The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Table 17.32-1: Permitted Land Uses in the CF and P/OS Zoning Districts Key Zoning District
Additional Regulations
P Permitted Use
CF P/OS
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Public and Quasi-Public Uses
Colleges and Trade Schools C –
Community Assembly P [1] –
Cultural Institutions P [1] –
Day Care Centers P [1] –
Government Offices P –
Parks and Recreational Facilities P [1] P [1]
Public Paths and Coastal Accessways P P
Public Safety Facilities P –
Schools, Public or Private P –
Transportation, Communication, and Utilities Uses
Recycling Collection Facilities C – Section 17.96.130
Utilities, Major C C
Utilities, Minor P P
Wireless Telecommunications Facilities See Chapter 17.104 Other Uses
Accessory Uses and Structures See Chapter 17.52
Temporary Uses and Structures See Section 17.96.180
Urban Agriculture
Community Gardens M [1] M [1]
Urban Farms C [1] C [1]
Note:
[1] Publicly owned and/or operated facilities only.
(Ord. 1043 § 2 (Att. 2), 2020)
17.32.030 Development standards.
A. Floor Area Ratio. The maximum permitted floor area ratio (FAR) is 0.25 in the P/OS zoning district and as determined by the planning commission through the design review process in the CF zoning district. 218
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Capitola Municipal Code
Chapter 17.32 SPECIAL PURPOSE ZONING
DISTRICTS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
B. Other Development Standards. Other development standards (e.g., setbacks, height, building coverage) in the CF and P/OS zoning districts shall be determined by the planning commission through the design review and coastal development permit (if in the coastal zone) process. (Ord. 1043 § 2 (Att. 2), 2020) 219
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Capitola Municipal Code
Chapter 17.36 PLANNED DEVELOPMENT ZONING
DISTRICT
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.36
PLANNED DEVELOPMENT ZONING DISTRICT
Sections:
17.36.010 Purpose of the planned development zoning district.
17.36.020 Where allowed.
17.36.030 Permitted land uses.
17.36.040 Development standards.
17.36.050 Required approvals.
17.36.060 Conceptual review.
17.36.070 Planned development rezoning.
17.36.080 Development plans.
17.36.010 Purpose of the planned development zoning district.
The purpose of the planned development (PD) zoning district is to allow for high-quality development that deviates from standards and regulations applicable to the other zoning districts in Capitola. The PD zoning district is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts.
The PD zoning district provides land owners with enhanced flexibility to take advantage of unique site characteristics and develop projects that will provide public benefits for residents, employees, and visitors.
Development within each PD zoning district is regulated by a development plan approved by the city council. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.020 Where allowed.
The PD zoning district may be applied to any property in Capitola with an area of twenty thousand square feet or more except for those designated as single-family residential on the zoning map and general plan land use map.
Planned developments are prohibited in the single-family residential zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.030 Permitted land uses.
Permitted land uses in each PD zoning district shall conform to the applicable general plan land use designation and to the development plan that applies to the property. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.040 Development standards.
A. Established in Development Plan. Development standards (e.g., height, setbacks, building coverage) for each PD zoning district shall be established in the applicable development plan.
B. Maximum Intensity. The maximum permitted floor area ratio and residential density shall not exceed maximums established in the general plan for the applicable land use designation.
C. Public Improvements. Public infrastructure and improvements in the PD zoning district shall conform to the city’s standard specifications as maintained by the public works director. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.050 Required approvals.
A. Development Plan and Zoning Map Amendment. Establishment of a PD zoning district requires approval of a development plan, zoning map amendment, and LCP amendment to the implementation plan zoning map if the proposed PD zoning district is in the coastal zone.
B. Design Review. A proposed development must receive a design permit as required by Chapter 17.120 (Design Permits). All development and land uses within a PD zoning district shall be consistent with the approved development plan.
C. Coastal Development Permit. A proposed development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020) 220
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Chapter 17.36 PLANNED DEVELOPMENT ZONING
DISTRICT
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.36.060 Conceptual review.
Prior to submittal of an application for a PD rezoning and development plan, an applicant must complete the conceptual review process as described in Chapter 17.114. The planning commission and city council shall each hold at least one noticed public hearing on the project as part of the conceptual review process. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.070 Planned development rezoning.
A. General Procedures and Requirements. Establishing a PD zoning district requires city council approval of a zoning map amendment consistent with Chapter 17.144 (Zoning Code and Local Coastal Program Amendments) and an LCP amendment to the implementation plan zoning map if any part of the proposed PD zoning district is in the coastal zone. All procedures and requirements for zoning map amendments in Chapter 17.144 apply to the establishment of a PD zoning district.
B. Timing. The city council shall act on the zoning map amendment concurrently with the development plan. A PD zoning district may be established only with concurrent approval of a development plan.
C. Reference to Development Plan. The ordinance adopted by the city council establishing a PD zoning district shall reference the development plan approved concurrently with the zoning map amendment. (Ord. 1043 § 2 (Att. 2), 2020)
17.36.080 Development plans.
A. Review Authority. The city council takes action on development plan applications following recommendation from the planning commission.
B. Timing. A development plan application shall be submitted within one year of conceptual review for the proposed project. If an application is not submitted within one year of conceptual review, the applicant shall complete a second conceptual review process prior to submitting the development plan application.
C. Application Submittal and Review.
1. Development plan applications shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department and the information required by subsection D of this section (Application Materials).
2. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.
D. Application Materials. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G of this section (Findings). Applications for approval of a development plan shall include the following information and materials:
1. Project Description. A written description of the project proposed within the PD zoning district. The project description shall include a narrative statement of the project objectives and a statement of how the proposed project will comply with general plan goals and policies for the applicable land use designation. An overview of the proposed land use, densities, open space, and parking should be included in the project description.
2. Community Benefits. A description of how the proposed development is superior to development that could occur under the standards in the existing zoning districts, and how it will achieve substantial public benefits as defined in subsection H of this section.
3. Site Plan. A site plan depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The site plan shall show the proposed PD zoning district boundaries and all properties within five hundred feet of the site boundary. The site plan shall be to scale and based on a stamped survey prepared by a registered civil engineer or licensed land surveyor. 221
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Chapter 17.36 PLANNED DEVELOPMENT ZONING
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
4. Concept Plan. An overall diagram of the project concept. This diagram shall illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the proposed project. Phases shall be clearly indicated if multiple phases are proposed.
5. Land Use. A map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed by right or with a conditional use permit.
6. Subdivision Map. If the project involves the subdivision of land, a tentative parcel map or tentative map required by Title 16 (Subdivisions).
7. Circulation. A map and descriptions of the major circulation features within the site including vehicular, bicycle, pedestrian facilities; traffic flow of internal traffic; and existing and proposed public streets and sidewalk improvements.
8. Public Facilities and Open Space. The amount (in square feet or acres) and percentage of site area that will be dedicated for all types of open space, including proposed recreational facilities and amenities; and any public facilities, including public utility easements, public buildings and public land uses.
9. Development Standards. All development standards that apply within the project, including:
a. Land use;
b. Circulation of traffic;
c. Landscaping;
d. Architecture;
e. Density and/or intensity;
f. Minimum building site;
g. Minimum lot dimensions;
h. Maximum building coverage;
i. Minimum setbacks;
j. Maximum building or structure heights;
k. Maximum height of fences and walls;
l. Signs;
m. Off-street parking; and
n. Other items as deemed appropriate by the planning commission and city council.
E. Planning Commission Review and Recommendation.
1. The planning commission shall hold a public hearing on the development plan application as required by Chapter 17.148 (Public Notice and Hearings).
2. The planning commission shall recommend to the city council the approval, approval with modification, or denial of the development plan application. The recommendation shall be based on the findings in subsection G of this section (Findings).
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Chapter 17.36 PLANNED DEVELOPMENT ZONING
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
F. City Council Review and Decision. Upon receipt of the planning commission’s recommendation, the city council shall conduct a public hearing and either approve, approve in modified form, or deny the development plan. The city council may approve the application only if all of the findings in subsection G of this section (Findings) can be made.
G. Findings. The city council may approve an application for a development plan if all of the following findings can be made:
1. The proposed development is consistent with the general plan, local coastal program (if applicable), and any applicable specific plan or area plan adopted by the city council.
2. The proposed development is superior to the development that could occur under the standards applicable in the existing zoning districts.
3. The proposed project will provide a substantial public benefit as defined in subsection H of this section (Substantial Public Benefit Defined). The public benefit provided shall be of sufficient value as determined by the planning commission to justify deviation from the standards of the zoning district that currently applies to the property.
4. The site for the proposed development is adequate in size and shape to accommodate proposed land uses.
5. Adequate transportation facilities, infrastructure, and public services exist or will be provided to serve the proposed development.
6. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.
7. For planned developments located adjacent to the coast, the proposed development will protect and/or enhance coastal resources and conform with the findings for approval of a CDP as specified in Section
17.44.130 (Findings for approval).
8. Findings required for the concurrent approval of a zoning map amendment can be made.
H. Substantial Public Benefit Defined. When used in this chapter, “substantial public benefit” means a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the city’s minimum development standards and significantly advances goals of the general plan, and the local coastal program if in the coastal zone. A project must include one or more substantial public benefits to be rezoned as a planned development. The public benefit provided shall be of sufficient value as determined by city council to justify deviation from the standards of the zoning district that currently applies to the property. Examples of substantial public benefits include but are not limited to:
1. Affordable housing that meets the income restrictions applicable in the affordable housing (-AH) overlay zonewith income-restricted affordable units.
2. Public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather. The public space must either exceed the city’s minimum requirement for required open space and/or include quality improvements to the public realm to create an exceptional experience for the public. Improvements to streets, sidewalks, curbs, gutters, sanitary and storm sewers, street trees, lighting, and other public infrastructure beyond the minimum required by the city or other public agencies.
3. New or improved pedestrian and bicycle pathways that enhance circulation within the property and connectivity to the surrounding neighborhood and surrounding areas.
4. Green building and sustainable development features that substantially exceed the city’s green building award status.
5. Preservation, restoration, or rehabilitation of a historic resource. 223
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
6. Public art that exceeds the city’s minimum public art requirement and is placed in a prominent and publicly accessible location.
7. New or enlarged businesses that increase the supply and/or diversity of jobs available to Capitola residents.
Types of jobs may include jobs that improve environmental quality or reduce energy or resource consumption (“green jobs”), high-tech sector jobs, and jobs in industries focusing on the generation and utilization of intellectual property (“creative jobs”).
8. Increased transportation options for residents and visitors to walk, bike, and take public transit to destinations and reduce greenhouse gas emissions.
9. Public parking lot that provides parking spaces in excess of the required number of parking spaces for use by the surrounding commercial district.
10. Publicly accessible parks, open space, and/or recreational amenities beyond the minimum required by the city or other public agency.
11. Habitat restoration and/or protection of natural resources beyond the minimum required by the city or other public agency.
I. Conditions of Approval.
1. The city council may attach conditions of approval to a development plan to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
2. The city council shall condition approval of the development plan on the completion of public improvements, community benefits and grants of easement shown on the development plan.
J. Post-Decision Procedures. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) shall apply to development plans.
K. Effect of Development Plan. All future development and land uses within a PD zoning district shall comply with the approved development plan.
1. Land Uses. New land uses may be added in a PD zoning district provided the development plan identifies the use as a permitted or conditionally permitted land use. Establishing a land use not specifically permitted by the development plan would require an amendment to the PD zoning district.
2. Structures. New structures may be added in a PD zoning district provided the structures comply with development standards established in the development plan (e.g., height, setback, floor area ratio). Design review consistent with Chapter 17.120 (Design Permits) is required for all new development that was not approved with the development plan. Development that exceeds development standards in the development plan is allowed only with an amendment to the PD zoning district. (Ord. 1043 § 2 (Att. 2), 2020) 224
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Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.40
RESIDENTIAL OVERLAY ZONES
Sections:
17.40.010 Purpose.
17.40.020 Affordable housing (-AH) overlay zoneReserved.
17.40.030 Vacation rental use (-VRU) overlay zone.
17.40.040 Village residential (-VR) overlay zone.
17.40.010 Purpose.
This chapter contains requirements for overlay zones that primarily apply to residential uses and residential areas.
Overlay zones establish additional standards and regulations to specific areas, in addition to the requirements of the underlying base zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.40.020 Affordable housing (-AH) overlay zoneReserved.
A. Purpose. The purpose of the affordable housing (-AH) overlay zone is to facilitate the provision of affordable housing units through the retention and rehabilitation of existing affordable units, or the construction of new affordable units. The -AH overlay zone is intended to:
1. Implement the goals and policies of the general plan housing element and provide the opportunity and means for Capitola to meet its regional fair share allotment of affordable units.
2. Encourage the development of affordable units by assisting both the public and private sectors in making the provision of these units economically viable.
3. Provide assurances to the city that these units will maintain a high degree of quality and will remain affordable to the target population over a reasonable duration of time.
4. Encourage the provision of affordable housing through the combination of the -AH overlay within the multifamily residential zone where the affordable housing projects are determined to be feasible and are consistent with the general plan and the local coastal program.
5. Provide a means of directing and simplifying the process for creating and maintaining affordable housing.
6. Provide incentives to developers, whether in new or rehabilitated housing, to maintain rental units for the long term (e.g., not less than fifty-five years) and affordable ownership units in perpetuity.
B. Applicability. The -AH overlay zone may be applied to parcels located in a multifamily residential or community commercial (C-C) zoning district.
C. Definitions.
1. “Affordable housing” means housing capable of being purchased or rented by a household with “very low,” “low,” or “moderate” income levels at an “affordable housing cost” or “affordable rent,” as those terms are defined by the state of California.
2. “Affordable housing overlay district” means a zoning district that applies in addition to existing zoning designation where the city encourages the provision of affordable housing units as described in this chapter.
3. The “very low,” “low,” and “moderate” income levels are defined by the state of California in Sections 50105, 50079.5, and 50093, respectively, of the California Health and Safety Code, and in Subchapter 2 of Chapter 6.5 of Division 1 of Title 25 of the California Code of Regulations, commencing with Section 6900.
These income levels are:
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Chapter 17.40 RESIDENTIAL OVERLAY ZONES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Very Low Income. Up to and including fifty percent of the Santa Cruz County median income, adjusted for family size, as defined by the state law;
b. Lower Income. Fifty-one percent to eighty percent of Santa Cruz County median income, adjusted for family size, as defined by the state law;
c. Moderate Income. Eighty-one percent to one hundred twenty percent of Santa Cruz County median income, adjusted for family size, as defined by state law.
4. “Affordable housing cost” and “affordable rent” are defined in Sections 50052.5 and 50053, respectively, of the California Health and Safety Code, and in Subchapter 2 of Chapter 6.5 of Division 1 of Title 25 of the California Code of Regulations, commencing with Section 6900.
D. Relationship with State Density Bonus Law and Other State Laws.
1. In the event of any inconsistency or discrepancy between the income and affordability levels set forth in this chapter and the levels set in state laws and regulations, the state provisions shall control.
2. The -AH overlay zone provides a density increase for affordable housing development that in most cases exceeds density bonuses permitted by state law (Government Code Section 65915).
3. A development may utilize the -AH overlay zone as an alternative to the use of state density bonus but may not utilize both the overlay and state density bonuses.
E. Permits and Approvals Required.
1. Affordable housing developments proposed under this chapter require the execution of a development agreement by the city and the developer. The development agreement shall be prepared in accordance with the provisions of California Government Code Section 65864 et seq.
2. Affordable housing developments proposed under this chapter require approval of a design permit. All requirements in Chapter 17.120 (Design Permits) apply, except that the planning commission recommends design permit approval or denial to the city council. The city council may take action on the design permit application concurrently with or subsequent to action on the development agreement.
3. A proposed affordable housing development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 and the findings for approval of a CDP as specified in Section 17.44.130. The city council may take action on the coastal development permit application concurrently with or subsequent to action on the development agreement.
F. Permitted Residential Density.
1. Affordable housing developments with up to twenty units per acre are permitted in the -AH overlay zone. The twenty units per acre limit is based on a calculation that includes all existing and new units on the property.
2. Density permitted in the -AH overlay zone may not exceed what can be accommodated by the site while meeting applicable parking, unit size, and other development standards.
G. Income Restrictions.
1. A minimum of fifty percent of the units in an affordable housing development shall be income restricted affordable housing. All affordable units may be in a single category or part of a mixture of affordable unit types which include:
a. Moderate-income households;
b. Low-income households;
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. c. Very low-income households; or
d. Extremely low-income households.
2. At minimum fifty percent of income-restricted affordable units (twenty-five percent of the total project units) shall be affordable to low-, very low-, and extremely low-income households. A greater level of affordability will not allow a greater level of density.
H. Development Incentives.
1. Purpose.
a. In order to reduce costs associated with the development and construction of affordable housing, affordable housing developments within the -AH overlay zone shall be eligible for specified development incentives. These incentives allow for the relaxation of development standards normally applied to housing in Capitola and are established in order to facilitate and promote the development of affordable housing in the city.
b. Incentives shall be targeted to improve the project design or to yield the greatest number of affordable units and required level of affordability, so as to permit the city to meet its regional fair share allotment of affordable housing and the goals of the housing element of the general plan.
2. Relaxed Development Standards. The city shall allow the following relaxed development standards for projects that comply with the affordability required in subsection G of this section (Income Restrictions):
a. Minimum Building Site Area and Lot Area per Unit. There shall be no minimum building site area requirement for individual parcels or dwelling sites within the -AH overlay zone. The building site area shall be designated on a site plan as approved by the city through the design permit review process. b. Density Averaging. Project density within the -AH overlay zone may be calculated by averaging the density on a project-wide basis so as to permit higher density levels in certain project portions in exchange for advantageous project design features as determined by the city through the design permit review process.
c. Setbacks.
i. The minimum setbacks from property lines shall be determined by the city through the design permit process.
ii. Minimum setbacks from property lines adjacent to or across from a single-family residential zone shall be same as underlying zoning district.
d. Building Coverage. The city shall determine the maximum building coverage for the proposed project through the design permit process.
3. Additional Development Incentives.
a. As a further inducement to the development of affordable housing beyond the relaxed development standards described in subsection (H)(2) of this section (Relaxed Development Standards), the city may choose to extend one or more additional development incentives depending on the quality, size, nature, and scope of the project being proposed.
b. Additional development incentives may be in the form of waivers or modifications of other standards which would otherwise inhibit density and achievement of affordable housing goals for the development site, including, but not limited to, the placement of public works improvements.
I. Design Standards.
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Chapter 17.40 RESIDENTIAL OVERLAY ZONES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Purpose and Applicability.
a. The following design standards are intended to ensure high-quality development within the -AH overlay zone that enhances the visual qualities of Capitola and respects adjacent homes and neighborhoods. b. Design standards shall apply to all projects receiving development incentives described in subsection H of this section (Development Incentives) or residential densities greater than allowed by the applicable base zone.
2. Neighborhood Compatibility.
a. Affordable housing developments shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. b. Site planning on the perimeter shall provide for protection of the property from adverse surrounding influences and shall protect surrounding areas from potentially adverse influences from the property. c. To the greatest extent possible, the design of the development shall promote privacy for residents and neighbors, security, and use of passive solar heating and cooling through proper placement of walls, windows, and landscaping.
d. Building design and materials shall blend with the neighborhood or existing structures on the site.
3. Building Height. Maximum building height shall be the same as in the underlying base zoning district.
4. Common Open Space.
a. Common open space shall comprise the greater of:
i. Ten percent of the total area of the site; or
ii. Seventy-five square feet for each dwelling unit.
b. Areas occupied by buildings, streets, driveways, parking spaces, utility units, mailboxes, and trash enclosures may not be counted in satisfying the open space requirement. c. The following areas may be counted in satisfying the open space requirement:
i. Landscaping and areas for passive and active recreation/open space with a minimum depth and width of five feet.
ii. Land occupied by recreational buildings and structures.
5. Streets.
a. All public streets within or abutting the proposed development shall be improved to city specifications for the particular classification of street.
b. All private streets shall meet fire code and access standards.
6. Accessory Uses and Structures. Accessory uses and structures shall be permitted as allowed by Chapter
17.52 (Accessory Structures and Uses) and as required through the design permit process.
7. Signs. Signs shall be permitted as allowed by Chapter 17.80 (Signs) and as required through the design review process.
J. Assurance of Affordability.
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Chapter 17.40 RESIDENTIAL OVERLAY ZONES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Affordable housing units developed under this section shall remain available to persons and families of very low, low, and moderate income, at an affordable housing cost or affordable rental cost, at those income and affordability levels as defined in subsection C of this section (Definitions), for fifty-five years or the natural life of the unit, whichever is greater, unless a longer period is required by a construction or mortgage financing program, mortgage insurance program, state law, or housing grant, loan or subsidy program.
2. The required period of affordability shall run concurrently with any period of affordability required by any other agency; provided, however, that the affordability period shall not be less than fifty-five years or the natural life of the unit, whichever is greater.
3. The project developer shall be required to enter into an appropriate agreement with the city to ensure affordability is maintained for the required period.
K. Pre-Application Consultation.
1. Prior to submitting an application for an affordable housing development within the -AH overlay zone, the applicant or prospective developer should request preliminary consultation meetings with the community development department and other city staff as appropriate, to obtain information and guidance before incurring substantial expense in the preparation of plans, surveys and other data.
2. Preliminary consultations with city staff should address potential local, state, and federal affordable housing funding availability, and program requirements in guaranteeing project consistency with the objectives and requirements of the -AH overlay zone.
L. Additional Application Requirements. An application for an affordable housing development within the -AH overlay zone shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review) and shall also include the following materials and information:
1. Breakdown of affordable and market rate units including unit number, unit size, affordable designation of each unit (very low, low, or moderate), and rental rate or sale price.
2. The proposed means for assuring the continuing existence, maintenance and operation of the project as an affordable housing project.
