTAL FINDINGS
General Plan Update EIR
The table below summarizes the parks and recreation impacts and mitigation measures, if applicable.

PARKS AND RECREATION – SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation PS-1: The proposed Plan would not result in substantial adverse physical impacts associated with the provision of new or physically altered parks and recreational facilities in order to maintain an acceptable ratio of parkland per
thousand residents.

Less Than Significant Not Applicable
PS-2: The proposed Plan would not increase the use of
existing neighborhood and regional parks or other
recreational facilities, such that substantial physical deterioration of the facility would occur, or be accelerated.

Less Than Significant Not Applicable
PS-3: The proposed Plan would not include or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment.

Less Than Significant Not Applicable
PS-4: The proposed Plan, in combination with past,
present, and reasonably foreseeable growth, would result in less than significant cumulative impacts with respect to parks and recreational facilities.

Less Than Significant Not Applicable
Source: Capitola General Plan Update Environmental Impact Report (June 2014), Table 1-1, Summary of Impacts and Mitigation Measures

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For the 2023-2031 Housing Element
Draft | November 2023 4-82
and Programs and Quantified Objectives that are based upon expected availability of resources to address the City’s housing needs, expectations regarding future housing development, as well as prior objectives established in earlier housing plans.

A. WOULD THE PROJECT INCREASE THE USE OF EXISTING NEIGHBORHOOD AND REGIONAL PARKS

OR OTHER RECREATIONAL FACILITIES SUCH THAT SUBSTANTIAL PHYSICAL DETERIORATION OF THE FACILITY WOULD OCCUR OR BE ACCELERATED?
The GPU EIR The GPU EIR concluded less than significant impacts to parks and recreation.

Capitola has been urbanized for many years with established development, including park and recreation facilities, throughout the City.

The 2023-2031 Housing Element includes policies and programs to facilitate the production of future housing development. New residents in future development proposals associated with implementation of the proposed project could place an increased demand on City park facilities. Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with project-specific conditions and mitigation measures, as applicable, to reduce potential impacts required as part of the development review and environmental impact process. Quimby Act park fees paid or other fair share park requirements of new residential developments are used to acquire and/or improve park facilities, which would reduce the impact of additional residents in the City. Potential impacts to recreation facilities associated with future development proposals associated with implementation of the proposed project would be mitigated on a project-by-project basis, as applicable, per Municipal Code requirements. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 310
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B. DOES THE PROJECT INCLUDE RECREATIONAL FACILITIES OR REQUIRE THE CONSTRUCTION OR

EXPANSION OF RECREATIONAL FACILITIES WHICH MIGHT HAVE AN ADVERSE PHYSICAL EFFECT ON THE ENVIRONMENT?
The proposed project does not include plans for or construction of any recreational facilities. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 311
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4.17 TRANSPORTATION
Would the project:

New
Potentially
Significant
Impact
New Impact
Requiring
New
Mitigation
No New
Impact/
No Impact
Reduced
Impact
A. Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? ✓ B. Conflict or be inconsistent with CEQA Guidelines Section 15064.3 subdivision (b)? ✓
C. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ✓ D. Result in inadequate emergency access? ✓

PRIOR ENVIRONMENTAL FINDINGS
General Plan Update EIR
The table below summarizes the transportation and traffic impacts and mitigation measures, if applicable.

TRANSPORTATION AND TRAFFIC – SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation TRANS-1: Implementation of the proposed Plan would
cause intersection operations to degrade to unacceptable LOS E at the Porter Street and Highway 1 northbound
ramps intersection during the AM peak hour in 2035.

Significant TRANS-1 Significant Unavoidable
TRANS-2: The proposed Plan would not result in a change in air traffic patterns including either an increase in traffic levels of a change in locations that results in substantial safety risks.

Less Than Significant Not Applicable
TRANS-3: The proposed Plan would not substantially
increase hazards due to a design feature (e.g., sharp
curves or dangerous intersections) or incompatible uses (e.g., farm equipment).

Less Than Significant Not Applicable
TRANS-4: Implementation of the proposed Plan would not
result in inadequate emergency access. Less Than Significant Not Applicable TRANS-5: Implementation of the proposed Plan would not
conflict with adopted policies, plans, or program regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities.

Less Than Significant Not Applicable
TRANS-6: Implementation of the proposed Plan, in
combination with past, present, and reasonably
foreseeable project, would result in additional cumulatively considerable impacts.

Significant TRANS 6:

Implement TRANS-1
Significant Unavoidable
Source: Capitola General Plan Update Environmental Impact Report (June 2014), Table 1-1, Summary of Impacts and Mitigation Measures 313
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A. WOULD THE PROJECT CONFLICT WITH AN APPLICABLE PLAN, ORDINANCE OR POLICY

ADDRESSING THE CIRCULATION, INCLUDING TRANSIT, ROADWAY, BICYCLE, AND PEDESTRIAN FACILITIES?
The General Plan includes goals, policies, and actions relative to transportation and traffic: Goal MO-1, Policy MO1.1 Responsive Transportation Services, Policy MO-1.2 Reduced Vehicle Trips, Policy MO-1.3 Regional Collaboration, Policy MO-1.4 Highway 1 Capacity, Action MO-1.1 Funding, Action MO-1.2 Regional Plan Implementation, Action MO-1.3, Goal MO-2, Policy MO-2.1 Complete Streets, Policy MO-2.6 Non-Motorized Connectivity, Goal MO-3, Policy MO-3.1 Arterial Streets, Policy MO-3.2 Street Widening, Policy MO-3.3 Level of Service Standard, Policy MO-3.4 Reduced Standards, Policy MO-3.5 Impact Fees, Action MO-3.1 Neighborhood Traffic, Action MO-3.2 Signal Timing, Action MO-3.3 Traffic Monitoring, Action MO-3.4 Impact Fees, Action MO3.5 Financing, Goal MO-4, Action MO-4.1 Bay Avenue Roundabout, Goal MO-6, Policy MO-6.1 Traffic Congestion, Policy MO-6.2 Parking Supply, Policy MO-6.3 Signage, Policy MO-6.4 Balanced Parking Approach, Policy MO-6.5 Transportation Alternatives, Policy MO-6.6 Bicycle and Pedestrian Connections, and Policy MO-6.7 General Environment. The GPU EIR concluded less than significant impacts and significant unavoidable impacts with implementation of General Plan policies and actions.

The City of Capitola has been urbanized for many years with established development, roads, and transportation systems.

All future development proposals associated with implementation of the proposed project would be evaluated, if applicable, for potential conflicts with relevant circulation plans, ordinances, or policies relative to transit, bicycle, pedestrian, and roadway facilities. Thus, it is not anticipated that adoption and implementation of the proposed project would significantly impact the effectiveness or performance of existing pedestrian, bicycle, or multipurpose trail facilities, nor would it limit the accessibility for pedestrians or future cyclists, or their ability to utilize existing facilities.

In addition, there is the potential for future development proposals associated with implementation of the proposed project at specific locations throughout Capitola to contribute to congestion on roadways and at intersections. The City may also require specific roadway or signal improvements to address impacts directly 314
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attributable to a specific development proposal. In addition, future development would be subject to GPU EIR Mitigation Measures TRANS-1 and TRANS-6, as applicable. These practices would continue as a means of addressing potential traffic concerns associated with individual projects.

Roadway System Level of Service. The 2023-2031 Housing Element is a policy document that would not change land use designations or in and of themselves authorize any development within the City. While the City is required by State law to facilitate development commensurate with its allocated share of regional housing needs, no change in the location or nature of allowable development would be authorized by the 2023-2031 Housing Element. Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with project-specific conditions and mitigation measures, as applicable, to reduce potential impacts required as part of the development review and environmental impact process.

The GPU EIR concluded that despite the imposition of regulatory requirements and Mitigation Measures TRANS1 and TRANS-6, impacts are significant and unavoidable. Thus, adoption and implementation of the proposed project ensures impacts remain as significant and unavoidable impacts.

Transportation and Traffic. The 2023-2031 Housing Element is a policy document that would not change land use designations or in and of themselves authorize any development within the City. While the City is required by State law to facilitate development commensurate with its allocated share of regional housing needs, no change in the location or nature of allowable development would be authorized by the 2023-2031 Housing Element.

The GPU EIR concluded less than significant impacts for TRANS-2, TRANS-3, TRANS-4, and TRANS-5. Thus, adoption and implementation of the proposed project ensures impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

B. WOULD THE PROJECT CONFLICT OR BE INCONSISTENT WITH CEQA GUIDELINES SECTION 15064.3 SUBDIVISION (B)?
At the time the GPU EIR was certified in certified in 2014, SB 743 was not in place and thus, the GPU EIR did not evaluate this threshold.

The 2018 updates to the CEQA Guidelines included a new threshold requiring a determination of consistency with CEQA Guidelines Section 15064.3. CEQA Guidelines Section 15064.3 requires an analysis of Vehicle Miles Travelled (VMTs), in accordance with California Senate Bill (SB) 743. Level of Service (LOS) had been used as the basis for determining the significance of traffic impacts as standard practice in CEQA documents for decades. In 2013, SB 743 was passed, which is intended to balance the need for LOS for traffic planning with the need to build infill housing and mixed-use commercial developments within walking distance of mass transit facilities, downtowns, and town centers and to provide greater flexibility to local governments to balance these sometimes-competing needs. At full implementation of SB 743, the California Governor’s Office of Planning and Research (OPR) replaced LOS as the metric against which traffic impacts are evaluated with a metric based on VMTs. The City of Capitola 315
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will implement CEQA Guidelines Section 15064.3 for applicable development applications submitted after July 1, 2020 to determine whether the development would have a significant transportation and traffic impact.

Public Resources Code Section 21099 defines Transit Priority Areas (TPAs) as an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program. Public Resources Code Section 21155(b) defines High Quality Transit Areas (HQTAs) are defined as areas within one-half mile of a fixed guideway transit stop or a bus transit corridor where buses pick up passengers at a frequency of every 15 minutes or less during peak commuting hours.

All future development proposals associated with implementation of the proposed project would be evaluated, if applicable, for VMT impacts and any development-related mitigation measures.

The City of Capitola has been urbanized for many years with established development, roads, and transportation systems. Within the City of Capitola or Santa Cruz County, there are no TPAs/HQTAs.6There is the potential that future development proposals associated with implementation of the proposed project would be located within ½-mile of the existing or future TPAs/HQTAs with access to Santa Cruz Metropolitan Transit District (METRO), and thus, would have the potential to reduce vehicle miles travelled (VMT).

METRO offers fixed-route and paratransit services (ParaCruz) throughout Santa Cruz County and operates a commuter service via the Highway 17 Express to San Jose Diridon Station. In addition, Santa Cruz METRO offers a microtransit service, Cruz On-Demand, operated by METRO’s trained ParaCruz operators, extending METRO’s service area three quarters of a mile from any of METRO’s fixed bus routes, excluding Highway 17 and the UCSC campus.

METRO currently operates 24 routes. Routes include 4, 10, 15, 18, 19, 20, 22, 35/35A, 40, 41, 42, 55, 66, 68, 69A, 69W, 71, 72/72W, 74S, 75, 79, 91X, WC, and Hwy-17 Express. In addition, METRO provides four Transit Centers:
▪ Santa Cruz METRO Center (Pacific Station): 920 Pacific Ave., Santa Cruz, CA ▪ Watsonville Transit Center: 475 Rodriguez St., Watsonville, CA ▪ Cavallaro Transit Center: 246 Kings Village Road, Scotts Valley, CA (Not Staffed) ▪ Capitola Mall Transit Center: 1855 41st Ave., Capitola, CA (Not Staffed) Roadway System Level of Service. The 2023-2031 Housing Element is a policy document that would not change land use designations or in and of themselves authorize any development within the City. While the City is required by State law to facilitate development commensurate with its allocated share of regional housing needs, no change in the location or nature of allowable development would be authorized by the 2023-2031 Housing Element. Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with project-specific conditions and mitigation measures, as applicable, to reduce potential impacts required as part of the development review and environmental impact process.
6 Transit Priority Areas (2021) | Transit Priority Areas (2021) | Metropolitan Transportation Commission (ca.gov), accessed August 16, 2023 316
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The GPU EIR concluded that despite the imposition of regulatory requirements and Mitigation Measures TRANS1 and TRANS-6, impacts are significant and unavoidable. Thus, adoption and implementation of the proposed project ensures impacts remain as significant and unavoidable impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

C. WOULD THE PROJECT SUBSTANTIALLY INCREASE HAZARDS DUE TO A DESIGN FEATURE (E.G., SHARP CURVES OR DANGEROUS INTERSECTIONS) OR INCOMPATIBLE USES (E.G., FARM EQUIPMENT)?
The General Plan includes policies and actions relative to design hazards: Policy MO-2.2 Design Standards, Policy MO-2.3 Community Context, Action MO-2.1 Complete Street Standards, Policy MO-4.2 Standards, Policy MO-4.4 Driveways, Policy MO-4.6 Traffic Calming, Policy MO-8.6 Curb Cuts and Driveways, Action MO-8.4 Intersection Standard, Action MO-8.5 Highway 1 Interchanges, Action MO-9.2 Obstacles and Obstructions. The GPU EIR concluded less than significant impacts a with implementation of General Plan policies and actions, and regulatory requirements.

The City of Capitola has been urbanized for many years with established development, roads, and transportation systems.

Future development proposals would be evaluated to determine the appropriate land use permit for authorizing its use and the conditions for their establishment and operation. At a minimum, compliance with relevant Municipal Code standards would be required. In addition, future development proposals associated with implementation of the proposed project would be subject to review and approval by the City of Capitola Community Development and Public Works Departments. Access to a future development proposal site would be required to comply with all City design standards, which preclude the potential for dangerous conditions.

Also, future development proposals associated with implementation of the proposed project would be evaluated to ensure that adequate access and circulation to and within the future development site is provided. Access to the site must comply with all City design standards and would be reviewed by the City of Capitola and the Central Fire District of Santa Cruz County (CFD) to ensure that inadequate design features or incompatible uses do not occur and that they are designed to meet adopted standards. Thus, adoption and implementation of the proposed project ensures impacts remain as less than significant impacts. 317
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Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

D. WOULD THE PROJECT RESULT IN INADEQUATE EMERGENCY ACCESS? The General Plan includes policies and actions relative to emergency access: Action SN-2.2 Transportation Infrastructure, Action SN-3.3 Emergency Access, and Policy MO-2.1 Complete Streets. The GPU EIR concluded less than significant impacts with implementation of General Plan policies and actions, and regulatory requirements.

The City of Capitola has been urbanized for many years with established development, roads, and transportation systems.

No change in the location or nature of allowable development would be authorized by the 2023-2031 Housing Element. However, the 2023-2031 Housing Element does include policies and programs that would facilitate the production of future housing development. The City of Capitola and the Central Fire District of Santa Cruz County (CFD) would review the future development proposals associated with implementation of the proposed project in order to ensure that they are designed to meet adopted standards and provide adequate emergency access. In addition, roadways and driveways associated with future development proposals associated with implementation of the proposed project would be required to meet CFD emergency access standards, as well as comply with requirements from CFD and Capitola Police Department on a project-by-project basis. Thus, adoption and implementation of the proposed project ensures impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 318
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4.18 UTILITIES AND SERVICE SYSTEMS
Would the project:

New
Potentially
Significant
Impact
New Impact
Requiring
New
Mitigation
No New
Impact/
No Impact
Reduced
Impact
A. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
✓
B. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? ✓ C. Result in a determination by the wastewater treatment provider, which serves or may serve the project, that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ✓
D. Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
✓
E. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ✓

PRIOR ENVIRONMENTAL FINDINGS
General Plan Update EIR
The table below summarizes the utilities and service systems impacts and mitigation measures, if applicable.

UTILITIES AND SERVICE SYSTEMS – SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation WATER
UTIL-1: Buildout of the proposed Plan may result in
insufficient water supplies from existing entitlements and resources in 2035.

Significant None Available Significant Unavoidable
UTIL-2: The proposed Plan would require the construction of new water facilities or expansion of existing facilities, the construction of which may cause significant environmental effects.

Significant None Available Significant Unavoidable
UTIL-3: The Plan, in combination with past, present, and reasonably foreseeable development, may result in
significant cumulative impacts with respect to water supply.

Significant None Available Significant Unavoidable

SANITARY WASTEWATER (SEWER)
UTIL-4: The proposed Plan would not exceed wastewater
treatment requirements of the applicable Regional Water Quality Control Board (RWQCB).

Less Than Significant Not Applicable
UTIL-5: The proposed Plan would not require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.

Less Than Significant Not Applicable
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UTILITIES AND SERVICE SYSTEMS – SUMMARY OF IMPACTS AND MITIGATION MEASURES Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation UTIL-6: The proposed Plan would not result in a
determination by the wastewater treatment provider which serves or may serve the project that it does not have
adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments.

Less Than Significant Not Applicable
UTIL-7: The Plan, in combination with past, present, and reasonably foreseeable development, would result in less than significant cumulative impacts with respect to
wastewater.

Less Than Significant Not Applicable

STORMWATER DRAINAGE
UTIL-8: The proposed Plan would not require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.

Less Than Significant Not Applicable
UTIL-9: The Plan, in combination with past, present, and reasonably foreseeable development, would result in less than significant cumulative impacts with respect to
stormwater facilities.

Less Than Significant Not Applicable

SOLID WASTE
UTIL-10: The proposed Plan would be served by a landfill with sufficient permitted capacity to accommodate the
Plan’s solid waste disposal needs.

Less Than Significant Not Applicable
UTIL-11: The proposed Plan would comply with Federal,
State, and local statutes and regulations related to solid waste.

Less Than Significant Not Applicable
UTIL-12: The Plan, in combination with past, present, and reasonably foreseeable development, would result in less than significant cumulative impacts with respect to solid waste.

Less Than Significant Not Applicable
Source: Capitola General Plan Update Environmental Impact Report (June 2014), Table 1-1, Summary of Impacts and Mitigation Measures

Addendum to the Capitola General Plan Update EIR
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A. WOULD THE PROJECT REQUIRE OR RESULT IN THE RELOCATION OR CONSTRUCTION OF NEW

OR EXPANDED WATER, WASTEWATER TREATMENT OR STORM WATER DRAINAGE, ELECTRIC

POWER, NATURAL GAS, OR TELECOMMUNICATIONS FACILITIES, THE CONSTRUCTION OR RELOCATION OF WHICH COULD CAUSE SIGNIFICANT ENVIRONMENTAL EFFECTS? Existing water, sanitary sewer (wastewater, sewer), storm drain, electrical, natural gas, and telecommunications facilities exist in the City of Capitola.

Future development proposals would be required to comply with the applicable water supplier’s rules and regulations regarding water connection, service, and conservation, as well as the Central Fire District of Santa Cruz County’s requirements relative to the size of water lines and systems necessary to provide adequate fire flow service to development.

Future development proposals would be required to install or relocate, as applicable, on-site and off-site water, wastewater, storm drain, street, electricity, natural gas, and telecommunications infrastructure to serve the development. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

B. WOULD THE PROJECT HAVE SUFFICIENT WATER SUPPLIES AVAILABLE TO SERVE THE PROJECT

AND REASONABLY FORESEEABLE FUTURE DEVELOPMENT DURING NORMAL, DRY, AND MULTIPLE DRY YEARS?
The General Plan includes goals, policies, and actions relative to water supplies: Policy OSC-7.2 Soquel Creek, Policy OSC-8.3 Best Management Practices, Policy OSC-8.5 Native Plants, Policy OSC-8.6 City Properties, Policy OSC-8.7 Regional Collaboration, Policy OSC-8.8 Drainage Plans, Goal OSC-9, Policy OCS-9.1 Water Use, Policy OCS9.2 Drought-Tolerant Landscaping, Policy OCS-9.3 Public Outreach, Action OCS-9.1 Greywater, Action OCS-9.2 City Conservation Goals, Action OCS-9.3 Water Efficiency Audits, and Action OCS-9.4 Incentives. The GPU EIR concluded significant unavoidable impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

The City of Capitola is served by two water districts: Soquel Creek Water District and the City of Santa Cruz Water Department.

Soquel Creek Water District
The Soquel Creek Water District (SqCWD) service area encompasses seven miles of shoreline and extends from one to three miles inland into the foothills of the Santa Cruz mountains. The City of Capitola is the only incorporated area in the District. Unincorporated communities include Aptos, La Selva Beach, Opal Cliffs, Rio Del Mar, Seascape, and Soquel. The SqCWD relies exclusively on available groundwater. The table below provides an overview of SqCWD.
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Service Area Aptos, La Selva Beach, Opal Cliffs, Rio Del Mar, Seascape, Soquel, and portions of the City of Capitola
Population Over 40,600 residents (Per 2020 Annual Report to State Water Resources Control Board)
Community SCWD Serves Approximately 18,000 jobs, 22 parks, and 18 schools Housing Units 20,924 (2015); projected to be 20,912 in 2020 Service Connections Approximately 16,000 (Per 2020 Urban Water Management Plan) District Personnel 49
Fiscal Year 2022-2023 Budget $64.1 million
Annual Water Production 3,062 acre-feet (2020)
Sources of Supply 100% Groundwater (from CA Basin 3-001, Santa Cruz Mid-County Groundwater Basin)
Water Use by Category
Approximately 80% residential (single-family and multi-family), and 20% nonresidential (commercial, industrial, schools, governmental, landscape irrigation). SCWD has no agricultural accounts.

Average Water Use per Person On average about 50 gallons per day per person Miles of Pipe in System 167 miles
Number of Production Groundwater Wells 16 active, 2 standby, and 2 inactive Number of Tanks 18
Number of Groundwater Monitoring Wells 80
To support water conservation, the City of Capitola encourages residents to take advantage of residential water rebates offered by the SqCWD.

City of Santa Cruz Water Department
The City of Santa Cruz water service is provided to an area approximately 20 square miles in size, including the entire City of Santa Cruz, adjoining unincorporated areas of Santa Cruz County, a small part of the City of Capitola, and coastal agricultural lands north of the city. The Santa Cruz Water Department (SCWD) uses a combination of groundwater and surface water to serve its customers.

Almost 100,000 people rely on the Santa Cruz Water Department for water service. SCWD operates a system that includes more than 300 miles of pipes to bring water to customers, pumps and lift stations to move water where it's needed, and a water storage reservoir that captures our water supply before we purify the water and send it to your faucet.

Per the 2020 Urban Water Management Plan, the current population residing in the Santa Cruz water service area is estimated to be 96,186 people. Approximately two thirds of the total population, over 64,000, live inside the City limits. The University of California, Santa Cruz campus houses about 9,000 students on campus within City limits; although a majority of the campus was closed during 2020 due to the COVID-19 pandemic. It is estimated that almost 32,000 people, or about one third of the service area population, live outside the City limits. 322
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The Water Department’s major water infrastructure facilities include three water treatment plants, including the Graham Hill Water Treatment Plant and two groundwater treatment plants related to the Beltz well system7; four raw water pump stations; ten treated water pump stations; 15 distribution tanks with a total maximum capacity of 21.2 million gallons of treated water storage; seven surface water diversions; seven production wells; and approximately 300 miles of treated and raw water pipelines interconnecting the entire system.

To support water conservation, the Santa Cruz Water Department includes rebates on drip irrigation retrofits, graywater landscaping, turf replacement, water efficient toilets and washers, and rain catchments.

Urban Water Management Plans
State law requires an urban water supplier (supplier), providing water for municipal purposes to more than 3,000 urban connections/customers or providing more than 3,000 acre-feet annually, to adopt an Urban Water Management Plan (UWMP) every five years demonstrating water supply reliability in normal, single dry, and multiple dry water years.

These plans support the suppliers’ long-term resource planning to ensure that adequate water supplies are available to meet existing and future water needs. Within the UWMP, urban water suppliers must: 1) assess the reliability of water sources over a 20-year planning time frame; 2) describe demand management measures and water shortage contingency plans, 3) report progress toward meeting a targeted 20 percent reduction in percapita (per-person), 4) urban water consumption by a specified year (e.g., 2020, 2025, 2030, 2035, 2040), and 5) discuss the use and planned use of recycled water. The California Department of Water Resources (DWR) reviews the submitted plans to ensure they have addressed the requirements identified in the Water Code and submits a report to the Legislature summarizing the status of the plans for each five-year cycle.

Both the Soquel Creek Water District and the Santa Cruz Water Department have an approved 2020 UWMP. The 2020 UWMP is a long-range planning document that assesses current water demand, projects future demand over a minimum 20-year planning horizon, and identifies a mix of water resources and conservation efforts to meet future demand. The 2020 UWMP also includes SCWD’s Water Shortage Contingency Plan (WSCP), which identifies water shortage stages and associated curtailment actions to allow for efficient management of any water shortage with predictability and accountability.

Soquel Creek Water District
SqCWD relies entirely on groundwater for its water supply, which is overpumped and experiencing seawater intrusion, a condition that allows seawater to enter and contaminate the groundwater supply. However, SqCWD has taken action with the Pure Water Soquel project to increase groundwater replenishment and prevent salt water intrusion. The Pure Water Soquel project takes highly treated wastewater that would have previously been discharged into Monterey Bay and purifies it to replenish the groundwater basin.

Per SqCWD’s 2020 Urban Water Management Plan (UWMP), water use in 2020 was 3,062 acre-feet per year (AFY) and is projected to be 3,655 AFY in 2040. This projection takes into account many factors, including anticipated population growth. The Pure Water Soquel Project is a key component to meeting this demand while protecting 7 The City operates four groundwater production wells within the Beltz well system and three production wells at the Tait Diversion wells that are assumed to be hydraulically connected to surface water and considered to be tied to the City’s appropriative rights for surface diversion.
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groundwater resources. SqCWD projects that water supply in 2040 would be 3,655 AFY, which is sufficient to meet its projected demand.

Table 4.18-1
Soquel Creek Water District Projected Demands for Water Actual Demand
(AFY & MG)
Projected Demand
(AFY & MG)
Year 2020 Year 2025 Year 2030 Year 2035 Year 2040
3,347 AFY

1.09 MG
3,866 AFY

1.26 MG
3,822 AFY

1.24 MG
3,741 AFY

1.22 MG
3,655 AFY

1.19 MG
Population Estimates
38,706 40,666 42,726 44,890 47,163
Source: Soquel Creek Water District 2020 Urban Water Management Plan, Table 3-2, Table 4-3 and Table 7-3 SqCWD Water Service Reliability
Results of the water supply and demand analysis for normal, single dry, and five-year consecutive droughts are shown in SqCWD 2020 UWMP Tables 7-2, Table 7-3, Table 7-4, and 7-5. SqCWD expects to meet demands under all water year scenarios, implement Pure Water Soquel, pursue further evaluation of supplemental supply options to diversify supply, and promote continued water conservation, to ensure reliability for the SCMC Basin throughout the future.

Results of the water supply and demand analysis for normal, single dry, and five-year consecutive droughts are shown in SqCWD 2020 UWMP Table 7-3: DWR 7-2R Normal Year Supply and Demand Comparison, AFY; Table 7- 4: DWR 7-3R Single Dry Year Supply and Demand Comparison, AFY; and Table 7-5: DWR 7-4R Multiple Dry Years Supply and Demand Comparison, AFY.

The baseline demands established in SqCWD 2020 UWMP Section 4 could reach a maximum of 3,866 AFY as shown in SqCWD 2020 UWMP Table 7-2 and can be met with the normal year supplies as described in 2020 UWMP Section 7.1.2 under Sources for Water Data. As shown in SqCWD 2020 UWMP Table 7-4 and Table 7-5, demands during drought are expected to change in single dry and multiple dry years at the same percent of average supply identified for each year type in SqCWD 2020 UWMP Table 7-2.

SqCWD expects to meet demands under all water year scenarios, implement Pure Water Soquel, pursue further evaluation of supplemental supply options to diversify supply, and promote continued water conservation, to ensure reliability for the Santa Cruz Mid-County (SCMC) Basin throughout the future.

City of Santa Cruz 2020 Urban Water Management Plan
Per the City of Santa Cruz 2020 Urban Water Management Plan, water use in 2020 was approximately 2,600 million gallons (2.6 billion gallons). Due to long-term conservation measures, demand is expected to grow very 324
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slowly over the next 25 years. Accounting for projected population growth, demand is expected to reach about 2,765 million gallons (2.8 billion gallons) per year by 2040. Based upon these projections, SCWD can meet future demand with the implementation of its planned supply augmentation strategy if the region experiences typical rainfall.

Table 4.18-2
City of Santa Cruz Water Department Projected Demands for Water Normal Year Supply and Demand Comparison Under a Projected Climate Change Hydrology Year 2025 Year 2030 Year 2035 Year 2040 Year 2045
Supply Total 2,668 MG 2,694 MG 2,704 MG 2,765 MG 2,784 MG Demand Totals 2,668 MG 2,694 MG 2,704 MG 2,765 MG 2,784 MG Difference 0 MG 0 MG 0 MG 0 MG 0 MG
Population
Year 2020 Year 2025 Year 2030 Year 2035 Year 2040 Year 2045 96,168 101,964 106,072 109,193 112,853 113,650
Source: City of Santa Cruz 2020 Urban Water Management Plan, Table 3-2, Table 7-3C In 2025, the City of Santa Cruz will have implemented proposed water rights modifications identified and described in the Santa Cruz Water Rights Project Draft Environmental Impact Report, and in 2030, the City will have implemented the Aquifer Storage and Recovery (ASR) in the Santa Cruz Mid-County Groundwater Basin and/or the Santa Margarita Groundwater Basin. Under multi-year drought conditions in the near-term (2025), with proposed water rights modifications but before implementation of the ASR and planned infrastructure projects, available supplies would meet projected demand in years one through four of the multi-year drought scenario, but would fall short of demand by 27 percent in year five. While the analysis characterizes this vulnerability for year five of the drought period, depending on sequencing of rain years, in reality it is possible that such a shortage could occur sooner and persist longer through a multiple dry year period.

SCWD Water Service Reliability
Under multi-year drought conditions after 2030, with implementation of the ASR and planned infrastructure projects, available supplies would meet projected demand in years one through four of the multi-year drought scenario, and the year five shortage is anticipated to be substantially reduced with projected shortages no larger than a negligible two percent.
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Impact Analysis
With the water conservation measures described above, the SqCWD and City of Santa Cruz Water Department would have sufficient water to meet the projected housing demands inclusive of the 6th Cycle RHNA. Combined the SqCWD and City of Santa Cruz Water Department project the provision of 2,660.09 MG in Year 2025; 2,695.26 MG in Year 2030; and 2,705.24 MG in Year 2035; and 2,765.22 MG in Year 2040.

In addition, the 2023-2031 Housing Element includes a program for the City to actively pursue water conservation techniques and to notify water service agencies of their obligation to prioritize water allocation to affordable housing projects per SB 1087.

Adoption and implementation of the proposed project would not adversely affect the ability of the domestic water providers - Soquel Creek Water District or the City of Santa Cruz Water Department - to have sufficient water supplies available during normal, dry, and multiple dry year conditions for future development proposals associated with implementation of the proposed project within the City. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

C. WOULD THE PROJECT RESULT IN A DETERMINATION BY THE WASTEWATER TREATMENT

PROVIDER, WHICH SERVES OR MAY SERVE THE PROJECT THAT IT HAS ADEQUATE CAPACITY TO SERVE THE PROJECT’S PROJECTED DEMAND IN ADDITION TO THE PROVIDER’S EXISTING COMMITMENTS?
The General Plan includes policies, and actions relative to wastewater: Policy OSC-1.4 Regional Partnerships, Policy OSC-1.5 New Development, Action OSC-1.2 Education Partnerships, and Action OSC-9.1 Greywater. The GPU EIR concluded less than significant impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

Santa Cruz County Sanitation District
Sanitary sewer service for the City of Capitola is provided under contract through the Santa Cruz County Sanitation District (SCCSD). The SCCSD is a non-profit public agency which provides sewage collection, treatment, and disposal services to the Live Oak, Capitola, Soquel, and Aptos areas. The City of Capitola is not responsible for nor does it have the authority to maintain the sanitary sewers.

The City of Santa Cruz treats sewage from domestic and industrial sources at the Wastewater Treatment Facility near Neary Lagoon and discharges its effluent into the Pacific Ocean under the NPDES permit No CA0048194. The design treatment capacity (wet weather flow) of the City of Santa Cruz Wastewater Treatment Facility (Plant) is 81 million gallons per day (MGD). The NPDES mandatory limit for the average dry weather (ADW) flow is 17 MGD.

The average daily flow is less than 10 MGD.
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The maximum daily flow in 2019 was 30.6 MGD, and 3.2 billion gallons of treated wastewater effluent gallons was discharged from the Plant at an average daily rate of 8.7 MGD. 8 Wastewater (Sewer) Collection
Per the Sewer System Management Plan for the Davenport, Freedom, Santa Cruz County Sanitation Districts and the County of Santa Cruz (2022), the SCCSD serves a population of 72,200 in a 13-square mile area. SCCSD has 36,000 sewer connections, 186 miles of gravity sewers, 14 miles of force mains, 35 pump stations, and no lateral responsibility.

The SCCSD's customers generate approximately 5 to 6 MGD of wastewater. The main pump station along the transmission main is located at the D. A. Porath Wastewater Facility at 2750 Lode Street off 27th Avenue in Live Oak. This wastewater flows to the Lode Street pre-treatment facility. The SCCSD collection system is then pumped to the City of Santa Cruz Publicly Owned Treatment Works (POTW) for treatment. SCCSD is required to comply with the requirements of the City of Santa Cruz NPDES permit No. CA0048194. SCCSD does not own nor it is responsible for maintenance or repair of any portion of the sewer service laterals (the portion between the building and the public sewer main).

Future development proposals would be required to comply with applicable SCCSD’s rules and regulations regarding wastewater connection and service, including the wastewater lines and systems necessary to provide adequate services to the development. In addition, a future development proposal’s wastewater (sewer) plans would be reviewed by the City Engineer and would be required to provide sufficient capacity and comply with City standards.

Future development proposals associated with adoption and implementation of the proposed project would result in the generation of raw sewage that would be collected in the existing or new sewer collection facilities to support the development, and then transported to the City of Santa Cruz Publicly Owned Treatment Works (POTW) where it would be treated and ultimately discharged.

The wastewater treatment requirements issued by the Central Coast RWQCB (Region 3) for the City of Santa Cruz POTW that would receive wastewater from the project site were developed to ensure that adequate levels of treatment would be provided for the wastewater flows emanating from all land uses in its service area. Therefore, implementation of the proposed project not adversely affect the ability of the City or SCCSD to provide adequate capacity and service to existing and future developments. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 8 City of Santa Cruz, 2019 Wastewater Treatment Facility Annual Summary Report & Outfall Inspection Report, https://www.cityofsantacruz.com/home/showdocument?id=78881) 327
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D. WOULD THE PROJECT GENERATE SOLID WASTE IN EXCESS OF STATE OR LOCAL STANDARDS, OR

IN EXCESS OF THE CAPACITY OF LOCAL INFRASTRUCTURE, OR OTHERWISE IMPAIR THE ATTAINMENT OF SOLID WASTE REDUCTION GOALS?
The General Plan includes goals, policies, and actions relative to solid waste: Goal OSC-11, Policy OSC-11.1 Solid Waste Diversion, Policy OSC-11.2 City Diversion Rate, Policy OSC-11.3 Demolition Material Recycling, Policy OSC11.4 Building Design, Policy OSC-11.5 Recycling and Composting Space, Policy OSC-11.6 Reusable Goods, Policy OSC-11.7 Consumption/Waste Reduction, Policy OSC-11.8 Recycling at Events, Action OSC-11.1 Diversion Incentives, Action OSC-11.2 Restaurant Waste, Action OSC-11.3 Recycled Asphalt Pavement, and Action OSC-11.4 City Purchasing Policies. The GPU EIR concluded less than significant impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

Solid waste disposal within the City is subject to the requirements established in Municipal Code Chapter 8.04, Solid Waste and Edible Food Recovery.

The GPU EIR concluded less than significant impacts with implementation of regulatory requirements.

The City of Capitola has a franchise agreement with GreenWaste Recovery for the collection of refuse, recycling and yard waste. GreenWaste vehicles deliver Garbage and Organics to the Monterey Regional Waste Management District (MRWMD) in Marina for processing and/or disposal, while recyclables are delivered to the GreenWaste Transfer Facility in Watsonville.

Santa Cruz County Recycling and Trash Services is responsible for the operation and administration of solid waste diversion and disposal in the unincorporated area of the County. In addition, the County operates two solid waste facilities, the Buena Vista Landfill west of Watsonville and the Ben Lomond Transfer Station in the San Lorenzo Valley.

Presently, capacity is available at the several solid waste management facilities serving the City of Capitola, and these facilities would be available to service future development proposals associated with adoption and implementation of the proposed project. In addition, future development proposals associated with implementation of the proposed project would be required to comply with the Municipal Code, which requires providing adequate areas for collecting and loading recyclable materials in concert with Countywide efforts and programs to reduce the volume of solid waste entering landfills. In addition, the location of recycling/separation areas is required to comply with all applicable Federal, State, public health, or local laws relating to fire, building, access, transportation, circulation, or safety. Compliance with all applicable State, Santa Cruz County, and City regulations for the use, collection, and disposal of solid and hazardous wastes is also mandated. It can be assumed that future development proposals associated with implementation of the proposed project would include adequate, accessible and convenient areas for collecting recyclable materials. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 328
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E. WOULD THE PROJECT COMPLY WITH FEDERAL, STATE, AND LOCAL MANAGEMENT AND REDUCTION STATUTES AND REGULATIONS RELATED TO SOLID WASTE? The General Plan includes goals, policies, and actions relative to solid waste: Goal OSC-11, Policy OSC-11.1 Solid Waste Diversion, Policy OSC-11.2 City Diversion Rate, Policy OSC-11.3 Demolition Material Recycling, Policy OSC11.4 Building Design, Policy OSC-11.5 Recycling and Composting Space, Policy OSC-11.6 Reusable Goods, Policy OSC-11.7 Consumption/Waste Reduction, Policy OSC-11.8 Recycling at Events, Action OSC-11.1 Diversion Incentives, Action OSC-11.2 Restaurant Waste, Action OSC-11.3 Recycled Asphalt Pavement, and Action OSC-11.4 City Purchasing Policies. The GPU EIR concluded less than significant impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

State, County, and local agencies with regulatory authority related to solid waste include the California Department of Resources Recycling and Recovery, Santa Cruz County Recycling and Trash Services, and the City of Capitola. Regulations specifically applicable to the development proposals include the California Integrated Waste Management Act of 1989 (AB 939), CalGreen Code Section 4.408, which the Municipal Code has adopted by reference, and SB 341, which requires multi‐family residential development and commercial uses to implement recycling programs.

The Integrated Waste Management Act, which requires every City and County in the State to prepare a Source Reduction and Recycling Element (SRRE) to its Solid Waste Management Plan, identifies how each jurisdiction will meet the State’s mandatory waste diversion goal of 50 percent by and after the year 2000. The diversion goal has been increased to 75 percent by 2020 by SB 341.

Municipal Code Chapter 8.04, Solid Waste and Edible Food Recovery stipulates standards and regulations for the collection and management of solid waste in the City, in accordance with the Integrated Waste Management Act.

CalGreen Code Section 4.408 requires preparation of a Construction Waste Management Plan that outlines ways in which the contractor would recycle and/or salvage for reuse a minimum of 50 percent of the nonhazardous construction and demolition debris.

Future development proposals would comply with the CalGreen Code through the recycling and reuse of at least 50 percent of the non-hazardous construction and demolition debris from the development site during the construction phase.

Future development proposals associated with adoption and implementation of the proposed project are not anticipated to result in unusual waste production characteristics, and thus, would not include any components that would conflict with State laws governing construction or operational solid waste production or diversion.

Also, future development proposals associated with implementation of the proposed project would subject to all applicable Federal, State, and local statutes and regulations related to solid waste, including the California Integrated Waste Management Act, Santa Cruz County, and City of Capitola recycling programs, ensuring compliance with Federal, State, and local statutes and implementation requirements related to the management of solid waste. Thus, adoption and implementation of the proposed project ensure impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 329
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4.19 WILDFIRE
Would the project:

New
Potentially
Significant
Impact
New Impact
Requiring
New
Mitigation
No New
Impact/
No Impact
Reduced
Impact
A. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? ✓
If located in or near state responsibility areas or lands classified as high fire hazard severity zones, would the project:

B. Substantially impair an adopted emergency response plan or emergency evacuation plan? ✓
C. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
✓
D. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
✓
E. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
✓

PRIOR ENVIRONMENTAL FINDINGS
General Plan Update EIR
The table below summarizes the wildfire impacts and mitigation measures, if applicable.

WILDFIRE – SUMMARY OF IMPACTS AND MITIGATION MEASURES
Impact Significance Before
Mitigation Mitigation Measures Significance With Mitigation HAZ-8: Implementation of the proposed Plan would not
expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands.

Less Than Significant Not Applicable
Source: Capitola General Plan Update Environmental Impact Report (June 2014), Table 1-1, Summary of Impacts and Mitigation Measures 331
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A. WOULD THE PROJECT EXPOSE PEOPLE OR STRUCTURES, EITHER DIRECTLY OR INDIRECTLY, TO A SIGNIFICANT RISK OF LOSS, INJURY, OR DEATH INVOLVING WILDLAND FIRES? The General Plan includes goals, policies, and actions relative to wildland fires: Goal 3, Policy SN-3.1 Cooperative Agreements, Policy SN-3.2 Public Education, Policy SN-3.3 City-Owned Space, Policy SN-3.4 Development Review, Policy SN-3.5 Fire Hazard Risk Assessment, Policy SN-3.6 Fire Safety Plans, Policy SN-3.7 District Support, Action SN-3.1 Invasive Species, Action SN-3.2 Sign/Address Marking Visibility, Action SN-3.3 Emergency Access, Goal 5, Goal SN-5, Policy SN-5.1 Coordination with Other Agencies, Policy SN-5.2 Community Groups, Policy SN-5.3 Emergency and Evacuation Routes, Policy SN-5.4 Urban Area Security Initiative, Action SN-5.1 Emergency Response Plan, Action SN-5.2 County Preparedness Exercises, Action SN-5.3 Preparedness Training, Action SN-5.4 Preparedness Outreach, Action SN-5.5 Critical Facilities, and Action SN-5.6 Local Hazard Mitigation Plan. The GPU EIR concluded less than significant impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

The City of Capitola has been urbanized for many years with established development throughout the City.

According to the California Department of Forestry and Fire Protection (CAL FIRE), the eastern edge of the City is located in a High and Moderate fire hazard severity zone within a Local Responsibility Area (LRA), as shown in GPU EIR Figure 4.6-1. These areas contain significant vegetation, in particular large stands of Eucalyptus trees in and around New Brighton State Park and along Park Avenue. These trees are highly flammable due to the large amounts of leaf litter on the ground and the oil content of the leaves.

The proposed project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with projectspecific conditions and mitigation measures to reduce potential impacts required as part of the development review and environmental impact processes. This can include, but is not limited to, Federal and State laws and regulations, California Building Code, California Fire Code, Municipal Code requirements; and General Plan goals, policies, and implementation programs, including those identified in the proposed project. As such, future development proposals associated with implementation of the proposed project would expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are 332
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adjacent to urbanized areas or where residences are intermixed with wildlands. Thus, adoption and implementation of the proposed project ensures impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

B. IF LOCATED IN OR NEAR STATE RESPONSIBILITY AREAS OR LANDS CLASSIFIED AS HIGH FIRE

HAZARD SEVERITY ZONES, SUBSTANTIALLY IMPAIR AN ADOPTED EMERGENCY RESPONSE PLAN OR EMERGENCY EVACUATION PLAN?
The General Plan includes goals, policies, and actions relative to high fire severity zones: Goal 3, Policy SN-3.1 Cooperative Agreements, Policy SN-3.2 Public Education, Policy SN-3.3 City-Owned Space, Policy SN-3.4 Development Review, Policy SN-3.5 Fire Hazard Risk Assessment, Policy SN-3.6 Fire Safety Plans, Policy SN-3.7 District Support, Action SN-3.1 Invasive Species, Action SN-3.2 Sign/Address Marking Visibility, Action SN-3.3 Emergency Access, Goal 5, Goal SN-5, Policy SN-5.1 Coordination with Other Agencies, Policy SN-5.2 Community Groups, Policy SN-5.3 Emergency and Evacuation Routes, Policy SN-5.4 Urban Area Security Initiative, Action SN5.1 Emergency Response Plan, Action SN-5.2 County Preparedness Exercises, Action SN-5.3 Preparedness Training, Action SN-5.4 Preparedness Outreach, Action SN-5.5 Critical Facilities, and Action SN-5.6 Local Hazard Mitigation Plan. The GPU EIR concluded less than significant impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

The City of Capitola has been urbanized for many years with established development throughout the City.

The proposed project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Nor would adoption and implementation of the proposed project impair implementation of emergency response plans or emergency evacuation plans. Thus, adoption and implementation of the proposed project ensures impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard.

C. IF LOCATED IN OR NEAR STATE RESPONSIBILITY AREAS OR LANDS CLASSIFIED AS HIGH FIRE

HAZARD SEVERITY ZONES,WOULD THE PROJECT, DUE TO SLOPE, PREVAILING WINDS, AND

OTHER FACTORS, EXACERBATE WILDFIRE RISKS, AND THEREBY EXPOSE PROJECT OCCUPANTS

TO POLLUTANT CONCENTRATIONS FROM A WILDFIRE OR THE UNCONTROLLED SPREAD OF A WILDFIRE?
D. IF LOCATED IN OR NEAR STATE RESPONSIBILITY AREAS OR LANDS CLASSIFIED AS HIGH FIRE

HAZARD SEVERITY ZONES, WOULD THE PROJECT REQUIRE THE INSTALLATION OR

MAINTENANCE OF ASSOCIATED INFRASTRUCTURE (SUCH AS ROADS, FUEL BREAKS,

EMERGENCY WATER SOURCES, POWER LINES, OR OTHER UTILITIES) THAT MAY EXACERBATE

FIRE RISK OR THAT MAY RESULT IN TEMPORARY OR ONGOING IMPACTS TO THE ENVIRONMENT?
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E. IF LOCATED IN OR NEAR STATE RESPONSIBILITY AREAS OR LANDS CLASSIFIED AS HIGH FIRE

HAZARD SEVERITY ZONES, WOULD THE PROJECT EXPOSE PEOPLE OR STRUCTURES TO

SIGNIFICANT RISKS, INCLUDING DOWNSLOPE OR DOWNSTREAM FLOODING OR LANDSLIDES, AS A RESULT OF RUNOFF, POST-FIRE SLOPE INSTABILITY, OR DRAINAGE CHANGES? The General Plan includes goals, policies, and actions relative to state responsibility areas: Goal 3, Policy SN-3.1 Cooperative Agreements, Policy SN-3.2 Public Education, Policy SN-3.3 City-Owned Space, Policy SN-3.4 Development Review, Policy SN-3.5 Fire Hazard Risk Assessment, Policy SN-3.6 Fire Safety Plans, Policy SN-3.7 District Support, Action SN-3.1 Invasive Species, Action SN-3.2 Sign/Address Marking Visibility, Action SN-3.3 Emergency Access, Goal 5, Goal SN-5, Policy SN-5.1 Coordination with Other Agencies, Policy SN-5.2 Community Groups, Policy SN-5.3 Emergency and Evacuation Routes, Policy SN-5.4 Urban Area Security Initiative, Action SN5.1 Emergency Response Plan, Action SN-5.2 County Preparedness Exercises, Action SN-5.3 Preparedness Training, Action SN-5.4 Preparedness Outreach, Action SN-5.5 Critical Facilities, and Action SN-5.6 Local Hazard Mitigation Plan. The GPU EIR concluded less than significant impacts with implementation of General Plan goals, policies. and actions, and regulatory requirements.

The California Department of Forestry and Fire Protection (CAL FIRE) is focused on fire protection and stewardship of over 31 million acres of California's privately-owned wildlands. Preventing wildfires in the State Responsibility Area (SRA) is a key component of CAL FIRE's mission, and in more recent decades, CAL FIRE has adapted to the evolving destructive wildfires and succeeded in significantly increasing its efforts in fire prevention. CAL FIRE's Fire Prevention Program consists of multiple activities including wildland pre-fire engineering, vegetation management, fire planning, education and law enforcement. Typical fire prevention projects include brush clearance, prescribed fire, defensible space inspections, emergency evacuation planning, fire prevention education, fire hazard severity mapping, and fire-related law enforcement activities. The Office of the State Fire Marshall has the responsibility for Fire and Resource Assessment Program (FRAP), inclusive of the fand preparing the Fire Hazard Severity Zone (FHSZ) mapping.

As shown in GPU EIR Figure 4.6-1, the eastern edge of the City is located in a High and Moderate fire hazard severity zone within a Local Responsibility Area (LRA). Per the updated CAL Fire Santa Cruz County State Responsibility Area (SRA) Fire Hazard Severity Zones dated June 15, 2023, the City of Capitola is not located within a Local SRA, but is located within a Fire Protection Responsibility Area (Non-SRA) – Local Responsibility Area.9 The City of Capitola is outside a State Responsibility Area (SRA) per Fire Hazard Severity Zones viewer in State Responsibility Area10.

The City of Capitola has been urbanized for many years with established development throughout the City. Due to the urbanized nature of the City, there is potential to expose people or structures to significant wildfire risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.

The proposed project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the proposed project would be required to comply with all applicable regulations and development standards, along with projectspecific conditions and mitigation measures to reduce potential impacts required as part of the development review and environmental impact processes. This can include, but is not limited to, Federal and State laws and 9 CAL FIRE, Fire Hazard Severity Zones in State Responsibility Area - Santa Cruz County (ca.gov), accessed August 17, 2023 10 CAL FIRE, Fire Hazard Severity Zones (ca.gov), accessed August 17, 2023 334
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regulations, California Building Code, California Fire Code, Municipal Code requirements; and General Plan goals, policies, and implementation programs, including those identified in the proposed project. As such, future development proposals associated with implementation of the proposed project would expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Thus, adoption and implementation of the proposed project ensures impacts remain as less than significant impacts.

Conclusion: No New Impact. The changes associated with the proposed project would not result in any new impacts or increase the severity of impacts in this regard. 335
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4.20 ADDENDUM DETERMINATION
As analyzed in this Addendum, potential impacts associated with the proposed changes (2023-2031 Housing Element) are consistent with potential impacts characterized and mitigated for in the Capitola General Plan Update Environmental Impact Report (EIR). The proposed changes would also be subject to the same mitigation measures as the Capitola General Plan Update EIR for Air Quality, Cultural Resources, Noise, Transportation & Traffic, and Greenhouse Gases.