3. Such other information as may be required by the community development department to allow for a complete analysis and appraisal of the proposed project.
M. Findings. To approve or recommend approval of an affordable housing development, the review authority shall make all of the following findings, in addition to the findings required by Chapter 17.120 (Design Permits):
1. The incentives granted for density and deviation from development and design standards, are commensurate with the level of affordability. Specifically, the greater the extent of concessions and incentives, the greater the level of affordability, quality, size, nature, and scope of the project being proposed.
2. The design of the proposed project, even with the concessions for density and deviation from development and design standards, is appropriate for the scale and style of the site and surrounding neighborhood.
Specifically, the development will provide an attractive visual transition and will not significantly impact the integrity of the surrounding neighborhoods.
3. The developer has agreed to enter into an agreement to maintain the affordability of the project specific to the requirements of the city and any funding sources with greater or longer affordability requirements.
4. If located within the coastal zone, the project is found to be in conformity with the local coastal program, including, but not limited to, sensitive habitat, public viewshed, public recreational access and open space protections. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.40 RESIDENTIAL OVERLAY ZONES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.40.030 Vacation rental use (-VRU) overlay zone.
A. Purpose. The -VRU overlay zone identifies locations within residential areas where the short-term rental of dwelling units is permitted.
B. Applicability. Locations where the -VRU overlay zone applies is shown on the zoning map.
C. Land Use Regulations. Permitted uses in the -VRU overlay zone are the same as in the base zoning district, except that vacation rental uses are permitted with an administrative permit.
D. Required Permit. Each vacation rental unit is required to obtain a vacation rental permit, as an administrative permit, in addition to registering each unit with the city as a business. This includes obtaining a business license, renewable annually, and transient occupancy tax registration.
E. Development and Operations Standards.
1. Vacation rentals in Capitola are prohibited outside of the -VRU overlay zone.
2. Transient occupation registration is required for each vacation rental unit. A business license and transient occupancy tax registration must be obtained from the city. The business license shall be renewed annually.
3. Permit holders must submit monthly to the city a completed transient occupancy tax report and payment of all tax owing.
4. One parking space is required per vacation rental unit. Parking may be on site or within the Beach and Village Parking Lot 1 or 2 with proof of permit, if eligible. The on-site parking space must be maintained for exclusive use by guests during their stay.
5. The property owner must designate a person who has the authority to control the property and represent the owner. This responsible person must be available at all reasonable times to receive and act on complaints about the activities of the tenants.
6. A maximum of one sign per structure, not to exceed twelve inches by twelve inches in size, is permitted to advertise the vacation rental.
7. Each unit must post the vacation rental permit in a visible location within the unit. The vacation rental permit will include a permit number, the development and operations standards of this section (this subsection E), and space to write the contact information for the responsible party.
8. If the unit is advertised on the internet, the first line of the posting must include the vacation rental permit number for city reference.
9. No permit holder shall have a vested right to a renewed permit. If there is a history of the permit holder or tenants violating the permit’s conditions, the permit may be revoked consistent with Section 17.156.110 (Permit revocation). After a permit is revoked, the permit holder may reapply for a new permit one year after the revocation. The community development director may deny an application based on previous code enforcement issues. A decision by the community development director is appealable to the planning commission.
10. All vacation rental units shall have smoke detectors and carbon monoxide detectors.
11. Accessory dwelling units may not be used for vacation rentals.
F. Enforcement. It is prohibited for any person (including but not limited to property owners, property managers or real estate agents) to do any of the following without a vacation rental permit:
1. Rent, sublet, lease, sublease or otherwise for remuneration allow any person or persons to carry on a vacation rental use; or
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Chapter 17.40 RESIDENTIAL OVERLAY ZONES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
2. To advertise for a vacation rental use; or
3. For compensation, to arrange, or help to arrange vacation rental uses. (Ord. 1043 § 2 (Att. 2), 2020)
17.40.040 Village residential (-VR) overlay zone.
A. Purpose. The purpose of the -VR overlay zone is to limit certain areas within the Village to exclusive residential use, including vacation rentals.
B. Land Use Regulations.
1. Residential Uses Only. Within the -VR overlay zone, only residential land uses (including vacation rentals) are permitted. Nonresidential land uses, including but not limited to restaurants, retail, offices, and personal services, are not permitted in the -VR overlay zone.
2. Existing Hotels and Motels. Alterations and modifications to existing hotels and motels shall occur in a manner consistent with Chapter 17.92 (Nonconforming Uses).
C. Development Standards. Development standards in the -VR overlay zone are the same as the mixed use village (MU-V) zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.44
COASTAL OVERLAY ZONE
Sections:
17.44.010 Purpose.
17.44.020 Local coastal program components.
17.44.030 Definitions.
17.44.040 Relationship to base zoning districts.
17.44.050 Allowed land uses.
17.44.060 Development standards.
17.44.070 CDP requirements.
17.44.080 CDP exemptions.
17.44.090 De minimis waiver of CDP.
17.44.100 Challenges to city determination of a CDP.
17.44.110 Application submittal.
17.44.120 Public notice and hearings.
17.44.130 Findings for approval.
17.44.140 Notice of final action.
17.44.150 Appeals.
17.44.160 Permit issuance.
17.44.170 Emergency CDPs.
17.44.180 CDP violations.
17.44.010 Purpose.
A. The purpose of this chapter is to establish review and permit procedures for the implementation of Capitola’s local coastal program (LCP). This chapter ensures that all private and public development within the city’s coastal zone (as depicted by the -CZ overlay zone) is consistent with the city’s certified LCP land use plan and implementation program, which together constitute the city’s certified LCP including:
1. To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act and codified in Sections 30000 through 30900 of the California Public Resources Code. Section on 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners; and
2. To implement the public access and recreational policies of Chapter 3 of the Coastal Act (Sections 30210 through 30224).
B. In achieving these purposes, this chapter shall be consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution. This chapter shall be interpreted and applied in a manner that:
1. Protects, maintains, and, where feasible, enhances and restores the overall quality of the coastal zone environment and its natural and artificial resources;
2. Allows the city to adopt and enforce additional regulations, not in conflict with the Coastal Act or otherwise limited by state law, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone; and
3. Resolves conflicting provisions in a manner which balances the utilization and conservation of coastal zone resources, taking into account the social and economic needs of the people of Capitola and the state. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.020 Local coastal program components.
The city of Capitola LCP consists of the land use plan (LUP) and implementation plan (IP) as described below. 232
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Chapter 17.44 COASTAL OVERLAY ZONE
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
A. Land Use Plan. The LCP land use plan (LUP) generally consists of descriptive text and policies as well as the adopted land use, resource, constraint, and shoreline access maps, graphics, and charts. The city’s LUP (originally certified in June 1981) is divided into six components as follows:
1. Locating and planning new or intensified development and public works facilities component.
2. Public access component.
3. Visual resources and special communities component.
4. Recreation and visitor serving facilities component.
5. Natural systems component.
6. Natural hazards component.
B. Implementation Plan. The implementation plan (IP) (first certified in January 1990), consists of the zoning code (Title 17) chapters and municipal code chapters as identified in Section 17.04.040 (Relationship to the local coastal program) as well as the zoning districts and maps. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.030 Definitions.
See also Chapter 17.160, Glossary. Specialized terms as used in this chapter are defined as follows:
A. “Aggrieved person” means any person who, in person or through a representative, appeared at a city public hearing in connection with the decision or action on a coastal development permit (CDP) that is appealed, or who, by other appropriate means prior to a hearing informed the city of the nature of their concerns, or who for good cause was unable to do either. “Aggrieved person” includes the applicant for a CDP.
B. Coastal Bluff.
1. A landform that includes a scarp or steep face of rock adjacent to the bay or ocean and meeting one of the following two parameters:
a. The toe is now or was historically (generally within the last two hundred years) subject to marine erosion.
b. The toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).
2. “Bluff line or edge” is defined as the upper termination of a bluff, cliff, or sea cliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge is defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser is taken to be the cliff edge. The termini of the bluff line, or edge along the seaward face of the bluff, is defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet is the minimum length of bluff line or edge to be used in making these determinations.
C. “Coastal-dependent development or use” means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
D. “Coastal-related development” means any use that is dependent on a coastal-dependent development or use.
E. “Coastal emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. 233
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Chapter 17.44 COASTAL OVERLAY ZONE
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
F. “Coastal hazards” include, but are not limited to, episodic and long-term shoreline retreat and coastal erosion, high seas, ocean waves, storms, tsunami, tidal scour, coastal flooding, liquefaction, sea level rise, and the interaction of same.
G. “Coastal resources” include, but are not limited to, public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.) and their related corridors, water bodies (e.g., wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological and paleontological resources.
H. “Development” means any of the following, whether on land or in or under water:
1. The placement or erection of any solid material or structure.
2. Discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste.
3. Grading, removing, dredging, mining or extraction of any materials.
4. Change in the density or intensity of use of land, including, but not limited to, subdivisions, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use.
5. Change in the intensity of use of water, or access thereto.
6. Construction, reconstruction, demolition or alteration in the size of any structure, including any facility of any private, public or municipal utility.
7. The removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973.
I. “Energy facility” means any public or private processing, producing, generating, storing, transmitting, or receiving facility for electricity, natural gas, petroleum, coal, or other source of energy. A “major energy facility” means any of the previously listed facilities that costs more than two hundred eighty-three thousand five hundred two dollars as of 2019 with an automatic annual increase in accordance with the Engineering News-Record Construction Cost Index except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624.
J. “Environmentally sensitive habitat areas (ESHA)” means any areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. ESHA includes wetlands, coastal streams and riparian vegetation, and terrestrial ESHA, including habitats of plant and animal species listed under the federal or California Endangered Species Act. In addition, the following areas are categorically ESHA as identified in Capitola’s LCP:
1. Soquel Creek, Lagoon, and Riparian Corridor.
2. Noble Gulch Riparian Corridor.
3. Tannery Gulch Riparian Corridor.
4. Monarch Butterfly Habitat – Rispin-Soquel Creek and Escalona Gulch.
K. “Feasible” means that which is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 234
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Chapter 17.44 COASTAL OVERLAY ZONE
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
L. “Local coastal program (LCP)” means the city’s land use plan and implementation plan (including land use and zoning maps) certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
M. Public Works Facility.
1. Any of the following:
a. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. b. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.
c. All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.
d. All community college facilities.
2. A “major public works facility” means any of the above listed facilities that costs more than two hundred eighty-three thousand five hundred two dollars as of 2019, with an automatic annual increase in accordance with the Engineering News-Record Construction Cost Index except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624. Notwithstanding the above criteria, a “major public works facility” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.
N. “Sea” means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.
O. “Shoreline protective device” means any structure (including but not limited to a seawall, revetment, riprap, bulkhead, deep piers/caissons, bluff retaining walls, groins, swales, lagoons, etc.) designed as protection against coastal hazards or resulting in impacts to shoreline processes.
P. “Stream” means streams in the coastal zone, perennial or intermittent, which are mapped by the United States Geological Survey (USGS) in the National Hydrographic Dataset.
Q. “Structure” means any improvement permanently attached to the ground, including, but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
R. “Wetland” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.040 Relationship to base zoning districts.
The -CZ overlay zone applies to property in conjunction with the base zoning districts. In case of a conflict between regulations, the regulations in this chapter shall take precedence over those of the base zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.050 Allowed land uses.
Allowed land uses in the -CZ overlay zone are the same as in the underlying base zoning district. Permits required for these uses (e.g., conditional use permit, administrative permit) are the same as in the underlying base zoning district, and are required in addition to any required CDP. (Ord. 1043 § 2 (Att. 2), 2020) 235
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Chapter 17.44 COASTAL OVERLAY ZONE
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.44.060 Development standards.
Development standards (e.g., structure height, setbacks) that apply to property in the -CZ overlay zone are the same as in the underlying base zoning district. These standards are maximums (or minimums as applicable) and are not an entitlement or guaranteed allowance. Where the zoning code allows for discretion in the application of development standards, the decision-making body may impose more stringent requirements to the extent permitted by state law to protect and enhance coastal resources. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.070 CDP requirements.
A. Permit Required. Notwithstanding any other exemptions for other permits or authorizations, all activities that constitute development, as defined in Section 17.44.030(H), within the -CZ overlay zone require a CDP except as specified in Section 17.44.080 (CDP exemptions).
B. Review Authority.
1. The community development director shall take action on all CDP applications for projects that are not appealable to the Coastal Commission and do not require other discretionary approval by the planning commission or city council.
2. The community development director shall, in a properly noticed public hearing, take action on all CDP applications for projects that are appealable to the Coastal Commission and do not require other discretionary approval by the planning commission or city council.
3. The planning commission shall, in a properly noticed public hearing, take action on all CDP applications that are appealable and/or require other discretionary approval by the city.
4. The planning commission or the city council shall, in a properly noticed public hearing, take action on CDP applications for public works projects that require no other discretionary permit approvals from the city other than funding approval.
5. Development already authorized by a Coastal Commission-issued CDP, amendment, or waiver remains under the jurisdiction of the Coastal Commission for the purposes of condition compliance, amendment, and revocation. Any additional development proposed on a parcel with a Coastal Commission-issued CDP, amendment, or waiver shall be reviewed by the city as a new CDP application; provided, that:
a. The Coastal Commission determines that the development is not contrary to any terms or conditions of the Commission-issued CDP, amendment, or waiver; or
b. The development is not located within a location where the Coastal Commission is required to retain jurisdiction under the Coastal Act.
C. Additional Permits. The review of a CDP application shall be processed concurrently with any other discretionary permit application required by the city. The city may not grant any other discretionary approvals for a proposed project that conflict with this chapter. Other discretionary approvals become effective only after a CDP is approved and becomes effective as required by this chapter.
D. Legal Development and Permitting Processes. Development that was legally established prior to the effective date of Proposition 20 (i.e., February 1, 1973) for property within one thousand yards of the mean high tide or the Coastal Act of 1976 (i.e., January 1, 1977) for all coastal zone property, whichever is applicable, is considered lawfully established development that does not require a CDP in order to continue as it legally existed prior to those dates. Any additional development since those dates (including improvements, repair, modification, and/or additions) requires a CDP or a determination that such development is excluded from CDP requirements in accordance with the provisions of this chapter.
E. Illegal Development and Permitting Processes.
1. See Section 17.44.180 (CDP violations) for enforcement provisions that apply to development activity that violates a CDP or the LCP.
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Chapter 17.44 COASTAL OVERLAY ZONE
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
2. Development that was not legally established (i.e., with a CDP) after the effective date of Proposition 20 (i.e., February 1, 1973) for property within one thousand yards of the mean high tide, or the Coastal Act of 1976 (i.e., January 1, 1977) for all coastal zone property, whichever is applicable, constitutes “unpermitted development” for purposes of this chapter. In addition, development undertaken inconsistent with the terms and conditions of an approved CDP (or an approved waiver or amendment) is also not lawfully established or authorized development (i.e., it constitutes unpermitted development). Both categories of unpermitted development may be subject to enforcement action by the city of Capitola and/or the Coastal Commission.
3. If development is proposed on a site with unpermitted development, then such application may only be approved if it resolves all permitting and coastal resource issues associated with the unpermitted development, including through removal of all or part of the unpermitted development or retention of such development if it can be found consistent with the policies and standards of the LCP and the public access and recreation policies of the Coastal Act, if applicable. If the unpermitted development cannot be found consistent, the unpermitted development must be abated and any affected areas restored to the condition before the unpermitted development was undertaken or pursuant to the terms of a valid restoration order. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.080 CDP exemptions.
The following projects are exempt from the requirement to obtain a CDP unless any one of the criteria listed in subsections (A)(1) through (6), (B)(1) through (8), (C)(1) through (3), or (F)(1) through (4) of this section are met, in which case a CDP is required.
A. Improvements to Existing Single-Family Residences. In accordance with Public Resources Code Section 30610(a) and 14 CCR Section 13250, where there is an existing single-family residential structure, the following shall be considered as part of that structure: fixtures and structures directly attached to a residence; landscaping; and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units. This exemption also applies to replacement of a mobile home with one which is not more than ten percent larger in floor area, or equipping a mobile home with removable fixtures such as a porch, the total area of which does not exceed ten percent of the square footage of the mobile home itself. Improvements to existing single-family residences do not require a CDP except for the following classes of development, which require a CDP because they involve a risk of adverse environmental effects:
1. Improvements to a single-family residence if the residence and/or improvement is located on a beach, in a wetland, seaward of the mean high tide line, within an environmentally sensitive habitat area, in an area designated highly scenic in the LCP, or within fifty feet of the edge of a coastal bluff.
2. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, within fifty feet of the edge of a coastal bluff, or within an environmentally sensitive habitat area.
3. The expansion or construction of water wells or septic systems.
4. On property not included in subsection (A)(1) of this section that is located between the sea and the first public road paralleling the sea, or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated within the land use plan, when one of the following circumstances apply:
a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure.
b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section.
c. An increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, shoreline protective works, or docks.
5. In areas which the Coastal Commission has previously declared by resolution, after public hearing, as having a critically short water supply that must be maintained for the protection of coastal resources or public 237
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. recreational use, the construction of any specified major water-using development not essential to residential use including, but not limited to, swimming pools or the construction or extension of landscape irrigation systems.
6. Any improvement to a single-family residence where the CDP issued for the original structure by the Coastal Commission or city indicated that any future improvements would require a CDP.
B. Improvements to Other Existing Structures. In accordance with Public Resources Code Section 30610(b) and 14 CCR Section 13253, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered part of the structure: all fixtures and other structures directly attached to the structure; landscaping on the lot. Improvements to other existing structures do not require a CDP except for the following classes of development, which require a CDP because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use:
1. Improvements to a structure if the structure and/or improvement is located on a beach, in a wetland or stream, seaward of the mean high tide line, in an area designated highly scenic in the land use plan, or within fifty feet of the edge of a coastal bluff.
2. Any significant alteration of land forms including removal or placement of vegetation on a beach or sand dune, in a wetland or stream, within one hundred feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area.
3. The expansion or construction of water wells or septic systems.
4. On property not included in subsection (B)(1) of this section that is located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated in the land use plan, when one of the following circumstances apply:
a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure;
b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section; or
c. An increase in height of an existing structure of more than ten percent.
5. In areas which the Coastal Commission has previously declared by resolution, after public hearing, as having a critically short water supply that must be maintained for the protection of coastal recreation or public recreational use, the construction of any specified major water-using development including, but not limited to, swimming pools or the construction or extension of any landscape irrigation system.
6. Any improvement to a structure where the CDP issued for the original structure by the Coastal Commission or city indicated that any future improvements would require a CDP.
7. Any improvement to a structure which changes the intensity of use of the structure.
8. Any improvement made pursuant to a conversion of an existing structure from a multiple-unit rental use or visitor serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion, or motel/hotel timesharing conversion.
C. Repair and Maintenance Activities.
1. Repair and maintenance of existing public roads, including resurfacing and other comparable development necessary to maintain the existing public road facility as it was constructed; provided, that:
a. There is no excavation or disposal of fill outside the existing roadway prism; and 238
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. There is no addition to and no enlargement or expansion of the existing public road.
2. Routine maintenance of existing public parks, including repair or modification of existing public facilities and landscaping where the level or type of public use or the size of structures will not be altered.
3. Repair, maintenance, replacement, and minor alterations of existing public water, sewer, natural gas, electrical, telephone, television, and flood control infrastructure.
4. No CDP shall be required for repair and maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities, except that (in accordance with Public Resources Code Section 30610(d) and 14 CCR Section 13252) the following extraordinary methods of repair or maintenance shall require a CDP because they involve a risk of substantial adverse environmental impact:
a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
i. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; ii. The placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;
iii. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or
iv. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams.
b. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include:
i. The placement or removal, whether temporary or permanent, of riprap, rocks, sand, or other beach materials or any other forms of solid materials; or
ii. The presence, whether temporary or permanent, of mechanized equipment or construction materials. c. Unless destroyed by natural disaster, the replacement of fifty percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a CDP.
d. The provisions of this section shall not be applicable to those activities specifically described in the document entitled “Repair, Maintenance and Utility Hookups,” adopted by the Coastal Commission on September 5, 1978, unless the community development director determines that a proposed activity will have a risk of substantial adverse impact on public access, an environmentally sensitive habitat area, wetlands, or public views to the ocean.
D. Replacement of Destroyed Structures. No CDP shall be required for the replacement of any structure, other than a public works facility, destroyed by a disaster that meets the following criteria: The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this section, “disaster” means any 239
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E. Conversion of Existing Multi-Unit Residential Structures. No CDP shall be required for the conversion of any existing multi-unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this chapter, no CDP is required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multi-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, is considered a time-share project, estate, or use for purposes of this subsection.
F. Temporary Events. No CDP shall be required for temporary events as described in this subsection and which meet all of the following criteria:
1. The event will not occur between the Saturday of Memorial Day weekend through Labor Day, or if proposed in this period will be of less than two days in duration including setup and take-down.
2. The event will not occupy any portion of a publicly or privately owned sandy beach or park area, public pier, public beach parking area and there is no potential for adverse effect on sensitive coastal resources.
3. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use.
4. The proposed event has been reviewed in advance by the city and it has been determined that it meets the following criteria:
a. The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and/or timing of the event either individually or cumulatively considered together with other development or temporary events scheduled before or after the particular event; b. There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources; and
c. The event has not previously required a CDP to address and monitor associated impacts to coastal resources.
G. Emergency Work. See Section 17.44.170 (Emergency CDPs) for development allowed with an emergency CDP. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.090 De minimis waiver of CDP.
The community development director may waive the requirement for a CDP through a de minimis CDP waiver in compliance with this section upon a written determination that the development meets all of the criteria and procedural requirements set forth in subsections A through G of this section:
A. No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources.
B. LCP Consistency. The development is consistent with the LCP.
C. Not Appealable to Coastal Commission. Except for accessory dwelling units as provided in Section
17.74.030(.E).(2), tThe development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission.