Substantive revisions to the Capitola General Plan Update EIR are not necessary because no new significant impacts or impacts of substantially greater severity than previously described would occur as a result of the proposed changes (2023-2031 Housing Element). Therefore, the following determinations have been found to be applicable:
▪ No further evaluation of environmental impacts is required for the proposed changes; ▪ No Subsequent EIR is necessary per CEQA Guidelines Section 15162; and ▪ This Addendum is the appropriate level of environmental analysis and documentation for the revised project in accordance with CEQA Guidelines Section 15164. 337
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4.21 REFERENCES
Following is a list of reference documents and maps utilized in the preparation of this Addendum.

Association of Monterey Bay Area Governments (AMBAG), 2022 Regional Growth Forecasts, Appendix A_2022 RGF (ambag.org)
California Department of Forestry and Fire Protection (CAL FIRE), Santa Cruz County Very High Severity Zones in LRA (Local Responsibility Area) Map, Fire Hazard Severity Zones (ca.gov), accessed August 17, 2023 California Department of Forestry and Fire Protection (CAL FIRE), Santa Cruz County Fire Hazard Severity in SRA (State Responsibility Area) Map, June 15, 2023
California Department of Water Resources, Santa Cruz Mid-County Groundwater Sustainability Plan, https://sgma.water.ca.gov/portal/service/gspdocument/download/3166, accessed August 16, 2023 California State Regional Water Quality Control Board, Water Quality Control Plan for the Central Coastal Basin (ca.gov), accessed August 16, 2023
City of Capitola, City of Capitola General Plan, Adopted June 26, 2014, Updated March 13, 2019 City of Capitola, City of Capitola General Plan Update Environmental Impact Report, June 26, 2014 City of Capitola, 2023-2031 Capitola Housing Element, August 2023 City of Capitola, Capitola Municipal Code, codified through Ordinance 1060, passed June 8, 2023 City of Santa Cruz, 2019 Wastewater Treatment Facility Annual Summary Report & Outfall Inspection Report, https://www.cityofsantacruz.com/home/showdocument?id=78881) City of Santa Cruz 2020 Urban Water Management Plan, Urban Water Management Plan 2020 | City of Santa Cruz, accessed November 1, 2023
Metropolitan Transportation Commission, Transit Priority Areas (2021) | Transit Priority Areas (2021) | Metropolitan Transportation Commission (ca.gov), accessed August 16, 2023 Soquel Creek Water District 2020 Urban Water Management Plan, Urban Water Management Plan | Soquel Creek Water District, CA, accessed November 1, 2023
United States Census Bureau, U.S. Census Bureau QuickFacts: Capitola city, California, accessed August 16, 2023
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4.22 REPORT PREPARATION PERSONNEL

CITY OF CAPITOLA (LEAD AGENCY)
420 Capitola Avenue
Capitola, CA 95010
Katie Herlihy, AICP, Community Development Director

MORSE PLANNING GROUP (CEQA CONSULTANT)
145 N C Street
Tustin, California 92780
Collette L. Morse, AICP, Principal, Project Manager
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Capitola City Council
Agenda Report
Meeting: November 9, 2023
From: Finance Department
Subject: FY 2023-24 City Fee Schedule
Recommended Action: Adopt a resolution amending the fee schedule for Fiscal Year (FY) 2023-

24. (Continued from October 26, 2023)
Background: On April 28, 2022, the City Council approved the formation of the Temporary Village Parking Committee (TVPC) and made appointments to the committee. The appointments consisted of three City residents, three Village business representatives, one member of the Finance Advisory Committee, and two members of the City Council.

The TVPC met seven times from May 2022 through Feb. 2023 to review and discuss parking meter rates, parking permits, parking signage, and renaming the Upper and Lower Beach & Village Parking lots. The TVPC is making the following recommendations for City Council consideration.

The TVPC made the following recommendation regarding parking permits:
o Add Holidays as a parking permit requirement on Fanmar/Terrace and the 300 block of San Jose Avenue (currently only restricted on weekends) o Transferable permits – Hotels/Motels – increase from $50 per year to $365 per year, maximum of 10 permits allowable.
o Surf & Coffee Permits – increase from $50 per year to $55 per year and increase the number of permits from 75 to 100.

Discussion: In March 2023, the City Council received recommendations from the Temporary Village Parking Committee to increase parking meter and parking permit rates. On June 22, 2023, the City Council adopted Ordinance No. 1061 to implement the Committee’s recommendations for parking meter rates. Following City Council adoption, the ordinance was certified by the California Coastal Commission. Changes to parking meter rates will take effect January 1, 2024.

The City’s current FY 2023-24 Fee Schedule was adopted on June 22, 2023. Now that Ordinance No. 1061 has been certified by the California Coastal Commission, staff recommends amending the FY 2023-24 Fee Schedule to implement the Temporary Village Parking Committee’s recommendations for parking permit fees. Changes to parking permit rates will take effect upon adoption of the proposed resolution, in anticipation of the sale of 2024 permits.

Fiscal Impact: If approved, annual parking permit revenue is estimated to increase $3,500 to $4,000.

Attachments:

1. FY 2023-24 Amended Fee Schedule

2. FY 2023-24 Amended Fee Schedule Comparison
Report Prepared By: Jim Malberg, Finance Director
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Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
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RESOLUTION NO. ___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE CITY’S FEE SCHEDULE FOR
FISCAL YEAR 2023-24
WHEREAS, the City Council adopted Resolution No. 4327 on June 22, 2023, adopting the City’s Fee Schedule for Fiscal Year 2023-24, including an increase to parking meter rates; and
WHEREAS, since that adoption the City has received final certification from the California Coastal Commission to increase parking meter rates; and WHEREAS, staff is proposing to amend the FY 2023-24 Fee Schedule as follows:
 Village Preferential Permit – Hotels/Motels - $365 per year o Increased from $50 per year.
 Morning Village Parking Permit - $55 per year
o Increased from $50 per year.

WHEREAS, the proposed fees do not exceed the cost of providing the related services, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Capitola does hereby amend the City of Capitola Fee Schedule as shown in Exhibit A (Fee Schedule 2023-24) attached hereto.

BE IT FURTHER RESOLVED that the above fees become effective immediately upon adoption of this resolution.

I HEREBY CERTIFY that the above and foregoing Resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 26 th of October 2023,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Margaux Keiser, Mayor
ATTEST:
______________________________
Julia Gautho, City Clerk
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Item 7 E.

Description 2023/2024 Amended Fee Schedule
Administrative Decision Appeal Fee $593
Bingo Permit $71
Capitola Municipal Code 0.15 / page
Capitola Municipal Code Supplement Service (Per year) $0 Copies:
1-5 copies $0
6 or more copies (per copy) $0.25 / page
Gov’t Code § 81008 (Political Reform Act) statements/reports (Per copy) $0.10 / page
Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour Simple film permit $54
Major film permit $272
Entertainment Permit Application Fee $44
Single Event Permit $44
Minor Entertainment Permit $184
Regular Entertainment Permit $689
Pet Shops and Kennel License Fee (Municipal Code §

5.20.020) set only by ordinance $20
Returned Check Fee $44
Business License Overpayment Refund Fee (resolution 3532, ord 871) $0 (Set to -0- by Council in 2011)
Business License Late Payment Penalty Admin. Fee $35 + 10% each month late Business License Application Fee (Reso. 3532) $25
Business License - Disability Access and Education Fee
(State) $4
Temporary, Publicly Attended Activities, Application Fee (Municipal Code § 9.36.040) $34
Public Art (Total Building Valuation $250,000 or more)
(Municipal Code Chapter 2.58) 2% of TBV or 1% in lieu to City Notice of Intent to Circulate Initiative Petition (Elections Code § 9103(b)) $200.00
Bandstand Rental Fee $246 / 4 hrs or $492 all day / deposit $1,500 Outdoor Dining Rental Fees
Parking Spaces $3,400 annually for each space or partial space Sidewalks and non-parking spaces $18.00 per square foot annually Outdoor Dining Maintenance Deposit
Sidwalks and non-parking spaces $500
1-2 parking spaces $1,000
3-5 parking spaces $1,500
Notary Service Fees (State Code)
Acknowledgment or proof of a deed, or other instrument, to include the seal and writing of the certificate
$15 / signature
Administering an oath or affirmation to one person and
executing the jurat, including the seal $15 / signature Credit Card Transaction Fee 3%
Electric Vehicle Charging Fee $0.50 / hour
Cannabis Annual License Fee $2,827
Retail Cannabis Application Fee $1,843

MISCELLANEOUS FEES
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Item 7 E.

Description 2023/2024 Amended Fee Schedule
Special Event Permit $68
Amplified Sound Permit (Municipal Code 9.12.040) $32
DUI Cost Recovery Fee (Res. 3533) Not to exceed $12,000 Copies of reports: Crime Reports, Special Reports, etc. (Regardless of number of pages) $0.25 / page Copies of: Citations, Code sections, Ordinances, etc. $0.25 / page Bicycle Licenses (New) $0
Bicycle Licenses (Renewal) $0
Citation Sign-Offs $0
Photographs $20 + administration fees
VIN verifications $18
Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour
Firearm Dealer License - City Application $100
Local Firearm dealers (set by state)
New application set by state
Renewal set by state
Second Dealers License (set by state)
Application set by state
Renewal set by state
Taxi Fee per application set by state
Tobacco retail license $289
Civil Subpoena (per case) (set by state) set by state
Parking Permits (separate action by the Council)
Neighborhoods per year (Resolution No. 3733) $25
Village Preferential Permit (Resolution No. 3733) $50 per year Village Preferential Permit - Hotels/Motels (Resolution No. 3733) $365 per year Village Employer/Employee Permit (Resolution No. 3733) $50 per year Morning Village Parking Permit (Resolution No. 3715) $55 per year Carrying a Concealed Weapon (CCW) Permit - City Application $115 Concealed Weapon Permits (set by state)
Application
Standard set by state
Judicial set by state
Employment set by state
Renewal
Standard set by state
Judicial set by state
Employment set by state
Firearm Surrender Fees (set by state law)
1-5 guns set by state
6+guns set by state
Vehicle Storage per day $30
Administrative fee to release Impounded / Stored Vehicle $145 Surf School Permit Fee $594

POLICE DEPARTMENT FEES
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Item 7 E.

Description 2023/2024 Amended Fee Schedule
Encroachment Permits
Revocable Encroachment Permit - Outdoor Dining $230
Non-Construction Items (includes materials storage within right-of-way road and sidewalk closures $75
Village Sidewalk Encroachment Permit $44
Village Parking Space Encroachment Permit (annually) $3,400 Construction Items
Level A $227
Level B $503
Level C $1,004
Level D $1,633
Level E $2,263
Residential Blue Curb Application Fee $237
Residential Blue Curb Annual Fee $60
Blanket Permits (repair and maintenance of existing facilities) $2,513 Private Improvement Permits/Encroachment Agreement
Applications for Minor Permits $251
Applications for Major Permits $629
New Memorial Bench $1,137
Replacement Memorial Bench $554
Memorial Plaque $854
Replacement Plaque $277
Memorial Plaque (tree) $545 + Cost of Tree
Memorial Picnic Table $1,822
Seasonal Boat Storage Permits
Seasonal Permit $400 per month
Short Term Permit $15 per day
Stormwater Development Review Fee
Stormwater Plan Review Fee $124
Large Project Plan Review Deposit
Tier 2 $3,771
Tier 3 & 4 $5,028
Research Fee - 1/2 hour minimum charge Cost
Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee Final Map Cost; $3,000 min. deposit

PUBLIC WORKS DEPARTMENT FEES
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Item 7 E.

Description 2023/2024 Amended Fee Schedule
Administration/Documents
Continuance Request - Applicant (2+) $185
Staff Billing Rate Cost
Appeals-by Applicant Cost
Appeals- by City Officials $0
Appeals- by Other $594
Coastal Development Permit Appeal $0
Appeals -Building/Zoning Code Violations $594
Records Search/Research/Special Report Cost
Administrative Permits
Tree Remova l- Staff Review $150
Tree Removal -- 3 or more trees on a property $323
Tree Installation Deposit (Refundable) $500 Deposit
Tree replacement in-lieu fee (if available) $600 per tree Tree removal w/ PC approval $1,000 deposit
Commercial Sidewalk/Parking Lot Sale Permit $89
Tenant Use Permit (MCUP)--Staff approval $90
Transient Rental Occupancy Use Permit $629
Home Occupation Use Permit $189
Fence Permit- Staff approval $50
Fence Permit- PC approval $943
Sidewalk vendor permit $138
Sidewalk vendor annual refuse fee $555
Temporary Sidewalk Dining $90
Temporary Use Administrative Permit $90
Sign Permits
Temporary Signs and Banner Permits $45
Signs permit - Staff Review $151
Signs permit - PC Review $629
Master Sign Program Cost; $3,000 min deposit
Village Sidewalk Sign Permit $77
Design Permits
Residential Single Family/Minor Design Permit - Staff Review $919 Residential Single Family - PC Review $3,143
Residential Multi-Family - PC Review $4,398
Commercial - PC Review $4,000 Deposit
Secondary Dwelling Unit- Staff Review $629
Secondary Dwelling Unit- PC Review $1,887
Residential Multi-Family/Minor Design Permit - Staff Review $2,000 deposit Commercial Minor Design Permit $2,000 deposit
Historic In-Kind Replacement Design Permit $500 deposit Outdoor Dining - Custom Deck $1,000 deposit
Use Permits
Master Conditional Use Permit Cost; $3,500 min. deposit Conditional Use Permit/Minor Use Permit - Staff Review $1,854 Conditional Use Permit - PC approval Cost; $3,000 min. deposit Temporary Use Permit $94
Subdivisions
Certificate of Compliance & Lot Merger $629
Boundary Line Adjustment $1,004
Tentative Parcel Map Cost; $2,000 min. deposit
Tentative Map Cost; $5,000 min. deposit
Revised Map $2,000 Deposit
Time Extension $2,000 Deposit
Subdivision Modification $2,000 Deposit

PLANNING FEES
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Item 7 E.

Description 2023/2024 Amended Fee Schedule
Plan Amendments
General Plan Amendment Cost; $5,000 min. deposit
Local Coastal Plan Amendment Cost; $5,000 min. deposit
Rezone Cost; $5,000 min. deposit
Planned Development Rezone Cost; $3,500 min. deposit
Other Discretionary Permits
Variance $1,887
PC review of minor modifications $1,696
Coastal Development Permit $943
Coastal Permit Exclusion $106
Mobile home Park Change of Use or Closure $5,000 Deposit Development Agreement $10,000 min. deposit
Developer agreement annual review $2,500 deposit
Specific Plan Cost; $5,000 min. deposit
Permit Time Extension -Staff Review $629
Permit Time Extension - PC Review $1,887
Permit Amendment (any permit) 50% of original cost
Annexation Costs+ overhead / $3,000 min. deposit
Minor Modification $1,887
Environmental Review
Negative Declaration (and Mitigated ND) Cost; $2,000 min deposit EIR Processing Cost; + 21% of consultant; $10,000 min deposit Mitigation/Condition Monitoring Program Cost + 21%
NEPA Compliance Cost + 21%
Other Permits/Fees
Conceptual Review Fee- PC $1,887
Conceptual Review Fee- PC and CC $2,828
Technical Study Preparation and Review Cost + 21%
NOTE: Third party review costs to be required as necessary Cost + 21% Code Compliance Double Application Fees
Code Compliance confiscated property recovery fee $298
Research Fee - 1/2 hour minimum charge Cost
Pre-Application Review $264
Building Plan Check & Final Inspection 20% of Building Permit Fee Major Development Project Fee Cost; $5,000 min. deposit Historical significance determination $4,250 deposit
Inclusionary Housing
Inclusionary Housing - Unit Sale $629
Inclusionary Housing - Unit Refinance $252
Single Family Residence $2.50 per square foot
Other Fees and Assessments
General Plan Maintenance Fee Total Building Valuation X 0.5% Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee Green Building Educational Resource Fund Fee (Municipal Code 17.10.080) Fee equals .0025 times the overall building permit valuation of the project.

Affordable Housing In-Lieu Fees
For Sale Housing Developments of two to six units (Municipal Code Chapter 18.02) :

All Units $25 per sq. ft.

For Sale Housing Developments of Seven or more units
#Units #Units Built
7 1 $0
8-13 1 Total # units minus 7 @ $25 per avg. sq. ft. per unit 14 2 $0
15-20 2 Total # units minus 14 @ $25 per avg. sq. ft. per unit 21 3 $0
22-27 3 Total # units minus 21 @ $25 per avg. sq. ft. per unit 28 4 $0
Rental Multi-Family $6 per sq. ft.
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Description 2023/2024 Amended Fee Schedule
Affordable Housing Impact Fees
For Sale Housing Developments of Six or Less Units $25 per square foot Rental Multi-Family $6 per square foot
Additional to Housing Units of 50% or more (charged to additional square footage only) $2.50 per square foot NOTES:

1. All Fees are non‐refundable.

2. Deposit accounts are billed on a time and material basis. Additional deposits may be necessary depending on the complexity of the project. Any
unused monies in a deposit account will be refunded following case closure.

3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.

4. Applications which include a fee and a deposit payment will be processed with a single deposit account.

5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.

6. The Community Development Director may establish a reasonable fee or deposit amount for permit NOTES:

1. All Fees are non‐refundable.

3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.

4. Applications which include a fee and a deposit payment will be processed with a single deposit account.

5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.

6. The Community Development Director may establish a reasonable fee or deposit amount for permit 351
Item 7 E.

Description 2023/2024 Amended Fee Schedule
The cost of a “combination building permit” shall be 1.5 times the amounts shown in Table 1-A. A “combination building permit” is defined as a permit for a scope of construction work regulated by two or more of the model codes. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.

The cost of a “building permit”shall be the amounts shown in Table 1-A.

A “building permit” is defined as a permit for a scope of construction work regulated solely by a single model code. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.

TABLE 1-A
Total Valuation FEES
$1.00 to $500.00 $29.55
$501.00 to $2,000.00 $29.55 for the first $500.00 plus $3.83 for each additional $100.00 or fraction thereof.
$2,001.00 to $25,000.00 $87.00 for the first $2,000.00 plus $17.59 for each additional $1000.00 or fraction thereof.
$25,001.00 to $50,000.00 $491.57 for the first $25,000.00 plus $12.69 for each additional $1,000.00 or fraction thereof.
$50,001.00 to $100,000.00 $808.82 for the first $50,000.00 plus $8.81 for each additional $1,000.00 or fraction thereof.
$100,001.00 to $500,000.00 $1,249.32 for the first $100,000.00 plus $7.05 for each additional $1,000.00 or fraction thereof.
$500,001.00 to $1,000,000.00 $4,069.32 for the first $500,000.00 plus $5.97 for each additional $1,000.00 or fraction thereof.
$1,000,001.00 and up $7,054.32 for the first $1,000,000.00 plus $3.23 for each additional $1,000.00 or fraction thereof.

Building Plan Check Fee 65% of Building Permit Fee
Reinspection Fee $0
Resubmitted Plan Check Fee $122.30 / hr.

Building Permit Extension Fee $0
Building Permit Reinstatement Fee 50% of the original, singular building permit fee or combo building permit fee, whichever is
applicable to the permit being reinstated
Stop Work Order Fee 2x the singular building permit fee Greywater System Permit $0

BUILDING FEES
352
Item 7 E.

Description 2023/2024 Amended Fee Schedule
Electric Vehicle Charging Permits (* Note: These fees were added to the fee schedule for FY2011-12, but will be waived per the Green Energy Increntive Program)
a. Level I (120 volts) $0
b. Level II (208-240 volts) $0
c. Level III (480 volts) $0
Solar P.V. System $0
Solar P.V. System (Commercial Sale/Distribution) $0
Solar Hot Water Heater $0
Research Fee - 1/2 hour minimum charge Cost
Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee Temporary Trailer/Mobile Home Occupancy Permit $0
Structural Review of Engineered Plans cost + 21%
Outside Consultant Plan Review cost + 21%
Grading Plan Review Fees
50 cubic yard or less $ -
51 to 100 cubic yard $ -
101 to 1,000 cubic yards $ -
1,001 to 10,000 cubic yards $ -
10,001 to 100,000 cubic yards $60.36 for first 10,000 plus $30.81 for each additional 10,000 cubic yards
100,001 to 200,000 cubic yards $337.69 for first 100,000 plus $16.65 for each additional 10,000 cubic yards
200,001 cubic yards or more $487.57 for first 200,000 plus $9.12 for each additional 10,000 cubic yards
Grading Permit Fees
50 cubic yard or less $ -
51 to 100 cubic yard $ -
101 to 1,000 cubic yards $46.51 for first 100 plus $22.01 for each additional 100 cubic yards
1,001 to 10,000 cubic yards $244.60 for first 1,000 plus $18.23 for each additional 1,000 cubic yards
10,001 to 100,000 cubic yards $408.67 for first 10,000 plus $82.97 for each additional 10,000 cubic yards
100,001 to 200,000 cubic yards $1,155.40 for first 100,000 plus $45.88 for each additional 10,000 cubic yards
353
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Administrative Decision Appeal Fee $593 $593
Bingo Permit $71 $71
Capitola Municipal Code 0.15 / page 0.15 / page
Capitola Municipal Code Supplement Service (Per
year) $0 $0
Copies:
1-5 copies $0 $0
6 or more copies (per copy) $0.25 / page $0.25 / page
Gov’t Code § 81008 (Political Reform Act)
statements/reports (Per copy) $0.10 / page $0.10 / page Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour Cost + $57.21 1st Hour (Minimum) + $28.60 / hour Simple film permit $54 $54
Major film permit $272 $272
Entertainment Permit Application Fee $44 $44
Single Event Permit $44 $44
Minor Entertainment Permit $184 $184
Regular Entertainment Permit $689 $689
Pet Shops and Kennel License Fee (Municipal Code
§ 5.20.020) set only by ordinance $20 $20
Returned Check Fee $44 $44
Business License Overpayment Refund Fee
(resolution 3532, ord 871) $0 (Set to -0- by Council in 2011) $0 (Set to -0- by Council in 2011) Business License Late Payment Penalty Admin. Fee
$35 + 10% each month late $35 + 10% each month late
Business License Application Fee (Reso. 3532) $25 $25
Business License - Disability Access and Education
Fee (State) $4 $4
Temporary, Publicly Attended Activities,
Application Fee (Municipal Code § 9.36.040) $34 $34
Public Art (Total Building Valuation $250,000 or
more) (Municipal Code Chapter 2.58) 2% of TBV or 1% in lieu to City 2% of TBV or 1% in lieu to City Notice of Intent to Circulate Initiative Petition
(Elections Code § 9103(b)) $200.00 $200.00
Bandstand Rental Fee $246 / 4 hrs or $738 all day / deposit $1,500 $246 / 4 hrs or $738 all day / deposit $1,500 Outdoor Dining Rental Fees
Parking Spaces $3,400 annually for each space or partial space $3,400 annually for each space or partial space Sidewalks and non-parking spaces $18.00 per square foot annually $18.00 per square foot annually Outdoor Dining Maintenance Deposit
Sidwalks and non-parking spaces $500 $500
1-2 parking spaces $1,000 $1,000
3-5 parking spaces $1,500 $1,500
Notary Service Fees (State Code)
Acknowledgment or proof of a deed, or other
instrument, to include the seal and writing of
the certificate $15 / signature $15 / signature
Administering an oath or affirmation to one
person and executing the jurat, including the seal
$15 / signature $15 / signature
Credit Card Transaction Fee 3% 3%
Electric Vehicle Charging Fee $0.50 / hour $0.50 / hour Cannabis Annual License Fee $2,827 $2,827
Retail Cannabis Application Fee $1,843 $1,843

MISCELLANEOUS FEES
354
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Special Event Permit $68 $68
Amplified Sound Permit (Municipal Code 9.12.040) $32 $32 DUI Cost Recovery Fee (Res. 3533) Not to exceed $12,000 Not to exceed $12,000 Copies of reports: Crime Reports, Special Reports, etc. (Regardless of number of pages) $0.25 / page $0.25 / page Copies of: Citations, Code sections, Ordinances, etc. $0.25 / page $0.25 / page Bicycle Licenses (New) $0 $0
Bicycle Licenses (Renewal) $0 $0
Citation Sign-Offs $0 $0
Photographs $20 + administration fees $20 + administration fees VIN verifications $18 $18
Video Tapes, Flash Drive, CD/DVD Production Cost + $57.21 1st Hour (Minimum) + $28.60 / hour
Cost + $57.21 1st Hour (Minimum) + $28.60 /
hour
Firearm Dealer License - City Application 100 $100
Local Firearm dealers (set by state)
New application set by state set by state
Renewal set by state set by state
Second Dealers License (set by state)
Application set by state set by state
Renewal set by state set by state
Taxi Fee per application set by state set by state
Tobacco retail license $289 $289
Civil Subpoena (per case) (set by state) set by state set by state Parking Permits (separate action by the Council)
Neighborhoods per year (Resolution No. 3733) $25 $25
Village Preferential Permit (Resolution No. 3733) $50 per year $50 per year Village Preferential Permit - Hotels/Motels $50 per year $365 per year Village Employer/Employee Permit (Resolution No. 3733) $50 per year $50 per year Morning Village Parking Permit (Resolution No. 3715) $50 per year $55 per year Carrying a Concealed Weapon (CCW) Permit - City Application 115 $115 Concealed Weapon Permits (set by state)
Application
Standard set by state set by state
Judicial set by state set by state
Employment set by state set by state
Renewal
Standard set by state set by state
Judicial set by state set by state
Employment set by state set by state
Firearm Surrender Fees (set by state law)
1-5 guns set by state set by state
6+guns set by state set by state
Vehicle Storage per day $30 $30
Administrative fee to release Impounded / Stored Vehicle $145 $145 Surf School Permit Fee $594 $594
Animal Services Fees
See Exhibit B "Animal Services Fees"