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D. Notice. Public notice of the proposed de minimis CDP waiver and opportunities for public comment shall be provided as required by Section 17.44.120 (Public notice and hearings), including provision of notice to the Coastal Commission.
E. Executive Director Determination. The community development director shall provide a notice of determination to issue a de minimis CDP waiver to the Executive Director of the Coastal Commission no later than ten working days prior to the waiver being reported at a city public hearing (see subsection F of this section). If the Executive Director notifies the community development director that a waiver should not be issued, the applicant shall be required to obtain a CDP if the applicant wishes to proceed with the development.
F. Review and Concurrence.
1. The community development director’s determination to issue a de minimis CDP waiver shall be subject to review and concurrence by the decision-makers (i.e., planning commission or city council, as applicable).
2. The community development director shall not issue a de minimis CDP waiver until the public comment period, including at a minimum through and including the required reporting of the waiver at a public hearing, has expired. At such public hearing, the public shall have the opportunity to testify and otherwise participate in a hearing on the de minimis CDP waiver. If two or more decision-makers object to the waiver, the de minimis CDP waiver shall not be issued and, instead, an application for a CDP shall be required and processed in accordance with the provisions of this chapter. Otherwise, the de minimis CDP waiver shall be deemed approved, effective, and issued the day of the public hearing.
3. In addition to the noticing requirements above, within seven calendar days of effective date of a de minimis CDP waiver, the community development director shall send a notice of final action (via first class mail) describing the issuance and effectiveness of the de minimis CDP waiver to the Coastal Commission and any persons who specifically requested notice of such action.
G. Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not completed within two years of the effective date of the waiver. In this event, either a new de minimis waiver or a regular CDP shall be required for the development. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.100 Challenges to city determination of a CDP.
A. City Determination.
1. The determination of whether a development is exempt, nonappealable, or appealable to the Coastal Commission shall be made by the community development director at the time the CDP application is submitted or as soon thereafter as possible, and in all cases prior to the application being deemed complete for processing.
2. This determination shall be made with reference to the LCP, including any maps, land use designations, and zoning ordinances which are adopted as part of the LCP.
B. Notification of Decision.
1. The community development director shall inform the applicant and the Coastal Commission district office in writing of the determination prior to:
a. Providing notice of any potential permit action; or
b. Allowing any activity without a permit for exemptions or exclusions.
2. The community development director’s written notification shall also identify the city’s notice and hearing requirements for the proposed project, if any.
C. Coastal Commission Review.
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1. If the Coastal Commission Executive Director chooses to review the community development director’s determination, the city shall provide the Executive Director with a copy of the application and determination of permit requirement.
2. If the Executive Director’s determination of permit requirement is the same as the community development director’s determination, that determination shall become final and no further challenge is available.
3. If the Executive Director’s determination conflicts with the community development director’s determination and the conflict cannot be resolved in a reasonable time, the Coastal Commission will hold a hearing to resolve the dispute in accordance with Coastal Commission regulations. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.110 Application submittal.
A. Submittal Requirements. CDP application submittals shall include all the information and materials required by the community development department. It is the responsibility of the applicant to provide all necessary and requested evidence to allow for the reviewing authority to make a decision regarding whether the proposed development is consistent with the LCP, including with respect to the findings required by Section 17.44.130 (Findings for approval).
B. Concurrent with Other Permits. The application for a CDP shall be made concurrently with application for any other non-CDP permits or approvals required by the city. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.120 Public notice and hearings.
A. Public Hearing Required. All planning commission and city council actions on CDP applications require a noticed public hearing.
B. Content of Notice. The notice of public hearing may be combined with other required project permit notice and shall include the following information:
1. A statement that the project is within the coastal zone, and that the project decision will include a determination on a CDP.
2. The name of the applicant, the city’s file number assigned to the application, a general explanation of the matter to be considered, a general description of the location of the subject property, and any recommendation from a prior hearing body.
3. A determination of whether the project is appealable to the Coastal Commission and the reasons for this determination.
4. The date, time and place of the hearing and/or decision on the application, and the phone number, email address, and street address of the community development department where an interested person may call or visit to obtain additional information or to provide input on the project.
5. A statement that the proposed project is determined to be exempt from the California Environmental Quality Act (CEQA), or that a negative declaration, mitigated negative declaration, or environmental impact report has been prepared for the project. The hearing notice shall state that the hearing body will consider approval of the CEQA determination or document prepared for the proposed project.
C. Posting. A printed notice shall be posted at the project site at least ten calendar days prior to the hearing.
D. Mailing. Notice shall be mailed at least ten calendar days prior to the hearing to:
1. The owner(s) and owner’s agent of all properties for which development is proposed, the applicant, and any applicant representatives;
2. Each local agency expected to provide essential facilities or services to the project;
3. Any person who has filed a request for notice (e.g., for the site or for the particular development) with the community development director;
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4. All owners and all occupants of parcels of real property located within one hundred feet (not including roads) of the perimeter of the real property on which the development is proposed, but at a minimum all owners and all occupants of real property adjacent to the property on which the development is proposed;
5. All agencies for which an approval for the proposed development may be required (e.g., USFWS, CDFW, RWQCB, etc.), including the State Lands Commission and the Monterey Bay National Marine Sanctuary when an application for a CDP is submitted to the city on property that is potentially subject to the public trust;
6. All known interested parties that have submitted a request in writing to the community development director to receive notice on a specific property;
7. The California Coastal Commission Central Coast office;
8. Any other person whose property, in the judgment of the community development department, might be affected by the proposed project.
E. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection D of this section is more than one thousand, the community development department may choose to provide notice by placing a display advertisement of at least one-eighth page in one or more local newspapers of general circulation at least ten days prior to the hearing.
F. Newspaper Publication. Notice shall be published in at least one newspaper of general circulation at least ten calendar days before the hearing.
G. Additional Notice.
1. In addition to the types of notice required above, the community development department may provide additional notice as determined necessary or desirable.
2. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation.
H. Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice.
I. Renoticing Required. If a decision on a CDP is continued by the review authority to a date or time not specific, the item shall be renoticed in the same manner and within the same time limits established by this section. If a decision on a CDP is continued to a specific date and time within thirty days of the first hearing, then no renoticing is required. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.130 Findings for approval.
A. Conformance with LCP Required. A CDP shall be granted only upon finding that the proposed project is consistent with the LCP. As applicable to the proposed project, the review authority shall consider whether:
1. The project is consistent with the LCP land use plan, and the LCP implementation program.
2. The project maintains or enhances public views.
3. The project maintains or enhances vegetation, natural habitats and natural resources.
4. The project maintains or enhances low-cost public recreational access, including to the beach and ocean.
5. The project maintains or enhances opportunities for visitors.
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7. The project, including its design, location, size, and operating characteristics, is consistent with all applicable design plans and/or area plans incorporated into the LCP.
8. The project is consistent with the LCP goal of encouraging appropriate coastal development and land uses, including coastal priority development and land uses (i.e., visitor serving development and public access and recreation).
B. Basis for Decision. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.140 Notice of final action.
The city’s action on a CDP shall become final when all local rights of appeal have been exhausted per Section
17.44.150(A) (Local Appeals). Within seven calendar days of a final decision on a CDP application, the city shall provide notice of its action by first class mail to the applicant, the Coastal Commission, and any other persons who have requested notice. The notice shall contain, at a minimum, the following:
A. Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify the following information:
1. All project applicants and project representatives, their address(es), and other contact information.
2. Project description and location.
3. All local appeal periods and disposition of any local appeals filed.
4. Whether the city’s decision is appealable to the Coastal Commission, the reasons for why it is or is not, and procedures for appeal to the Coastal Commission.
5. A list of all additional supporting materials provided to the Coastal Commission (see subsection B of this section).
6. All recipients of the notice.
B. Additional Supporting Materials to the Coastal Commission. The additional supporting materials shall include at a minimum the following:
1. The final adopted findings and final adopted conditions.
2. The final staff report.
3. The approved project plans.
4. All other substantive documents cited and/or relied upon in the decision including CEQA documents, technical reports (e.g., geologic, geotechnical, biological), correspondence, and similar documents. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.150 Appeals.
A. Local Appeals. Community development director decisions on CDPs may be appealed to the planning commission and planning commission decisions may be appealed to the city council as follows:
1. Community Development Director Decisions. Any decision of the community development director may be appealed to the planning commission within ten calendar days of the community development director’s decision.
2. Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council within ten calendar days of the planning commission’s decision.
B. Appeals to the Coastal Commission.
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1. In accordance with Public Resources Code Section 30603, any final approval decision by the city on a CDP in the geographic areas defined in subsections (B)(3)(a) through (b) of this section, or any final approval or denial decision by the city on a CDP for a major public works project (including a publicly financed recreational facility and/or a special district development), or a major energy facility located anywhere in the coastal zone, may be appealed to the Coastal Commission.
2. Appeals to the Coastal Commission may be filed by the project applicant, any aggrieved person, or any two members of the Coastal Commission.
3. The following types of projects may be appealed to the Coastal Commission:
a. Projects located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
b. Projects located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff. c. Any development which constitutes a major public works project or a major energy facility.
4. Appeals must be submitted to the Coastal Commission within ten working days of Coastal Commission receipt of a complete notice of final action.
5. City decisions may be appealed to the Coastal Commission only after an appellant has exhausted all local appeals pursuant to subsection A of this section (Local Appeals), except that exhaustion of all local appeals is not required if any of the following occur:
a. The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for CDPs in the coastal zone.
b. An appellant was denied the right of the initial local appeal by a city ordinance which restricts the class of persons who may appeal a local decision.
c. An appellant was denied the right of local appeal because city notice and hearing procedures for the development did not comply with this title.
d. The city required an appeal fee for the filing or processing of the appeal.
6. Grounds for appeal of an approved or denied CDP are limited to the following:
a. For approval, that the development does not conform to the standards set forth in the LCP, or the development does not conform to the public access policies of the Coastal Act; b. An appeal of a denial of a permit for a major public works shall be limited to an allegation that the development conforms to the standards set forth in the LCP and the public access policies of the Coastal Act. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.160 Permit issuance.
A. Effective Date of a CDP.
1. For city actions on CDPs that are not appealable to the Coastal Commission, a CDP shall become effective seven working days after the city’s final decision.
2. For development within the Coastal Commission appeal area, CDPs shall become effective after ten working days if no appeal has been filed. The ten working day appeal period starts the day after the Coastal Commission receives adequate notice of the city’s final decision.
B. Expiration of Permits and Extensions.
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1. A CDP not exercised within two years shall expire and become void, unless the permittee applies for an extension of the expiration deadline prior to the permit expiration.
2. An extension request may only be granted for good cause, and only if there are no changed circumstances that may affect the consistency of the development with the LCP (and the Coastal Act, if applicable). In cases where an extension is not granted, the CDP shall be considered expired and the applicant shall be required to apply for a new CDP to undertake the proposed development.
3. Any extension request shall be in writing by the applicant or authorized agent prior to expiration of the twoyear period. The city will not consider the extension request if received after the CDP expiration deadline.
Public notice and hearing requirements for an extension request shall be the same as for a CDP amendment.
4. De minimis CDP waivers may not be extended beyond the two-year authorization period.
C. CDP Amendment.
1. Provided the CDP has been exercised prior to expiration, or has not yet expired, an applicant may request a CDP amendment by filing an application to amend the CDP pursuant to the requirements of this chapter that apply to new CDP applications, including, but not limited to, public notice and hearing requirements.
2. Any approved CDP amendment must be found consistent with all applicable LCP requirements and the Coastal Act if applicable.
3. Any CDP amendment shall be processed as appealable to the Coastal Commission if the base CDP was also processed as appealable, or if the development that is the subject of the amendment makes the amended project appealable to the Coastal Commission.
D. Revocation of Permits. Where one or more of the terms and conditions of a CDP have not been, or are not being, complied with, or when a CDP was granted on the basis of false material information, the original review authority (community development director, planning commission or city council) may revoke or modify the CDP following a public hearing. Notice of such public hearing shall be the same as would be required for a new CDP application.
E. CDP Application Resubmittals. For a period of twelve months following the denial or revocation of a CDP, the city shall not accept a CDP application for the same or substantially similar project for the same site, unless for good cause the denial or revocation action includes an explicit waiver of this provision. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.170 Emergency CDPs.
A. Purpose. An emergency CDP may be granted at the discretion of the community development director for projects normally requiring CDP approval. To be eligible for an emergency CDP, a project must be undertaken as an emergency measure to prevent loss or damage to life, health or property, or to restore, repair, or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.
B. Application. Application for an emergency CDP shall be made to the city in writing if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency CDP.
C. Required Information. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include all of the following:
1. The nature of the emergency.
2. The cause of the emergency, to the extent this can be established.
3. The location of the emergency.
4. The remedial, protective, or preventive work required to deal with the emergency. 246
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5. The circumstances during the emergency that appeared to justify the course of action taken, including the probable consequences of failing to take action.
6. All available technical reports and project plans.
D. Verification of Facts. The community development director or other designated local official shall verify the facts, including the existence and nature of the emergency, as time allows. The community development director may request, at the applicant’s expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency (including identifying how the proposed solutions meet the criteria for granting the emergency CDP). The community development director may consult with the Coastal Commission as time allows to determine whether to issue an emergency CDP.
E. Public Notice. The community development director shall provide public notice, including notice to the Coastal Commission, as soon as reasonably possible, of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself.
F. Criteria for Granting Permit. The community development director may grant an emergency CDP upon making all of the following findings:
1. An emergency exists and requires action more quickly than permitted by the procedures for an ordinary CDP.
2. The development can and will be completed within thirty days unless otherwise specified by the terms of the permit.
3. Public comment on the proposed emergency action has been reviewed if time allows.
4. The work proposed will be consistent with the requirements of the LCP.
G. Conditions. The community development director may attach reasonable terms and conditions to the granting of an emergency CDP, including an expiration date and the necessity for a regular CDP application by a specified date.
At a minimum, all emergency CDPs shall include the following conditions:
1. The emergency CDP shall be voided if the approved activity is not undertaken within a reasonable time period as determined by the community development director.
2. The emergency CDP shall expire sixty days following its issuance, or alternative time period as determined by the community development director. Any work completed outside of this time period requires a regular CDP approval unless an extension is granted by the city for good cause.
3. The emergency development authorized by the emergency CDP is only temporary, and may remain only with approval of a regular CDP.
4. The applicant shall submit an application for a regular CDP within thirty days of completion of construction authorized by the emergency CDP, or alternative time period as determined by the community development director. The application shall include all information and materials required by the department, including photographs (if available) showing the project site before, during, and after emergency construction.
5. If the applicant does not apply for or obtain a regular CDP within the specified time period, the emergency development may be subject to enforcement action in accordance with Section 17.44.180 (CDP violations).
H. Limitations.
1. The emergency work authorized under approval of an emergency CDP shall be limited to activities necessary to protect the endangered structure or essential public infrastructure.
2. The emergency CDP shall be voided if the approved emergency CDP is not exercised within thirty days of issuance of the permit.
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3. The emergency CDP shall expire sixty days after issuance. Any work completed outside of these time periods requires a regular CDP approval unless an extension is granted by the city for good cause.
I. Application for Regular CDP. After the issuance of an emergency CDP, the applicant shall submit a completed CDP application and any required technical reports within a time specified by the community development director, but not to exceed thirty days. All emergency development approved pursuant to this section is considered temporary and shall be subject to enforcement action in accordance with Section 17.44.180 (CDP violations) if an application to recognize the development is not submitted within the time frame specified in the emergency CDP, unless the community development director authorizes an extension of time for good cause.
J. Reporting of Emergency Permits. The community development director shall inform (within five working days) the Executive Director of the Coastal Commission that an emergency CDP has been issued, and shall report the emergency CDP to the city council and planning commission at the first scheduled meeting after the emergency CDP has been issued. (Ord. 1043 § 2 (Att. 2), 2020)
17.44.180 CDP violations.
A. Enforcement of Violations.
1. The city will actively investigate and enforce any development activity that occurs within the coastal zone without a CDP pursuant to the requirements of the LCP. The city will work to resolve any alleged violations of the LCP in a timely manner, including through the use of appropriate enforcement actions.
2. In addition to all other available remedies, the city may seek to enforce the LCP and the Coastal Act pursuant to Public Resources Code Sections 30800 through 30822.
3. If the city does not resolve violations in a timely manner, the Coastal Commission retains the authority to enforce the requirements of the LCP through its own enforcement actions pursuant to Coastal Act Sections 30809 and 30810.
B. Civil Liability. Any person who performs or undertakes development in violation of the LCP or inconsistent with a previously issued CDP may, in addition to any other penalties, be civilly liable in accordance with Public Resources Code Section 30820.
C. Legal Lot Required. Development may only be undertaken on a legally established lot.
D. Removal of Existing Violations. No CDP application (including CDPs, CDP exclusions and exemptions, and de minimis CDP waivers) shall be approved unless all unpermitted development on the property that is functionally related to the proposed development is proposed to be removed (and the area restored) or retained consistent with the requirements of the LCP. (Ord. 1043 § 2 (Att. 2), 2020) 248
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.74
ACCESSORY DWELLING UNITS
Sections:
17.74.010 Purpose.
17.74.020 Definitions.
17.74.030 Permitting process.
17.74.040 General requirements.
17.74.050 Units subject to limited standards.
17.74.060 Units subject to full review standards.
17.74.070 Units requiring a design permit.
17.74.080 Development standards.
17.74.090 Objective design standards.
17.74.100 Deviation from standards.
17.74.110 Findings.
17.74.120 Deed restrictions.
17.74.130 Incentives.
17.74.010 Purpose.
A. This chapter establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 663105852.2 through 663425852.22. These standards are intended to allow accessory dwelling units as a form of affordable housing in Capitola while maintaining the character and quality of life of residential neighborhoods.
B. It is the city’s intent for this chapter to be consistent with state law as it is amended from time to time. In case of conflict between this chapter and state law, state law governs unless local variation is permitted. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.74.020 Definitions.
Terms used in this chapter are defined as follows:
A. “Accessory dwelling unit” means a self-contained living unit located on the same parcel as a primary dwelling unit.
B. “Attached accessory dwelling unit” means an accessory dwelling unit that:
1. Shares at least one common wall with the primary dwelling unit; and
2. Is not fully contained within the existing space of the primary dwelling unit.
C. “Detached accessory dwelling unit” means an accessory dwelling unit that does not share a common wall with the primary dwelling unit and is not an internal accessory dwelling unit.
D. “Internal accessory dwelling unit” means an accessory dwelling unit that is fully contained within the existing space of the primary dwelling unit or an accessory structure.
E. “Junior accessory dwelling unit” means an accessory dwelling unit no more than five hundred square feet in size and contained entirely within a single-family residence. For purposes of this definition, attached garages and other enclosed uses within the residence are considered a part of a single-family residence.
F. “Multifamily dwelling” means a structure with two or more dwelling units.
F. “Two-story attached accessory dwelling unit” means an attached accessory dwelling unit that is configured as either:
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1. Two stories of living space attached to an existing primary dwelling unit; or
2. Second-story living space above a ground-floor garage or living space in an existing primary dwelling unit.
G. “Two-story detached accessory dwelling unit” means a detached accessory dwelling unit that is configured as either:
1. Two stories of living space in a single accessory dwelling unit; or
2. Second-story living space above a ground-floor garage or other accessory structure. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.74.030 Permitting process.
A. When Consistent with Standards.
1. Except when a design permit is specifically required by this chapter, an accessory dwelling unit that complies with all standards in this chapter shall be approved ministerially with an administrative permit. No discretionary review or public hearing is required. A building permit application may be submitted concurrently with the administrative permit application.
2. If an existing single-family or multifamily dwelling exists on the parcel upon which an accessory dwelling unit is proposed, the city shall either approve or deny an application to create an accessory dwelling unit within sixty days from the date the city receives a completed application. If the applicant requests a delay in writing, the sixty-day time period shall be tolled for the period of the delay.
3. If the city denies an application for an accessory dwelling unit, the city shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
4. If the accessory dwelling unit application is submitted with a permit application to create a new single-family or multifamily dwelling on the parcel, the city may delay approving or denying the accessory dwelling unit application until the city approves or denies the permit application for the new single-family dwelling. The accessory dwelling unit shall be considered without discretionary review or hearing.
5. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.
B. Two-Story Units.
1. Planning commission approval of a design permit is required for Aa two-story accessory dwelling unit (attached or detached) with a height greater than the maximum permitted one-story accessory dwelling unit heights in Table
17.74-1 sixteen feet in height requires planning commission approval of a design permit.
2. To approve the design permit, the planning commission must make the findings in Section 17.74.110. A two-story accessory dwelling unit must comply with the standards in Sections 17.74.080 (Development standards) and
17.74.090 (Objective design standards) unless the planning commission allows a deviation through the design permit process.
C. When Deviating from Standards. An accessory unit that deviates from any standard in Section 17.74.080 (Development standards) or 17.74.090 (Objective design standards) may be allowed with planning commission approval of a design permit. See Section 17.74.100 (Deviation from standards).
D. When Dependent on Separate Construction. When a proposed attached or detached accessory dwelling unit is dependent on the construction of a new building or new portion of a building which is not a part of the accessory dwelling unit (“separate construction”) and is not proposed as part of a permit application to create a new singlefamily dwelling on the parcel, the city shall either:
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1. Accept and begin processing the accessory dwelling unit application only after acting on an application for the proposed separate construction; or
2. Upon written request from the applicant, review and act on the accessory dwelling unit together with the separate construction as part of a single application. In this case, the accessory dwelling unit is subject to the same review procedures as the separate construction.