POLICE DEPARTMENT FEES
355
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Encroachment Permits
Revocable Encroachment Permit - Outdoor Dining $230 $230 Non-Construction Items (includes materials storage within right-of-way road and sidewalk closures $75 $75
Village Sidewalk Encroachment Permit $44 $44
Village Parking Space Encroachment Permit (annually) $3,400 $3,400 Construction Items
Level A $227 $227
Level B $503 $503
Level C $1,004 $1,004
Level D $1,633 $1,633
Level E $2,263 $2,263
Residential Blue Curb Application Fee $237 $237
Residential Blue Curb Annual Fee $60 $60
Blanket Permits (repair and maintenance of existing facilities) $2,513 $2,513 Private Improvement Permits/Encroachment Agreement
Applications for Minor Permits $251 $251
Applications for Major Permits $629 $629
New Memorial Bench $1,137 $1,137
Replacement Memorial Bench $554 $554
Memorial Plaque $854 $854
Replacement Plaque $277 $277
Memorial Plaque (tree) $545 + Cost of Tree $545 + Cost of Tree Memorial Picnic Table $1,822 $1,822
Seasonal Boat Storage Permits
Seasonal Permit $400 per month $400 per month
Short Term Permit $15 per day $15 per day
Stormwater Development Review Fee
Stormwater Plan Review Fee $124 $124
Large Project Plan Review Deposit
Tier 2 $3,771 $3,771
Tier 3 & 4 $5,028 $5,028
Research Fee - 1/2 hour minimum charge Cost Cost
Information Technology Fee (Resolution No. 3796 adopted 11/12/09) 5% of Permit Fee 5% of Permit Fee Final Map Cost; $3,000 min. deposit Cost; $3,000 min. deposit

PUBLIC WORKS DEPARTMENT FEES
356
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Administration/Documents
Continuance Request - Applicant (2+) $185 $185
Staff Billing Rate Cost Cost
Appeals-by Applicant Cost Cost
Appeals- by City Officials $0 $0
Appeals- by Other $594 $594
Coastal Development Permit Appeal $0 $0
Appeals -Building/Zoning Code Violations $594 $594
Records Search/Research/Special Report Cost Cost
Administrative Permits
Tree Remova l- Staff Review $150 $150
Tree Removal -- 3 or more trees on a property $323 $323 Tree Installation Deposit (Refundable) $500 Deposit $500 Deposit Tree replacement in-lieu fee (if available) $600 per tree $600 per tree Tree removal w/ PC approval $1,000 deposit $1,000 deposit Commercial Sidewalk/Parking Lot Sale Permit $89 $89
Tenant Use Permit (MCUP)--Staff approval $90 $90
Transient Rental Occupancy Use Permit $629 $629
Home Occupation Use Permit $189 $189
Fence Permit- Staff approval $50 $50
Fence Permit- PC approval $943 $943
Sidewalk vendor permit $138 $138
Sidewalk vendor annual refuse fee $555 $555
Temporary Sidewalk Dining $90 $90
Temporary Use Administrative Permit $90 $90
Sign Permits
Temporary Signs and Banner Permits $45 $45
Signs permit - Staff Review $151 $151
Signs permit - PC Review $629 $629
Master Sign Program Cost; $3,000 min deposit Cost; $3,000 min deposit Village Sidewalk Sign Permit $77 $77
Design Permits
Residential Single Family/Minor Design Permit - Staff Review $919 $919 Residential Single Family - PC Review $3,143 $3,143
Residential Multi-Family - PC Review $4,398 $4,398
Commercial - PC Review $4,000 Deposit $4,000 Deposit
Secondary Dwelling Unit- Staff Review $629 $629
Secondary Dwelling Unit- PC Review $1,887 $1,887
Residential Multi-Family/Minor Design Permit - Staff Review $2,000 deposit $2,000 deposit Commercial Minor Design Permit $2,000 deposit $2,000 deposit Historic In-Kind Replacement Design Permit $500 deposit $500 deposit Outdoor Dining - Custom Deck $1,000 deposit $1,000 deposit Use Permits
Master Conditional Use Permit Cost; $3,500 min. deposit Cost; $3,500 min. deposit Conditional Use Permit/Minor Use Permit - Staff Review $1,854 $1,854 Conditional Use Permit - PC approval Cost; $3,000 min. deposit Cost; $3,000 min. deposit Temporary Use Permit $94 $94
Subdivisions
Certificate of Compliance & Lot Merger $629 $629
Boundary Line Adjustment $1,004 $1,004
Tentative Parcel Map Cost; $2,000 min. deposit Cost; $2,000 min. deposit Tentative Map Cost; $5,000 min. deposit Cost; $5,000 min. deposit Revised Map $2,000 Deposit $2,000 Deposit
Time Extension $2,000 Deposit $2,000 Deposit
Subdivision Modification $2,000 Deposit $2,000 Deposit

PLANNING FEES
357
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Plan Amendments
General Plan Amendment Cost; $5,000 min. deposit Cost; $5,000 min. deposit Local Coastal Plan Amendment Cost; $5,000 min. deposit Cost; $5,000 min. deposit Rezone Cost; $5,000 min. deposit Cost; $5,000 min. deposit Planned Development Rezone Cost; $3,500 min. deposit Cost; $3,500 min. deposit Other Discretionary Permits
Variance $1,887 $1,887
PC review of minor modifications $1,696 $1,696
Coastal Development Permit $943 $943
Coastal Permit Exclusion $106 $106
Mobile home Park Change of Use or Closure $5,000 Deposit $5,000 Deposit Development Agreement $10,000 min. deposit $10,000 min. deposit Developer agreement annual review $2,500 deposit $2,500 deposit Specific Plan Cost; $5,000 min. deposit Cost; $5,000 min. deposit Permit Time Extension -Staff Review $629 $629
Permit Time Extension - PC Review $1,887 $1,887
Permit Amendment (any permit) 50% of original cost 50% of original cost Annexation Costs+ overhead / $3,000 min. deposit Costs+ overhead / $3,000 min. deposit Minor Modification $1,887 $1,887
Environmental Review
Negative Declaration (and Mitigated ND) Cost; $2,000 min deposit Cost; $2,000 min deposit EIR Processing Cost; + 21% of consultant; $10,000 min deposit Cost; + 21% of consultant; $10,000 min deposit Mitigation/Condition Monitoring Program Cost + 21% Cost + 21% NEPA Compliance Cost + 21% Cost + 21%
Other Permits/Fees
Conceptual Review Fee- PC $1,887 $1,887
Conceptual Review Fee- PC and CC $2,828 $2,828
Technical Study Preparation and Review Cost + 21% Cost + 21% NOTE: Third party review costs to be required as necessary Cost + 21% Cost + 21% Code Compliance Double Application Fees Double Application Fees Code Compliance confiscated property recovery fee $298 $298 Research Fee - 1/2 hour minimum charge Cost Cost
Pre-Application Review $264 $264
Building Plan Check & Final Inspection 20% of Building Permit Fee 20% of Building Permit Fee Major Development Project Fee Cost; $5,000 min. deposit Cost; $5,000 min. deposit Historical significance determination $4,250 deposit $4,250 deposit Inclusionary Housing
Inclusionary Housing - Unit Sale $629 $629
Inclusionary Housing - Unit Refinance $252 $252
Single Family Residence $2.50 per square foot $2.50 per square foot Other Fees and Assessments
General Plan Maintenance Fee Total Building Valuation X 0.5% Total Building Valuation X 0.5% Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee 5% of Permit Fee Green Building Educational Resource Fund Fee (Municipal Code 17.10.080) Fee equals .0025 times the overall building permit valuation of the project.

Fee equals .0025 times the overall building permit
valuation of the project.

Affordable Housing In-Lieu Fees
For Sale Housing Developments of two to six units (Municipal Code Chapter 18.02) :

All Units $25 per sq. ft. $25 per sq. ft.

For Sale Housing Developments of Seven or more units
#Units #Units Built
7 1 $0 $0
8-13 1 Total # units minus 7 @ $25 per avg. sq. ft. per unit Total # units minus 7 @ $25 per avg. sq. ft. per unit 14 2 $0 $0
15-20 2 Total # units minus 14 @ $25 per avg. sq. ft. per unit Total # units minus 14 @ $25 per avg. sq. ft. per unit 21 3 $0 $0
22-27 3 Total # units minus 21 @ $25 per avg. sq. ft. per unit Total # units minus 21 @ $25 per avg. sq. ft. per unit 28 4 $0 $0
Rental Multi-Family $6 per sq. ft. $6 per sq. ft.

Affordable Housing Impact Fees
For Sale Housing Developments of Six or Less Units $25 per square foot $25 per square foot Rental Multi-Family $6 per square foot $6 per square foot Additional to Housing Units of 50% or more (charged to additional square footage only) $2.50 per square foot $2.50 per square foot NOTES:

1. All Fees are non‐refundable.

3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.

4. Applications which include a fee and a deposit payment will be processed with a single deposit account.

5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.

6. The Community Development Director may establish a reasonable fee or deposit amount for permit NOTES:

1. All Fees are non‐refundable.

3. The Community Development Director may reduce the total fee/deposit requirements for applications which are unlikely to require the full
deposit amounts established herein.

4. Applications which include a fee and a deposit payment will be processed with a single deposit account.

5. Outside agency fees, including but not limited to County recordation fees, State Fish and Wildlife fees, etc. are charged at cost.

6. The Community Development Director may establish a reasonable fee or deposit amount for permit 358
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule The cost of a “combination building permit” shall be 1.5 times the amounts shown in Table 1-A. A “combination building permit” is defined as a permit for a scope of construction work regulated by two or more of the model codes. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.

The cost of a “building permit”shall be the amounts shown in Table 1- A. A “building permit” is defined as a permit for a scope of construction work regulated solely by a single model code. The model codes are the building code, the plumbing code, the mechanical code and the electrical code.

TABLE 1-A
Total Valuation FEES FEES
$1.00 to $500.00 $29.55 $29.55
$501.00 to $2,000.00 $29.55 for the first $500.00 plus $3.83 for each additional $100.00 or fraction thereof.
$29.55 for the first $500.00 plus $3.83 for each
additional $100.00 or fraction thereof.
$2,001.00 to $25,000.00 $87.00 for the first $2,000.00 plus $17.59 for each additional $1000.00 or fraction
thereof.
$87.00 for the first $2,000.00 plus $17.59 for
each additional $1000.00 or fraction thereof.
$25,001.00 to $50,000.00 $491.57 for the first $25,000.00 plus $12.69 for each additional $1,000.00 or fraction
thereof.
$491.57 for the first $25,000.00 plus $12.69 for
each additional $1,000.00 or fraction thereof.
$50,001.00 to $100,000.00 $808.82 for the first $50,000.00 plus $8.81 for each additional $1,000.00 or fraction
thereof.
$808.82 for the first $50,000.00 plus $8.81 for
each additional $1,000.00 or fraction thereof.
$100,001.00 to $500,000.00 $1,249.32 for the first $100,000.00 plus $7.05 for each additional $1,000.00 or
fraction thereof.
$1,249.32 for the first $100,000.00 plus $7.05
for each additional $1,000.00 or fraction thereof.
$500,001.00 to $1,000,000.00 $4,069.32 for the first $500,000.00 plus $5.97 for each additional $1,000.00 or
fraction thereof.
$4,069.32 for the first $500,000.00 plus $5.97
for each additional $1,000.00 or fraction thereof.
$1,000,001.00 and up $7,054.32 for the first $1,000,000.00 plus $3.23 for each additional $1,000.00 or
fraction thereof.
$7,054.32 for the first $1,000,000.00 plus $3.23
for each additional $1,000.00 or fraction thereof.

Building Plan Check Fee 65% of Building Permit Fee 65% of Building Permit Fee Reinspection Fee $0 $0
Resubmitted Plan Check Fee $122.30 / hr. $122.30 / hr.

Building Permit Extension Fee $0 $0
Building Permit Reinstatement Fee 50% of the original, singular building permit fee or combo building permit fee, whichever
is applicable to the permit being reinstated
50% of the original, singular building permit fee
or combo building permit fee, whichever is
applicable to the permit being reinstated
Stop Work Order Fee 2x the singular building permit fee 2x the singular building permit fee Greywater System Permit $0 $0
Electric Vehicle Charging Permits (* Note: These fees were added to the fee schedule for FY2011-12, but will be waived per the Green Energy Increntive Program)
a. Level I (120 volts) $0 $0
b. Level II (208-240 volts) $0 $0
c. Level III (480 volts) $0 $0
Solar P.V. System $0 $0
Solar P.V. System (Commercial Sale/Distribution) $0 $0
Solar Hot Water Heater $0 $0
Research Fee - 1/2 hour minimum charge Cost Cost
Information Technology Fee (Resolution No. 3786 adopted 11/12/09) 5% of Permit Fee 5% of Permit Fee Temporary Trailer/Mobile Home Occupancy Permit $0 $0
Structural Review of Engineered Plans cost + 21% cost + 21% Outside Consultant Plan Review cost + 21% cost + 21%

BUILDING FEES
359
Item 7 E.

Description 2023/24 Adopted Fee Schedule 2023/24 Proposed Fee Schedule Grading Plan Review Fees
50 cubic yard or less $ - $ -
51 to 100 cubic yard $ - $ -
101 to 1,000 cubic yards $ - $ -
1,001 to 10,000 cubic yards $ - $ -
10,001 to 100,000 cubic yards $60.36 for first 10,000 plus $30.81 for each additional 10,000 cubic yards
$60.36 for first 10,000 plus $30.81 for each
additional 10,000 cubic yards
100,001 to 200,000 cubic yards $337.69 for first 100,000 plus $16.65 for each additional 10,000 cubic yards
$337.69 for first 100,000 plus $16.65 for each
additional 10,000 cubic yards
200,001 cubic yards or more $487.57 for first 200,000 plus $9.12 for each additional 10,000 cubic yards
$487.57 for first 200,000 plus $9.12 for each
additional 10,000 cubic yards
Grading Permit Fees
50 cubic yard or less $ - $ -
51 to 100 cubic yard $ - $ -
101 to 1,000 cubic yards $46.51 for first 100 plus $22.01 for each additional 100 cubic yards
$46.51 for first 100 plus $22.01 for each
additional 100 cubic yards
1,001 to 10,000 cubic yards $244.60 for first 1,000 plus $18.23 for each additional 1,000 cubic yards
$244.60 for first 1,000 plus $18.23 for each
additional 1,000 cubic yards
10,001 to 100,000 cubic yards $408.67 for first 10,000 plus $82.97 for each additional 10,000 cubic yards
$408.67 for first 10,000 plus $82.97 for each
additional 10,000 cubic yards
100,001 to 200,000 cubic yards $1,155.40 for first 100,000 plus $45.88 for each additional 10,000 cubic yards
$1,155.40 for first 100,000 plus $45.88 for each
additional 10,000 cubic yards
360
Item 7 E.

Fiscal Year
2023-24
Amended
Fee Schedule
October 26, 2023
361
Item 7 E.

Background
• Annual review of the fee schedule as
part of the budget process
• FY 2023-24 Fee Schedule adopted
June 22, 2023
• At the time of adoption not all
information regarding parking rates
was available
• Received final certification from the
Coastal Commission following adoption
of fee schedule
• An amendment to the fee schedule is
necessary to implement remaining
Temporary Village Parking Committee
recommendations
362
Item 7 E.

Proposed Fee Amendments
• Parking Permit Program:
 Transferable permits – Hotels / Motels
 Increase from $50/year to $365/year
• Surf & Coffee Permits
• Increase from $50/year to $55/year
• Increase number of permits from 75 to 100
363
Item 7 E.

Recommended
Action
• Adopt the proposed resolution
amending the fee schedule for
Fiscal Year 2023-24
364
Item 7 E.

Capitola City Council
Agenda Report
Meeting: November 9, 2023
From: City Manager’s Department
Subject: Amendments to Title 2: Administration and Personnel Recommended Action: Introduce, by title only, waiving further reading of the text, an ordinance of the City of Capitola amending Chapters 2.04 and 2.08 of the Capitola Municipal Code. (Continued from October 26, 2023)
Background: The Capitola Municipal Code is comprised of eighteen titles, and each title contains chapters. Title 2: Administration and Personnel is composed of sixteen chapters focused on the governance of the City administration. Within Title 2, language can be found concerning the powers and duties of the City Council and City Manager.

Administrative Policy I-15: Agenda Preparation was originally adopted in 2003 and was most recently revised in 2016. This policy establishes a uniform procedure for the preparation of City Council agendas.

The policy includes language outlining the City Council agenda format, and directions concerning how City staff may submit agenda items for approval. This policy falls within the City Manager’s jurisdiction.

The regular review of municipal codes and administrative policies is recommended as a best practice.

Regular reviews can identify outdated or ineffective provisions and allow the municipal code to remain up-to-date. Staff has identified sections of Title 2 that require revision, and recommends consolidating key language from Administrative Policy I-15 into the Municipal Code to clarify procedure in a central and easily accessible location.

Discussion: Staff conducted a review of the entirety of Title 2: Administration and Personnel. Below is a summary of edits recommended by staff.
 Chapter 2.04 Section 4: City Council: Staff updated language throughout this Chapter to reflect the change from Mayor Pro Tempore to Vice Mayor, updated adjournment time to reflect current practice, and added a new section to outline ways that the public can participate during meetings (consistent with current practice). Staff removed language regarding the appointment of Standby City Council Members; this practice hasn’t been followed and may not be consistent with the City’s goals of transparency and community involvement.
 Chapter 2.04 Section 7: City Attorney: Updated to reflect current powers and duties.  Chapter 2.04 Section 9: Public Works: Updated language regarding the appointment of the Public Works Director. This section has not been updated since 1974.  Chapter 2.04 Section 11: Director of Finance: Updated to remove Redevelopment Agency (RDA) from annual financial reports, as the RDA was dissolved in 2022.  Chapter 2.08: City Manager: Updated bond requirements to align with Chapter 2.04.080, removed dissolved commission names from 2.08.230.

The recommended changes to the Municipal Code will replace Administrative Policy I-15: Agenda Preparation. Following adoption of the proposed ordinance, Administrative Policy I-15: Agenda Preparation will be administratively repealed.

Fiscal Impact: There is no fiscal impact associated with this ordinance.

Attachments:

1. Ordinance

2. Title 2: Administration and Personnel

3. Administrative Policy I-15: Agenda Preparation
365
Item 7 F.

Report Prepared By: Julia Gautho, City Clerk
Reviewed By: Samantha Zutler, City Attorney
Approved By: Jamie Goldstein, City Manager
366
Item 7 F.

ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF CAPITOLA AMENDING CHAPTER 2.04, ADMINISTRATION, AND CHAPTER 2.08, CITY MANAGER, OF THE CITY OF CAPITOLA

MUNICIPAL CODE REGARDING ADMINISTRATION AND PERSONNEL
WHEREAS, regular review of municipal codes is recommended as a best practice and can identify outdated or ineffective provisions; and
WHEREAS, staff conducted a review of Title 2, Administration and Personnel, and found areas they recommended to update; and
WHEREAS, the City of Capitola has an interest in ensuring that the municipal code remains up-to-date and understandable for members of the public, staff, and the City Council; and
WHEREAS, the City Council desires to implement changes to the language in Chapters

2.04 and 2.08.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPITOLA DOES ORDAIN AS FOLLOWS:

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

Section 2. Title 2: Administration and Personnel is amended as shown in Exhibit A.

Section 3. Effective Date.

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

Section 4. 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 5. Certification.

The City Clerk shall cause this ordinance to be posted and/or published in the manner required by law.
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This Ordinance was introduced at the meeting of the City Council on the 26th day of October, 2023, and was adopted at a regular meeting of the City Council on the 9 th day of November, 2023,
by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Margaux Keiser, Mayor
Attest: ___________________________
Julia Gautho, City Clerk

Approved as to form:
___________________________________
Samantha W. Zutler, City Attorney
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Exhibit A
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Title 2

ADMINISTRATION AND PERSONNEL
Chapters:

2.04 Administration (Amended)

2.08 City Manager (Amended)

2.12 Planning Commission

2.16 Planning Department

2.18 Mobile Home Park Rent Stabilization

2.20 Health Officer

2.24 Conflict of Interest

2.28 Public Museum

2.32 Peace Officer Training

2.40 Unclaimed Property

2.44 Personnel System

2.48 Retirement System

2.52 Appeals to City Council

2.56 Art and Cultural Commission

2.58 Funding The Public Art Program

2.60 Military Equipment Use
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Chapter 2.04

ADMINISTRATION
Sections:

I. Organization

2.04.010 Categories.

2.04.015 Term limits for elected officials.

2.04.020 Powers and duties of department heads.

II. City Boards and Commissions Policies

2.04.030 Authority to establish.

2.04.040 City council referrals.

2.04.060 City personnel use.

2.04.070 Repealed.

III. Bonds

2.04.080 Bonds.

2.04.090 Repealed.

2.04.100 Repealed.

IV. City Council

2.04.110 Regular meetings.

2.04.120 Special meetings.

2.04.130 Council chambers.

2.04.140 Agenda.

2.04.150 Selection of the mayor (presiding officer).

2.04.160 Mayor pro temporeVice mayor.

2.04.165 Appointment of standby city council members.

2.04.170 Conduct of meeting.

2.04.180 Quorum/action.

2.04.190 Order of business.

2.04.200 Reading of minutes.

2.04.210 Rules of debate.

2.04.220 Addressing council – Permission required.

2.04.230 Addressing council – After motion made.

2.04.240 Addressing council – Manner.

2.04.250 Voting.

2.04.260 Adjournment – Time and date continued.

2.04.270 Adjournment – When in order.

2.04.275 City council member salary.

2.04.280 Administrative procedures.

2.04.285 Repealed.

V. City Manager

2.04.290 Office established.

2.04.300 Powers and duties.

VI. City Clerk

2.04.310 Office created.
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2.04.320 Powers and duties.

VII. City Attorney

2.04.330 Office created.

2.04.340 Powers and duties.

VIII. City Treasurer

2.04.350 Office created.

2.04.360 Powers and duties.

2.04.365 Appointment.

IX. Department of Public Works

2.04.370 Created.

2.04.380 Director – Appointment.

2.04.390 Director – Powers and duties.

X. Department of Police

2.04.450 Created.

2.04.460 Chief – Appointment.

XI. Director of Finance

2.04.600 Powers and duties.

I. Organization

2.04.010 Categories.

The governmental forces of the city shall be organized into the following categories:

A. Elective. The elective offices of the city of Capitola are the city council members.

B. The city treasurer and such city boards and commissions as are established by city council ordinance or resolution. Such boards and commissions shall have the powers and duties expressly set forth in the enabling ordinance or resolution and shall also advise the city council on matters related to the explicit function of the board or commission.

C. City Manager and City Departments. Capitola shall be administered as a city manager form of government. It shall have such administrative departments as are set forth in this chapter and as are hereafter created by ordinance or resolution. Unless a power or duty is explicitly vested in an identified city employee, all city employees are expected to function in accordance with the instruction of their department heads, and department heads are expected to function in accordance with the instructions they receive from the city manager. (Ord. 1025 § 1 (part), 2018: Ord. 830 § 1, 2001; Ord. 375 § 1, 1974)

2.04.015 Term limits for elected officials.

City council members shall serve a maximum of two elected terms consecutively. Upon completion of a second consecutive elected term, the term-limited city council member shall be eligible to seek reelection to the city council for a term commencing no earlier than two years after the second consecutive term has been completed. Nothing herein shall be construed to limit the city council’s discretion to appoint an individual to fill a city council seat which has been vacated due to resignation, death, disqualification or other cause. (Ord. 1025 § 1 (part), 2018: Ord. 844 § 1, 2002)

2.04.020 Powers and duties of department heads.

The heads of the various departments established by this chapter shall have the following general powers, duties and responsibilities:
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A. To organize the department into the divisions established by this chapter in such a manner as to efficiently perform the functional responsibilities allocated. For this purpose, the department head may create such sections and subunits within such division as deemed necessary;
B. To make recommendations regarding recruiting, disciplining and discharging of departmental personnel in accordance with any personnel rules and regulations of the city; C. To efficiently utilize available manpower;
D. To keep correct attendance records on each employee for payroll purposes, and to submit such other information as required for the proper maintenance of individual personnel records, including leaves of absence, job efficiency and personal conduct;
E. To administer the departmental budget and permit no purchase requisitions to be issued, or other expense incurred, unless an appropriation therefor has been duly authorized; F. Department heads shall attend meetings of the council when required; G. Department heads shall attend meetings of their respective boards and commissions. They shall serve as secretary and keep records of such commissions when so requested; H. Department heads shall carry on an active public relations program for their respective services, including the publication of educational reports and brochures, the promotion of authorized objectives, and the making of public addresses when the occasion so requires;
I. Department heads shall recommend and administer internal rules and regulations for the proper conduct of personnel and the efficient handling of the department’s duties and functions; J. They shall discharge such other duties as may be assigned by the city manager or required by the ordinances, resolutions or official orders of the city council. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974) II. City Boards and Commissions Policies

2.04.030 Authority to establish.

The council may establish appropriate boards, commissions and committees by ordinance, resolution or minute order. (Ord. 830 § 1, 2001)

2.04.040 City council referrals.

The city council may refer an item to a board, commission, or advisory body by motion, passed by a simple majority, at a noticed public meeting. (Ord. 1038 § 3, 2020)

2.04.060 City personnel use.

The various boards and commissions may utilize the services of the appropriate city departmental personnel in carrying out their respective functions subject to the administrative control of the city manager. (Ord. 375 (part), 1974)

2.04.070 Policy adoption.

Repealed by Ord. 1038. (Ord. 375 (part), 1974)
III. Bonds

2.04.080 Bonds.

The bonding requirements of Government Code Section 36518 shall be fulfilled by a government crime insurance policy. (Ord. 1038 § 1 (part), 2020: Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.090 Blanket bond.

Repealed by Ord. 1038. (Ord. 375 (part), 1974)
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2.04.100 Terms.

Repealed by Ord. 1038. (Ord. 375 (part), 1974)
IV. City Council

2.04.110 Regular meetings.

A. Time. Regular meetings of the city council generally shall be held on the second and fourth Thursday of each month. Any other regular meetings may be in accordance with Government Code Sections 54954 and 54955. Each year, the city council will adopt the regular meeting calendar dates and times by resolution.

B. Place. All regular meetings of the council shall be convened in the council chambers in the City Hall, 420 Capitola Avenue, Capitola, California. If, by reason of a natural disaster, emergency, or other event that makes it unsafe to meet in the place designated, the meetings may be held for the duration of the event at such place as is designated by the presiding officer of the council.

C. Public. Meetings of the council shall be open as required by the Brown Act (Government Code Sections 54950, et seq.), or other applicable law. (Ord. 1038 § 1 (part), 2020; Ord. 920 § 1, 2007; Ord. 830 § 1, 2001; Ord. 456, 1979; Ord. 375 (part), 1974)

2.04.120 Special meetings.

Special meetings of the city council shall be held under the conditions and in the manner set forth in the Brown Act. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.130 Council chambers.

The room designated as the city council chambers at 420 Capitola Avenue in the city, is fixed as the place of regular and special meetings of the city council, and such council chambers and the adjacent offices and rooms used and occupied by the city clerk and administrative officers of the city, shall henceforth be known and designated as the city hall of the city. (Ord. 375 (part), 1974)

2.04.140 Agenda.

The following have authority to place a matter on the council agenda:

A. The mayor or any member of the city council with the condition that the proposed agenda item be requested at an open city council meeting;
B. The city manager;
C. The city council may, after the seventy-two-hour agenda-posting deadline has expired, add items to the agenda in the manner provided in Government Code Section 54954.2(b); D. Repealed by Ord. 1038.

E. The city treasurer, city clerk, or city attorney, provided the subject is reasonably related to their powers and duties and concerns a subject upon which the council has authority to act.

Other persons must direct their agenda requests to the city council (at council meetings), the mayor, or the city manager. Agendas shall otherwise be prepared under the direction of the city manager and shall be posted, noticed and distributed in accordance with the Brown Act. For purposes of Government Code Section 54954.2(a), agendas shall be posted in the entrance area to the city council chambers. (Ord. 1038 § 1 (part), 2020; Ord. 999 § 1, 2015:

Ord. 919 § 1, 2007; Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.150 Selection of the mayor (presiding officer).

A. Each year the city council shall select a mayor and vice mayor pro tempore. During years with a general election, such selection shall be made at the meeting at which the declaration of the election results for a general municipal election is made. During years without a general election, such selection shall be made approximately one year after the prior selection.
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B. The mayor, or mayor pro temporevice mayor, may be replaced if at least three council members vote for the removal of the mayor, or mayor pro temporevice mayor, at a noticed city council meeting. (Ord. 1038 § 1 (part), 2020: Ord. 768, 1994; Ord. 375 (part), 1974)

2.04.160 Vice Mayor pro tempore.

In case of the temporary absence or inability of the mayor to act as presiding officer the vice mayor pro tempore shall preside. In case of the absence or disability of both the mayor and vice mayor pro tempore the council shall elect one of its members to act as vice mayor pro tempore. Upon the arrival of the mayor, the vice mayor pro tempore shall relinquish the chair upon the conclusion of the business immediately before the council. (Ord. 375 (part), 1974)

2.04.165 Appointment of standby city council members. (Repealed) Government Code Sections 8635 and following provide that the city council shall have the authority to appoint up to three standby city council members per council position. Such standby members would serve as city council persons in the event that a council member is “unavailable” in an “emergency” as those words are defined in the California Emergency Services Act. Each council member may nominate from one to three persons to serve as his or her standby members. In making that nomination, the council member shall follow the criteria of Government Code Section 8639 which reads as follows:

Consideration shall be given to places of residence and work, so that for each office for which standby officers are appointed there shall be the greatest probability of survivorship. Standby officers may be residents or officers of a political subdivision other than that to which they are appointed as standby officers.

The duties of such standby council members shall be as set forth in Government Code Section 8641. To become effective the nomination must be approved by the city council, and the nominee must take the oath of office. Terms of office and method of removal shall be as provided in Government Code Section 8640. (Ord. 782, 1995)Repealed.

2.04.170 Conduct of meeting.

The mayor, or in his or her absence, the vice mayor pro tempore, shall take the chair at precisely the hour appointed for the meeting and shall immediately call the council to order. The mayor or mayor pro temporevice mayor shall preserve strict decorum at all regular and special meetings of the council. He or she shall state every question coming before the council, call for the vote, announce the decision of the council on all subjects and decide all questions of order, subject, however, to an appeal to the council, in which a majority vote of the council shall govern and conclusively determine such question of order. (Ord. 375 (part), 1974)

2.04.180 Quorum/action.

A majority of the entire membership of the council shall constitute a quorum to do business. A majority of that quorum may act on matters before the council, unless a city ordinance or state law requires a greater number. When less than the full council is present and there is a tie vote, the chair, unless overridden by a majority of present council members, may continue the matter to another meeting. When there is a tie council vote on an appeal from a board or commission action, unless the matter is continued, the appeal will be deemed denied and the board or commission action becomes final. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.190 Order of business.

The chair, subject to the concurrence of the council, may vary the sequence of business from that shown on the posted agenda. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.200 Reading of minutes.

Unless the reading of the minutes of a council meeting is requested by a member of the council, such minutes may be approved without reading if the clerk has previously furnished each member with a copy thereof. (Ord. 375 (part), 1974)

2.04.210 Rules of debate.

A. Presiding Officer May Debate. The mayor or mayor pro temporevice mayor may debate from the chair, subject only to such limitations of debate as are imposed upon all members by the rules set forth in this section. 375
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B. Getting the Floor. Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

C. Interruptions. A member, once recognized, shall not be interrupted when speaking unless it is to call him or her to order. If a member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if in order, he or she shall be permitted to proceed.

D. Privilege of Closing Debate. The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

E. Remarks of Councilmember. A councilmember may request, through the presiding officer, the privilege of having an abstract of his or her statement on any subject under consideration by the council entered in the minutes. If the council consents thereto, such statement shall be entered; provided, however, any council member without council consent shall have the right to have the reasons for his or her dissent from, or protest against, any action of the council entering in the minutes.

F. Synopsis of Debate. The city clerk may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the council.

G. Rules of Order. Except as otherwise provided in this chapter, the rules of order that govern the conduct of the meetings of the city council and other city advisory bodies shall be those rules of order designated by city council resolution. (Ord. 914 § 1, 2007; Ord. 375 (part), 1974)

2.04.220 Addressing council – Permission required.

Any person desiring to address the council at a meeting shall first secure the permission of the presiding officer to do so; provided, however, that under the heading oral communications, after being recognized by the presiding officer, interested parties or their authorized representatives may address the council on matters concerning their interests. (Ord. 1038 § 1 (part), 2020: Ord. 375 (part), 1974)

2.04.230 Addressing council – After motion made.

After a motion is duly made and seconded by the council, no person other than a member of the council shall address the council without first securing the permission of a majority of the council to do so. This address, upon the subject to be voted upon, may not exceed three minutes duration and no person may speak more than once at this time. (Ord. 375 (part), 1974)

2.04.240 Addressing council – Manner.

Each person addressing the council shall be requested to give his or her name and address in an audible tone of voice for the records. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without permission of the presiding officer. No question shall be asked a councilmember or staff member, except through the presiding officer. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.250 Voting.

No member of the council shall be allowed to explain his or her vote or discuss the question while the roll is being called, and no member shall be allowed to change his or her vote after the vote is announced by the presiding officer. (Ord. 375 (part), 1974)

2.04.260 Adjournment – Time and date continued.

The council may adjourn any regular, adjourned or special meeting to a time and place specified in the order for adjournment. Whenever an order for adjournment fails to state the hour at which the adjourned meeting is to be held, it shall be at seven six p.m. on the day specified in the order for adjournment. All matters may be considered and passed upon at such adjourned meetings as could have been considered and passed upon at the meetings from which such adjournments were taken and shall be deemed to be a continuation of the meeting from which the adjournment was taken. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)
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2.04.270 Adjournment – When in order.

A motion to adjourn, except during roll call, shall always be in order and decided without debate. When a motion is made and seconded to adjourn, it shall be in order for the presiding officer before putting the question, to permit any member to state any fact to the council relating to the condition of the business of the council which would seem to render it improper to adjourn at that time. Such statement shall not be debatable and shall not be of more than two minutes duration. (Ord. 375 (part), 1975)

2.04.275 City council member salary.

Pursuant to California Government Code Section 36516, commencing December 2022 the salary for city council members shall be six hundred and sixty dollars per month and may be adjusted in accordance with state law. Such salary shall be payable in the same manner as salaries are paid to other officers and employees of the city. (Ord. 1054 § 2, 2022; Ord. 1032 § 2, 2019: Ord. 901 § 2, 2006)

2.04.280 Administrative procedures.

A. The administrative procedures of the city shall be established through formal documents approved by the city manager.

B. In the absence of established administrative procedures, the appropriate department head may establish an interim procedure pending the formal action of the city manager on the subject provided that the procedure has been submitted to the city manager’s office for later review.

C. In cases of conflict between such administrative procedure and: state law, federal law, council resolution, council ordinance or council policy adopted pursuant to Section 2.04.070, the latter shall supersede the administrative procedure. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.285 Redevelopment agency.

Repealed by Ord. 1038. (Ord. 505 §§ 1 – 4, 1981)

2.04.290 Public Participation at Meetings.

The chair of the meeting may establish a uniform time limit for public comments.

A. Comments on Non-Agendized Items: members of the public may address the City Council on any consent item, or on any topic within the subject matter jurisdiction of the City Council that is not on the general government or public hearing section of the agenda, during the oral communications portion of the agenda.

Individuals may not speak more than once during oral communications. All speakers must address their comments to the City Council.

B. Comments on Agendized Items: members of the public may address the city council on any general government or public hearing item during the public comment period on that particular item. Individuals may not speak more than once during the public comment period. All speakers must address their comments to the City Council.

C. Removing an Item from Consent: Any Council Member may pull an item from the consent calendar by motion. Items pulled from the consent calendar will be considered following general government items.

V. City Manager

2.04.290 Office established.

The office of city manager is established by Chapter 2.08. (Ord. 375 (part), 1974)

2.04.300 Powers and duties.

The powers, duties and responsibilities of the city manager shall be set forth in Chapter 2.08. In addition to those responsibilities therein set forth it shall be his or her responsibility to cause to be prepared administrative manuals setting forth administrative rules, regulations and procedures necessary for the proper functioning of a coordination among all departments of city government. These administrative manuals shall be consistent with the provisions of the code and city ordinance. (Ord. 375 (part), 1974)
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VI. City Clerk

2.04.310 Office created.

The office of city clerk is established pursuant to Government Code Sections 40800 through 40814 subject to the modifications set forth in Section 2.04.600. This office shall be under the direct control of the city clerk as to statutory duties but subject to the general administrative direction of the city manager. (Ord. 830 § 1, 2001; Ord. 375 (part), 1974)

2.04.320 Powers and duties.

The powers and duties of the city clerk shall be as set forth in applicable Government Code sections. (Ord. 375 (part), 1974)

2.04.330 Insurance and Claims.

Process all insurance matters and claims against the city.

VII. City Attorney

2.04.330 Office created.

The office of the city attorney is created pursuant to Government Code Sections 41800 through 41804. (Ord. 375 (part), 1974)

2.04.340 Powers and duties.

The powers and duties of the city attorney are set forth in Government Code Sections 41801 through 41804. In addition to those powers and duties therein set forth, the city attorney shall be responsible for and be required to:

A. Legislation. Keep the council and city manager informed as to all legislation affecting the city government; B. Insurance and Claims. Process all insurance matters and claims against the city; C. Meetings. Attend designated meetings of boards, commissions and special committees of the city government, and represent city departments and offices before state and local courts, boards or commissions when there is opposing counsel;
D. Proposed Legislation. Prepare and promote state and federal legislation proposed by the city; E. Annexation Proceedings. Process all annexation proceedings; F. Ordinance Summaries. For any ordinance, which is lengthy and which can be adequately summarized, the city attorney is empowered to prepare, as an alternative to publishing the full text of the proposed ordinance, a summary in the manner set forth in Government Code Section 36933. (Ord. 591, 1985; Ord. 375 (part), 1974) VIII. City Treasurer

2.04.350 Office created.

The office of city treasurer is created pursuant to Government Code Sections 41001 through 41007. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)

2.04.360 Powers and duties.

The powers and duties of the city treasurer shall be as set forth in applicable Government Code sections. (Ord. 1028 § 1 (part), 2019: Ord. 375 (part), 1974)

2.04.365 Appointment.

The city manager shall nominate a city treasurer for consideration by the city council, which may appoint the nominee with a majority vote. (Ord. 1028 § 1 (part), 2019) 378
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IX. Department of Public Works

2.04.370 Created.

The department of public works is created. (Ord. 375 (part), 1974)

2.04.380 Director – Appointment.

The director of public works shall be the head of the department of public works and shall be appointed by the city manager. The city manager shall serve as director of public works until such time as the growth and expansion of city services demands an increase in staff and personnel in this office. (Ord. 375 (part), 1974)

2.04.390 Director – Powers and duties.

In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the director of public works to act to secure and preserve the physical properties of the city and to direct and control all the functions assignable to this department. The director of public works shall:

A. Public Works and Utilities. Supervise the construction, inspection maintenance and operation of the city’s public works;
B. Buildings and Installations. Direct and be responsible for the proper maintenance of city-owned buildings and installations which are not directly assigned to another department or office or which may be assigned by the city manager;
C. Laws and Regulations. Enforce the laws, ordinances and regulations relating to work done in public streets, easements and rights-of way;
D. Engineering Work. Perform or direct all phases of engineering work required in connection with the functions of the city;
E. Contract Work. Approve for acceptance after proper inspection all contract work let by the city affecting streets, alleys;
F. Other Duties. Perform such other duties as may be required by the city manager. (Ord. 357 (part), 1974) X. Department of Police

2.04.450 Created.

The department of police is created. (Ord. 375 (part), 1974)

2.04.460 Chief – Appointment.

The police department shall be under the direct supervision of a chief of police who shall be appointed by the city manager. (Ord. 375 (part), 1974)
XI. Director of Finance

2.04.600 Powers and duties.

The power and duties of the director of finance are as follows:

A. With respect to the city’s accounting and necessarily related matters, the director of finance shall act within the official and professional rules of his or her profession and may not be directed to act contrary to those rules.

B. The director of finance prepares, or supervises preparation of, the city and redevelopment agency’s annual financial report(s); oversees annual independent audits; and interfaces with independent auditor(s).

C. The director of finance conducts, directs and/or oversees all investigative and corrective accounting projects.

D. As requested, the director of finance advises and consults with the city treasurer on accounting and financial matters relative to his or her office. The director of finance is not staff to the city treasurer, but works closely with and assists that office. The director of finance may serve as the city treasurer. 379
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E. “Finance” and “financial” primarily refers to accounting, reporting and information management aspects of city/agency fiscal activities and procedures related to those activities. It does not include providing advice as to the social desirability of any proposed expenditure over another.

F. Pursuant to Government Code Section 37209, the director of finance shall have the powers and duties otherwise vested in the city clerk under the Government Code Sections 37203, 37205, 37207, 37208, 40802 and 40804. (Ord. 1028 § 1 (part), 2019: Ord. 830 § 1, 2001)
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Chapter 2.08

CITY MANAGER
Sections:

2.08.010 Office created.

2.08.020 Residence.

2.08.030 Council member eligibility.

2.08.040 Bond.

2.08.050 Acting city manager.

2.08.060 Compensation.

2.08.065 Exemption from civil service.

2.08.070 Powers and duties.

2.08.080 Law enforcement.

2.08.090 Authority over employees.

2.08.100 Power of appointment and removal.

2.08.110 Administrative reorganization of officers.

2.08.120 Ordinances.

2.08.130 Attendance at council meetings.

2.08.140 Financial reports.

2.08.150 Budget.

2.08.160 Purchasing agent.

2.08.170 Investigations and complaints.

2.08.180 Public buildings.

2.08.190 Hours of employment.

2.08.200 Additional duties.

2.08.210 Internal relations with council.

2.08.220 Departmental cooperation.

2.08.230 Attendance at commission meetings.

2.08.240 At-will employment.

2.08.010 Office created.

The office of the city manager of the city is created and established. The city manager shall be appointed by the city council wholly on the basis of his or her administrative and executive ability and qualifications and shall hold office for and during the pleasure of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 1, 1968)

2.08.020 Residence.

Residence in the city at the time of appointment of a city manager shall not be required as a condition of the appointment, but within one hundred eighty days thereafter the city manager must become a resident of the county of Santa Cruz. (Ord. 990 § 1 (part), 2014: Ord. 308 § 2, 1968)

2.08.030 Council member eligibility.

No member of the city council shall be eligible for appointment as city manager until one year has elapsed after such council member has ceased to be a member of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 3, 1968)

2.08.040 Bond.

The city manager shall furnish a corporate surety bond to be approved by the city council in such sum as may be determined by the city council and shall be conditioned upon the faithful performance of the duties imposed upon the city manager as prescribed in this chapter. Any premium for such bond shall be a proper charge against the city. (Ord. 990 § 1 (part), 2014: Ord. 308 § 4, 1968)Repealed to align with Chapter 2.04.080. Repealed by Ord. ----- , 2023.
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2.08.050 Acting city manager.

The assistant city manager shall serve as manager pro tempore during any temporary absence or disability of the city manager. In the event there is no assistant city manager, the city manager, by a letter filed with the city clerk, shall designate a qualified city administrative officer to exercise the powers and perform the duties of manager during his or her temporary absence or disability. In the event the city manager’s absence or disability extends over a sixmonth period, the city council may, after the six-month period, appoint an acting city manager. (Ord. 990 § 1 (part), 2014: Ord. 308 § 5, 1968)

2.08.060 Compensation.

The city manager shall receive such compensation and expense allowances as the city council from time to time determines, and said compensation and expenses shall be a proper charge against such funds of the city as the city council designates.

In addition, the city manager shall be reimbursed for all actual and necessary expenses incurred by him or her in the performance of his or her official duties, including those incurred when traveling on business pertaining to the city; reimbursement shall only be made, however, when an itemized claim, setting forth the sums expended for such business for which reimbursement is requested, has been presented to and approved by the mayor. (Ord. 990 § 1 (part), 2014: Ord. 308 § 6, 1968)

2.08.065 Exemption from civil service.

The city manager is excluded from civil service or personnel system of the city, and the city manager shall not be entitled to the benefits, advantages or protection of the civil service or personnel system and shall not be subject to the procedures outlined or prevailing to such system. (Ord. 990 § 1 (part), 2014)

2.08.070 Powers and duties.

The city manager shall be the administrative head of the government of the city under the direction and control of the city council except as otherwise provided in this chapter. The city manager shall be responsible for the efficient administration of all the affairs of the city which are under his or her control. In addition to these general powers and administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the powers set forth in Sections 2.08.080 through 2.08.200. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7, 1968)

2.08.080 Law enforcement.

It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.1, 1968)

2.08.090 Authority over employees.

It shall be the duty of the city manager and he or she shall have the authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the city under his or her jurisdiction through their department heads. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.2, 1968)

2.08.100 Power of appointment and removal.

It shall be the duty of the city manager to, and he or she shall, appoint, remove, promote and demote any and all officers and employees of the city except the city attorney subject to all applicable personnel ordinances, rules and regulations. (Ord. 1028 § 2, 2019: Ord. 990 § 1 (part), 2014: Ord. 308 § 7.3, 1968)

2.08.110 Administrative reorganization of officers.

It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his or her direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.4, 1968)

2.08.120 Ordinances.

It shall be the duty of the city manager and he or she shall recommend to the city council for adoption such measures and ordinances as he or she deems necessary. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.5, 1968) 382
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2.08.130 Attendance at council meetings.

It shall be the duty of the city manager to attend all meetings of the city council unless excused therefrom by the mayor individually or city council as a whole, except when his or her removal is under consideration. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.6, 1968)

2.08.140 Financial reports.

It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.7, 1968)

2.08.150 Budget.

It shall be the duty of the city manager to prepare and submit the proposed annual budget to the city council for its approval. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.8, 1968)

2.08.160 Purchasing agent.

It shall be the duty of the city manager and he or she shall be responsible for the purchase of all supplies and services for all the departments or divisions of the city in accordance with city purchasing policy. The city manager shall make no purchase exceeding twenty-five thousand dollars without prior city council approval. No expenditures shall be submitted or recommended to the city council except on report and approval of the city manager. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.9, 1968)

2.08.170 Investigations and complaints.

It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and any contract or the proper performance of any obligations of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government in regard to the service maintained by public utilities in the city. (Ord. 990 § 1 (part), 2014: Ord. 308 §

7.10, 1968)

2.08.180 Public buildings.

It shall be the duty of the city manager and he or she shall exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.11, 1968)

2.08.190 Hours of employment.

It shall be the duty of the city manager to devote his or her entire time to the duties of his or her office and in furthering the interests of the city. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.12, 1968)

2.08.200 Additional duties.

It shall be the duty of the city manager to perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance or resolution or other official action of the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 7.13, 1968)

2.08.210 Internal relations with council.

The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his or her orders and instructions from the city council only when sitting in a duly convened meeting of the city council and no individual councilmember shall give any orders or instructions to the city manager. (Ord. 990 § 1 (part), 2014: Ord. 308 § 8, 1968)

2.08.220 Departmental cooperation.

It shall be the duty of all subordinate officers and the city treasurer and city attorney to assist the city manager in administering the affairs of the city efficiently, economically and harmoniously. (Ord. 990 § 1 (part), 2014: Ord. 308 § 8.1, 1968)

2.08.230 Attendance at commission meetings.

The city manager may attend any and all meetings of the planning commission, recreation and park commission, and any other commissions, boards or committees created by the city council, upon his or her own volition or upon direction of the city council. At such meetings which the city manager attends, he or she shall be heard by such 383
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commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof, and he or she shall inform said members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the city council. (Ord. 990 § 1 (part), 2014: Ord. 308 § 8.2, 1968)

2.08.240 At-will employment.

The city manager shall be an at-will employee, who may be removed from office, or his or her authority temporarily suspended, at the sole discretion of the majority vote of the whole city council, subject to any such restrictions as are specifically set forth in the city manager’s contract of employment. (Ord. 990 § 1 (part), 2014: Ord. 818 § 1, 2000; Ord. 308 § 9, 1968)
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Chapter 2.12

PLANNING COMMISSION
Sections:

2.12.010 Members – Number.

2.12.020 Appointment.

2.12.030 Vacancy filling.

2.12.035 Alternates.

2.12.040 Officers – Organization.

2.12.050 Powers and duties.

2.12.054 Historic preservation duties.

2.12.060 Reference for study.

2.12.010 Members – Number.

The planning commission of the city shall consist of five members. Those commissioners serving at the time of adoption of the ordinance codified in this chapter may continue to serve until replaced in the manner provided in this chapter. All commissioners shall live within the city limits of Capitola or within the sphere of influence of Capitola, as defined by the Santa Cruz Local Area Formation Commission. (Ord. 1036 § 1, 2019; Ord. 428 (part), 1978; Ord. 295 § 1, 1967; Ord. 58 § 1, 1951)

2.12.020 Appointment.

Beginning as soon as the ordinance codified in this chapter becomes effective, each council member may appoint one planning commission member. Except as provided in this chapter, the term of any commissioner so appointed shall terminate fourteen days after the canvassing of the next regular election of council members. However, a commissioner may serve until his or her successor takes office.