E. Within Coastal Zone.
1. A proposed accessory dwelling unit that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval).
2. The City may issue a CDP waiver pursuant to Section 17.44.090 (De minimis waiver of a CDP) for a proposed accessory dwelling unit in the coastal zone. The City may issue a CDP waiver for an accessory dwelling unit both within and outside of locations where City decisions are appealable to the Coastal Commission. To be eligible for a CDP waiver, the proposed accessory dwelling unit must comply with all of the following:
a. The accessory dwelling unit complies with all standards in this chapter and may be approved ministerially with no public hearing required.
b. The accessory dwelling is not located:
i. In an area subject to coastal hazards as defined by Section 17.44.040(.F); ii. Within 200 feet of a cliff edge; or
iii In an environmentally sensitive habitat area (ESHA) as defined by Section 17.44.040(.J), including categorical ESHA areas identified in Section 17.64.020 (Applicability). c. The accessory dwelling unit would not negatively impact coastal resources, public access, or views consistent with the City’s certified Local Coastal Program.
3. A CDP waiver for an accessory dwelling unit shall comply with all requirements in Section 17.44.090 that apply to other types of development with the exception that the City may issue a CDP waiver for an accessory dwelling unit both within and outside of locations where City decisions are appealable to the Coastal Commission.
42. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that:
a. aA public hearing for a CDP application for an accessory dwelling unit shall is not be required as provided in Section 17.74.030(A)(1); and.
The City may issue a CDP waiver for an accessory dwelling unit as provided in Section 17.74.030(E)(2) F. Historic Resources.
1. If a design permit is required for an accessory dwelling unit on a property with a historic resource, the proposed project is subject to the requirements in Chapter 17.84 (Historic Preservation). Third-party review of the proposed project may be required as provided in Chapter 17.84.
2. Compliance with Chapter 17.84 is not required for accessory dwelling units approved ministerially with an administrative permit..
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G. Correction of Violations. The city shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.
H. Unpermitted Accessory Dwelling Units.
1. Except as provided in subsection (H)(2) of this section, the city shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
a. The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. b. The accessory dwelling unit does not comply with Government Code Sections 66314 - 66332 65852.2 or this chapter.
2. The city may deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
3. This subsection shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.74.040 General requirements.
The following requirements apply to all accessory dwelling units:
A. Where Allowed. An accessory dwelling unit is permitted:
1. In any zoning district where single-family or multifamily dwellings are a permitted use; and
2. On any parcel with an existing or proposed single-family or multifamily dwelling.
B. Maximum Number per Parcel. Not more than one accessory dwelling unit is allowed per parcel except as allowed by Sections 17.74.050 (Units subject to limited standards)(B) (One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less), 17.74.050(C) (Nonlivable Multifamily Space), and 17.74.050(D) (Detached Accessory Dwelling Units on Multifamily Parcels).
C. Residential Mixed Use. If one dwelling unit is on a parcel with a nonresidential use, the dwelling unit is considered a single-family dwelling for the purpose of determining the applicable requirements in this chapter. If two or more dwelling units are on a parcel with a nonresidential use, the dwelling units are considered a multifamily dwelling.
D. Utility Connections. Utility connection requirements shall be subject to state law and the serving utility district.
Establishing an accessory dwelling unit in conformance with this chapter does not require placing existing overhead utility lines underground.
E. Fire Sprinklers. The city shall not require accessory dwelling units to provide fire sprinklers if they would not be required for the primary residence under the current fire code. Establishing an accessory dwelling unit does not require installing fire sprinklers in the existing primary dwelling.
F. Vacation Rentals Prohibited. Accessory dwelling units may not be used for vacation rentals as defined in Chapter
17.160 (Glossary).
G. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling except as provided in Government Code Section 66340-66342.
H. Guaranteed Allowance.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Maximum building coverage, floor area ratio, front setbacks, and private open space standards in Section
17.74.080 (Development standards) shall not prohibit an accessory dwelling unit with up to eight hundred square feet of floor area, up to sixteen feet in height, and four-foot side and rear yard setbacks, provided the accessory dwelling unit complies with all other applicable standards. The guaranteed allowance of eight hundred square feet of floor area is in addition to the maximum floor area of a property.
2. An accessory dwelling unit may deviate from a building coverage, floor area ratio, front setbacks, or private open space standard no more than the minimum necessary to allow for eight hundred square feet of floor area.
I. Converting and Replacing Existing Structures.
1. An internal accessory dwelling unit may be constructed regardless of whether it conforms to the current zoning requirement for building separation or setbacks.
2. If an existing structure is demolished and replaced with an accessory dwelling unit, an accessory dwelling unit may be constructed in the same location and to the same dimensions as the demolished structure.
3. If any portion of an existing structure crosses a property line, the structure may not be converted to or replaced with an accessory dwelling unit. For an existing structure within four feet of a property line, the applicant must submit a survey demonstrating that the structure does not cross the property line.
J. Manufactured Homes and Mobile Units.
1. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an accessory dwelling unit. Pursuant to California Health and Safety Code Section 18007, as may be amended from time to time, a manufactured home must:
a. Provide a minimum of three hundred twenty square feet of floor area; b. Be built on a permanent chassis;
c. Be designed for use as a single-family dwelling with or without a foundation when connected to the required utilities; and
d. Include the plumbing, heating, air conditioning, and electrical systems contained within the home.
2. Vehicles and trailers, with or without wheels, which do not meet the definition of a manufactured home, are prohibited as accessory dwelling units.
3. A prefabricated or modular home is allowed as an accessory dwelling unit.
K. Junior Accessory Dwelling Units.
1. General. Junior accessory dwelling units shall comply with all standards in this chapter unless otherwise indicated.
2. Occupancy. The property owner must occupy either the primary dwelling unit or the junior accessory dwelling unit on the property unless the property is owned by a governmental agency, land trust, or housing organization, in which case owner-occupancy is not required.
3. Sanitation Facilities.
a. A junior accessory dwelling unit may include sanitation facilities, or may share sanitation facilities with the primary dwelling.
b. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
4. Kitchen. A junior accessory dwelling unit must include, at a minimum:
a. A cooking facility with appliances; and
b. At least three linear feet of food preparation counter space and three linear feet of cabinet space.
L. Multifamily Homeowners Associations. If a multifamily dwelling is located in a development with a homeowners’ association (HOA), an application for an accessory dwelling unit must:
1. Be signed by an authorized officer of the HOA; and
2. Include a written statement from the HOA stating that the application is authorized by the HOA, if such authorization is required.
M. Pursuant to the authority provided by Section 65852.21(f) of the Government Code, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved pursuant to Chapter 16.78 of this code; and (2) an SB 9 residential development with two units has been approved for construction pursuant to Chapter 17.75 of this code. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1052 § 4, 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.74.050 Units subject to limited standards.
The city shall ministerially approve an application for a building permit within a residential or mixed use zoning district to create the following types of accessory dwelling units. For each type of accessory dwelling unit, the city shall require compliance only with the development standards in this subsection. Standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards) do not apply to these types of accessory dwelling units.
A. Internal Accessory Dwelling Units. One internal accessory dwelling unit or junior accessory dwelling unit per parcel with a proposed or existing single-family dwelling if all of the following apply:
1. The internal accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the second story of an existing accessory structure shall be limited to accommodating ingress and egress.
2. The unit has exterior access from the proposed or existing single-family dwelling.
3. The side and rear setbacks are sufficient for fire and safety.
4. The junior accessory dwelling unit complies with Government Code Sections 66333 - 66339 65852.22.
B. One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less. One detached accessory dwelling unit for a parcel with a proposed or existing single-family dwelling. The detached accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection A of this section (Internal Accessory Dwelling Units). The accessory dwelling unit must comply with the following:
1. Minimum rear and side setbacks: four feet.
2. Maximum floor area: eight hundred square feet.
3. Maximum height: sixteen feet or 18 feet as allowed by Government Code Section 66321(b) (4).
C. Nonlivable Multifamily Space. One or more internal accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. At least one accessory dwelling unit is allowed within an existing multifamily dwelling up to a maximum of twenty-five percent of the existing multifamily dwelling units; and
2. Each unit shall comply with state building standards for dwellings.
D. Detached Accessory Dwelling Units on Multifamily Parcels.
1. Not more than two detached accessory dwelling units that are located on a parcel that has an existing or proposed multifamily dwelling, subject to the following:
a. Maximum height: eighteen feet.
b. Minimum rear and side setbacks: four feet.
2. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.74.060 Units subject to full review standards.
The city shall ministerially approve an application for a building permit to create the following types of accessory dwelling units:
A. One-Story Attached Accessory Dwelling Units. A one-story attached accessory dwelling unit in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
B. One-Story Detached Accessory Dwelling Units Between Eight Hundred and One Thousand Two Hundred Square Feet. A one-story detached accessory dwelling unit with a floor area between eight hundred and one thousand two hundred square feet in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards). (Ord. 1043 § 2 (Att. 2), 2020)
17.74.070 Units requiring a design permit.
The following types of accessory dwelling units require planning commission approval of a design permit:
A. Two-Story Accessory Dwelling Units. A two-story attached or detached accessory dwelling unit greater than than the maximum permitted one-story accessory dwelling unit heights in Table 17.74-1in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).
B. Accessory Dwelling Units Deviating from Standards. Any accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards), except for accessory dwelling units approved pursuant to Section 17.74.050 (Units subject to limited standards). (Ord. 1043 § 2 (Att. 2), 2020)
17.74.080 Development standards.
The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).
A. General. Table 17.74-1 shows development standards that apply to accessory dwelling units.
Table 17.74-1: Development Standards
ADU Type/Location Standard
Unit Size, Maximum
Attached ADU, one bedroom or less 50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
ADU Type/Location Standard
Attached ADU, more than one bedroom 50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached ADU 1,200 sq. ft.
Internal ADU No maximum
Junior ADU 500 sq. ft.
Floor Area Ratio, Maximum [1] As required by zoning district [2] Setbacks, Minimum [3,4]
Front Same as primary dwelling [5]
Interior Side, 1st and 2nd Story 4 ft.
Exterior Side, 1st and 2nd Story 4 ft.
Rear, 1st and 2nd Story 4 ft.
Building Coverage, Maximum
R-M zoning district 40% [2]
All other zoning districts No maximum
Height, Maximum [3]
Attached ADU 25 ft. or maximum permitted in zoning district, whichever is less One-story detached ADU on lot with existing or proposed singlefamily dwelling 16 ft. [8] One-story detached ADU on lot with existing or proposed multifamily and multi-story dwelling
18 ft.
Detached ADU, two-story [6] 22 ft.
Private Open Space, Minimum [7] 48 sq. ft. [2]
Notes:
[1] Calculated as the total floor area ratio on the site, including both the primary dwelling and accessory dwelling unit. An applicant may request simultaneous approval of a new internal accessory dwelling unit and an addition to the primary residence as part of a single application. [2] Standard may not prohibit an accessory dwelling unit with at least eight hundred square feet of floor area. See Section 17.74.040(H) (Guaranteed Allowance).
[3] Setback and height standards apply only to attached and detached accessory dwelling units. Standards do not apply to internal or junior accessory dwelling units.
[4] See also Section 17.74.040(I) (Converting and Replacing Existing Structures) for setback exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure. [5] See also subsection B of this section (Front Setbacks). [6] A two-story detached accessory dwelling unit greater than sixteen feet in height requires a design permit. [7] Private open space may include screened terraces, decks, balconies, and other similar areas. [8] A maximum height of 18 feet is allowed for a detached accessory dwelling unit on a lot with an existing or proposed single family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional 2 feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
B. Front Setbacks.
1. Any increased front setback requirement that applies to a garage associated with a primary dwelling unit also applies to a garage that serves an accessory dwelling unit, except that increased front setback requirements do not apply to an accessory dwelling unit created by converting or replacing an existing structure. .
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
2. In the R-1 zoning district, front setback exceptions in Riverview Terrace and on Wharf Road as allowed in Section 17.16.030(B) apply to accessory dwelling units.
3. In the mixed use zoning districts, minimum front setbacks in Chapter 17.20 (Mixed Use Zoning Districts) apply to accessory dwelling units. Maximum setbacks or build-to requirements do not apply.
C. Parking.
1. All Areas. The following parking provisions apply to accessory dwelling units in all areas in Capitola:
a. Required Parking in Addition to Primary Residence. Parking spaces required for an accessory dwelling unit are in addition to parking required for the primary residence. b. Tandem Spaces. Required off-street parking may be provided as tandem parking on an existing driveway.
c. Within Setback Areas.
i. Required off-street parking may be located within minimum required setback areas from front, side, and rear property lines.
ii. A parking space in a required front setback area shall be a “ribbon” or “Hollywood” design with two parallel strips of pavement. The paving strips shall be no wider than two and one-half feet each and shall utilize permeable paving such as porous concrete/asphalt, open-jointed pavers, and turf grids.
Unpaved areas between the strips shall be landscaped with turf or low-growing ground cover. d. Alley-Accessed Parking. Parking accessed from an alley shall maintain a twenty-four-foot back-out area, which may include the alley.
2. Outside of Coastal Zone orand in Cliffwood Heights. The following parking provisions apply only to accessory dwelling units outside of the coastal zone and in the Cliffwood Heights neighborhood as shown in Figure 17.74-1.
a. No additional parking is required for an internal or junior accessory dwelling unit. The floor area of an internal or junior accessory dwelling unit shall not be included in the parking calculation for the primary residence.
b. One off-street parking space is required for an attached or detached accessory dwelling unit, except as provided in subsection (C)(2)(c) of this section.
c. No off-street parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 66313(l)5852.2(j)(10). ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.
3. Within Coastal Zone and Outside Cliffwood Heights. The following parking provisions apply only to accessory dwelling units in the coastal zone and outside of the Cliffwood Heights neighborhood as shown in Figure 17.74-1 in accordance with the city’s adopted local coastal program. a. One off-street parking space is required for any type of accessory dwelling unit except as provided in subsection (C)(3)(b) of this section.
b. Where the primary residence is served by fourthree or more existing off-street parking spaces, including spaces in a tandem configuration, no off-street parking is required for the accessory dwelling unit. c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are required for the demolished or converted parking structure. Replacement parking space(s) may be covered or uncovered. Replacement parking does not satisfy the one off-street parking requirement for the accessory dwelling unit in subsection (C)(3)(a) of this section.
Figure 17.74-1: Cliffwood Heights ADU Parking Exclusion Area (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.74.090 Objective design standards.
The standards in this section apply to all accessory dwelling units not approved pursuant to Section 17.74.050 (Units subject to limited standards).
A. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street. 258
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
B. Privacy Impacts. To minimize privacy impacts on adjacent properties, the following requirements apply to walls with windows within eight feet of an interior side or rear property line abutting a residential use:
1. For a single-story wall or the first story of a two-story wall, privacy impacts shall be minimized by either:
a. A six-foot solid fence on the property line; or
b. Clerestory or opaque windows for all windows facing the adjacent property.
2. For a second-story wall, all windows facing the adjacent property shall be clerestory or opaque.
C. Second-Story Decks and Balconies. Second-story decks and balconies shall be located and designed to minimize privacy impacts on adjacent residential properties, as determined by the planning commission through the design permit approval process.
D. Architectural Details. Table 17.74-2 shows architectural detail standards for accessory dwelling units.
Table 17.74-2: Architectural Detail Standards
Non-Historic Property [1] Historic Property [1]
Attached ADU Detached ADU Attached ADU Detached ADU
Primary Exterior
Materials [2]
Same as primary dwelling
[3]
No requirement Same as primary dwelling;
or horizontal wood, fiber
cement, or board and batten
siding or shingles [3]
Horizontal wood, fiber
cement, or board and batten
siding, or shingles [4]
Window and Door
Materials
No requirement Wood, composite, pre-finished metal with a nonreflective finish
Window Proportions No requirement Windows must be taller than they are wide or match the proportions of the primary dwelling window [5]
Window Pane
Divisions
No requirement True or simulated divided lights
Roof Material Same as primary dwelling
[3]
No requirement Same as primary dwelling
[3]
Same as primary dwelling; or
architectural composition
shingles, clay tile, slate, or
nonreflective standing seam
metal [3]
Roof Pitch No requirement 4:12 or greater [6] No requirement 4:12 or greater [6] Notes:
[1] “Historic property” means a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources).
[2] Standard does not apply to secondary and accent materials. [3] “Same as primary dwelling” means the type of material must be the same as the primary dwelling. The size, shape, dimensions, and configuration of individual pieces or elements of the material may differ from the primary dwelling. [4] If primary dwelling is predominantly stucco, stucco is allowed for the accessory dwelling unit. [5] Bathroom windows may be horizontally oriented.
[6] If the primary dwelling has a roof pitch shallower than 4:12, the accessory dwelling unit roof pitch may match the primary dwelling.
E. Building Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources) for an attached accessory dwelling unit shall be inset or separated by a connector that is offset at least eighteen inches from the parallel side or rear building wall to distinguish it from the historic structure. (Ord. 1043 § 2 (Att. 2), 2020)
17.74.100 Deviation from standards.
A. When Allowed. The planning commission may approve an accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards). 259
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
B. Permit Required. Deviations allowed under this section require planning commission approval of a design permit.
A variance is not required. To approve the design permit, the planning commission must make the findings in Section 17.74.110 (Findings). (Ord. 1043 § 2 (Att. 2), 2020)
17.74.110 Findings.
A. When Required. The planning commission must make the findings in this section to approve a design permit for:
1. Two-story attached or detached accessory dwelling units greater than sixteen feet in height; and
2. Accessory dwelling units that deviate from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards), except for accessory dwelling units approved pursuant to Section 17.74.050 (Units subject to limited standards).
B. Findings. To approve the design permit, the planning commission shall find that:
1. The exterior design of the accessory dwelling unit is compatible with the primary dwelling on the parcel through architectural use of building forms, height, construction materials, colors, landscaping, and other methods that conform to acceptable construction practices.
2. The exterior design is in harmony with, and maintains the scale of, the neighborhood.
3. The accessory dwelling unit will not create excessive noise, traffic, or parking congestion.
4. The accessory dwelling unit has or will have access to adequate water and sewer service as determined by the applicable service provider.
5. Adequate open space and landscaping have been provided that are usable for both the accessory dwelling unit and the primary residence. Open space and landscaping provide for privacy and screening of adjacent properties.
6. The location and design of the accessory dwelling unit maintain a compatible relationship to adjacent properties and do not significantly impact the privacy, light, air, solar access, or parking of adjacent properties.
7. The accessory dwelling unit generally limits the major access stairs, decks, entry doors, and major windows to the walls facing the primary residence, or to the alley if applicable. Windows that impact the privacy of the neighboring side or rear yard have been minimized. The design of the accessory dwelling unit complements the design of the primary residence and does not visually dominate it or the surrounding properties.
8. The site plan is consistent with physical development policies of the general plan, any area plan or specific plan, or other city policy for physical development. If located in the coastal zone, the site plan is consistent with policies of the local coastal plan. If located in the coastal zone and subject to a coastal development permit, the proposed development will not have adverse impacts on coastal resources.
9. The project would not impair public views along the ocean and of scenic coastal areas. Where appropriate and feasible, the site plan restores and enhances the visual quality of visually degraded areas.
10. The project deviation (if applicable) is necessary due to special circumstances applicable to subject property, including size, shape, topography, location, existing structures, or surroundings, and the strict application of this chapter would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1043 § 2 (Att. 2), 2020)
17.74.120 Deed restrictions.
A. Before obtaining a building permitPrior to issuing a certificate of occupancy for an accessory dwelling unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
1. The accessory dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 (Glossary). 260
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Chapter 17.74 ACCESSORY DWELLING UNITS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
2. The accessory dwelling unit may not be sold separately from the primary dwelling except as provided in Government Code Section 66340-66342.
3. For junior accessory dwelling units, restrictions on size, owner occupancy requirement, and attributes in conformance with this chapter.
B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory dwelling unit.
C. The deed restriction shall lapse upon removal of the accessory dwelling unit. (Ord. 1043 § 2 (Att. 2), 2020)
17.74.130 Incentives.
A. Fee Waivers for Affordable Units.
1. The city may waive development fees for accessory dwelling units that will be rented at levels affordable to low- or very low-income households.
2. Applicants of affordable accessory dwelling units shall record a deed restriction limiting the rent to low- or very low-income levels prior to issuance of a building permit.
3. Landlords of accessory dwelling units shall be relieved of any affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual Consumer Price Index increase commencing with the date of application for building permit.
B. Historic Properties. The planning commission may allow exceptions to design and development standards for accessory dwelling units proposed on a property that contains a historic resource as defined in Chapter 17.84 (Historic Preservation). To allow such an exception, the planning commission shall approve a design permit and find that the exception is necessary to preserve the architectural character of the primary residence. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.76 PARKING AND LOADING
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.76
PARKING AND LOADING
Sections:
17.76.010 Purpose.
17.76.020 Applicability.
17.76.030 Required parking spaces.
17.76.040 General requirements.
17.76.050 On-site parking alternatives.
17.76.060 Parking design and development standards.
17.76.070 Parking lot landscaping.
17.76.080 Bicycle parking.
17.76.090 Visitor serving parking.
17.76.100 On-site loading.
17.76.010 Purpose.
This chapter establishes on-site parking and loading requirements in order to:
A. Provide a sufficient number of on-site parking spaces for all land uses.
B. Provide for functional on-site parking areas that are safe for vehicles and pedestrians.
C. Ensure that parking areas are well-designed and contribute to a high-quality design environment in Capitola.
D. Allow for flexibility in on-site parking requirements to support a multi-modal transportation system and sustainable development pattern.
E. Ensure that on-site parking areas do not adversely impact land uses on neighboring properties. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.020 Applicability.
This chapter establishes parking requirements for three development scenarios: establishment of new structures and uses, replacement of existing uses, and expansion and enlargement of existing structures and uses.
A. New Structures and Uses. On-site parking and loading as required by this chapter shall be provided any time a new structure is constructed or a new land use is established.