Once appointed, a planning commissioner may serve the term above provided unless:

A. The council member who made the appointment requests removal; or B. At least three council members vote for the commissioner’s removal at a noticed open city council meeting. (Ord. 1038 § 1 (part), 2020: Ord. 428 (part), 1978; Ord. 295 § 2, 1967; Ord. 58 § 2, 1951)

2.12.030 Vacancy filling.

In case of a vacancy on the planning commission for any reason except the swearing into office of a new city council member, the city council member who made the appointment to the then vacated position may appoint the replacement. If for any reason the appropriate council member fails to make an appointment to the planning commission within fourteen days after a term has ended or a position vacated, the mayor shall appoint a commissioner to the vacancy. Council members shall appoint either by oral announcement at any regular meeting or special meeting or by a writing delivered to the city manager. Any such appointee may take office as soon as state law allows. (Ord. 428 (part), 1978; Ord. 419, 1977; Ord. 391, 1975; Ord. 295 § 3, 1967; Ord. 285, 1966; Ord. 58 § 3, 1951)

2.12.035 Alternates.

If a planning commissioner does not intend to vacate his or her position, but will be unable to attend two or more consecutive meetings, he or she should, in writing, so notify the city clerk and the council member that appointed him/her. The appointing council member may at any time before or during any long term absence, name an alternate, remove an alternate, or replace an alternate. Three members of the city council may nullify any such appointments. (Ord. 732 § 1, 1992)

2.12.040 Officers – Organization.

The commission shall elect its chairperson from among the appointed members for a term of one year and subject to other provisions of law, may create and fill such other offices as it may determine and may employ such individuals and/or firms as may be required to carry on the work of the commission; provided, however, that expenditures covering such employment must first be authorized by the city council. The commission shall hold at least one 385
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regular meeting in each month. The commission shall adopt rules for the transaction of business, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. 58 § 4, 1951)

2.12.050 Powers and duties.

It shall be, the function and duty of the commission to make, adopt and recommend city council adoption of a master plan for the physical development of the city, and of any land outside of the boundaries which, in the judgment of the commission, bears relations to the planning thereof, and to perform all other proper functions of a planning commission pursuant to and in accordance with the planning and zoning law of the state, beginning with Section 65100 of the Government Code and pursuant to and in accordance with any directions issued by the city council whether by ordinance, resolution or minute order. (Ord. 295 § 4, 1967; Ord. 58 § 5, 1951)

2.12.054 Historic preservation duties.

The planning commission shall have the following historic preservation duties:

A. Advise the city council how best to preserve and enhance the historic resources of Capitola and carry on consultations for this purpose;
B. Review periodically the historic preservation element of the general plan; C. Carry out, assist, and collaborate in studies to identify and evaluate improvements, sites, areas, and vistas worthy of preservation; and recommend to the council designation of historic landmarks, (including archaeological resources) and of vistas to be protected;
D. Advise the council with respect to execution and administration of historic property contracts permitted by Sections 50280 and 50281 of the California Government Code; and advise the council upon aid and assistance available to Capitola under federal, state, county, or other grants-in-aid; E. Maintain for commission use and for consultation by the public a copy of the register of historic features, of which the city clerk is the official custodian;
F. Recommend a standard design for the markers of plaques which may be erected at designated historic landmarks or historic features. (Ord. 515 § 2, 1982)

2.12.060 Reference for study.

The council may by general or special rule, provide for the reference of any other matter or class of matters to the commission before final action thereon by the public body or officer of the city having final authority thereon, with the provisions that final action thereon shall not be taken until the commission has submitted its report thereon or has had reasonable time to submit the report. The commission shall have full power and authority to make such investigations, maps and reports, and recommendations in connection therewith relating to the planning and development of the city as it seems desirable, providing the total expenditures of the commission shall not exceed the funds available therefor. (Ord. 58 § 6, 1951)
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Chapter 2.16

PLANNING DEPARTMENT
Sections:

2.16.010 Created.

2.16.020 Employees.

2.16.030 Director – Appointment and qualifications.

2.16.040 Director – Powers and duties.

2.16.050 Repealed.

2.16.010 Created.

The department of planning is created and established in accordance with Section 65200 et seq., of the Government Code of the state of California. (Ord. 991 § 1 (part), 2014: Ord. 331 § 1, 1970)

2.16.020 Employees.

The number of employees to carry out the functions of the planning department shall be designated by the city manager and the community development director with the approval of the city council. (Ord. 991 § 1 (part), 2014:

Ord. 331 § 2, 1970)

2.16.030 Director – Appointment and qualifications.

The community development director shall be appointed by the city manager. He or she shall be qualified pursuant to Section 65201 of the Government Code of the state of California and shall have the ability to manage and direct the planning department, and possess knowledge of the principles of state laws and city ordinances relating to zoning and planning, together with a working knowledge of engineers’ drawings, mapping and topography, and have the ability to collect, analyze and interpret data pertaining to planning and zoning activities. (Ord. 991 § 1 (part), 2014: Ord. 331 § 3, 1970)

2.16.040 Director – Powers and duties.

The community development director shall plan and supervise the technical work and administrative detail of the planning commission; serve as secretary to the planning commission and carry out their directives; develop and promote long range planning programs; prepare zoning and other regulatory ordinances in preliminary form; supervise the work of the staff of the planning department; supervise and participate in the administration of zoning ordinances; make land use studies and reports; consult with citizens and officials on planning problems; advise the city council on planning problems; maintain cooperative liaison with other agencies in the planning field, including state and local agencies; answer inquiries from the public concerning zoning regulations. (Ord. 991 § 1 (part), 2014:

Ord. 331 § 4, 1970)

2.16.050 Director – Compensation.

Repealed by Ord. 991. (Ord. 331 § 5, 1970)
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Chapter 2.18
MOBILE HOME PARK RENT STABILIZATION Revised 7/23
Sections:

2.18.010 Purpose and findings. Revised 7/23

2.18.020 Definitions. Revised 7/23

2.18.030 Applicability. Revised 7/23

2.18.031 Exemptions. Revised 7/23

2.18.040 Stabilization of rents. Revised 7/23

2.18.050 Vacancy control – Establishment of a new base rent. Revised 7/23

2.18.060 Anniversary date. Revised 7/23

2.18.070 Rent increase limitations. Revised 7/23

2.18.080 Information required from mobile home park owner. Revised 7/23

2.18.090 Rent dispute resolution process. Revised 7/23

2.18.110 Standards of review. Revised 7/23

2.18.120 Net operating income. Revised 7/23

2.18.130 Gross income. Revised 7/23

2.18.140 Operating expenses. Revised 7/23

2.18.150 Special base year NOI/base rent adjustments. Revised 7/23

2.18.160 Obligations of the parties. Revised 7/23

2.18.170 Homeowner’s right of refusal. Revised 7/23

2.18.180 Retaliatory acts – Homeowner’s right to organize. Revised 7/23

2.18.190 Fees. Revised 7/23

2.18.200 Remedies and waiver of rights. Revised 7/23

2.18.210 Rights of affected parties reserved. Revised 7/23

2.18.220 Extension of time limits. Revised 7/23

2.18.230 Regulations. Revised 7/23

2.18.010 Purpose and findings. Revised 7/23
A. The purpose of this chapter is to stabilize mobile home space rents by preventing excessive and unreasonable rent increases, and to assure that mobile home park owners receive a fair and reasonable return on their investment.

B. The city council finds and declares the following:

1. Mobile homes provide an important alternative form of housing; and

2. Based on the most recent available data, within Capitola city limits there are mobile home parks with a total of six hundred eighty-one spaces. Approximately six hundred seventy-four of those spaces are occupied, thus resulting in a vacancy rate of just one percent, and market conditions suggest that the high demand for mobile home spaces is likely to persist; and

3. Capitola does not currently regulate rental amounts or rent increases on mobile homeowners to ensure that rents remain affordable; and

4. Residents of mobile home parks, unlike apartment tenants or residents of other rental properties, are in a unique position in that they have made a substantial investment in a residence for which space is rented or leased; and

5. Some residents of mobile home parks own their coaches, and rent space from the park owner; and

6. The imposition of sudden and excessive rent increases that are beyond the reach of mobile home park residents require such residents to identify alternative sites for the relocation of mobile homes, which is difficult to do given the shortage of vacant mobile home spaces, and restrictions on the age, size or style of mobile homes permitted in many mobile-home parks; and
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7. The potential for rents to increase within mobile home parks within the city could cause hardship to a substantial number of mobile homeowners and residents of the parks, many of whom are elderly, on fixed incomes, or are persons of low or moderate income, and these residents would be vulnerable to displacement; and

8. It is necessary to protect mobile homeowners and residents of mobile home parks from unreasonable rent increases and at the same time recognize the rights of mobile home park owners to receive a reasonable return on their investments. (Ord. 1060 § 1 (Att. A), 2023)

2.18.020 Definitions. Revised 7/23
A. “Administrator” means the administrator of the city’s mobile home space rent stabilization program. The administrator shall be the community development director, or such other city employee as the city manager may appoint to serve as administrator.

B. “Affected homeowners” means those mobile homeowners who are subject to a rent increase. For purposes of providing notice of any rent increase and copies pursuant to this chapter and calculating the number of affected homeowners in support of a rent arbitration petition, each mobile home space subject to a rent increase shall be deemed to have only one affected homeowner. Reference to “all affected homeowners” shall mean one homeowner from each mobile home space subject to the proposed rent increase.

C. “Arbitrator” refers to a person who is appointed by the administrator, and is neither a homeowner, nor has an interest in a mobile home park of a nature that would require disqualification under the provisions of the Political Reform Act.

D. “Arms-length transaction” shall refer to a transaction negotiated by unrelated parties, each acting in his or her own self-interest, which serves as a basis for a fair return determination in this chapter.

E. “Base rent” means the authorized rent calculated pursuant to the provisions of Section 2.18.040, plus any rent increase allowed under this chapter, unless it is expressly excluded from base rent, plus any adjustment attributable to vacancy control as provided in Section 2.18.050.

F. “Capital improvements” means those new improvements, replacements, upgrades, or remodeling, which directly and primarily benefit and serve mobile home park homeowners by materially adding to the value of the property and appreciably prolonging its useful life or adapting it to new uses. Capital improvements consist of more than ordinary maintenance and/or repairs, and may be amortized over the useful remaining life of the improvement to the property.

Capital improvement costs shall include all costs reasonably and necessarily related to the planning, engineering, and construction of the improvement or replacement and shall include debt service costs, if any, incurred as a direct result of the capital improvement or replacement.

G. “City information sheet” is prepared by the city, and will provide information about the mobile home park rent stabilization ordinance and include the administrator’s contact information.

H. “Comparable space” means a mobile home space in the same mobile home park that is suitable for comparison, taking into account such characteristics as the location and size of the space, lot size, landscaping, adjacency to freeways, ocean views or amenities.

I. “Consumer Price Index” or “CPI” shall mean the Consumer Price Index for All Urban Consumers, San FranciscoOakland-San Jose region.

J. “Gross income” shall have the meaning set forth in Section 2.18.130.

K. “Homeowner” shall mean an existing mobile homeowner.

L. “Homeowner representative” shall mean a designated homeowner association (HOA) or its designee who shall have the authority to represent the interest of, negotiate on behalf of, and bind the homeowners.

M. “Housing service” shall mean a service or facility provided by the mobile home park owner related to the use or occupancy of a mobile home space, which is neither a capital improvement nor a substantial rehabilitation. 389
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“Housing service” includes, but is not limited to, repairs (including street repairs), replacement, maintenance, landscaping, painting, lighting, heat, water, utilities, laundry facilities, refuse removal, recreational and meeting facilities, parking, security service, and employee services.

N. “Mobile home” has the same meaning as the definition of “mobilehome” defined in Civil Code Section 798.3, as it may be amended from time to time, or a successor code provision.

O. “Mobile homeowner” means a person who owns a mobile home and also rents a mobile home space in a mobile home park pursuant to a rental agreement that is not otherwise exempt from regulation under this chapter.

P. “Mobile home park” has the same meaning as the definition of “mobilehome park” defined in Civil Code Section 798.4, as it may be amended from time to time, or successor code section.

Q. “Mobile home park owner” means a park owner, lessor, or sublessor of a mobile home park in the city who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof and who reports to the Internal Revenue Service any income received or loss of income resulting from such ownership or claims any expenses, credits, or deductions because of such ownership.

R. “Mobile home space” means any site within a mobile home park located in the city intended, designed, or used for the location or accommodation of a mobile home. “Mobile home space” includes any accessory structures or appurtenances attached to the mobile home or used in conjunction therewith.

S. “Net operating income” shall have the meaning set forth in Section 2.18.120.

T. “Operating expenses” shall have the meaning set forth in Section 2.18.140.

U. “Rent” means the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobile home park owner for or in connection with the use occupancy of a mobile home dwelling unit.

V. “Rent increase” means any additional rent demanded of, or paid by, a homeowner for mobile home space. “Rent increase” includes any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent.

W. “Rent stabilization administration fee” means a fee established by resolution of the city council in accordance with the provisions of Section 2.18.190.

X. “Substantial rehabilitation” means that work done by a mobile home park owner to a mobile home space or to the common areas of the mobile home park, exclusive of capital improvements, which has a value in excess of twenty thousand dollars, and is performed either to secure compliance with any state or local law, or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance or other benefits. Costs of substantial rehabilitation include all costs reasonably and necessarily related to the planning, engineering, and construction of the work. Such costs shall also include debt service costs incurred as a direct result of the substantial rehabilitation work, if any. (Ord. 1060 § 1 (Att. A), 2023)

2.18.030 Applicability. Revised 7/23
This chapter applies to every mobile home park within the city, except those to which an exemption applies. (Ord. 1060 § 1 (Att. A), 2023)

2.18.031 Exemptions. Revised 7/23
A. This chapter shall not apply to mobile home spaces that are subject to a written rental agreement exempt from regulation pursuant to Civil Code Section 798.17. This chapter shall also not apply to a newly constructed space exempt from regulation pursuant to Civil Code Sections 798.45 and 798.7.

B. These exceptions shall be effective only until the expiration or other termination of the rental agreement subject to the exception, whereupon all provisions of this chapter shall immediately be applicable to the mobile home space, unless the rental agreement meets the criteria of Civil Code Section 798.17. 390
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C. This chapter shall not apply to any mobile home spaces that are exempt from local mobile home rent stabilization ordinances as required by law, including, but not limited to, Civil Code Section 798.21, and including but not limited to mobile home spaces that are not the principle residence of the mobile homeowner and mobile homeowner has not rented the mobile home to another party.

D. This chapter shall not apply to any mobile home parks that are owned by the mobile homeowners in the mobile home park, pursuant to Civil Code Section 799.1(a).

E. This chapter shall not apply to any mobile home space subject to any agreement that restricts rent increases in a manner that is more protective than this chapter. (Ord. 1060 § 1 (Att. A), 2023)

2.18.040 Stabilization of rents. Revised 7/23
A. It shall be unlawful to demand, accept, receive, or retain rent for a mobile home space in excess of the base rent plus any increases that are authorized by this chapter, unless an exemption applies.

B. Base Rent Calculation.

1. Except as provided herein, a mobile home park owner shall not demand, accept, or retain rent for a mobile home space exceeding the rent in effect for that space on May 25, 2023. In the event that a mobile home space was not occupied on May 25, 2023, the base rent for that mobile home space shall be the highest mobile home space rent charged by the mobile home park owner for a comparable space in the mobile home park on May 25, 2023, plus any rent increases allowed thereafter pursuant to this chapter.

2. If a mobile home space is exempted from the provisions of this chapter because it is the subject of a rental agreement pursuant to California Civil Code Section 798.17, and that agreement expires or is terminated by operation of law and is not renewed, then the base rent, until the next annual adjustment pursuant to this chapter, shall be the average of the three highest rents of comparable spaces on May 25, 2023, plus any rent increases allowed thereafter pursuant to this chapter.

3. It shall be presumed that the base rent yields a fair return.

C. A mobile home park owner may seek an adjustment to the initial base rent if it can be clearly established that an adjustment is necessary for the mobile home park owner to receive a fair return. In seeking an adjustment to the initial base rent under this section, the procedures set forth in Sections 2.18.080 and 2.18.090 shall apply.

The guidelines for determining an adjustment to the initial base rent are set forth in Section 2.18.150. (Ord. 1060 § 1 (Att. A), 2023)

2.18.050 Vacancy control – Establishment of a new base rent. Revised 7/23 A. A mobile home park owner shall be permitted to increase the space rent by up to 15 percent whenever a lawful vacancy occurs, and this amount shall be considered the new base rent for a mobile home space. For purposes of this chapter, “lawful space vacancy” shall mean:

1. A vacancy occurring because of the termination of the tenancy of a mobile homeowner in accordance with California Civil Code Sections 798.56 through 798.58; or

2. A vacancy occurring because of the abandonment of a mobile home pursuant to California Civil Code Section 798.61; or

3. A vacancy occurring due to sale of a mobile home on site to any mobile home park owner-approved purchaser, pursuant to California Civil Code Section 798.74.

B. Any alleged violation of this section shall be subject to arbitration pursuant to Section 2.18.090. (Ord. 1060 § 1 (Att. A), 2023)

2.18.060 Anniversary date. Revised 7/23
The anniversary date for all rent increases in the mobile home park owner’s park shall be established by city council resolution. Rent increases, if any, except as specified below, shall be enacted only on the anniversary date. The 391
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mobile home park owner shall post the anniversary date in the park office or areas where it can easily be seen by homeowners. (Ord. 1060 § 1 (Att. A), 2023)

2.18.070 Rent increase limitations. Revised 7/23
A. As of the effective date of the ordinance codified in this chapter, no rent increases may be implemented within twelve months of the effective date of the preceding rent increase unless otherwise authorized under this chapter.

The permissible annual increase shall be the lesser of:

1. Five percent of the base rent plus one hundred percent of the preceding year’s annual average change in the Consumer Price Index; or

2. Ten percent of the base rent.

B. A mobile home park owner shall not implement any additional rent increase within a twelve-month period above the authorized amount pursuant to subsection A of this section, unless otherwise provided in this chapter.

C. In the event that a mobile home park owner wishes to implement a rent increase on the anniversary date or within a twelve-month period more than the amount permitted in subsection A of this section the procedures set forth in Sections 2.18.080 and 2.18.090 shall apply.

D. The arbitrator may reduce the proposed rent increases pursuant to subsection B or C of this section to a figure based on the evidence submitted by the mobile home park owner or the park owner representative to be a fair return.

E. Any notice of a rent increase shall be provided in writing to affected homeowners at least ninety days before any rent increase is to take effect. (Ord. 1060 § 1 (Att. A), 2023)

2.18.080 Information required from mobile home park owner. Revised 7/23 A. Within thirty days after the effective date of this chapter and upon the re-renting of each mobile home space thereafter, the mobile home park owner shall supply each affected homeowner or prospective homeowner with a copy of the city information sheet.

B. Whenever the mobile home park owner serves a notice of a proposed rent increase, except a notice of proposed rent increase implemented pursuant to Section 2.18.070(A), the mobile home park owner shall simultaneously serve a written notice that sets forth the following:

1. The amount of the rent increase both in dollars and as a percentage of existing rent and documentation supporting the proposed increase, including but not limited to: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the mobile home park owner’s debt service and the date and nature of the sale or refinancing transaction; a summary of the mobile home park owner’s net operating income of the preceding twenty-four months and other relevant information that supports the level of rent increase desired;

2. The availability of a current listing of all other affected homeowners and the spaces which they rent;

3. The address and telephone number of the administrator and statement that the homeowner is encouraged to contact the administrator for an explanation of this chapter;

4. A copy of the petition form prepared and provided by the administrator that initiates the rent review process established by this chapter;

5. The time and place for a mandatory meeting with the mobile home park owner and homeowners to be held on the mobile home park premises. The meeting shall be held within ten days from the service of the notice of proposed rent increase. The mobile home park owner and homeowner shall endeavor to resolve the dispute informally.

6. In the event the dispute is not resolved informally, the mobile home park owner shall, within ten days of the meeting required in subsection (B)(5) of this section, file with the administrator two copies of the notice and 392
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summary of expenses required in subsection (B)(1) of this section, along with two copies of all relevant financial records, bills or documents that substantiate the proposed increase. This financial information shall be verified in writing by an auditor or certified public accountant or certified in writing as true and correct under penalty of perjury by the mobile home park owner. This information will be made available at City Hall for inspection and copying by the affected homeowners.

C. A mobile home park owner failing to provide any information, documents, or notices required by this section shall not be entitled to collect any rent increase that might otherwise be awarded by an arbitrator. Such failure shall also be a defense in any action brought by the mobile home park owner to recover possession of a mobile home space or to collect any rent increase from the homeowner.

D. An affected homeowner who is given notice of a rent increase is entitled to file a petition for rent review as provided in Section 2.18.090 regardless of whether the mobile home park owner has provided the affected homeowner with all the information, documents and notices required by this chapter. (Ord. 1060 § 1 (Att. A), 2023)

2.18.090 Rent dispute resolution process. Revised 7/23
A. If a rent increase is proposed pursuant to Section 2.18.070(B) and (C), then after service of the rent increase notice and the production of the accompanying information required by Section 2.18.080, the mobile home park owner shall set a time and place for an informational meeting with the homeowners on the mobile home park premises, or an alternative location with the agreement of the homeowners’ representative. The informational meeting shall be held within twenty days from the service of the notice of proposed rent increase. The mobile home park owner shall give affected homeowners and the administrator at least ten days’ advance written notice of this meeting.

B. Petition Procedures.

1. If discussions between the mobile home park owner and affected homeowners do not resolve the dispute, the homeowners or homeowner representative may file with the administrator a petition for rent review with a copy of the notice of rent increase within thirty days after receipt of the rent increase notice.

2. As soon as possible after a petition has been filed with respect to mobile home spaces that are within a mobile home park, the administrator shall, to the extent possible, consistent with the time limitations provided herein, consolidate petitions involving similarly situated affected homeowners.

3. Upon the filing of a petition, the rent increase shall not be implemented until and to the extent it is awarded by an arbitrator or until the petition is abandoned by the affected homeowners or the homeowner representative. “Abandoned” as used herein shall mean a failure to actively pursue the necessary steps to prepare the homeowners’ case for the arbitration.

C. Contents of Petition.

1. The petition for rent review shall: (a) set forth the total number of affected mobile home spaces in the mobile home park; (b) identify the name of the homeowners who occupy each space; and (c) state the date upon which the notice of the rent increase was received by the homeowner.

2. After obtaining the required signatures of affected homeowners, the homeowners shall deliver the petition or mail it by certified mail to the administrator at the following address: City of Capitola, 420 Capitola Avenue, Capitola, California 95010. No petition shall be accepted unless it is accompanied by the requisite number of signatures and is received in the office of the administrator within the thirty-day period set forth in subsection B of this section. The administrator shall provide a copy of the completed petition to the mobile home park owner and the arbitrator.

D. After the administrator has accepted a petition for rent review, the administrator shall remit to the mobile home park owner and petitioning homeowners or the homeowner representative an information questionnaire in such form as the administrator may prescribe. The completed information questionnaire must be returned to the administrator at least five business days prior to the date scheduled for hearing of the petition by the arbitrator. The administrator 393
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shall provide copies of the completed information questionnaire to the arbitrator, the mobile home park owner, and the affected homeowners or the homeowner representative.

E. Upon receipt of a petition, or upon an affected homeowner’s claim of a vacancy control rent increase violation pursuant to Section 2.18.050, the administrator shall assign an arbitrator. The administrator shall set a date for the arbitration hearing. The mobile home park owner and all affected homeowners shall be notified immediately in writing by the administrator of the date, time, and place of the hearing either in person or by ordinary mail. Any documents to be presented at the hearing by either the park owner or the affected homeowners shall be served on the other party, the administrator, and the arbitrator at least ten working days before the hearing by mail or in-person delivery. All financial documents submitted shall be verified in writing by an auditor or certified public accountant, or certified in writing as true and correct under penalty of perjury by the mobile home park owner.

F. Arbitration Hearing.

1. The mobile home park owner and any affected homeowners, or their representatives, may appear at the hearing and offer oral and documentary evidence. The burden of proving that the amount of rent increase is reasonable shall be on the mobile home park owner by a preponderance of the evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses.

2. Any jurisdictional or procedural dispute regarding the process set forth herein may be decided by the arbitrator.

3. The arbitrator shall, within fourteen days of the conclusion of the hearing, submit by mail a written statement of decision and the reasons for the decision to the administrator. The administrator shall mail copies of the decision to the mobile home park owner and affected homeowners.

4. The decision of the arbitrator shall be final and binding upon the mobile home park owner and affected homeowners, and subject to the provisions of California Code of Civil Procedure Section 1094.5.

G. It is the intent of the council to have a final decision rendered within ninety days of the initial notice of the rent increase. The administrator or the arbitrator may, however, modify the time periods set forth herein at his or her discretion to promote the purposes of this chapter. (Ord. 1060 § 1 (Att. A), 2023)

2.18.110 Standards of review. Revised 7/23
A. The arbitrator shall determine whether rent increases proposed or imposed by the mobile home park owner are reasonable based upon the circumstances and this chapter. The arbitrator shall take into consideration that the purpose of this chapter is to permit mobile home park owners a just and reasonable return, while protecting homeowners from unnecessary or unreasonable rent increases.

B. The arbitrator shall not allow more than one rent increase per mobile home space per twelve-month period, unless a mobile home park owner can clearly establish that the rent increase is necessary to cover costs of operation, maintenance, capital improvements, and/or substantial rehabilitation not reasonably foreseeable at the time notice of the preceding rent increase was given.

C. Maintenance of Net Operating Income.

1. It shall be presumed that the base year net operating income adjusted by seventy-five percent of the increase or decrease in the CPI since the base year yields a fair return. Mobile home park owners shall be entitled to maintain and increase their net operating income in accordance with this section. The arbitrator shall make a determination of whether the mobile home park owner’s net operating income yields a fair return under this standard.

2. The formula for calculating the fair NOI return shall be as follows:

Fair NOI = Base Year NOI × (1 + 0.75) % preceding years’ annual average change in CPI
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3. Except as provided in Section 2.18.150, it shall be presumed that the net operating income produced by the mobile home park during the base year provided a fair return.

4. Calendar year 2022 shall be established as the base year for purposes of determining whether a mobile home park owner’s net operating income provides a fair return. If a satisfactory base year is, in the arbitrator’s opinion, not otherwise available, such as where a mobile home park owner did not own the subject property in the base year and/or the 2022 operating expenses are not available, the arbitrator may take any relevant evidence into account to construct a base year.

5. The base year CPI shall be the CPI level in May 2022.

6. The percentage change in the CPI shall be calculated by using the preceding year’s average CPI prior to the noticed increase.

7. The comparison NOI year shall be the most recent calendar or fiscal year, unless another period is found by the arbitrator to be more appropriate.

D. A park owner may seek a rent increase based on the cost of a completed new capital improvement, as defined in Section 2.18.020, together with a reasonable return upon the capital improvement investment, only if the mobile home park owner has:

1. Established by written verification or other competent evidence to the satisfaction of the arbitrator that the costs of the new capital improvement are factually correct as claimed;

2. Cost factored and amortized the costs of the capital improvement over the good faith estimate of the remaining life of the improvement, but in no event for a period of less than sixty months; and

3. Allocated the increase among affected homeowners on a per space basis and separately itemized such increase on the rent bill. Such increases shall not be considered included in the base rent for purposes of the annual permissible rent increases pursuant to Section 2.18.070(A).

E. Mitigating Factors. In evaluating a rent increase, the arbitrator shall also consider the following factors in addition to any other factors the arbitrator deems relevant in order to determine whether there are any circumstances that may justify a reduction in a proposed rent increase:

1. In the event the mobile home park owner reduces or eliminates any housing services, a proportionate share of the cost savings due to such reduction or elimination shall be passed on in the form of a decrease in existing rent or a decrease in the amount of a rent increase otherwise proposed or permitted by this chapter.

2. The physical condition of the mobile home space or park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve months.

F. Notwithstanding any other provision to the contrary, no provision of this chapter shall be applied to prohibit the granting of a rent increase that is demonstrated to be necessary to provide a mobile home park owner with a fair and reasonable return. (Ord. 1060 § 1 (Att. A), 2023)

2.18.120 Net operating income. Revised 7/23
In evaluating a rent increase imposed by a mobile home park owner to maintain the mobile home park owner’s net operating income, “net operating income” (NOI) shall mean the gross income as defined in Section 2.18.130 of the mobile home park less the operating expenses as defined in Section 2.18.140. (Ord. 1060 § 1 (Att. A), 2023)

2.18.130 Gross income. Revised 7/23
For purposes of calculating the net operating income pursuant to Section 2.18.120, “gross income” shall mean the sum of the following:

A. Gross mobile home space rents, computed as gross space rental income at one hundred percent occupancy; plus 395
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B. Other income generated as a result of the operation of the mobile home park, including, but not limited to, fees for services actually rendered; plus
C. Revenue received by a mobile home park owner from the sale of water, sewer, refuse collection, gas, and electricity to homeowners where such utilities or services are billed individually to the homeowners by the mobile home park owner. Such revenue shall equal the total cost of the utilities or services to the homeowners minus the amount paid by the mobile home park owner for such utilities or services to the utility or service provider; minus D. Uncollected mobile home space rents due to vacancy and bad debts to the extent that the same are beyond a mobile home park owner’s control. Uncollected mobile home space rents in excess of three percent of gross mobile home space rents shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. If uncollected mobile home space rents must be estimated, then the average of the preceding three years’ experience shall be used. (Ord. 1060 § 1 (Att. A), 2023)

2.18.140 Operating expenses. Revised 7/23
A. For purposes of calculating net operating income pursuant to Section 2.18.120, “operating expenses” may include:

1. Real property taxes and assessments.

2. Utility costs to the extent that they represent costs to the mobile home park owner which are not passed through to homeowners of the mobile home park.

3. Management expenses (including the compensation of administrative personnel, including the value of any mobile home space offered as part of compensation for such services), reasonable and necessary advertising to ensure occupancy, legal and accounting services as permitted herein, and other managerial expenses.

Management expenses are presumed to be not more than five percent of gross income, unless established otherwise.

4. In addition to the management expenses listed above, if the mobile home park owner performs managerial or maintenance services which are uncompensated, the mobile home park owner may include the reasonable value of such services or operating expenses. Mobile home park owner-performed labor shall be limited to five percent of gross income unless the arbitrator finds that such a limitation would be substantially unfair in a given case. A mobile home park owner must devote substantially all of the mobile home park owner’s time, that is, at least forty hours per week, to performing such managerial or maintenance services in order to warrant the full five percent credit as an operating expense. No credit for such services shall be authorized unless a mobile home park owner documents the hours utilized in performing such services and the nature of the services provided.

5. Normal repair and maintenance expenses for the grounds and common facilities, including but not limited to landscaping, cleaning, and repair of equipment and facilities.

6. Operating supplies such as janitorial supplies, gardening supplies, and stationery.

7. Insurance premiums prorated over the life of the policy.

8. Other taxes, fees, and permits, except as provided in Section 2.18.190.

9. Reserves for replacement of long-term improvements or facilities, provided that accumulated reserves shall not exceed five percent of gross income.

10. A mobile home park owner may include the cost of necessary capital improvement or substantial rehabilitation expenditures which would exceed existing reserves for replacement. A necessary capital improvement shall be an improvement required to maintain the common facilities and areas of the mobile home park in a decent, safe, and sanitary condition or to maintain the existing level of mobile home park amenities and services. In the event that the necessary capital improvement or substantial rehabilitation expenditure is necessitated as the result of an accident, disaster, or other event for which the mobile home park owner 396
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received insurance or other benefits, only those costs otherwise allowable and exceeding such benefits may be calculated as operating expenses.

Expenditures for necessary capital improvements to upgrade existing facilities, together with a reasonable return upon the capital improvement investment made by the mobile home park owner, shall be an allowable operating expense only if the park owner has:
a. Informed the affected homeowners prior to initiating construction or implementation of the capital improvement regarding the nature, purpose and estimated cost of the improvement; and b. Established by written verification or other competent evidence to the satisfaction of the arbitrator that the costs of capital improvement provided to the homeowners for their general use are factually correct as claimed; and
c. Cost factored and amortized the costs of the improvement over the good faith estimate of the remaining life of the improvement, but in no event for a period of less than sixty months; and d. Allocated the increase among affected homeowners on a per space basis and separately itemized such increase on the rent bill. Such increases shall not be considered included in the base rent for purposes of the annual permissible rent increases pursuant to Section 2.18.070(A).

11. Increases in interest payments which result from one of the following situations or the equivalent thereof:
a. Refinancing of the outstanding principal owed for the acquisition of a park where such refinancing is mandated by the terms of a financing transaction entered into prior to May 25, 2023; for instance, termination of a loan with a balloon payment; or
b. Increased interest costs incurred as a result of a variable interest rate loan used to finance the acquisition of the park and entered into prior to May 25, 2023.
c. In the event that the mobile home park is financed as part of a multi-asset portfolio, the allowable increase in interest costs shall be limited to the amount reasonably attributable to the mobile home park or mobile home parks located in the city, based on the percentage of total asset value or such allocation established in loan documents.
d. In refinancing, increased interest shall be permitted to be considered as an operating expense only where the mobile home park owner can show that the terms of the refinancing were reasonable and consistent with prudent business practices under the circumstances.

B. “Operating expenses” shall not include the following:

1. Debt service expenses, except as provided in subsection (A)(11) of this section;

2. Depreciation;

3. Any expense for which the mobile home park owner is reimbursed; or

4. Attorneys’ fees and costs (except printing costs and documentation as required by Section 2.18.080) incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this chapter.

C. Whenever a particular expense exceeds the normal industry or other comparable standard, the mobile home park owner shall bear the burden of proving the reasonableness of the expense. To the extent that the arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard. (Ord. 1060 § 1 (Att. A), 2023)
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2.18.150 Special base year NOI/base rent adjustments. Revised 7/23 A. Mobile home park owners may obtain a one-time special adjustment to the base year NOI and/or base rent dates if the mobile home park owner rebuts the presumption that the base year NOI and/or base rent date yielded a fair return. The arbitrator shall not make such a determination unless the arbitrator has first made at least one of the following findings:

1. That the mobile home park owner’s operating expenses in the base year were unusually high or low in comparison to the three years prior to the base year. The average expenses for this period shall be presumed to reflect reasonable average annual expenses and the average of such expenses shall be used to calculate and adjust the base year NOI.

In determining whether the park owner’s operating expenses were unusually high or low, the arbitrator shall consider whether:
a. The park owner made substantial capital improvements during the base year, which were not reflected in the rent levels on the base rent date.
b. Substantial repairs were made due to uninsured damage caused by fire, natural disaster or vandalism. c. Maintenance and repair were below accepted standards so as to cause significant deterioration in the quality of housing services.
d. Other expenses were unreasonably high or low notwithstanding the following of prudent business practice.

2. That the rent was disproportionate due to one of the enumerated factors below:
a. The rent on the base date was exceptionally high or low due to the fact that the rent was not established in an arms-length transaction.
b. The rent on the base rent date was substantially higher or lower than at other times of the year by reason of premiums being charged or rebates given for reasons unique to particular spaces.

B. If the circumstances specified in subsection (A)(2) of this section are demonstrated, the base rent date shall be adjusted to reflect the rent that would have been received if the base rent date had been set under general market conditions. In making this adjustment, the arbitrator shall utilize the median rent in effect on the base rent date, or a good faith estimate of such median rent, for comparable spaces within the mobile home park or, if necessary, other comparable parks. Comparability shall be judged based on the location of the park, services, amenities provided, ocean views, lot size, landscaping, and other relevant factors. (Ord. 1060 § 1 (Att. A), 2023)

2.18.160 Obligations of the parties. Revised 7/23
A. After the mobile home park owner’s proposed effective date of a noticed rent increase, if the arbitrator finds that the proposed increase or any portion thereof that was previously inoperative is justified, all affected homeowners shall pay the amount found justified to the mobile home park within thirty days after the decision is made.

B. If the arbitrator finds that an increase or any portion thereof is not justified, the mobile home park owner shall refund any amount found to be unjustified, but that had been paid, to all affected homeowners within ninety days of the arbitrator’s decision. In the event that the tenancy of an affected homeowner is terminated for any reason prior to receipt of a refund, the balance of the credit due the homeowner shall be paid by the mobile home park owner within thirty days from the date of the termination of the tenancy.

C. Any sum of money that under the provisions of this section is the obligation of the mobile home park owner or homeowner to pay, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this section, may be collected in any manner provided by law for the collection of debts. (Ord. 1060 § 1 (Att. A), 2023)

2.18.170 Homeowner’s right of refusal. Revised 7/23
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determined to violate the provisions of this chapter. Such right of refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect the rent increase. (Ord. 1060 § 1 (Att. A), 2023)

2.18.180 Retaliatory acts – Homeowner’s right to organize. Revised 7/23 No mobile home park owner may retaliate against a homeowner, homeowner representative, or prospective homeowner for the assertion or exercise of rights under this chapter in any manner. This includes, but is not limited to, threatening to bring or bringing an action to recover possession of a mobile home space, engaging in any form of harassment that causes a homeowner to quit the premises, dissuading a prospective homeowner from freely exercising the homeowner’s legal option to choose a tenancy of a shorter term, decreasing housing services, increasing the mobile home space rent, or imposing or increasing a security deposit or any other charge payable by a homeowner. (Ord. 1060 § 1 (Att. A), 2023)

2.18.190 Fees. Revised 7/23
A. The city is authorized to impose a rent stabilization administration fee (“fee”) chargeable against each mobile home space in the city subject to this chapter. The administrator may recommend to the city from time to time the amount of the fee and the council may adopt such fee by resolution at a public hearing.

B. Within sixty days of the adoption of the ordinance codified in this chapter, each mobile home park owner in the city shall register with the city. The mobile home park owner shall provide the name and address of the mobile home park owner, and the current rent roll for all spaces which shall identify: (1) the length of the lease term for each space; (2) the expiration of the lease term for each space; (3) current rents and other fees or charges that are received by the mobile home park owner itemized per mobile home space; (4) the number of mobile home spaces, including both occupied and unoccupied spaces, contained in that mobile home park owner’s mobile home park; and (5) the mobile home park owner’s determination of comparable spaces in the mobile home park, along with a description of how the spaces are comparable. The provision of the information required by this subsection B must also be made immediately upon change of ownership of the mobile home park, or an increase or a decrease in the number of spaces available at a mobile home park owner’s mobile home park. (Ord. 1060 § 1 (Att. A), 2023)

2.18.200 Remedies and waiver of rights. Revised 7/23
A. In the event that a mobile home park owner demands, accepts, receives, or retains any payment in excess of the amounts allowed under this chapter, the homeowner may file a civil suit against the mobile home park owner. A mobile home park owner who demands, accepts, receives, or retains any payment of rent in excess of the amounts allowed under this chapter shall be liable to the homeowner in the amount by which the payment or payments have exceeded the allowable rent. In such a case, the rent shall be adjusted to reflect the lawful rent pursuant to this chapter.

B. A mobile home park owner who willfully demands, accepts, or retains any payment of rent in violation of the provisions of this chapter shall be liable in a civil action to the person from whom payment is demanded, accepted or retained for damages in the sum of three times the amount by which payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted or retained. A prevailing homeowner in a civil action brought to enforce this chapter shall be awarded reasonable attorneys’ fees and costs as determined by the court. No administrative remedy need be exhausted prior to filing suit pursuant to this section.

C. The remedies available in this chapter are not exclusive and may be used cumulatively with any other remedies available in this chapter or at law.

D. Waiver of Rights.

1. Any waiver or purported waiver by a homeowner of rights granted under this chapter prior to the time when said rights may be exercised shall be void as contrary to public policy, except as provided in this section. It shall be unlawful for a mobile home park owner to require or attempt to require, as a condition of tenancy in a mobile home park, a homeowner, or prospective homeowner, to waive, in a lease or rental agreement, the rights granted to a homeowner by this chapter.

2. It shall be unlawful for a mobile home park owner to deny or threaten to deny a tenancy in a mobile home park to any person on account of such person’s refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a tenant by this chapter. 399
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3. Nothing in this section shall preclude a mobile homeowner or tenant, or prospective homeowner, from entering into a lease or rental agreement; provided, that such lease or rental agreement is not procured by a requirement that it be entered into as a condition of tenancy in the mobile home park, and is not procured under a threat of denial of tenancy in the mobile home park. (Ord. 1060 § 1 (Att. A), 2023)

2.18.210 Rights of affected parties reserved. Revised 7/23 A. This chapter shall not be construed to limit or curtail any other action or proceeding which may be pursued by an affected homeowner or mobile home park owner before any court or other body having jurisdiction thereof.

B. Defense to Action for Recovery of Possession.

1. A mobile home park owner’s failure to comply with any of the provisions of this chapter or any regulations promulgated hereunder shall serve as a complete affirmative defense in any action brought to recover possession of a mobile home space.

2. A homeowner’s refusal to pay rent in excess of the amount allowed under this chapter shall be a complete affirmative defense in any action brought to: (a) recover possession of a mobile home space for nonpayment of rent; or (b) collect rent in excess of the amount allowed under this chapter. (Ord. 1060 § 1 (Att. A), 2023)

2.18.220 Extension of time limits. Revised 7/23
By written agreement of the parties, or for good cause shown to the arbitrator, the time frames provided for under this chapter may be extended. (Ord. 1060 § 1 (Att. A), 2023)

2.18.230 Regulations. Revised 7/23
The city council may issue rules and regulations as necessary to further the purpose of this chapter. If any portion of this chapter is declared invalid or unenforceable by decision of a court of competent jurisdiction or rendered invalid or unenforceable by law, the city council shall have the authority to enact replacement regulations consistent with the intent and purpose of the invalidated or unenforceable provisions of this chapter to the extent necessary to resolve any inconsistency. The subject matter of such replacement regulations shall be limited to the matters addressed in this chapter. (Ord. 1060 § 1 (Att. A), 2023) 400
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Chapter 2.20

HEALTH OFFICER
Sections:

2.20.010 Designated.

2.20.020 Arrest power.

2.20.010 Designated.

The health officer of the county together with his or her delegated subordinates are designated as the health officer of the city and empowered to carry out all responsibilities of the health officer of the city as set forth in the city code or enumerated by ordinance. (Ord. 400 (part), 1976)

2.20.020 Arrest power.

The health officer and his or her delegated subordinates, pursuant to the provisions of Section 836.5 of the Penal Code of the state of California may arrest a person who has committed a misdemeanor in his or her presence which is a violation of an ordinance, statute, or law, enforcement of which is under the administration of the health officer.

Upon making such an arrest, the health officer or his or her delegated subordinate shall release the person arrested pursuant to Section 853.6 of the Penal Code, the provisions of which are adopted by reference as part of this section. (Ord. 400 (part), 1976)
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Chapter 2.24

CONFLICT OF INTEREST
Sections:

2.24.010 Adoption.

2.24.020 Definitions.

2.24.030 Applicability.

2.24.040 Disclosure requirements.

2.24.050 Circumstances requiring disqualification.

2.24.055 Acceptance of employment prohibited.

2.24.060 Copy filed.

2.24.010 Adoption.

In compliance with Section 87300 of the Government Code, the city council adopts this conflict of interest ordinance. (Ord. 405 § 1, 1976)

2.24.020 Definitions.

Except as otherwise indicated, the definitions contained in the Political Reform Act of 1974 (Government Code Section 81000) and regulations adopted pursuant hereto are incorporated into this conflict of interest code. (Ord. 405 § 5, 1976)

2.24.030 Applicability.

This conflict of interest ordinance shall be applicable to members of the city council, whether acting as council members or as members of any city board or commission. (Ord. 405 § 2, 1976)

2.24.040 Disclosure requirements.

Members of the city council are required, pursuant to Government Code Section 87200, to disclose investments, interest in real property and income. No other or no additional disclosure requirements are imposed by this conflict of interest ordinance. (Ord. 405 § 3, 1976)

2.24.050 Circumstances requiring disqualification.

Any member of the city council must disqualify himself or herself from making or participating in the making of any decisions which will foreseeably have a material financial effect, distinguishable from its effect on the public generally, on any economic interest, as defined in Government Code Section 87103. No member shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. (Ord. 405 § 4, 1976)

2.24.055 Acceptance of employment prohibited.

A member of the city council, planning commission or architectural and site review committee shall not solicit employment relative to a project which has previously come before that member’s council, commission or committee for hearing. (Ord. 847 § 1, 2003)

2.24.060 Copy filed.

The city clerk is directed to forward a certified copy of the ordinance codified in this chapter to the Fair Political Practices Commission. (Ord. 405 § 6, 1976)
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Chapter 2.28 PUBLIC MUSEUM

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Chapter 2.28

PUBLIC MUSEUM
Sections:

2.28.010 Museum.

2.28.015 Board.

2.28.020 Museum board of trustees.

2.28.030 Board – Duties.

2.28.040 Board – Meetings.

2.28.050 Board – Officers.

2.28.060 Entry fee.
* Prior ordinance history: Ord. 301.

2.28.010 Museum.

The city’s public museum of natural and historical objects shall be administered as set forth in this chapter. (Ord. 735 (part), 1992)

2.28.015 Board.

The museum board of the city shall hereafter be established as set forth in this chapter. (Ord. 735 (part), 1992)

2.28.020 Museum board of trustees.

A. The museum board of trustees shall consist of seven members.

B. Members of the museum board of trustees shall be appointed by the mayor, subject to the approval of three city council members including the mayor.

C. Term of Office. Members of the museum board of trustees shall serve three-year terms. The terms of the museum board of trustees shall be staggered with three members serving a coextensive term and the other four members serving another coextensive term. Terms shall expire on the second Thursday of June in the year of term expiration.

D. Members of the museum board of trustees shall serve at the pleasure of the city council, and therefore may be removed from office, without cause, and at any time, by the affirmative vote of three city council members. Where a vacancy arises in the board membership prior to a term expiration, the mayor may appoint a person to fill that vacancy for the remainder of the unexpired term in accordance with this section.

E. The city council may, by resolution, establish a recruitment process for individuals who may wish to apply for appointment to the museum board of trustees. (Ord. 836 § 2, 2002)

2.28.030 Board – Duties.

The duties of the board are:

A. To advise the city council and the city manager on the following and related items: financial affairs of the museum; general museum administration; formulation of long term museum plans; formulation of written policies for acquisition by the city of museum objects; and steps that can be taken to bring about a better understanding and appreciation by the Capitola community of its history, architecture, culture, technology, and its creative and natural environment through the promotion of the city’s museum and allied projects; B. To establish the ethical standards of the Capitola Historical Museum for collecting; C. To monitor museum finances;
D. To serve as trustees of any trust formed to receive and disburse funds collected solely for museum purposes; E. To prepare reports, if any, which are appropriate under Government Code Section 37557; 403
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F. To accept donations of museum objects and receive museum objects on loan; G. To recruit and supervise volunteers. (Ord. 735 (part), 1992)

2.28.040 Board – Meetings.

The board of trustees shall meet in accord with the Brown Act and the board’s bylaws. (Ord. 735 (part), 1992)

2.28.050 Board – Officers.

The board shall elect a president, vice-president, secretary and treasurer. Officers shall serve one year and until successors are elected. In the absence of the president, the vice-president shall act as president pro tem. (Ord. 735 (part), 1992)

2.28.060 Entry fee.

Subject to the rules and regulations of the board, the museum shall be free to the inhabitants and nonresident taxpayers of the city. (Ord. 735 (part), 1992)
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Chapter 2.32 PEACE OFFICER TRAINING

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Chapter 2.32

PEACE OFFICER TRAINING
Sections:

2.32.010 Qualification.

2.32.020 Standards adherence.

2.32.010 Qualification.

The city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of Title 4, Part 4 of the Penal Code. (Ord. 291 § 1, 1967)

2.32.020 Standards adherence.

Pursuant to Section 13522 of Chapter 1 of the Penal Code, the city while receiving aid from the state pursuant to said Chapter 1 will adhere to the standards for recruitment and training established by the California Commission on Peace Officers Standards and Training. (Ord. 291 § 2, 1967) 405
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Chapter 2.40 UNCLAIMED PROPERTY

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Chapter 2.40

UNCLAIMED PROPERTY
Sections:

2.40.010 Return to owner.

2.40.020 Sale at auction.

2.40.030 Destruction when no bids received.

2.40.010 Return to owner.

All personal property coming into the possession of the police department, by under and through the exercise of the proper duties and functions of the police department shall be returned to and delivered to the rightful owners thereof upon presentation of proof of identity and right of possession and ownership. (Ord. 92 § 1, 1955)

2.40.020 Sale at auction.

All unclaimed personal property coming into the possession of the police department shall from and after the effective date of the ordinance codified in this chapter be dealt with in the following manner:

A. Such unclaimed property shall be held in the possession of the police department for a period of not less than six months;
B. On or after the expiration of six months such property shall be sold at public auction to the highest bidder; and C. Notice of such sale shall be given by the chief of police of the police department at least five days before the time fixed for such sale by publication once in a newspaper of general circulation published in the county. Such notice shall specify the date, hour and place at which such sale shall be conducted. At such sale the chief of police shall deliver possession of such property to the highest bidder therefor and shall receive the sum so paid and issue his or her receipt therefor. All moneys so received shall be paid to the treasurer of the city.

D. Nothwithstanding the foregoing, property with a value, estimated by the chief of police, to be not in excess of five hundred dollars may be sold at other than auction in the following circumstances:

1. If the property is of a variety which either cannot be legally sold to the general public, or there are public policy reasons for not doing so, or

2. The expenses of conducting the auction would exceed the probable return.

In such cases property may be sold or exchanged to prospective purchasers who, in the determination of the chief of police, are likely to pay as much for the property as could be expected through reasonable alternative procedures.

Such property may not, however, be sold to any city employee or spouse, child, or parent of a city employee. (Ord. 633 § l, 1987; Ord. 92 § 2, 1955)

2.40.030 Destruction when no bids received.

In the event that property is not disposed of pursuant to the proceeding section, then the chief of police is authorized and directed to destroy such property. (Ord. 633 § 2, 1987; Ord. 92 § 3, 1955) 406
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Chapter 2.44 PERSONNEL SYSTEM

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Chapter 2.44

PERSONNEL SYSTEM
Sections:

2.44.010 Adopted.

2.44.020 Definitions.

2.44.030 Personnel officer.

2.44.040 Repealed.

2.44.050 Repealed.

2.44.060 Exempted employees.

2.44.062 Exempted officials.

2.44.070 Rules adoption and amendment.

2.44.080 Appointments.

2.44.090 Probationary period.

2.44.100 Continuation of employment.

2.44.110 Repealed.

2.44.120 Disciplinary action.

2.44.130 Appeal.

2.44.140 Layoff and reemployment.

2.44.150 Political activity.

2.44.160 Discrimination prohibited.

2.44.170 Right to contract for special service.

2.44.180 Effective date.

2.44.190 No conflict with federal or state law.

2.44.200 Preemption.

2.44.010 Adopted.

In order to establish an equitable and uniform procedure for dealing with personnel matters, to attract to municipal service the best and most competent persons available, to assure that appointments and promotions of employees will be based on merit and fitness, and to provide a reasonable degree of security for qualified employees, the personnel system set forth in this chapter is adopted. (Ord. 988 § 1 (part), 2014: Ord. 381 § 1, 1974)

2.44.020 Definitions.

As used in this chapter, the following terms shall be defined as indicated:

A. “Appointing authority” means the city manager, who is the appointing authority of employees in the competitive service; provided, however, the city manager may delegate in writing the appointing authority to any department head.