B. Replacing Existing Uses.
1. Mixed Use Village Zoning District.
a. Where an existing residential use is changed to a commercial use in the mixed use village (MU-V) zoning district, parking shall be provided for the full amount required by the new use. No space credit for the previous use may be granted.
b. In all other changes of use in the mixed use village (MU-V) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.
2. Other Zoning Districts. Where an existing use is changed to a new use outside of the mixed use village (MUV) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.
C. Expansions and Enlargements.
1. Nonresidential Use.
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Chapter 17.76 PARKING AND LOADING
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Where an existing structure with a nonresidential use is expanded or enlarged, additional parking is required to serve only the expanded or enlarged area, except as allowed by subsection (C)(1)(b) of this section.
b. Within the mixed use village (MU-V) zoning district, an eating and drinking establishment may expand by up to twenty percent of the existing floor area of the business without providing additional parking.
Permitted expansions include modification of the internal building layout to enlarge the dining area, additions to the size of the business within an existing building footprint, and new outdoor dining areas.
This provision applies only to a single expansion of floor area. Subsequent expansions must provide additional parking.
2. Residential Use. For an existing structure with a residential use, the full amount of parking to serve the use is required when the floor area is increased by more than ten percent. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.76.030 Required parking spaces.
A. Mixed Use Village Zoning District. All land uses in the mixed use village (MU-V) zoning district shall provide the minimum number of on-site parking spaces as specified in Table 17.76-1. Required parking for uses not listed in Table 17.76-1 shall be the same as required for land uses in other zoning districts as shown in Table 17.76-2.
Table 17.76-1: Required On-Site Parking in the Mixed Use Village Zoning District Land Uses
Number of Required Parking Spaces
Mixed Use Village (MU-V)
Retail 1 per 240 sq. ft.
Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 240 sq. ft.
Personal Services 1 per 240 sq. ft.
Hotels
With more than 20 guest rooms As determined by a parking demand study [1] With 20 or fewer guest rooms 1 per guest room plus additional spaces as required by the planning commission Note:
[1] The parking demand study shall be paid for by the applicant, contracted by the city, and approved by the planning commission. In the coastal zone, in all cases, hotel development shall provide adequate parking as determined by the planning commission.
B. Other Zoning Districts. Land uses in zoning districts other than the mixed use village zoning district shall provide a minimum number of on-site parking spaces as specified in Table 17.76-2. 263
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Table 17.76-2: Required On-Site Parking in Other Zoning Districts Land Uses Number of Required Parking Spaces
Residential Land Uses
Duplex Homes 2 per unit, 1 covered
Elderly and Long-Term Care 1 per 6 beds plus 1 per 300 sq. ft. of office Group Housing (includes single-room occupancy) 1 per unit plus 1 guest space per 6 units Micro-units 0.5 per unit within one-quarter mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21064.3; 1 per unit all other locations
Mobile Home Parks 1 per unit plus 1 per office and 1 guest space per 10 units Multifamily Dwellings 500 sq. ft. or less: 1 per unit
501 – 750 sq. ft.: 1.5 per unit
751 sq. ft. or more: 2 per unit
2.5 per unit, 1 covered
Residential Care Facilities, Small 0.5 per1 per 3 beds plus 1 per 300 sq. ft. of office. None required for transitional housing located one-half mile of a public transit stop
Residential Care Facilities, Large 0.5 per bed plus 1 per 300 sq. ft. of office Accessory Dwelling Units See Chapter 17.74 (Accessory Dwelling Units) Single-Family Dwellings 1,500 sq. ft. or less: 2 per unit 1,501 – 2,000 sq. ft. or more : 2 per unit, 1 covered
2,001 – 2,600 sq. ft.: 3 per unit, 1 covered
2,601 sq. ft. or more: 4 per unit, 1 covered
All other age-restricted senior housing (excludes elderly and long-term care, group housing, and residential care facilities)
1.5 per unit
Public and Quasi-Public Land Uses
Community Assembly 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats.
See also 17.76.030(G) (Religious Institution Affiliated Housing Development Projects)
Cultural Institutions As determined by a parking demand study Day Care Centers 1 per 400 sq. ft. of floor area used for daycare and 1 per employee Government Offices 1 per 300 sq. ft.
Home Day Care, Large 1 per each nonresident employee
Home Day Care, Small None beyond minimum for residential use Medical Offices and Clinics 1 per 300 sq. ft.
Parks and Recreational Facilities As determined by a parking demand study Public Safety Facilities As determined by a parking demand study Schools, Public or Private 2 per classroom
Commercial Land Uses
Banks and Financial Institutions 1 per 300 sq. ft.
Business Services 1 per 300 sq. ft.
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Land Uses Number of Required Parking Spaces
Commercial Entertainment and Recreation 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 300 sq. ft. of gross floor area Food Preparation 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office area Gas and Service Stations 2 for gas station plus 1 per 100 sq. ft. of retail and as required for vehicle repair Lodging
Bed and Breakfast 1 per guest room plus parking required for residential use Hotel 1 per guest room plus 1 per 300 sq. ft. of office Maintenance and Repair Services 1 per 600 sq. ft.
Personal Services 1 per 300 sq. ft.
Professional Offices 1 per 300 sq. ft.
Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of outdoor use area Self-Storage 1 per 5,000 sq. ft.
Retail 1 per 300 sq. ft. of customer area
Vehicle Repair 1 per 500 sq. ft. of nonservice bay floor area plus 2 per service bay Vehicle Sales and Rental 1 per 300 sq. ft. for offices plus 1 per 1,000 sq. ft. of display area and requirements for vehicle repair where applicable
Wholesale 1 per 5,000 sq. ft.
Heavy Commercial and Industrial Land Uses
Construction and Material Yards 1 per 2,500 sq. ft.
Custom Manufacturing 1 per 2,000 sq. ft., plus 1 per 300 sq. ft. of office Light Manufacturing 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office Warehouse, Distribution, and Storage Facilities 1 per 1,500 sq. ft.
Transportation, Communication, and Utility Uses
Utilities, Major As determined by a parking demand study Utilities, Minor None
Recycling Collection Facilities 1 per 1,000 sq. ft. of floor area Wireless Communications Facilities None
Other Uses
Accessory Uses Same as primary use
Home Occupation None beyond requirement for residence
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Land Uses Number of Required Parking Spaces
Quasi-Public Seating Areas None
Temporary Uses As determined by review authority
Urban Agriculture
Home Gardens None beyond requirement for residence
Community Gardens None
Urban Farms As determined by a parking demand study
C. Calculation of Required Spaces.
1. Floor Area. Where a parking requirement is a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. The floor area of a use shall be calculated as described in Section
17.48.040 (Floor area and floor area ratio). Floor area for the area of the required parking space (i.e., ten feet by twenty feet) and up to one hundred twenty-five square feet of ancillary space within garages and other parking facilities are not included in the calculation of floor area for the purpose of determining on-site parking requirements.
2. Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees is based on the largest shift that occurs in a typical week.
3. Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each twenty-four inches of bench-type seating at maximum seating capacity is counted as one seat.
4. Fractional Spaces. In determining the number of required parking, fractions of spaces over one-half shall be rounded up to the next whole number.
D. Unlisted Uses. The parking requirement for land uses not listed in Tables 17.76-1 and 17.76-2 shall be determined by the community development director based on the requirement for the most comparable similar use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.
E. Sites with Multiple Uses. Where more than one land use is conducted on a site, the minimum number of required on-site parking spaces shall be the sum of the number of parking spaces required for each individual use.
F. Additional Required Parking. The planning commission may require more on-site parking than required by Tables 17.76-1 and 17.76-2 if the planning commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
G. Religious Institution Affiliated Housing Development Projects. See Section 17.96.230 (Housing on Religious Facilities Sites) for parking requirements for a religious institution affiliated housing development project.
17.76.040 General requirements.
A. Availability and Use of Spaces.
1. In all zoning districts, required parking spaces shall be permanently available and maintained to provide parking for the use they are intended to serve.
2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.
3. A conditional use permit is required to designate parking spaces for exclusive use by an individual tenant within an integrated commercial complex.
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4. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning code.
B. Parking in Front and Exterior Side Setback Areas.
1. R-1 Zoning District. In the R-1 zoning district, the width of a parking space in the required front or exterior side setback area may not exceed forty percent of lot width up to a maximum of twenty feet, except that all lots may have a parking space of up to fourteen feet in width regardless of lot width. See Figure 17.76-1. The planning commission may allow a larger parking area within the required front and exterior side setback areas with a design permit if the larger parking area incorporates design features, such as impervious materials and enhanced landscaping, which minimize visual impacts to the neighborhood.
Figure 17.76-1: Parking in Front Setback Area in R-1 Zoning District
2. Other Zoning Districts.
a. In all zoning districts other than the R-1 zoning district, required parking spaces may not be located within required front or exterior side setback areas.
b. In the mixed use village zoning district, parking may be located adjacent to the street-facing property line in accordance with Section 17.20.030(E)(5) (Parking Location and Buffers). c. In the mixed use neighborhood zoning district, parking may be located in the front or exterior side setback area if approved by the planning commission in accordance with Section 17.20.040(E) (Parking Location and Buffers).
C. Location of Parking.
1. All Zoning Districts. Required parking spaces may not be located within any public or private right-of-way unless located in a sidewalk exempt area and if an encroachment permit is granted.
2. R-1 Zoning District. Required parking spaces in the R-1 zoning district shall be on the same parcel as the use that they serve.
3. MU-V Zoning District. Required parking in the MU-V district for new development and intensified uses shall be provided in compliance with the following:
a. The planning commission may approve on-site parking as follows:
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. i. For property fronting a Commercial Core street shown in Figure 17.76-2, on-site parking is allowed if access to parking is from a side street, alleyway, or existing driveway cut. New driveway cuts are prohibited along a Commercial Core street frontage.
Figure 17.76-2: MU-V Parking Location Map
ii. For the Capitola Theater and Mercantile sites, on-site parking is allowed if parking areas are located on the interior of the site(s) and do not directly abut a Commercial Core street. Driveway cuts to serve on-site parking are limited to one cut per site; however, the planning commission may approve 268
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iii. Within the Riverview Avenue, Cherry Avenue, and Cliff Drive residential overlays. iv. On properties that do not front a Commercial Core street. v. As mandated by Federal Emergency Management Agency (FEMA) regulations. b. The planning commission may permit off-site parking if the space(s) are within walking distance of the use which it serves or located at a remote site served by a shuttle system. c. New driveways and curb cuts shall comply with Section 17.20.030(.E.)(6) (Driveways and Curb Cuts)
4. Other Zoning Districts. In all zoning districts other than the R-1 and MU-V zoning districts, required parking shall be located on the same lot as the use the parking is intended to serve, except as allowed by Section
17.76.050(D).
D. Large Vehicle Storage in the R-1 Zoning District. In addition to the required on-site parking spaces for a singlefamily dwelling, one additional on-site parking or storage space may be provided on a parcel in the R-1 zoning district for a recreational vehicle, boat, camper, or similar vehicle. This space may not be located in a required front or exterior side setback area and may be utilized only to store a vehicle that does not exceed thirteen and one-half feet in height, eight and one-half feet in width, and twenty-five feet in length. Such parking or storage spaces shall be finished in concrete, asphalt, semi-permeable pavers, or a similar paved surface.
E. Covered Parking in the R-1 Zoning District.
1. When required by this chapter, covered parking spaces serving a single-family dwelling shall be provided within an enclosed garage. The planning commission may allow required covered parking spaces to be provided within an open carport with a design permit if the planning commission finds that a garage is practically infeasible or that a carport results in a superior project design.
2. All carports serving a single-family dwelling shall comply with the following design standards:
a. Carports shall be designed with high-quality materials, compatible with the home. The roofing design, pitch, colors, exterior materials and supporting posts shall be similar to the home. The carport shall appear substantial and decoratively finished in a style matching the home which it serves. b. The slope of a carport roof shall substantially match the roof slope of the home which it serves. c. Pedestrian pathways connecting the carport with the home shall be provided.
3. Garages in the R-1 zoning district may be converted to habitable living space only if the total number of required on-site parking spaces is maintained, including covered spaces for the covered parking space requirement.
F. Electric Vehicle Charging Stations.
1. Building Code Requirements. Electric vehicle charging stations shall be provided in accordance with the requirements of the California Green Building Standards Code.
2. Use of Space Signage. Signage shall be installed designating electric vehicle charging spaces for the exclusive purpose of charging and parking an electric vehicle.
3. Digital Operation Screens.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. “Digital operation screens” are defined for the purposes of this section as interactive digital displays used solely for the operation and required for the functionality of the electric vehicle charging station. b. Digital operation screens are permitted and are limited to a maximum screen size of two square feet.
The community development director may allow for a larger screen size of up to of four square feet upon determining that the larger screen is necessary for the functionality of the charging station.
4. Placement on Lot. Electric vehicle charging equipment must be located outside of minimum required property line setbacks.
5. Screening. Electric vehicle charging stations on lots with six spaces or more (including spaces not used for electric vehicle charging) are subject to the screening requirements in Section 17.76.060(I).
6. Impacts on Required Parking Spaces. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses on the property, the number of required parking spaces for the existing uses shall be reduced by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
7. Permits Required.
a. An application for an electric vehicle charging station that complies with all applicable requirements shall be approved ministerially with a building permit. A design permit or other type of planning permit is not required.
b. The process to review and act on the application shall be as provided in Government Code Sections 65850.7 and 65850.71.
G. Parking for Persons with Disabilities.
1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.
2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Tables 17.76-1 and 17.76-2.
H. Curb-Side Service.
1. Curb-side (drive-up) service for retail uses is allowed in all commercial and mixed use zoning districts.
2. Restaurant curb-side service requires a conditional use permit in the regional commercial (C-R) zoning district and is prohibited in all other zoning districts. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.76.050 On-site parking alternatives.
A. Purpose. This section identifies alternatives to required on-site parking to:
1. Allow for creative parking solutions;
2. Enhance economic vitality in Capitola;
3. Promote walking, biking, and use of transit; and
4. Encourage the efficient use of land resources consistent with the general plan.
B. Eligibility. Alternatives to required on-site parking in this section are available only to uses located outside of the mixed use village zoning district, except for:
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1. Valet parking (subsection F of this section) which is available in all zoning districts, including the mixed use village zoning district; and
2. Fees in lieu of parking (subsection I of this section), which are available only to uses in the mixed use village zoning district.
C. Required Approval. All reductions in on-site parking described in this section require planning commission approval of a conditional use permit.
D. Off-Site Parking.
1. For multifamily housing and nonresidential uses, the planning commission may allow offsite parking if the commission finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.
2. Off-site parking shall be located within a reasonable distance of the use it is intended to serve, as determined by the planning commission.
3. A deed restriction or other legal instrument, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the on-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained in Capitola. This covenant shall stipulate that the title and right to use the parcels shall not be subject to multiple covenants or contracts for use without prior written consent of the city.
E. Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ.
The planning commission may allow shared parking subject to the following requirements:
1. A parking demand study prepared by a specialized consultant contracted by the community development director, paid for by the applicant, and approved by the planning commission demonstrates that there will be no substantial conflicts between the land uses’ principal hours of operation and periods of peak parking demand.
2. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use.
3. The proposed shared parking facility is located no further than four hundred feet from the primary entrance of the land use which it serves.
4. In the mixed use neighborhood (MU-N) zoning district the reduction for shared parking is no greater than twenty-five percent of the required on-site parking spaces.
F. Valet Parking. The planning commission may allow up to twenty-five percent of the required on-site parking spaces to be off-site valet spaces (except for a hotel on the former Village Theater site (APNs 035-262-04, 035-262- 02, and 035-261-10) for which there is no maximum limit of off-site valet spaces). Valet parking shall comply with the following standards:
1. Valet parking lots must be staffed when business is open by an attendant who is authorized and able to move vehicles.
2. A valet parking plan shall be reviewed and approved by the community development director in consultation with the public works director.
3. Valet parking may not interfere with or obstruct vehicle or pedestrian circulation on the site or on any public street or sidewalk.
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4. The use served by valet parking shall provide a designated drop-off and pick-up area. The drop-off and pickup area may be located adjacent to the building, but it may not be located within a fire lane, impede vehicular and/or pedestrian circulation, or cause queuing in the right-of-way or drive aisle.
G. Low Demand. The number of required on-site parking spaces may be reduced if the planning commission finds that the land use will not utilize the required number of spaces due to the nature of the specific use. This finding shall be supported by the results of a parking demand study approved by the community development director in consultation with the public works director.
H. Transportation Demand Management Plan. The planning commission may reduce the number of required on-site parking spaces for employers that adopt and implement a transportation demand management (TDM) plan subject to the following requirements and limitations:
1. A TDM plan reduction is available only to employers with twenty-five or more employees.
2. Required on-site parking spaces may be reduced by no more than fifteen percent.
3. The TDM plan shall be approved by the community development director in consultation with the public works director.
4. The TDM plan shall identify specific measures that will measurably reduce the demand for on-site parking spaces. Acceptable measures must ensure a reduced demand for parking spaces (e.g., an employee operated shuttle program). Measures that only encourage the use of public transit, ridesharing, biking, or walking will not be accepted.
5. The employer shall appoint a program coordinator to oversee transportation demand management activities.
6. The program coordinator must provide a report annually to the planning commission that details the implementation strategies and effectiveness of the TDM plan.
7. The planning commission may revoke the TDM plan at any time and require additional parking spaces on site upon finding that the plan has not been implemented as required or that the plan has not produced the reduction in the demand for on-site parking spaces as originally intended.
I. Fees in Lieu of Parking.
1. Within the MU-V zoning district, on-site parking requirements for hotel uses may be satisfied by payment of an in-lieu parking fee established by the city council to provide an equivalent number of parking spaces in a municipal parking lot. Such payment must be made before issuance of a building permit or a certificate of occupancy. Requests to participate in an in-lieu parking program must be approved by the city council. A proposed hotel may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zones) if any part of the site is located in the coastal zone. A parking plan shall be reviewed within a CDP, to ensure the development will not have adverse impacts on coastal resources.
2. Fee revenue must be used to provide public parking in the vicinity of the use. In establishing parking districts, the city council may set limitations on the number of spaces or the maximum percentage of parking spaces required for which an in-lieu fee may be tendered.
J. Transit Center Credit. Provided a regional transit center is located within the Capitola Mall property, the planning commission may reduce the number of required parking spaces by up to ten percent for residential mixed use projects in the Capitola Mall property bounded by Clares Street, Capitola Road, and 41st Avenue. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.060 Parking design and development standards.
A. Minimum Parking Space Dimensions. Minimum dimensions of parking spaces shall be as shown in Table 17.76-
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Table 17.76-3: Minimum Parking Space Dimensions
Type of Space Minimum Space
Dimensions
Spaces Serving Single-Family
Dwellings
Uncovered and covered
(garage) spaces
10 ft. by 20 ft. [1]
In sidewalk exempt areas 10 ft. by 18 ft.
Spaces Serving Multifamily and
Nonresidential Uses
Standard Spaces 9 ft. by 18 ft.
Compact Spaces 8 ft. by 16 ft.
Tandem Spaces [2] 9 ft. by 18 ft.
Notes:
[1] The dimensions of parking spaces in an enclosed garage shall be measured from the interior garage walls. [2] See subsection (E)(3) of this section (Tandem Parking Spaces).
B. Compact Spaces. A maximum of thirty percent of required on-site parking spaces serving multifamily and nonresidential uses may be compact spaces. All parking spaces for compact cars shall be clearly marked with the word “Compact” either on the wheel stop or curb, or on the pavement at the opening of the space.
C. Parking Lot Dimensions. The dimensions of parking spaces, maneuvering aisles, and access ways within a parking lot shall conform to the city’s official parking space standard specifications maintained by the public works director and as shown in Figure 17.76-3 and Table 17.76-4. 273
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Figure 17.76-3: Standard Parking Lot Dimensions
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Table 17.76-4: Standard Parking Lot Dimensions
Parking Angle
Width Depth Aisle Single Bay Double Bay
Compact Standard Compact Standard Compact Residential Commercial Compact Residential Commercial Compact Residential Commercial 90 7'-6" 8'-6" 15'-0" 18'-0" 20'-0" 22'-0" 25'-0" 35'-0" 40'-0" 43'-0" 50'-0" 58'-0" 61'-0" 85 7'-7" 8'-6" 15'-7" 18'-8" 19'-0" 21'-0" 24'-0" 34'-7" 39'-8" 42'-8" 50'-2" 58'-4" 61'-0" 80 7'-8" 8'-7" 16'-1" 19'-2" 18'-0" 20'-0" 23'-0" 34'-1" 39'-2" 42'-4" 50'-2" 58'-4" 61'-0" 75 7'-9" 8'-10" 16'-5" 19'-7" 17'-0" 19'-0" 22'-0" 33'-5" 38'-7" 41'-7" 49'-10" 58'-2" 61'-0" 70 8'-0" 9'-0" 16'-9" 19'-10" 16'-0" 18'-0" 21'-0" 32'-9" 37'-10" 40'-10" 49'-6" 57'-8" 66'-8" 65 8'-4" 9'-4" 16'-10" 19'-11" 15'-0" 17'-0" 20'-0" 31'-10" 36'-11" 39'-11" 48'-8" 56'-10" 59'-10" 60 8'-8" 9'-10" 16'-9" 19'-10" 14'-0" 16'-0" 19'-0" 30'-9" 35'-10" 38'-10" 47'-6" 55'-8" 58'-8" 55 9'-1" 10'-4" 16'-7" 19'-7" 13'-0" 15'-0" 18'-0" 29'-7" 34'-7" 37'-7" 46'-2" 54'-2" 57'-2" 50 9'-10" 11'-1" 16'-4" 19'-2" 12'-0" 14'-0" 17'-0" 28'-4" 33'-2" 36'-2" 44'-8" 52'-4" 55'-4" 45 10'-7" 12'-0" 15'-11" 18'-8" 11'-0" 13'-0" 16'-0" 25'-5" 30'-0" 33'-0" 42'-10" 50'-4" 53'-4" 40 11'-8" 13'-2" 15'-15" 18'-0" 10'-0" 12'-0" 15'-0" 24'-8" 28'-2" 31'-2" 40'-10" 48'-0" 51'-0" 35 13'-1" 14'-10" 14'-8" 17'-2" 10'-0" 11'-0" 14'-0" 24'-0" 26'-2" 29'-2" 39'-4" 45'-4" 48'-4" 30 15'-3" 17'-0" 14'-0" 16'-2" 10'-0" 10-0" 13'-0" 35'-0" 40'-0" 43'-0" 38'-0" 42'-4" 45'-4" 275
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D. Surfacing.
1. All parking spaces, maneuvering aisles, and access ways shall be paved with asphalt, concrete, or other allweather surface.
2. Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a preferred surface material, subject to approval by the public works director.
E. Tandem Parking Spaces. Tandem parking spaces are permitted for all residential land uses; provided, that they comply with the following standards:
1. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.
2. For single-family dwellings, tandem parking is permitted for up to two uncovered spaces in front of a garage, with a maximum of three tandem spaces, including the covered space in a single garage. Tandem parking spaces of three spaces or more require planning commission approval.
3. The minimum size of an uncovered tandem parking space may be reduced to nine feet by eighteen feet.
4. All required guest parking shall be provided as single, nontandem parking spaces.
5. Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.
6. Tandem parking spaces shall be used to accommodate passenger vehicles only.
F. Parking Lifts. Required parking may be provided using elevator-like mechanical parking systems (“lifts”) provided the lifts are located within an enclosed structure or otherwise screened from public view. Parking lifts shall be maintained and operable through the life of the project.
G. Lighting.
1. A parking area with six or more parking spaces shall include outdoor lighting that provides adequate illumination for public safety over the entire parking area.
2. Outdoor lighting as required above shall be provided during nighttime business hours.
3. All parking space area lighting shall be energy efficient and directed away from residential properties to minimize light trespass.
4. All fixtures shall be hooded and downward facing so the lighting source is not directly visible from the public right-of-way or adjoining properties.
5. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).
H. Pedestrian Access.
1. Parking lots with more than thirty parking spaces shall include a pedestrian walkway in compliance with ADA requirements.
2. The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material, or other similar method as approved by the community development director.
I. Screening. Parking lots of six spaces or more shall comply with the following screening standards:
1. Location. Screening shall be provided along the perimeter of parking lots fronting a street or abutting a residential zoning district.
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2. Height.
a. Screening adjacent to streets shall have a minimum height of three feet. b. For parking lots within ten feet of a residential zoning district, screening shall have a minimum height of six feet, with additional height allowed with planning commission approval.
3. Materials – General. Required screening may consist of one or more of the following materials (see Section
17.76.070 (Parking lot landscaping) for landscaping screening requirements):
a. Low-profile walls constructed of brick, stone, stucco or other durable material. b. Evergreen plants that form an opaque screen.
c. An open fence combined with landscaping to form an opaque screen. d. A berm landscaped with ground cover, shrubs, or trees.
4. Materials – Adjacent Residential. Parking lots within ten feet of a residential zoning district shall be screened by a masonry wall.
J. Drainage. A drainage plan for all parking lots shall be approved by the public works director.
K. Adjustments to Parking Design and Development Standards. The planning commission may allow adjustments to parking design and development standards in this section through the approval of a minor modification as described in Chapter 17.136 (Minor Modifications). (Ord. 1043 § 2 (Att. 2), 2020)
17.76.070 Parking lot landscaping.
See Section 17.72.055 (Parking lot landscaping). (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.76.080 Bicycle parking.
A. Applicability. All new multifamily developments of five units or more and commercial uses served by parking lots of ten spaces or more shall provide bicycle parking as specified in this section.
B. Types of Bicycle Parking.
1. Short-Term Bicycle Parking. Short-term bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.
2. Long-Term Parking. Long-term bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours or more a secure and weather-protected place to park bicycles. Longterm parking may be located in publicly accessible areas or in garages or other limited access areas for exclusive use by tenants or residents.
C. Bicycle Parking Spaces Required. Short-term and long-term bicycle parking spaces shall be provided as specified in Table 17.76-6.
Table 17.76-6: Required Bicycle Parking Spaces
Land Use
Required Bicycle Parking Spaces
Short-Term Spaces Long-Term Spaces
Multifamily Dwellings and Group Housing 10% of required automobile spaces; minimum of 4 spaces
1 per unit
Nonresidential Uses 10% of required automobile spaces 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater
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Chapter 17.76 PARKING AND LOADING
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
D. Short-Term Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve.
E. Long-Term Bicycle Parking Standards. The following standards apply to long-term bicycle parking:
1. Location. Long-term bicycle parking shall be located within seven hundred fifty feet of the use that it is intended to serve.
2. Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are:
a. In a locked room or area enclosed by a fence with a locked gate; b. Within view or within one hundred feet of an attendant or security guard; c. In an area that is monitored by a security camera; or d. Visible from employee work areas.
F. Parking Space Dimensions.
1. Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.
2. An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.
3. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, pedestrian paths, and other similar features.
4. Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.
G. Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in a fixed position. The planning commission may allow creative approaches to rack design (e.g., vertical wall-mounted bicycle racks) if physical site constraints render compliance with bicycle parking design standards impractical or undesirable.
H. Cover. If bicycle parking spaces are covered, the covers shall be permanent and designed to protect the bicycles from rainfall. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.090 Visitor serving parking.
A. Shuttle Program Parking. Parking for the free summer beach shuttle program shall be provided in a remote lot or lots, such as those located on Bay Avenue and the Village public parking lots. The free shuttle shall operate, at a minimum, on weekends and holidays between Memorial Day weekend and Labor Day weekend.
B. Public Parking in the Coastal Zone.
1. Public parking existing as of June 9, 2021, in the following locations in the CF zoning district shall be maintained for public parking:
a. The Upper City Hall parking lot;
b. The Cliff Drive overlook parking; and
c. The Cliff Drive Southern Pacific railroad right-of-way parking unless Cliff Drive must be relocated due to cliff erosion.
2. Substantial changes in public parking facilities in the coastal zone require a local coastal program (LCP) amendment.
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Chapter 17.76 PARKING AND LOADING
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
3. Expansion of any existing legally established residential parking programs and/or new residential parking programs in the coastal zone require an amendment to coastal development permit 3-87-42 and consistency with the LCP land use plan.
4. The city shall evaluate the potential impact on public coastal access when considering a coastal development permit application for any development that would reduce public parking spaces near beach access points, shoreline trails, or parklands, including any changes to the residential parking program established under coastal development permit 3-87-42. When parking is reduced, the city shall evaluate alternative opportunities for public coastal access as needed to ensure existing levels of public access are maintained, or if possible enhanced. Such opportunities may include bicycle lanes and bicycle parking, pedestrian trails, relocated vehicular parking spaces, and enhanced shuttle/transit service. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.100 On-site loading.
A. Applicability. All retail, hotel, warehousing, manufacturing, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide on-site loading spaces consistent with the requirements of this section.
B. Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table
17.76-7.
Table 17.76-7: Required Loading Spaces
Floor Area Required Loading Spaces
Less than 10,000 sq. ft. None
10,000 to 30,000 sq. ft. 1
Greater than 30,000 sq. ft. 2 plus 1 per each additional 20,000 sq. ft.
C. Location.
1. Required loading spaces shall be located on the same lot as the use they are intended to serve.
2. No loading space shall be located closer than fifty feet to a residential zoning district, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight feet in height.
D. Dimensions.
1. Each loading space shall have minimum dimensions of ten feet wide, twenty-five feet long, and fourteen feet in vertical clearance.
2. Deviations from the minimum dimension standards may be approved by the community development director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.
E. Design and Configuration.
1. Loading spaces shall be configured to ensure that loading and unloading takes place on site and not within adjacent public rights-of-way.
2. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.
3. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation. 279
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
4. Loading spaces shall be striped and clearly identified as for loading purposes only. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.80
SIGNS
Sections:
17.80.010 Purpose and applicability.
17.80.020 Definitions.
17.80.030 Permit requirements.
17.80.040 Rules of measurement.
17.80.050 Signs allowed without permits.
17.80.060 Prohibited signs.
17.80.070 General sign standards.
17.80.080 Standards for specific types of signs.
17.80.090 Design standards.
17.80.100 Residential signs – Multi-unit properties.
17.80.110 Temporary signs.
17.80.120 Adjustment to sign standards.
17.80.130 Master sign program.
17.80.140 Nonconforming signs.
17.80.150 Violations and enforcement.
17.80.010 Purpose and applicability.
A. Purpose. This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:
1. Support economically viable businesses serving city residents, workers, and visitors.
2. Allow for signage that identifies businesses in a fair and equitable manner.
3. Protect and enhance the aesthetic qualities of the city.
4. Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.
5. Allow for a simple and streamlined sign permitting process.
B. Applicability. This chapter applies to all signs in Capitola, except for city-installed signs and signs required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.020 Definitions.
The following definitions apply to this chapter:
A. “Awning sign” means a sign incorporated into, attached, or painted on an awning.
B. “Awning face sign” means a sign located on the sloping plane face of an awning.
C. “Awning valance sign” means a sign located on the valance of an awning perpendicular to the ground.
D. “Center identification sign” means a sign identifying the name of a shopping center and that does not include the name of any business within the center. A shopping center is a commercial building or group of buildings operated as a unit on a single parcel, sharing common parking areas or commonly owned adjacent parcels.
E. “Commercial message” means any sign copy that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction.
F. “Commercial sign” means a sign with a commercial message. 281
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
G. “Construction site sign” means an on-premises sign for an approved construction project that publicizes the future building and occupants as well as the architects, engineers and construction organizations involved in the project.
H. “Directory sign” means an on-premises sign which shows the direction to or location of a customer entrance to a business.
I. “Election period” means the period beginning one hundred twenty days before and ending one day after any national, state, or local election in which city electors may vote.
J. “Flags” means fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.
K. “Monument sign” means an independent, freestanding structure supported on the ground as opposed to being supported on the building.
L. “Projecting sign” means any sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall.
M. “Roof sign” means any sign that is mounted on a roof or a parapet of a building.
N. “Sidewalk sign” means movable or permanent business identification signs placed in or attached to a public sidewalk.
O. “Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise or announce the purpose of a business or entity, or to communicate information of any kind to the public.
P. Sign Area. See Section 17.80.040(A) (Calculation of Sign Area).
Q. “Sign copy” means the area of a sign occupied by letters, numbers, graphics, or other content intended to inform, direct, or otherwise transmit information.
R. “Sign face” means the area of a sign where sign copy is placed.
S. “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
T. “Window sign” means a sign posted, painted, placed, or affixed in or on a window exposed to public view or within one foot and parallel to a window exposed to public view. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.030 Permit requirements.
A. Administrative Sign Permits. An administrative sign permit (Chapter 17.132) is required to install, construct, or enlarge a sign, except for:
1. Signs exempt from the permit requirements of this chapter as specified in Section 17.80.050 (Signs allowed without permits).
2. Signs requiring a sign permit as identified in subsection B of this section.
B. Sign Permits. Planning commission approval of a sign permit (Chapter 17.132) is required for the following types of signs and approvals:
1. New signs in the mixed use village (MU-V) zoning district.
2. Exterior neon signs.
3. Monument signs for more than four tenants.
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
4. Auto dealership signs in the C-R zoning district (Section 17.80.080(A)) that are not otherwise allowed with an administrative sign permit.
5. Adjustments to sign standards in low visibility areas in commercial zoning districts (Section 17.80.120(E)).
6. Signs that do not conform with permitted sign types and standards in Section 17.80.080 (Standards for specific types of signs).
7. Master sign programs (Section 17.80.130).
C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.
D. Message Neutrality.
1. It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech, and is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
2. Where necessary, the director will interpret the meaning and applicability of this chapter in light of this message neutrality policy.
E. Message Substitution.
1. Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign without consideration of message content.
2. Message substitutions are allowed by right without a permit.
3. This message substitution provision does not:
a. Create a right to increase the total amount of signage beyond that otherwise allowed or existing; b. Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies;
c. Allow a change in the physical structure of a sign or its mounting device; d. Allow the establishment of a prohibited sign as identified in Section 17.80.060 (Prohibited signs); or e. Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
F. City-Installed Signs. City-installed signs in all zoning districts do not require a permit.
G. Other Government-Installed Signs. Governmental agency-installed signs to carry out its responsibility to protect the public health, safety, and general welfare in all zoning districts do not require a permit.
H. Signs in the Coastal Zone.
1. If a proposed sign is located in the coastal zone, it may require a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone). Approval of a CDP requires conformance with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval).
2. Notwithstanding all applicable standards in this chapter, any sign that could reduce public coastal access, including signs limiting public parking or restricting use of existing lateral and/or vertical accessways, requires a CDP. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.80.040 Rules of measurement.
A. Calculation of Sign Area.
1. Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter forming a single geometric shape with no more than six sides. See Figure 17.80-1.
Figure 17.80-1: Measurement of Sign Area
2. Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.
3. The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed eighteen inches and the two faces are parallel with each other.
4. The area of spherical, free-form, sculptural or other nonplanar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 17.80-2.
Figure 17.80-2: Nonplanar Sign Area
B. Monument Sign Height Measurement. The height of a monument or other freestanding sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.050 Signs allowed without permits.
A. Types of Signs. The following signs are allowed without a planning permit and shall not be counted towards the allowable sign area or number of signs on a parcel:
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. On-site directional signs which do not include commercial messages or images, not to exceed three feet in height and six square feet in area.
2. Informational signs which do not include commercial messages or images, displayed for the safety and convenience of the public, providing information such as “restrooms,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” “coastal access,” and other signs of a similar nature.
3. Flags bearing noncommercial messages or graphic symbols.
4. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.
5. One bulletin board on a parcel occupied by a noncommercial organization, with a maximum area of twelve square feet.
6. Political signs during an election period located outside of a public street, path, or right-of-way except to the extent such signs are prohibited by state or federal law. Political signs may not exceed six feet in height and thirty-two square feet per unit.
7. Constitutionally protected noncommercial message signs not to exceed three feet in height, with a maximum of six square feet per unit; and six square feet per nonresidential property.
8. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.
9. Murals on the exterior of a building that do not advertise a product, business, or service.
10. Official or legal notices required by a court order or governmental agency.
11. Signs installed by a governmental agency within the public right-of-way.
12. Signs, postings, or notices required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.
13. Restaurant menu signs attached to a building, with a maximum area of three square feet.
14. Real estate listings posted in the window of a real estate office, with a maximum area of twenty-five percent of the total window area.
15. Residential signs not requiring a building permit as specified in Section 17.80.100 (Residential signs – Multi-unit properties).
16. Temporary signs allowed without a permit as provided in Section 17.80.110 (Temporary signs).
17. Vacation rental signs up to twelve inches by twelve inches.
18. Garage sale signs limited to the day of the garage sale.
B. Building Permit Review. Planning staff shall review all proposed signs listed in subsection A of this section that require a building permit to verify compliance with all applicable standards.
C. Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally established sign and utilize similar materials shall not require a planning permit.
D. Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally established sign shall not require a planning permit. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.060 Prohibited signs.
A. Prohibited Sign Types. The following types of signs are prohibited:
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, dilapidation, or abandonment.
2. Portable signs placed on the ground other than sidewalk signs permitted in the MU-V zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
3. Roof signs.
4. Signs emitting odors, gases, or fluids.
5. Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind, excluding flags and insignia of any government.
6. Digital display and electronic readerboard signs which allow the image on a sign to be changed by electronic control methods, except for digital gas and service station signs consistent with Section 17.80.080(H) (Gas and Service Station Signs) and parking garage signs consistent with Section 17.80.080(I) (Parking Garage Signs).
7. Animated signs, with the exception of clocks and barber poles.
8. Signs that emit sound.
9. Signs which simulate in size, color, lettering, or design a traffic control sign or signal.
10. Signs which flash, blink, change color, or change intensity.
11. Beacons.
12. Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.
13. Signs that have been abandoned, or whose advertised use has ceased to function for a period of ninety days or more.
14. Signs adversely affecting traffic control or safety.
15. Signs with exposed raceways.
16. Signs attached to trees.
17. Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by state agencies.
18. Signs erected for the dominant purpose of being seen by travelers on a freeway, except for auto dealership signs as allowed by Section 17.80.080(A) (Auto Dealership Signs).
19. Inflatable signs and balloons greater than fifteen inches in diameter, except for temporary auto dealership signs.
20. Signs on or affecting public property (e.g., “tenant parking only”) not placed there by the public entity having the possessory interest in such property.
21. All other signs not specifically permitted by or exempted from the requirements of this chapter.
B. Prohibited Sign Content.
1. The following sign content is prohibited:
a. Obscene or indecent text or graphics.
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. Text or graphics that advertise unlawful activity.
c. Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats. d. Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
2. The content prohibited by subsection (B)(1) of this section is either not protected by the United States or California Constitution or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subsection of subsection (B)(1) of this section be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitution. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.070 General sign standards.
A. Maximum Permitted Sign Area. Table 17.80-1 identifies the maximum cumulative/total sign area permitted on a property in each zoning district. Each business may have a mix of the sign types allowed by Section 17.80.080 (Standards for specific types of signs) provided the area of all signs on the property does not exceed the maximum established in Table 17.80-1.
Table 17.80-1: Sign Area Standards
Zoning District Area per Linear Foot of Building
Frontage
MU-V, MU-N 0.5 sq. ft. per linear foot 36 sq. ft. max
C-R, C-C, I 1 sq. ft. per linear foot 50 sq. ft. max
-VS, CF, P/OS [1] As determined through sign permit
PD As determined through the
development plan
Note:
[1] Sign requirements in the visitor serving overlay zone shall be as required by the base zoning district.
B. Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired promptly.
C. Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
D. Illumination.
1. Nonresidential signs may be internally or externally illuminated except where specifically prohibited.
Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Internally illuminated boxes are prohibited, except that the copy of an existing internally illuminated box sign may be replaced with a change of business.
2. The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians. 287
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
3. Exposed bulbs are not permitted.
4. Internal illumination is prohibited in the mixed use village (MU-V) and mixed use neighborhood (MU-N) zoning districts.
E. Materials and Design.
1. Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof material.
2. The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.
F. Location and Placement.
1. All signs shall be located on the same parcel as the business or use that it serves, except as otherwise allowed by this chapter.
2. Signs shall not obstruct the ingress to, or egress from, a door, window, fire escape, or other required accessway.
3. Signs shall not interfere with visibility at an intersection, public right-of-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. See Section 17.96.050 (Intersection sign distance).
G. Signs in the Public Right-of-Way.
1. No sign shall be permitted in the public right-of-way, except for:
a. Signs installed or required by a governmental agency. b. Awning, canopy, marquee, projecting, or suspended signs attached to a building wall subject to the requirements in Section 17.80.080 (Standards for specific types of signs). c. Sidewalk signs in the village mixed use (MU-V) zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
d. Shared auto dealership signs consistent with Section 17.80.080(A) (Auto Dealership Signs).
2. Any sign illegally installed or placed on public property shall be subject to removal and disposal as specified in Section 17.80.150 (Violations and enforcement). The city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.
3. Signs in the public right-of-way may require city approval of an encroachment permit. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.80.080 Standards for specific types of signs.
Signs consistent with the standards in this section are allowed with an administrative permit unless planning commission approval of a sign permit is specifically required. Signs that deviate from the standards in this section may be allowed with planning commission approval of a sign permit in accordance with Section 17.80.120 (Adjustment to sign standards).
A. Auto Dealership Signs.
1. In addition to signs allowed with an administrative sign permit (Section 17.80.030(A)), the planning commission may allow special auto dealership signage in the C-R zoning district with approval of a sign permit subject to the following standards:
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Location: on or adjacent to an auto dealership land use. b. Placement: ten feet minimum setback from property line abutting the public right-of-way. c. Maximum height: at or below roof line.
d. The planning commission shall review the sign permit application if the total combined sign area on the site exceeds one hundred square feet.
e. The planning commission may allow one shared sign used by multiple auto dealerships at the entry of Auto Plaza Drive which extends into or above the public right-of-way.
The planning commission may allow temporary auto dealership signage, such as signage on light poles and flags and pennants, that deviates from temporary sign standards in Section 17.80.110 (Temporary signs) with the approval of a sign permit.
B. Awning Signs.
1. Standards for awning signs in each zoning district are as shown in Table 17.80-2.
2. Awning signs shall be located on the awning above a display window or the entrance to the business it serves.
3. An awning sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Table 17.80-2: Awning Sign Standards
Awning Face Sign Awning Valance Sign
Zoning District Maximum Area Maximum Number Maximum Area Maximum Letter Height Maximum Number
MU-V, MU-N Sign permit required (Chapter 17.132)
75 percent of valance Two-thirds of valance
height
1 sign per awning
located on either the
awning face or the
awning valance
C-R, C-C 30 percent of awning
face 1 sign per awning
located on either the
awning face or the
awning valance I 20 percent of awning
face
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for awning signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for awning signs shall be established by the city council in the development plan.
C. Monument Signs.
1. Standards for monument signs in each zoning district are as shown in Table 17.80-3.
Table 17.80-3: Monument Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V 12 sq. ft.
4 ft. 1 per property
MU-N 16 sq. ft.
C-R 60 sq. ft.
8 ft. 1 per building frontage
C-C 35 sq. ft.
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Zoning District Maximum Area Maximum Height Maximum Number I 4 ft. 1 per building frontage
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for monument signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for monument signs shall be established by the city council in the development plan.
2. Monument signs shall be placed on the property of the business associated with the sign.
3. Where two monument signs are allowed on a corner parcel, each sign shall be placed at least two hundred feet from the intersection corner.