B. “Class” means all positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.

C. “Competitive service” means all positions of employment in the service of the city except those specifically excluded by this chapter.

D. “Days” means calendar days unless otherwise stated.

E. “Demotion” means the movement of an employee from one class to another class having a lower maximum rate of pay.

F. “Employment list” means a list of names of persons who may be considered for employment with the city under specified conditions.

G. “Examination” means selection techniques used to measure the relative capacities of the persons applying for positions within the competitive service.
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H. “Layoff” means the separation of employees from the active workforce due to lack of work or funds, or to the abolition of positions by the city council for the above reasons, or due to organizational changes.

I. “Position” means a group of duties and responsibilities in the competitive service requiring the full-time or parttime employment of one person.

J. “Probationary period” means a working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she is appointed by actual performance of the duties of the position.

K. “Promotion” means the movement of an employee from one class to another class having a higher maximum rate of pay.

L. “Provisional appointment” means an appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles.

M. “Reinstatement” means the reemployment without examination of a former regular employee or probationary employee.

N. “Suspension” means the temporary separation from the service of an employee without pay, for disciplinary purposes.

O. “Transfer” means a change of an employee from one position to another position in the same class or in a comparable class.

P. “Regular” means a position in the competitive service that is, regardless of the number of hours worked per week, intended to be continuous and uninterrupted (except for authorized or unpaid leave) and receives benefits. Positions intended to be seasonal, of a limited term, on call only, emergency, intermittent, substitute or on any other irregular basis are not “regular.” (Ord. 988 § 1 (part), 2014: Ord. 829 § 1, 2001; Ord. 381 § 2, 1974)

2.44.030 Personnel officer.

The city manager shall be the personnel officer. The city manager may delegate any of the powers and duties conferred upon him or her as personnel officer under this chapter to any other officer or employee of the city or may recommend that such powers and duties be performed under contract as provided in Section 2.44.170. The personnel officer shall:

A. Act as the appointing authority for the city;
B. Administer all the provisions of this chapter and of the personnel rules not specifically reserved to the city council;
C. Prepare and recommend to the city council personnel rules and revisions and amendments to such rules; D. Prepare or cause to be prepared a position classification plan, including class specifications, and revisions of the plan. The plan, and any revisions thereof, shall become effective upon approval by the city council; E. Have the authority to discipline employees in accordance with this chapter and the personnel rules of the city; F. Provide for the publishing or posting of notices of tests for positions in the competitive service, the receiving of applications therefor, the conducting and grading of tests, and the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service. (Ord. 988 § 1 (part), 2014: Ord. 381 § 3, 1974)

2.44.040 Personnel board – Designated.

Repealed by Ord. 988. (Ord. 381 § 4, 1974)

2.44.050 Personnel board – Duties.

Repealed by Ord. 988. (Ord. 381 § 5, 1974)
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2.44.060 Exempted employees.

The provisions of this chapter apply to all employees in the service of the city, except:

A. The city manager and any assistant city manager;
B. Any department head, including the chief of police, whose first date of employment is July 1, 2001, or after; C. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as fire, flood, or earthquake;
D. Employees who are not “regular” (as defined in Section 2.44.020(P)) employees. (Ord. 988 § 1 (part), 2014: Ord. 829 § 2, 2001; Ord. 381 § 6, 1974)

2.44.062 Exempted officials.

The provisions of this chapter do not apply to any of the following:

A. Elective officers;
B. Members of appointive boards, commissions, and committees; C. Persons engaged under contract to supply expert, professional, technical or any other services; D. Volunteer personnel;
E. City attorney, whether or not he or she is an employee. (Ord. 988 § 1 (part), 2014: Ord 829 § 3, 2001)

2.44.070 Rules adoption and amendment.

Personnel rules shall be adopted by resolution of the city council after notice of such action has been publicly posted in at least three public places designated by the city council, and at least five days prior to city council consideration.

The personnel officer shall give reasonable written notice to each recognized employee organization affected by the ordinance, rule, resolution or regulation or amendment thereof proposed to be adopted by the city council.

Amendments and revisions may be suggested by any interested party and shall be processed as provided in the personnel rules. The rules shall establish regulations governing the personnel system including:

A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and qualifications for each class; B. Public announcement of all tests and acceptance of applications for employment; C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment;
D. Certification and appointment of persons from employment lists and the making of provisional appointments; E. Establishment of probationary periods;
F. Evaluation of employees during the probationary period; G. Transfer, promotion, demotion, reinstatement, disciplinary action and layoff of employees in the competitive service;
H. Separation of employees from the city service;
I. The establishment of adequate personnel records;
J. The establishment of appeal procedures concerning the interpretation of application of this chapter and any rules adopted under this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 7, 1974) 409
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2.44.080 Appointments.

Appointments to vacant positions in the competitive service shall be made in accordance with the personnel rules.

Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examination. Examinations may be used and conducted to aid in the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical and medical tests may be given as a part of any examination.

In any examination the personnel officer may include, in addition to competitive tests, a qualifying test or tests and set minimum standards therefor. (Ord. 988 § 1 (part), 2014: Ord. 381 § 8, 1974)

2.44.090 Probationary period.

All regular appointments, including promotional appointments, shall be for a probationary period of not less than six months. Appointments to public safety positions will ordinarily be twelve months. That period may be reduced (but not below six months) if the chief of police so recommends and the city manager approves. Such a recommendation should only be made after the chief has had ample opportunity to evaluate the officer. During the probationary period, the employee may be rejected at any time without the right of appeal or hearing. An employee rejected during the probationary period from a position to which he or she has been promoted shall be reinstated to a position in the class from which he or she was promoted unless he or she is discharged from the city service as provided in this chapter and the rules.

An employee in the competitive service promoted or transferred to a position not included in the competitive service shall be reinstated to a position in the class from which he or she was promoted or transferred if action is taken to reject him or her unless he or she is discharged in the manner provided in this chapter and the personnel rules for positions in the competitive service. (Ord. 988 § 1 (part), 2014: Ord. 831, 2001; Ord. 381 § 9, 1974)

2.44.100 Continuation of employment.

Any person holding a position included in the competitive service who, on the effective date of the ordinance codified in this chapter, has served continuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his or her class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this chapter and the personnel rules. Any other person holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. (Ord. 988 § 1 (part), 2014: Ord. 381 § 10, 1974)

2.44.110 Attendance and leaves for full-time exempt positions.

Repealed by Ord. 988. (Ord. 381 § 11, 1974)

2.44.120 Disciplinary action.

The appointing authority shall have the right, for due cause, to demote, dismiss, reprimand, reduce in pay, or suspend without pay any regular non-sworn employee in accordance with procedures included in the personnel rules.

Notwithstanding any provision in this rule to the contrary, public safety personnel in the police department are subject to provisions of the Public Safety Officers Procedural Bill of Rights (POBR), as set forth in Government Code Section 3300 et seq., and wherever any provisions of these rules and regulations conflict with provisions of the POBR, the provisions of the POBR shall prevail.

The provisions of this section shall not apply to reductions in pay which are a part of a general plan to reduce salaries and wages or to eliminate positions. (Ord. 988 § 1 (part), 2014: Ord. 381 § 12, 1974)

2.44.130 Appeal.

Any employee in the competitive service shall have the right to appeal any disciplinary action, or alleged violation of this chapter, except in those instances where the right of appeal is specifically prohibited by this chapter or the rules adopted under this chapter or the personnel rules. 410
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All appeals shall be concluded as expeditiously as possible and in accordance with the requirements and procedures as set forth in the personnel rules and regulations adopted pursuant to this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 13, 1974)

2.44.140 Layoff and reemployment.

Whenever in the judgment of the city council or the appointing authority it becomes necessary in the interest of economy, or because the necessity for a position no longer exists, the city council or the appointing authority may abolish any position or employment in the competitive service; and the employee holding such position for employment may be laid off without taking disciplinary action.

The order of layoff of employees shall follow the process outlined in the personnel rules adopted pursuant to this chapter. (Ord. 988 § 1 (part), 2014: Ord. 381 § 14, 1974)

2.44.150 Political activity.

The political activities of city employees shall conform to pertinent provisions of state and federal law. (Ord. 988 § 1 (part), 2014: Ord. 381 § 15, 1974)

2.44.160 Discrimination prohibited.

No person in the competitive service, or seeking admission thereto, shall be employed, promoted, demoted or discharged, or in any way favored or discriminated against, because of political opinions or affiliations, race, color, ancestry, national origin, religious creed, sex, age, sexual orientation, or gender identity or because of the exercise of his or her rights under Section 3502 of the Government Code. (Ord. 988 § 1 (part), 2014: Ord. 381 § 16, 1974)

2.44.170 Right to contract for special service.

The city manager shall consider and make recommendations to the city council regarding the extent to which the city should contract for the performance of technical services in connection with the establishment or operation of the personnel system. The city council may contract with any qualified person or public or private agency for the performance of all or any of the following responsibilities and duties imposed by this chapter:

A. The preparation of personnel rules and subsequent revisions and amendments thereof; B. The preparation of a position classification plan, and subsequent revisions and amendments thereof; C. The preparation, conduct and grading of competitive tests; D. The conduct of employee training programs;
E. Special and technical services of advisory or informational character on matters relating to personnel administration. (Ord. 988 § 1 (part), 2014: Ord. 381 § 17, 1974)

2.44.180 Effective date.

The ordinance codified in this chapter shall become effective immediately after the date of final passage by the city of Capitola city council. (Ord. 988 § 1 (part), 2014)

2.44.190 No conflict with federal or state law.

Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. (Ord. 988 § 1 (part), 2014)

2.44.200 Preemption.

The provisions of this chapter shall be null and void if state or federal legislation, or administrative regulation, takes effect with the same or substantially similar provisions as contained in this chapter. The city council shall determine whether or not identical or substantially similar statewide legislation has been enacted or regulations issued. (Ord. 988 § 1 (part), 2014)
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Chapter 2.48 RETIREMENT SYSTEM

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Chapter 2.48

RETIREMENT SYSTEM
Sections:

2.48.010 P.E.R.S. participation.

The city shall continue to participate in the Public Employees’ Retirement System on such terms and conditions as are embodied in the city’s contract with P.E.R.S. together with any applicable provisions and individual contracts of employment or memorandums of understanding. (Ord. 828 § 1, 2001; Ord. 334 § 1, 1970) 412
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Chapter 2.52 APPEALS TO CITY COUNCIL

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Chapter 2.52

APPEALS TO CITY COUNCIL
Sections:

2.52.010 Applicability of chapter.

2.52.020 Time and form of appeal.

2.52.030 Setting of the hearing date.

2.52.040 Standing to appeal.

2.52.050 Conduct of the hearing.

2.52.060 Findings.

2.52.010 Applicability of chapter.

Except when a different procedure is otherwise expressly provided by this code, all appeals to the city council from a decision of any city employee, board, or commission shall be conducted as set out in this chapter. (Ord. 519 (part), 1982)

2.52.020 Time and form of appeal.

All appeals shall be made in writing and delivered to the office of the city clerk with payment of the fee established by resolution. Such appeals shall be made within ten working days from the time of the decision that is the subject of the appeal, except that when neither the applicant nor the applicant’s representative has been present at the meeting in which the decision was rendered, the appeal time shall be fourteen working days from the date the staff mails to the applicant a notice of the decision. The request for appeal shall set forth the appellant’s name, the phone number for the appellant, an address to which notices may be sent to the appellant and the grounds upon which the appeal is made. (Ord. 1038 § 1 (part), 2020: Ord. 845 § 1, 2003; Ord. 519 (part), 1982)

2.52.030 Setting of the hearing date.

The city staff can either set the hearing for the next city council meeting or shall, at the next city council meeting, request the city council to set the time and place of hearing. (Ord. 519 (part), 1982)

2.52.040 Standing to appeal.

The council may refuse to hear an appeal by a person whom the council determines does not have a significant interest in the matter. In land use matters, any citizen of Capitola or any property owner likely to be affected by the decision, shall be deemed to have a significant interest. (Ord. 519 (part), 1982)

2.52.050 Conduct of the hearing.

The hearing shall be de novo. The appellant’s presentation shall be limited to issues raised in the request for appeal and to reasonable rebuttal. The ordinary order of presentation is as follows: staff report; appellant; real property in interest, if any; public comment; appellant’s rebuttal; rebuttal by real party in interest, if any; council consideration.

The presiding officer may set forth any reasonable time limits for any presentation, and may change these procedures, in his or her discretion. (Ord. 1038 § 1 (part), 2020: Ord. 519 (part), 1982)

2.52.060 Findings.

Findings may either be made by the city council at the time of the hearing or the council may direct the city staff to bring back findings for later council determination. The council may render a final decision, notwithstanding that the findings may be rendered at a later time. (Ord. 519 (part), 1982) 413
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Chapter 2.56

ART AND CULTURAL COMMISSION
Sections:

2.56.010 Created.

2.56.020 Appointment.

2.56.030 Terms of office.

2.56.040 Officers, meetings, and procedures.

2.56.050 Duties.

2.56.060 Definitions.

2.56.010 Created.

The city shall continue to have an art and cultural commission. The art and cultural commission shall consist of nine members as follows:

A. One city council member;
B. One planning commissioner;
C. One artist or arts organization representative member; D. One arts professional member;
E. Five at-large members. (Ord. 944 § 1, 2010; Ord. 851 § 1, 2003)

2.56.020 Appointment.

The council member and planning commissioner appointees shall be selected by a majority vote of their respective boards. The artist or arts organization representative, arts professional, and the at-large appointees shall be appointed to the art and cultural commission by a majority vote of the city council. (Ord. 851 § 1, 2003)

2.56.030 Terms of office.

The art and cultural commissioners shall serve two-year terms. With the addition of two at-large member positions in 2010, one will expire on December 31, 2010, and one will expire on December 31, 2011, in order that there are two at-large member positions expiring in 2010, and three at-large member positions expiring in 2011. (Ord. 944 § 1, 2010; Ord. 851 § 1, 2003)

2.56.040 Officers, meetings, and procedures.

A. Chairperson and Vice Chairperson. As soon as practicable, following the first day of January of each year, the art and cultural commission shall select one of its members as chairperson and one of its members as vice-chairperson.

The chairperson and vice chairperson shall serve a term of one year, or until a successor is elected.

B. Committees. The art and cultural commission shall designate specific committees as follows: public art, volunteers, fundraising, marketing, and any other committee as necessary. Committees shall be composed of no fewer than two and no more than three commissioners. The committees may also include nonvoting volunteer members as deemed necessary by the art and cultural commission. The committees shall report to the art and cultural commission on no less than a quarterly basis.

C. Artist Selection Panels. The art and cultural commission may establish an artist selection panel, as defined in the art and cultural master plan, to select works of art for recommendation to the city council.

D. Meetings. The art and cultural commission shall hold a regular meeting at least once each month.

E. Procedures. Procedures for the conduct of the business of the art and cultural commission, not specified in the ordinance establishing the art and cultural commission’s authority, shall be set forth in bylaws, forms, applications, rules, and regulations adopted by the art and cultural commission for the conduct of its business subject to approval 414
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of the city council. All meetings of the art and cultural commission shall be open to the public and are subject to Title 5, Division 2, Part 1, Chapter 9 of the California Government Code or successor legislation. The decisions of the art and cultural commission shall be transmitted to the city manager and to such other body or bodies which have jurisdiction to review projects under consideration. If more than one board or commission has jurisdiction over a matter decided by the art and cultural commission, the first to consider it shall refer it to the others. (Ord. 851 § 1, 2003)

2.56.050 Duties.

The art and cultural commission shall have the following duties and responsibilities:

A. Advise the city council as to the allocation of public funds for the support and encouragement of existing and new programs in the arts, and for the acquisition by purchase, gift, or otherwise, of works of art; B. Subject to city council approval, initiate, sponsor, or direct special programs which will enhance the cultural climate of the city;
C. Establish close liaison with other commissions and civic organizations in order to foster public interest in the arts; D. Advise the city council concerning the interpretation and implementation of the city’s established policies and practices, including the art and cultural master plan, as they relate to the art and cultural commission’s objectives; E. In February of each year, prepare for city council review an assessment of the art and cultural commission’s goals, plans and objectives from the prior fiscal year and recommend for council approval the art and cultural commission’s goals, plans, and objectives for the next fiscal year; F. Perform such other functions and duties as may be directed by the city council. (Ord. 851 § 1, 2003)

2.56.060 Definitions.
“Work of art” means, for the purposes of this chapter, any work of visual art, including, but not limited to, drawing, painting, mural, fresco, sculpture, mosaic, decoration, inscription, stained glass, monument, calligraphy, photography, graphic art, crafts, mixed media, electronic art, media art, an artistic or aesthetic element of the project architecture or landscape architecture if created by an artist or artist team, or any other element recommended by the art and cultural commission. The term “work of art” may also include functional elements of capital improvement projects, such as benches, gates, lighting, and landscaping if such elements are designed by a professional artist. (Ord. 851 § 1, 2003)
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Chapter 2.58

FUNDING THE PUBLIC ART PROGRAM
Sections:

2.58.010 Purpose.

2.58.020 Definitions.

2.58.030 Public art account.

2.58.040 Applicability.

2.58.050 Funds for public art.

2.58.060 Funding exclusions from, and additions to, the public art program.

2.58.070 Application procedures for placement of required public art on private nonresidential property.

2.58.080 Approval for placement of public art on private nonresidential property.

2.58.090 Application procedure for acceptance of public art donated to the city.

2.58.100 Review of application for acceptance of public art donated to the city.

2.58.110 Certificate of occupancy.

2.58.120 Ownership of public art on private nonresidential property.

2.58.130 Removal or alteration of public art.

2.58.140 Program administration.

2.58.010 Purpose.

The city of Capitola wishes to enhance the cultural and aesthetic environment of the city, to encourage creativity, the appreciation of the arts and our cultural heritage. Through the establishment of a program of public art funded by private development, the city will promote the general welfare through balancing the community’s physical growth and revitalization with its cultural and artistic resources. (Ord. 869 § 1, 2004)

2.58.020 Definitions.

A. “Acquisition” means the acquirement of works of art by donation, purchase or commission.

B. “Public place” means city or privately owned land or buildings which are open to the general public on a regular basis.

C. “Eligible public construction project” means any capital improvement project of the city involving a public place as identified in the annual capital improvement budget of the city and which is paid for wholly or in part by city funds, nonresidential development project which exceeds a total building permit valuation of two hundred fifty thousand dollars as calculated by the city of Capitola building permit application.

EXCEPTION: “Eligible construction project” shall not include capital improvement projects for which the sources of funds are limited to a specified purpose, or for which the terms of a contract, federal or state grant, law, or regulation prohibit or restrict the expenditure of funds on works of art. However, it shall be the policy of the city that all city departments shall, from the effective date of this ordinance, include a request for public art funding in all grant applications or other funding support requests for capital improvement projects to any outside funding agencies.

D. “Eligible private construction project” means and includes any private nonresidential redevelopment project with a total building permit valuation of two hundred fifty thousand dollars or more as calculated by the city of Capitola building permit application.

EXCEPTION: “Eligible private construction project” shall not include projects which consist only of heating, ventilation, air-conditioning, reroofing, cosmetic work that does not affect items regulated by the model building codes, and equipment not considered to be part of the architecture of the building or area.

E. Professional Artist or Artwork. It is the policy of the art and cultural commission that all artworks commissioned or acquired under the public art plan be designed by professional visual artists. A “professional artist” is a person who has established a reputation of artistic excellence, as judged by peers, through a record of exhibitions, public commissions, sale of works, or educational attainment.
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F. Artwork may include, but is not limited to, the following:

1. Sculpture: free-standing, wall supported or suspended; kinetic, electronic; in any material or combination of materials.

2. Murals or portable paintings: in any material or variety of materials, with or without collage or addition of nontraditional materials or means.

3. Earthworks, fiber works, neon glass mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film holographic images, and video systems; hybrids of any media and new genres.

4. Furnishings or fixtures, including but not limited to gates, railings, streetlights, signs, seating, if artist-created as unique elements or limited editions.

5. Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional visual artist.

6. Temporary artworks or installations, as such artworks serve the purpose of providing community and educational outreach.

7. The incremental costs of infrastructure elements, such as sound walls, utility structures, roadway elements and other items if designed by an artist or design team that included an artist as a co-designer.

Ineligible artworks:

1. Art objects which are mass produced or of standard manufacture, such as playground equipment, fountains or statuary elements, unless incorporated into an artwork by a project artist.

2. Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, printmaking or other media arts.

3. Decorative, ornamental, architectural or functional elements which are designed by the building architect, as opposed to the elements created by an artist commissioned for that purpose.

4. Landscape architecture and landscape gardening except where these elements are designed by a professional visual artist and/or are an integral part of the artwork.

5. Services or utilities necessary to operate and maintain an artwork over time.

G. “Total construction cost,” as used in this chapter, means the valuation of the proposed structures or improvements, as calculated by the city of Capitola building permit application.

H. “Nonresidential development” means the construction of commercial, residential/ commercial, office, industrial projects or other projects which are not intended for residential purposes.

I. “Artist selection panel” means an ad-hoc committee formed and charged by the art and cultural commission for a limited period of time to recommend artists for individual projects or groups of projects. (Ord. 892 § 1, 2005; Ord. 869 § 1, 2004)

2.58.030 Public art account.

There shall be a noninterest-bearing account designated for public art, into which shall be deposited all fees paid pursuant to this chapter. This account shall be maintained by the city finance director and shall only be used for the acquisition, installation, and improvement (see Program Administration Section 2.58.140) of public art in the city. (Ord. 869 § 1, 2004)
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2.58.040 Applicability.

The program described in this chapter is a mandatory program, and the standards specified are minimum standards for compliance.

A. This chapter shall apply to all eligible public and private construction projects as defined by this ordinance having a total construction cost of two hundred and fifty thousand dollars or more, as calculated by the city of Capitola building permit application. The obligation to comply with this chapter shall not be evaded by performing a series of small construction projects if the project could have been performed as a single construction project with in a three-year period.

B. This chapter shall apply to all expansion of, remodeling of, or tenant improvements to existing eligible buildings when any such work has a total construction cost of two hundred fifty thousand dollars or more, as calculated by the city of Capitola building permit application. (Ord. 892 § 2, 2005; Ord. 869 § 1, 2004)

2.58.050 Funds for public art.

A. Private Project Applicant. The project applicant shall acquire and install public art recommended by an art selection panel, with review by the art and cultural commission and approval of the city council, in a public place on or in the vicinity of the development project site. The minimum cost of the public art, including installation, shall be determined by the following:

1. After the effective date of this chapter, if a private developer makes application for a permit to develop a nonresidential project with a total building permit valuation of at least two hundred fifty thousand dollars, excluding land acquisition, not less than two percent of the project budget shall be set aside for the acquisition of art for incorporation into the project or for placement in the general vicinity of the project.

2. The private developer may, with city council approval, in lieu of incorporating public art in their project, deposit an amount equal to one percent of the total building permit valuation with the city, to be used for public art elsewhere in the city. Deposits of funds for public art from the private developer or for the in-lieu payment shall be made to the city prior to the issuance of a building permit for the project.

B. City Projects.

1. The city council shall provide in the annual capital improvement budget for an amount of not less than two percent of the total amount budgeted for each “eligible construction project” to be set aside and identified as sources of funds to be appropriated and expended for acquisition of works of art in accordance with this section. Appropriations for purposes of acquiring works of art in order to carry out the provisions of this chapter shall be made in accordance with law and the budgeting procedures of the city.

2. Appropriations for works of art may be expended to acquire works of art for any public place if the terms of a contract, federal or state grant, law or regulation do not limit or restrict the funds so appropriated to use for a specific “eligible public or private construction project.” Appropriations for works of art shall only be expended for acquisition of works of art to be located on the premises of a specific “eligible public or private construction project” if the terms of a contract, federal or state grant, law, or regulation do limit or restrict the use of funds to a specific “eligible construction project” only.

3. Subject to applicable law, appropriations and expenditures for works of art may include, but are not limited to, the costs and expenses incurred in the process of selecting and installing works of public art and for design and planning services of artists, as well as program administration and project management.

4. The city council shall approve the acquisition of works of art to be funded under the capital improvement budget.

5. All artwork donated to the city shall become the property and responsibility of the city upon acceptance of the city council.

6. Other Public Agencies. If the city enters into an agreement with another public agency, whereby city or agency funds are transferred to such agency for the purpose of performing a capital improvement project which 418
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Capitola City CouncilNovember 9, 2023

Capitola City Council
November 9, 2023