4. A monument sign for up to four tenants may be approved with an administrative sign permit. Monument signs listing more than four tenants require planning commission approval of a sign permit.
5. The area surrounding the base of a monument sign shall be landscaped consistent with Chapter 17.72 (Landscaping).
6. Monument signs shall be placed at least five feet away from any public or private driveway.
7. Monument signs shall be placed at least five feet behind sidewalk or property line, whichever is greater.
8. The height of a monument sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
9. Monument signs are not allowed in conjunction with wall signs on a property with three or fewer businesses.
D. Center Identification Signs.
1. Standards for center identification signs in each zoning district are as shown in Table 17.80-4.
2. Center identification signs shall identify the name of the center but may not include the name of any business or businesses within the center.
3. No more than one freestanding sign is permitted per center street frontage. If a monument sign is located along the center frontage, an additional center identification sign is not permitted.
Table 17.80-4: Center Identification Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V and MU-N Not permitted
C-R 60 sq. ft.
5 ft. 1 per shopping center
C-C 35 sq. ft.
I Not permitted
Note: In the planned development (PD) zoning district, standards for center identification signs shall be established by the city council in the development plan.
E. Directory Signs.
1. Standards for directory signs in each zoning district are as shown in Table 17.80-5.
2. Directory signs may not be legible from adjacent public rights-of-way. 290
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3. Directory signs shall identify the names of the occupants of the building or complex.
Table 17.80-5: Directory Sign Standards
Zoning District Maximum Area Maximum Height
MU-V 12 sq. ft.
4 ft.
MU-N 16 sq. ft.
C-R 30 sq. ft.
5 ft.
C-C 25 sq. ft.
I 25 sq. ft. 4 ft.
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for directory signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for directory signs shall be established by the city council in the development plan.
F. Wall Signs.
1. Standards for wall signs in each zoning district are as shown in Table 17.80-6.
2. Wall signs shall be attached parallel to the exterior wall of the business associated with the sign and may not extend above the top of building wall.
3. Wall signs may be in cabinets, on wood, or on similar material attached to the wall or painted directly on the wall.
4. Any portion of a wall sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
5. Wall signs are not allowed in conjunction with a monument sign on a property with three or fewer businesses.
6. On a corner lot, one wall sign is allowed per street frontage.
Table 17.80-6: Wall Sign Standards
Zoning District [1] Maximum Area Maximum Projection from Wall Maximum Number
MU-V, MU-N
MU-N
0.5 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft. max
1.0 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft.
4 in. 1 per shopfront
C-R, C-C, I [2] 1.0 sq. ft. per linear foot of shopfront, not to exceed 36 sq. ft. 12 in. 1 per shopfront
Notes:
[1] In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for wall signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for wall signs shall be established by the city council in the development plan. [2] Wall signs are not allowed in conjunction with a monument sign in the industrial (I) zoning district. 291
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Chapter 17.80 SIGNS
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G. Projecting Signs.
1. Standards for projecting signs in each zoning district are as shown in Table 17.80-7.
2. Projecting signs shall be attached to the ground-floor exterior wall of the business associated with the sign and may not extend above the top of the second-story finished floor.
3. Projecting signs shall maintain a minimum two-foot horizontal clearance from a driveway or street curb.
4. An encroachment permit must be obtained for all signs projecting over a public right-of-way.
5. A projecting sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Table 17.80-7: Projecting Sign Standards
Zoning
District
Maximum
Area
Maximum
Projection
from Wall
Maximum
Number
MU-V, MUN 4 sq. ft. 4 ft. 1 per business
entryway or
storefront
C-R, C-C, I
8 sq. ft. 4 ft.
1 per business
entryway or
storefront
Note:
In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for projecting signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for projecting signs shall be established by the city council in the development plan.
H. Gas and Service Station Signs. In addition to signs allowed with an administrative sign permit (Section
17.80.030(A)), the planning commission may allow special gas and service station signs that comply with the following standards:
1. A maximum of two signs, not exceeding four square feet, shall be allowed on each pump island to denote either full service or self-service.
2. No other signs will be allowed to be attached to pumps or islands other than required by state law. (See Business and Professions Code Section 13530.)
3. A six-foot-high monument sign which displays prices charged, credit cards accepted or special services rendered shall be allowed on each street frontage.
4. Digital changeable copy signs for gasoline pricing are permitted.
5. Two additional signs up to a maximum of one square foot are permitted to advertise ancillary services such as ATMs and propane. Such signs must be attached to another sign or structure and may not be a portable freestanding sign.
I. Parking Garage Signs. A maximum of one digital display sign not exceeding four square feet on each street frontage is permitted to show the number of available parking spaces.
J. Window Signs.
1. Standards for window signs in each zoning district are as shown in Table 17.80-8. 292
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2. Window signs may be attached only to the inside of a ground-floor window of the business associated with the sign.
3. Interior signs within one foot of a window and publicly visible from outside of the building shall be included in the calculation of sign area for the property.
Table 17.80-8: Window Sign Standards
Zoning District Maximum Area
MU-V, MU-N 25 percent of window
C-R, C-C, I 30 percent of window
Note:
In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for window signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for window signs shall be established by the city council in the development plan.
K. Sidewalk Signs.
1. Where Allowed. Sidewalk signs are permitted only in the MU-V zoning district consistent with the requirements of this section.
2. Permits Required.
a. Sidewalk signs consistent with this section and the approved BIA design as illustrated in Figure 17.80-3 can be issued an over-the-counter sign permit by the community development director. b. All sidewalk signs shall obtain an encroachment permit. The encroachment permit will identify the location and method used to drill a hole in the sidewalk and/or the location of a sign on a base. c. The owner of any business desiring to place a sidewalk sign on the city right-of-way shall provide an executed city hold harmless waiver and proof of liability insurance to the satisfaction of the city attorney in the amount of one million dollars prior to placing the sign within said right-of-way. 293
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Figure 17.80-3: Sidewalk Sign Standards and Design Concepts
3. Dimensions. Sidewalk signs shall comply with the dimension standards in Table 17.80-9.
Table 17.80-9: Sidewalk Sign Standards
Zoning
District
Sign Face Entire Sign
Maximum
Area
Maximum
Width
Maximum
Height
Maximum
Height [1]
MU-V 3.75 sq. ft. 18 in. 32 in. 58 in.
All Other
Zoning
Districts
Not permitted
Note:
[1] Measured from sidewalk to top of sign.
4. Number of Signs.
a. Only one two-sided sidewalk sign per business establishment is permitted. b. Multi-tenant developments are permitted one sidewalk sign per each common exterior public business entrance.
5. Materials and Design.
a. Sidewalk signs shall be attached to metal poles. Poles may be either drilled into the sidewalk or inserted into a moveable base. Moveable bases shall be constructed of metal, form a circle with a diameter of no more than eighteen inches, and must be approved as part of the sign permit. b. Lights, banners, flags or similar objects shall not be placed on or adjacent to sidewalk signs. c. Sign faces shall be constructed of solid wood, metal or similar durable and weatherproof material. d. No sidewalk sign may contain lights of any kind.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
6. Sidewalk Clearance.
a. The sidewalk in front of the business must be at least seventy-eight inches in width. b. Sidewalk signs shall not interfere with pedestrian ingress or egress as required by the building code or obstruct vehicular traffic sight distance requirements. A forty-eight-inch level clear path of travel on concrete or similar material must be maintained where the sign is located.
7. Separation from Other Sidewalk Signs. Sidewalk signs shall be spaced a minimum of thirty linear feet from all other permitted sidewalk signs.
8. Display During Open Hours. Sidewalk signs may be used only during the hours when the business is open to the public. At all other times the sign and base must be stored within the business premises.
9. Advertising Multiple Businesses. Individual signs may advertise more than one business.
10. Other Business Signage.
a. No other temporary advertising signs (Section 17.80.110) may be used at the same time as the sidewalk sign is in use.
b. All other signs on the property must be in conformance with the city’s sign regulations prior to a sidewalk sign permit being issued. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.090 Design standards.
A. Design Standards for Mixed Use Zoning Districts. The following design standards apply to all signs in the MU-V and MU-N zoning districts:
1. Signs shall preserve, complement, or enhance the architectural composition and features of the building to which it is attached. Signs may not cover or obscure significant architectural details of the building to which it is attached.
2. Signs shall be coordinated with the overall facade composition, including ornamental details and other signs on the building to which it is attached.
3. Signs shall be mounted to fit within existing architectural features. The shape of the sign shall be used to reinforce the relationship of moldings and transoms seen along the street.
4. Signs shall be located and designed so that they are legible when viewed from the sidewalk. Sign letter styles and sizes shall be designed for legibility from the sidewalk, not the street.
5. To the extent possible, sign attachment parts shall be reused in their original location (holes in the facade or fixing positions) to protect the original building materials.
6. Internally illuminated signs are prohibited in the MU-V and MU-N zoning districts.
7. Wiring conduit for sign lighting shall be carefully routed to avoid damage to architectural details and to be concealed from view as much as possible.
8. Sign materials and colors shall be compatible with the period and style of building to which is it is attached.
Sign panels shall avoid the extensive use of primary colors or significant areas of white or cream.
9. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
10. The sign will not have a significant adverse effect on the character and integrity of the surrounding area.
B. Design Standards for Commercial Zoning Districts. The following design standards apply to all signs in the C-C and C-R zoning districts:
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1. Sign design shall conform to and be in harmony with the architectural character of the building.
2. Signs shall be symmetrically located within a defined architectural space.
3. Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Large panel internally illuminated signs are prohibited.
4. The design of monument and other freestanding signs shall relate to the architecture of the building or development they serve. Exterior materials, finishes and colors shall be the same or similar to those of the building or structures on site.
5. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
C. Design Standards for Industrial Zoning District. Signs within the industrial (I) zoning district shall be constructed of metal or other materials consistent with the light industrial character of the zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.100 Residential signs – Multi-unit properties.
Multi-unit properties may display one or more master signs subject to the following requirements:
A. A master sign program (Section 17.80.130) has been approved for the multi-unit property.
B. Maximum allowable sign area: twenty square feet per property.
C. A master sign for a multi-unit property requires an administrative sign permit. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.110 Temporary signs.
A. Permitted Temporary Signs. Table 17.80-10 (Temporary Sign Standards) identifies temporary signs permitted either by right or with the approval of an administrative sign permit. The planning commission may allow other types of temporary signs or temporary signs that do not comply with the standards in Table 17.80-10 with approval of a sign permit.
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Table 17.80-10: Temporary Sign Standards
Sign Type Permit Required Use Restriction Maximum Number Maximum Area/Size Maximum Duration Auto Dealership Signs – Flags – Pennants – Balloons
None Auto dealerships on Auto Plaza
Drive only
No maximum 0.5 sq. ft. per linear business
frontage; 30 sq. ft. max; 1/3 of window max
Year-round; must be maintained in good condition
Commercial Banner Signs Administrative Sign Permit Nonresidential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
30 sq. ft. 30 continuous calendar days; no
more than 60 days each calendar year
Construction Site Signs – Residential
Administrative Sign Permit Residential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
Height: 5 ft. Area: 12 sq. ft.
From issuance of building permit to certificate of occupancy Construction Site Signs – Nonresidential
Administrative Sign Permit Commercial and industrial uses only
1 per 500 ft. of linear building frontage; 2 signs maximum Height: 8 ft.; 4 ft. in MU-V Area: 40 sq. ft.; 12 sq. ft. in MU-V From issuance of building permit to certificate of occupancy For Sale, Lease, and Rent Signs, Nonresidential
None Commercial and industrial uses
only
1 per property Height: 8 ft.
Area: 40 sq. ft.
1 year; director may approve extension
For Sale, Lease, and Rent Signs, Residential
None Residential uses only 1 per property Height: 4 ft.
Area: 6 sq. ft.
180 days; director may approve extension
Open House or Model Home None None 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.
Limited to day of open house
Special Event None Special events 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.
Limited to day of special event
Residential Subdivision Administrative Sign Permit Residential subdivisions and condominiums located in the city
1 per subdivision Height: 10 ft.
Area: 40 sq. ft.
180 days or upon the sale of the last unit, whichever comes first (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.80.120 Adjustment to sign standards.
This section establishes procedures to allow the planning commission to approve signs that deviate from certain standards to provide reasonable flexibility in the administration of the sign ordinance.
A. Permit Required. Adjustments to sign standards allowed by this section require planning commission approval of a sign permit.
B. Permitted Adjustments. The planning commission may allow adjustment to the following sign standards:
1. The type of sign allowed in nonresidential zoning districts (e.g., awning signs, monument signs).
2. Requirements for temporary signs.
3. The maximum permitted sign area up to a twenty-five percent increase.
4. The maximum permitted sign height up to a twenty-five percent increase.
C. Excluded Adjustments. The planning commission may not use the sign standards adjustment process to approve deviations to the following sign standards:
1. Prohibited signs (Section 17.80.060).
2. All general sign standards (Section 17.80.070) except maximum permitted sign area (Section 17.80.070(A)).
3. Maximum number of signs allowed per property.
4. Residential signs (Section 17.80.100).
D. Findings. The planning commission may approve an adjustment to sign standards as allowed by this section if the following findings can be made in addition to findings required to approve sign permit applications:
1. The sign will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.
2. The sign will not adversely impact neighboring properties or the community at large.
3. The adjustment is necessary due to unique characteristics of the subject property, structure, or use.
4. The sign will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.
5. The adjustment will not establish an undesirable precedent.
E. Low Visibility Commercial Properties.
1. In addition to adjustments allowed by subsections A through D of this section, the planning commission may allow additional adjustments to sign standards for low visibility properties in the C-R and C-C zoning districts.
A low visibility property means a property where signage consistent with applicable standards would not be easily visible from the street or sidewalk due to the width of street frontage, parcel depth or configuration, placement of buildings on the property, topography, vegetation, or other physical characteristic of the property.
2. Adjustments to sign standards for low visibility properties require planning commission approval of a sign permit.
3. Adjustments are allowed to required sign types, height, size, placement, and number. Adjustments may not allow for prohibited signs or monument signs.
4. The planning commission may approve additional or variations to any type of signage upon making the following findings:
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. The special signage, as designed and conditioned, is necessary and appropriate for the subject commercial site, in order to allow the site and the businesses located within it to be competitive with other businesses of a similar nature located elsewhere, and/or to be competitive with industry standards governing sale of the merchandise offered at the site.
b. The special signage, as designed and conditioned, will not have a significant adverse effect on the character and integrity of the surrounding area. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.130 Master sign program.
A. Purpose. The purpose of the master sign program is to provide a coordinated approach to signage for multifamily development and multi-tenant commercial developments.
B. Applicability. A master sign program is required for multifamily uses with more than one permanent sign proposed, and any nonresidential development with four or more tenants.
C. Permit Required. A master sign program requires planning commission approval of a sign permit.
D. Applications. Applications shall be filed with the planning department on the appropriate city forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed master sign program.
E. Master Sign Program Contents. All master sign programs shall identify the materials, color, size, type, placement and general design of signs located on a project or property.
F. Design Standards.
1. Master sign programs shall feature a unified and coordinated approach to the materials, size, type, placement and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs.
2. A master sign program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, sign area, and type of sign. A master sign program may not allow prohibited signs as identified in Section 17.80.060 (Prohibited signs).
G. Effect of Master Sign Program.
1. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.
2. Signs consistent with an approved master sign program are allowed with an administrative sign permit.
3. Approval of a master sign program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the master sign program shall be in compliance with this chapter. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.140 Nonconforming signs.
This section applies to all legally established signs that do not conform to current requirements in this chapter.
A. Continuation.
1. Except as required by subsection (A)(2) of this section, a nonconforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time it was established.
It is the applicant’s responsibility to demonstrate that the sign was legally established.
2. At time of review of a design permit application for a property with a nonconforming sign on the site, the planning commission shall review the existing nonconforming sign in conjunction with the design permit. The planning commission may allow the continuation of the nonconforming sign only upon finding the sign is 299
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. compatible with the design character and scale of the surrounding area and does not adversely impact the public health, safety, or general welfare.
B. Allowed Changes.
1. Changes to sign copy/face and repainting of legal nonconforming signs are permitted as long as there is no alteration to the physical structure or support elements of the sign.
2. A legal nonconforming sign that sustains less than fifty percent damage to its structure may be repaired to its original pre-damaged condition; provided, that such repair is completed within one hundred eighty days after the date of the damage.
C. Required Compliance. A legal nonconforming sign shall be removed or brought into compliance with this chapter in the following situations:
1. The use advertised by the sign has ceased to function for a period of ninety days or more.
2. The sign has sustained at least fifty percent damage to its structure.
3. The sign is located on a remodeled building facade.
4. The sign is relocated to a different lot or building. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.150 Violations and enforcement.
A. Illegal Signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this chapter.
B. Removal of Illegal Signs.
1. The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.
2. For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:
a. Describes the physical characteristics of the subject sign. b. Explains the nature of the violation.
c. States that the sign shall be removed or brought into compliance with this chapter within a specified number of days after the notice is received.
d. States that the city will remove the sign if the business owner or person responsible for the sign does not correct the violation within the specified number of days after the notice is received. e. States that the city may destroy the illegal sign if it is not retrieved within twenty days of removal by the city.
f. States that the business owner or person responsible for the sign is liable for all costs associated with the removal, storage, and destruction of the sign.
3. If an illegal sign is not removed or brought into compliance within the specified number of days after a notice is received, the city may issue a citation to the business owner or person responsible for the sign as provided in Title 4 (General Municipal Code Enforcement) and may remove or cause the removal of the sign.
4. Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal. 300
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5. A sign removed by the city shall be stored for a minimum of twenty days. If the sign is not retrieved by the business owner or person responsible for the sign within this twenty-day period, the city may destroy the sign. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.84 HISTORIC PRESERVATION
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.84
HISTORIC PRESERVATION
Sections:
17.84.010 Purpose.
17.84.020 Types of historic resources.
17.84.030 Architectural historian.
17.84.040 Adding or removing designated historic resource status.
17.84.050 Maintenance of potential historic resource list.
17.84.060 Criteria for designating historic resources.
17.84.070 Historic alteration permit.
17.84.080 Demolition of historic resources.
17.84.090 Historic preservation incentives.
17.84.010 Purpose.
This chapter establishes procedures for the classification of historic resources and requirements for alterations to these resources. These provisions are intended to preserve and enhance Capitola’s historic character while maintaining the ability of property owners to reasonably improve and modify historic homes and structures in Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.020 Types of historic resources.
The zoning code establishes two types of historic resources: designated historic resources and potential historic resources identified in the city’s list of potential historic resources. The city intends for both types of historic resources to be comprised primarily of structures from the pre-World War II era of Capitola’s history.
A. Designated Historic Resources. Designated historic resources include the following:
1. Resources listed on the National Register of Historic Places or determined by the State Historical Resources Commission to be eligible for listing on the National Register of Historic Places.
2. Resources listed on the California Register of Historical Resources or determined by the State Historical Resources Commission to be eligible for listing on the California Register of Historical Resources.
3. A contributing structure within a National Register Historic District (Venetian Court, Six Sisters, Lawn Way, and Old Riverview Districts).
4. Other resources officially designated by the city council as a designated historic resource based on the criteria in Section 17.84.060 (Criteria for designating historic resources).
B. Potential Historic Resource. A potential historic resource is a site, structure, or feature that has previously been identified by the city as potentially historic and is included on a list of potentially historic resources as maintained by the community development department consistent with Section 17.84.050 (Maintenance of potential historic resource list). The purpose of the list of potential historic resources is to maintain an inventory of properties that are potentially historic for use by city staff when reviewing development project applications. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.030 Architectural historian.
A. General.
1. The city of Capitola shall utilize the services of an architectural historian as specified in this chapter to assist with the review of development project applications and to advise on other matters associated with historic preservation in the city of Capitola.
2. The architectural historian must be certified by the state of California as a historic preservation professional and must be familiar with the history and architecture of the city of Capitola. 302
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3. When the services of the architectural historian are needed to assist with a development project application, all costs associated with the architectural historian’s services shall be paid for by the applicant.
B. Role. The architectural historian shall assist the city in the administration and enforcement of this chapter.
Specific duties may include:
1. Reviewing applications to add or remove designated historic resource status in accordance with Section
17.84.040 (Adding or removing designated historic resource status).
2. Recommending to the community development director additions or removal of structures from the city’s list of potential historic resources in accordance with Section 17.84.050 (Maintenance of potential historic resource list).
3. Completing DPR523 forms or equivalent documentation to record the historic significance of historic resources.
4. Reviewing historic alteration permit applications, design permit applications, and other applications involving a modification or potential impact to a historic resource.
5. Advising the city on other matters related to historic preservation in the city of Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.040 Adding or removing designated historic resource status.
A. Initiation. The city council, planning commission, or property owner may request to designate a property as a designated historic resource or remove such designation from a property.
B. Application Contents. An application by a property owner shall be on a form designated by the community development department and shall include the following information:
1. Photographs – Subject Property and Context.
a. Photographs of each exterior elevation of all buildings and structures on the site, including retaining walls and fences.
b. Photographs of exterior details (facade materials, porches, columns, cornices, window trim, wall materials, and fence materials).
c. Historic photographs of original structure if available.
2. Physical Condition – Written and Graphic. A detailed written description on the physical condition of the structure with supporting photographs.
3. Property History. A description of the history of the property, if known.
4. Requests to Remove Classification. A property owner may request to remove the designated historic resource status by submitting to the community development department a written request accompanied by a description with photograph documentation explaining the property’s lack of historic significance.
5. Additional Information. Any additional information requested by the community development director necessary to process and evaluate the application.
C. Application Review. The community development director shall review applications for adequacy and completeness under the requirements of this section. The application shall be reviewed by the city’s architectural historian to assess whether the property exhibits characteristics for classification as a designated historic resource described in Section 17.84.060 (Criteria for designating historic resources). If the property exhibits characteristics for classification, the architectural historian will complete a DPR523 or equivalent for the city’s records. A staff report with a recommendation on the approval, approval with conditions, or denial of the application based upon the 303
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Chapter 17.84 HISTORIC PRESERVATION
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. evaluation of the proposed historic resource classification shall be prepared by the community development department for planning commission consideration.
D. Planning Commission Recommendation. The planning commission shall review a designated historic resource application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings) and provide a recommendation to approve, conditionally approve, or deny the application.
E. City Council Action. The city council shall approve, conditionally approve, or deny the application by resolution.
The action of the city council is final.
F. Effect of Classification. The classification of a designated historic resource shall run with the land and be binding to subsequent owners of the property. Upon classification, the city shall add the structure to the city’s designated historic resource list. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.050 Maintenance of potential historic resource list.
A. Authority to Maintain. The community development director shall be responsible for maintaining the list of potential historic resources. The director may add or remove structures from the list based on input from an architectural historian.
B. Additions to List. Any structure added to the potential historic resource list shall meet one or more of the criteria in Section 17.84.060(B) (Potential Historic Resource). The property owner shall be notified in writing of a decision to add a property to the list. Decisions of the community development director to add a property to the list may be appealed to the planning commission.
C. Removal of Listed Structures. A property owner may request the removal of a property from the historic structure list by submitting to the community development department a written request accompanied by a description with photograph documentation explaining the property’s lack of historic significance. Decisions of the community development director to maintain a structure on the list despite a request for its removal by the property owner may be appealed to the planning commission. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.060 Criteria for designating historic resources.
A. Designated Historic Resources. Designated historic resources represent particularly noteworthy community resources that exemplify the city’s unique historic identity, primarily from the pre-World War II era of Capitola’s history. Designated historic resources possess iconic landmark status that contribute to Capitola’s unique sense of place due to physical characteristics of the resource visible from a public place. The city council may classify a property as a designated historic resource if it meets any of the following criteria:
1. It exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, architectural or natural history.
2. It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the uses of indigenous materials or craftsmanship.
3. It is an example of a type of building once common in Capitola but now rare.
4. It contributes to the significance of a historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related groupings of properties which contribute to each other and are united aesthetically by plan or physical development.
B. Potential Historic Resource. Based on a recommendation from the city’s architectural historian, the community development director may add a structure to the potential historic resource list if it meets any of the above criteria for classifying a designated historic resource or any of the following criteria:
1. It has a unique location or singular physical characteristic or is a view or vista representing an established and familiar visual feature of a neighborhood, district, or the city.
2. It embodies elements of architectural design, detail, materials or craftsmanship that represent a significant structural or architectural achievement or innovation.
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3. It is similar to other distinctive properties, sites, areas or objects based on a historic, cultural or architectural motif.
4. It is one of the few remaining examples in the city, region, state or nation possessing distinguishing characteristics of an architectural or historic type or specimen. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.070 Historic alteration permit.
A. Purpose. A historic alteration permit is an approval required to alter the exterior of a historic resource.
B. Requirement for Designated Historic Resources. A historic alteration permit is required for any exterior alteration to a designated historic resource as defined in Section 17.84.020 (Types of historic resources).
C. Requirement for Potential Historic Resource.
1. When Permit Is Required. A historic alteration permit is required for an alteration to a potential historic resource if:
1a. The project requires a discretionary approval (e.g., design permit, coastal development permit); and 2b. The community development director determines that the project may result in a significant adverse impact of a historic resource as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15064.5. A structure found not to be historically significant through a historic evaluation does not require a historic alteration permit.
D2. Historic Resource Assessment and Consultation. A proposed alteration to a designated historic resource or a potential historic resource that requires a discretionary permit will be reviewed by the city’s architectural historian to assess if the project may result in a significant adverse impact of a historic resource. The community development director shall use this assessment to determine if the findings of approval for the historic alteration permit can be made. Review by the city’s architectural historian is not required for in-kind repairs in accordance with subsection FE of this section (Exception for Preservation and In-Kind Rehabilitation).
ED. Alteration Defined. As used in this chapter, “alteration” means any exterior change or modification to a structure, cutting or removal of trees and other natural features, disturbance of archaeological sites or areas, and the placement or removal of any accessory structures affecting the exterior visual qualities of the property. Painting is not considered an alteration unless painted features are designated as significant or characteristic of a historic resource.
FE. Exception for Preservation and In-Kind Rehabilitation. A historic alteration permit is not required for preservation or rehabilitation due to damage to windows, doors, trim, or other similar building elements. The rehabilitation shall be in-kind, matching the original design in size, detail, materials, and function. To qualify for this exception, the applicant must provide evidence of original design and details of the in-kind replacement.
GF. Review Authority. The planning commission shall take action on all applications for a historic alteration permit.
HG. Application Requirements. Applications for a historic alteration permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department together with all required application fees.
IH. Public Notice and Hearing. The planning commission shall consider applications for a historic alteration permit at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
JI. Findings for Approval. The planning commission may approve a historic alteration permit only if all of the following findings can be made:
1. The historic character of a property is retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the property is avoided. 305
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2. Distinctive materials, features, finishes, and construction techniques or examples of fine craftsmanship that characterize a property are preserved.
3. Any new additions complement the historic character of the existing structure. New building components and materials for the addition are similar in scale and size to those of the existing structure.
4. Deteriorated historic features are repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and, where possible, materials.
5. Archaeological resources are protected and preserved in place. If such resources must be disturbed, mitigation measures are undertaken.
6. The proposed project is consistent with the general plan, the local coastal program, any applicable specific plan, the zoning code, and the California Environmental Quality Act (CEQA).
7. If a proposed development is located in the coastal zone and requires a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone), approval of a CDP requires compliance listed in this subsection I and the CDP findings as specified in Section 17.44.130 (Findings for approval).
KJ. Conditions of Approval. The planning commission may attach conditions of approval to a historic alteration permit to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
LK. Appeals. Decisions on historic alteration permits may be appealed as described in Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)
17.84.080 Demolition of historic resources.
A. Permit Required. The demolition of a historic resource requires approval of a historic resource demolition permit.
B. Review Authority.
1. The planning commission takes action on historic resource demolition permit applications to demolish a potential historic resource.
2. The planning commission recommends and the city council takes action on historic resource demolition permit applications to demolish a designated historic resource.
C. Application Submittal and Review. Applications for a historic resource demolition permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department together with all required application fees to the satisfaction of the community development directorCDD or planning commission. The city may require third-party review of these materials at the applicant’s expense. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F of this section (Findings for Approval).
D. Planning Commission Recommendation. For historic resource demolition permit applications to demolish a designated historic resource, the planning commission shall provide a recommendation to the city council on a historic resource demolition permit at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings). The planning commission shall base its recommendation on the findings specified in subsection F of this section (Findings for Approval).
E. Public Notice and Hearing. The review authority shall review and act on a historic resource demolition permit at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
F. Findings for Approval. To approve a historic resource demolition permit, the review authority shall make one or more of the following findings:
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1. The structure must be demolished because it presents an imminent hazard to public health and safety as determined by a licensed structural engineer.
2. The structure proposed for demolition is not structurally sound despite evidence of the applicant’s efforts to rehabilitate and properly maintain the structure.
3. The rehabilitation or reuse of the structure is economically infeasible. Economic infeasibility shall be demonstrated by preparing actual project costs and by comparing the estimated market value of the property in its current condition, after rehabilitation and after demolition.
4. No feasible alternative use of the structure exists that can earn a reasonable economic return.
G. Limitations on Findings of Economic Hardship. The review authority may not approve a historic resource demolition permit if an economic hardship was caused by any of the following:
1. Willful or negligent acts by the applicant.
2. Purchasing the property for substantially more than market value.
3. Failure to perform normal maintenance and repairs.
4. Failure to diligently solicit and retain tenants.
5. Failure to prescribe a rental amount which is reasonable for the current market.
6. Failure to provide normal tenant improvements.
H. Post-Decision Procedures. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) shall apply to historic resource demolition permits. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.090 Historic preservation incentives.
A. Mills Act Agreement. Upon request of the owner of a designated historic resource, the city council may elect to enter into a Mills Act agreement with the owner. See Government Code Section 50280 et seq. The Mills Act agreement shall run with the land and be binding upon subsequent owners of the designated historic resource. If the city council elects to enter into a Mills Act agreement, the city shall file the Mills Act agreement for recording with the county recorder.
B. California Historical Building Code. The California Historical Building Code (Title 24, Part 8) shall apply to all designated historic resources to facilitate the preservation and continuing use of the building while providing reasonable safety for the building’s occupants and access for persons with disabilities.
C. Grant or Loan Priority. The city shall give the highest priority to designated historic resources when distributing grants or loans whose purpose is historic preservation.
D. Permitting Fees.
1. The city councilCity shall may waive reimburse application and review fees for planning permits required for development projects that preserve, retain, and rehabilitate a historic structure.
2. Planning permit application and review fees shall may be waived reimbursed only for significant rehabilitations of noteworthy historic structures. Fee reimbursements are not permitted, not for remodels or additions to older homes structures that would not substantially advance the city’s historic preservation goals. Fee reimbursements are permitted only for listed historic resources as defined in Section 17.84.020 (Types of Historic Resources). Fee reimbursements shall be approved by the permit review authority when acting on the permit application.
4. Required third-party reviews to determine eligibility for fee waivers shall be paid for by the applicant. 307
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E. Modifications to Development Standards. The city council may approve modifications to development standards in the applicable zoning district, such as parking and setbacks, if the modification is necessary to allow for the preservation, rehabilitation, or restoration of a historic resource, and if coastal resources are protected. Modifications associated with specific coastal resource standards (e.g., ESHA setbacks, geologic hazard setbacks, etc.) are not allowed. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.96 SUPPLEMENTAL STANDARDS
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Chapter 17.96
SUPPLEMENTAL STANDARDS
Sections:
17.96.010 Purpose.
17.96.020 Animal keeping.
17.96.030 Emergency shelters.
17.96.040 Home occupations.
17.96.050 Intersection sight distance.
17.96.060 Large commercial land uses.
17.96.070 RepealedSupportive Housing.
17.96.080 Large residential care facilitiesReserved.
17.96.090 Offshore oil development support facilities.
17.96.100 Permanent outdoor displays.
17.96.110 Outdoor lighting.
17.96.120 Placement of underground utilities.
17.96.130 Recycling collection facilities.
17.96.140 Self-storage facilities.
17.96.150 Solar energy systems.
17.96.160 Soquel Creek Riverview Pedestrian Pathway.
17.96.170 Outdoor dining in public right-of-way.
17.96.180 Temporary uses and structures.
17.96.190 Generators.
17.96.200 Low Barrier Navigation Centers
17.96.210 Demolition and Replacement of Dwelling Units
17.96.220 No Net Loss of Housing Element Sites
17.96.230 Housing on Religious Facilities Sites
17.96.010 Purpose.
This chapter establishes supplemental standards for land uses, activities, and development that apply in all zoning districts. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.020 Animal keeping.
A. General Standards. The following standards apply to the keeping of all animals in Capitola:
1. Public Health and Safety. It shall be unlawful and shall constitute a nuisance to keep any animal that poses a threat to public health or safety.
2. Animal Noise. In addition to the standards in Chapter 9.12 (Noises), no animal may disturb neighbors with its noise between sunset and one-half hour after sunrise.
3. Sanitation. It shall be unlawful and shall constitute a nuisance for any person to keep animals in an unsanitary manner or produce obnoxious odors. All debris, refuse, manure, urine, food waste, or other animal byproduct shall be removed from all the premises every day or more often as necessary.
4. Property Confinement. Animals other than household pets, where allowed, shall be confined to the property within a fenced yard.
B. Household Pets.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Compliance with General Standards. The keeping of dogs, cats, domesticated birds, rabbits, rodents, reptiles and amphibians, potbelly pigs less than one hundred fifty pounds, and other household pets is permitted provided they comply with subsection A of this section.
2. Maximum Number. A maximum of four of each type of household pet with a maximum of eight pets total is permitted in a single dwelling unit.
C. Chickens.
1. Permitted Location. Keeping of chickens is permitted only on properties of five thousand square feet or more occupied by a single-family dwelling.
2. Prohibitions on Roosters. Only hens are permitted pursuant to this chapter. Roosters are prohibited.
3. Number of Chickens. A maximum of four chickens is permitted on a single property.
4. Enclosure Requirement. Chickens shall be kept in a coop which is sufficient to contain chickens. When outside of a coop, chickens shall be confined to the property within a fenced yard.
5. Location of Coops.
a. Chicken coops must be located behind the primary structure on the lot. b. Chicken coops may not be located within a required front and side setback area or closer than twenty feet to dwelling units on adjacent properties.
D. Honeybees.
1. Permitted Location. Keeping of beehives is permitted only on properties occupied by a single-family dwelling.
2. Minimum Lot Size and Number of Hives. A maximum of one beehive is permitted on properties of at least five thousand square feet.
3. Location of Beehives. Beehives shall be located behind the primary structure on the property. Beehives shall not be located closer than twenty feet to dwellings on adjacent properties or five feet from a property line.
E. Prohibited Animals. Keeping the following animals is prohibited:
1. Roosters, fowl other than chickens and ducks, goats, pigs other than potbelly pigs, and other livestock.
2. Wild animals as defined in Section 2118 of the California Fish and Game Code, except when authorized by the State Department of Fish and Game under Fish and Game Code Section 2150 et seq. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.030 Emergency shelters.
In addition to development standards in the applicable zoning district, Eemergency shelters will shall comply with the following standards:
A. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of 35 beds and shall serve no more than 35 homeless persons at any one time.
B. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member when the greatest number of employees are on duty, not to exceed 1 space per 300 square feet of facility floor area.
C. Waiting and Intake Areas. All waiting and intake areas shall be located completely within the building.
D. Onsite Management. The emergency shelter shall provide onsite management during all hours of operation. 310
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
E. Proximity to Other Shelters. No emergency shelter shall be located within 300 feet of another emergency shelter.
F. Length of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelvemonth period.
GA. Lighting. Adequate Eexternal lighting shall be provided for security purposes. The lighting shall be stationary and, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
HB. Physical Characteristics. Emergency shelters shall comply with applicable state and local housing, building, and fire code requirements.
C. Security. Facilities shall have on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
D. Laundry Facilities. Facilities shall provide laundry facilities or services adequate for the number of residents.
E. Common Facilities. Facilities shall contain amenities appropriate to the population to be served to include the following:
1. Central cooking and dining room.
2. Recreation room.
3. Counseling services.
4. Child care facilities.
5. Other support services.
F. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m.
G. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with city requirements for accessory refuse structures. The storage area shall accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the community development director. The refuse enclosure shall be accessible to refuse collection vehicles.
H. Emergency Shelter Provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. Temporary shelter shall be available to residents for no more than six months.
2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
3. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, and permitting department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrated compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
I. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
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J. Transportation Plan. A transportation plan is required.
K. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
L. Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per occupant.
M. Development Standards. An emergency shelter must comply with all development standards in the industrial (I) zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.040 Home occupations.
A. Required PermitBy Right Use. An administrative permit is required to establish or operate aA home occupation that complies with this section is permitted by right. No permits or approvals from the community development department are required.
B. Standards. All home occupations shall comply with the following standards:
1. Size. Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.
2. Sales and Displays. Products may not be sold on site directly to customers within a home occupation. Home occupations may not establish window displays of products to attract customers.
3. Advertising. No newspaper, radio, or television service shall be used to advertise the location of business; however, contact information, including phone numbers and email address, are allowed on advertisements.
4. Signs. One single, nonilluminated, wall-mounted outdoor sign of not more than one square foot in area is permitted.
5. Vehicle Traffic. A home occupation may not generate vehicle traffic greater than normally associated with a residential use. No excessive pedestrian, automobile, or truck traffic may be introduced to the neighborhood as a result of the home occupation.
6. Deliveries. Deliveries and pick-ups for home occupations may not interfere with vehicle circulation, and shall occur only between eight a.m. and eight p.m., Monday through Saturday.
7. Mechanical Equipment. Mechanical equipment that is not normally associated with a residential use is prohibited.
8. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.
9. Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.
10. Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit.
11. On-Site Client Contact. No more than one client/customer at the property at one time. Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).
12. Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from the property line.
C. Permit Revocation. An administrative permit for a home occupation that violates any of the standards in subsection B of this section (Standards) may be revoked consistent with Section 17.156.110 (Permit revocation). (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.96.050 Intersection sight distance.
A. Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way and adjacent to driveways for the purpose of traffic safety.
B. Vision Triangle Defined.
1. Intersections. The intersection vision triangle shall be the area formed by measuring thirty feet along the major street front property line and twenty feet along the minor street property line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-1.
2. Driveways. The driveway vision triangle is the area formed by measuring fifteen feet along the driveway and the street from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-
1. C. Maintenance of Sight Lines.
1. No structure, vehicle, object, or landscaping over thirty inches in height may be placed within a vision triangle, except as allowed by subsection (C)(2) of this section.
2. Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision triangle.
Figure 17.96-1: Vision Triangles
(Ord. 1043 § 2 (Att. 2), 2020)
17.96.060 Large commercial land uses.
A. Purpose and Applicability. This section establishes special findings that the planning commission must make to approve a conditional use permit for commercial land uses with more than twelve thousand square feet of floor area within one or more buildings. This requirement applies to all proposed new commercial land uses except for:
1. Uses already specifically approved in an applicable master conditional use permit pursuant to Section
17.124.100 (Master use and tenant use permits); and
2. Uses within a shopping center or mall with a floor area of three hundred thousand square feet or more.
B. Findings. To approve a conditional use permit for a commercial land use with twelve thousand square feet or more of floor area, the planning commission shall make the following findings in addition to the findings in Section
17.124.070 (Findings for approval):
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1. Vehicle traffic and parking demand created by the proposed use will not have substantial adverse impacts on properties within the vicinity of the subject property.
2. The structure occupied with the proposed use is compatible with the scale and character of existing structures in the surrounding area.
3. The proposed use is compatible with existing land uses in the surrounding area.
4. The size of the proposed use is similar to the average size of similar uses located in the surrounding area.
5. The use will support the surrounding local economy and attract visitors to the commercial area.
C. Purpose of Findings. The purpose of additional findings for large commercial uses is to enable the planning commission to ensure that all new uses and development are consistent with the general plan and compatible with the character of existing neighborhoods and districts. These findings are not intended to involve the city in the normal competition that arises between similar businesses in Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.070 Large home day careSupportive Housing.
Supportive housing is allowed by right in all zones where multiple-family and mixed uses are permitted, including nonresidential zones permitting multiple-family uses, provided that the use satisfies all requirements in Government Code Section 65651.
Repealed by Ord. 1057. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.080 Large residential care facilities.Reserved
Large residential care facilities shall comply with the following standards:
A. Separation. A large residential care facility in a residential zoning district shall not be located within five hundred feet of another large residential care facility.
B. Screening and Landscaping. A wall or fence shall be provided for purposes of screening and securing outdoor recreational areas in compliance with Chapter 17.60 (Fences and Walls).
C. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services. Large residential care facilities shall be operated according to all applicable state and local regulations.
D. Safety Compliance. The applicant is required to have the facility inspected and submit a letter of compliance from the following:
1. City Building Department. The facility shall be inspected and brought into compliance with the building codes relative to the proposed use.
2. Fire Marshal. The facility shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.090 Offshore oil development support facilities.
A. Prohibition. There shall be no construction, reconstruction, operation, or maintenance of any commercial or industrial offshore oil development support facility within the city of Capitola.
B. Facilities and Activities Included in Prohibition. Prohibited facilities and activities include, but are not limited to:
1. Oil or gas storage facilities, pipe and drilling materials, or equipment repair or storage facilities, which operate directly in support of any offshore oil or gas exploration, development, drilling, pumping or production.
2. Construction, reconstruction, or operation of facilities to process any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations. (Ord. 1043 § 2 (Att. 2), 2020) 314
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.96.100 Permanent outdoor displays.
A. Permitted Displays. A single permanent outdoor display of retail goods that complies with this section is permitted as an accessory use to a primary commercial use in the mixed use, commercial, and industrial zoning districts, except in the MU-V zoning district, where permanent outdoor displays are prohibited.
B. Permits Required. Permanent outdoor displays require planning commission approval of a conditional use permit.
C. Standards.
1. Height. Displayed items shall not exceed six feet in height.
2. Size. Display areas are limited to six feet wide or ten percent of the width of the front building elevation. A display area may extend a maximum of three feet from the front building wall.
3. Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may sell merchandise in an outdoor display area.
4. Hours. Items shall be displayed only during the operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.
5. Screening. If outdoor display areas are proposed as part of a project subject to discretionary review (e.g., conditional use or design permit) and approval by the city, the review authority may require that display areas be screened from view from neighboring properties with a solid wall, fence, or landscaped berm.
6. Vending Machines. Vending machines are not permitted as part of an outdoor display. Vending machines are considered an accessory use requiring planning commission approval of a conditional use permit.
7. Design Standards.
a. Outdoor displays shall be designed to enhance the shopping environment. The outdoor display shall be designed to complement the architecture of the building and public realm. b. Outdoor displays shall be self-supporting, stable, and constructed to withstand wind or contact. The display shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, and trees.
c. Outdoor displays may not contain any information which would routinely be placed on a business sign located on the building such as the name or type of business, hours of business operation, business logo, brand name information, etc. The outdoor display may include a sign which indicates the price of the display items or simply indicates a “sale” on the items limited in size to four square inches. d. Outdoor displays shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires.
8. Location.
a. All outdoor display areas shall be located on the same parcel as the primary commercial use. b. Outdoor display areas may not be placed within any permanent landscaped area, required parking space, or loading area.
c. No items may be displayed within the public right-of-way, including public sidewalks. d. Outdoor display areas may not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.
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