Capitola City Council
October 24, 2024

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

D. Exceptions to Standards. The planning commission may grant exceptions to the standards in subsection C of this section with a conditional use permit upon finding that the exception is necessary and that the outdoor display with the exception will comply with the basic intent of the standards. (Ord. 1043 § 2 (Att. 2), 2020)

17.96.110 Outdoor lighting.

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

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

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

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

3. Temporary construction and emergency lighting; and

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

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

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

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

1. Exposed bulbs and/or lenses;

2. Mercury vapor lights; and

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

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

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

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

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

3. No light or activity may cast light exceeding one-half foot-candle onto a residentially zoned parcel or any parcel containing residential uses.
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

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

All lighting shall be sited and designed so that it limits the amount of light or glare visible from public viewing areas (including but not limited to the beach and other such natural areas) to the maximum extent feasible (including through uses of lowest luminosity possible, directing lighting downward, directing lighting away from natural areas, etc.). In addition, exterior lighting adjacent to habitat areas shall be wildlife-friendly and shall use lamps that minimize the blue end of the spectrum. All lighting that requires a CDP shall also be subject to a CDP finding that such lighting does not adversely impact significant public views. (Ord. 1043 § 2 (Att. 2), 2020)

17.96.120 Placement of underground utilities.

New construction or additions that increase existing floor area by twenty-five percent or more shall place existing overhead utility lines underground to the nearest utility pole. Establishing an accessory dwelling unit in conformance with Chapter 17.74 of this code (Accessory Dwelling Units) does not require placing existing overhead utility lines underground. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.96.130 Recycling collection facilities.

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

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

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

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

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

E. Parking Areas.

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

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

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

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

H. Location.

1. Mobile vending facilities shall be located in a designated area without eliminating the required parking or landscaping.

2. Facilities shall be at least one hundred feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. 317
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

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

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

L. Facility Information and Display.

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

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

M. Signs. Signs may be provided as follows:

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

N. Landscaping. The facility shall comply with all landscaping standards required by Chapter 17.72 (Landscaping) and other city ordinances. (Ord. 1043 § 2 (Att. 2), 2020)

17.96.140 Self-storage facilities.

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

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

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

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

3. Streets and other means of egress are adequate to serve the proposed self-storage facility. (Ord. 1043 § 2 (Att. 2), 2020)

17.96.150 Solar energy systems.

A. Required Permits.

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

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

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

C. Mixed Use Village Zoning District. Rooftop solar facilities in the mixed use village zoning district shall be located and designed to minimize visibility from a street or other public place to the greatest extent possible. 318
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

E. Coastal Development Permit. A proposed solar energy system may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zone) if any part of the site is located in the coastal zone and the proposed development shall conform with the coastal development permit findings for approval as specified in Section 17.44.130 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)

17.96.160 Soquel Creek Riverview Pedestrian Pathway.

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

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

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

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

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

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

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

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

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

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

J. A maximum of two freestanding lights are allowed for each deck to a maximum height of eight feet. (Ord. 1043 § 2 (Att. 2), 2020)

17.96.170 Outdoor dining in public right-of-way.

A. Purpose. This section establishes standards and permit requirements for outdoor dining in the public right-ofway.

B. Definitions.

1. Outdoor Dining. “Outdoor dining” means both sidewalk dining and street dining decks.

2. Sidewalk Dining. “Sidewalk dining” means the use of an outdoor sidewalk area within the public-right-ofway, by a private business that is an eating and drinking establishment, for eating and drinking activities.

3. Street Dining Deck. A “street dining deck” means a platform or similar level surface within the public rightof-way and extending beyond the curb and into a roadway or on-street parking area for use by a private business that is an eating or drinking establishment.
a. Custom Street Dining Deck. A “custom street dining deck” is a street dining deck designed by the applicant.
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. Prototype Street Dining Deck. A “prototype street dining deck” is a street dining deck utilizing a design that has been authorized by the city and has received all necessary permits and authorizations.

C. Where Allowed.

1. Sidewalk Dining.
a. Sidewalk dining is allowed in the MU-N, MU-V, C-C, and C-R zoning districts. b. In the MU-V zoning district, sidewalk dining is allowed only on Monterey Avenue, Capitola Avenue, and on the Capitola Wharf immediately adjacent to the restaurant it serves.

2. Street Dining Decks. Street dining decks are allowed only in the MU-V zoning district and only on the Esplanade, Monterey Avenue, Capitola Avenue, and San Jose Avenue.

D. Maximum Number of On-Street Parking Spaces. A maximum of twenty-five total on-street parking spaces may be used for street dining decks. Spaces shall be allocated by the city manager in accordance with administrative policies issued pursuant to this section. On-street parking spaces utilized for in-lieu bicycle parking shall count toward the maximum twenty-five spaces.

E. Permits and Approvals.

1. Required Permits. Table 17.96-2 shows permits required for sidewalk dining and street dining decks.

Table 17.96-2: Permits Required for Outdoor Dining in Public Right-of-Way Type of Outdoor Dining Permit Required [2]
[3]
Zoning Code
Chapter
Sidewalk Dining Design Permit 17.116
Street Dining Decks
Prototype
Street Dining
Deck [1]
Administrative
Permit

17.116
Custom Street
Dining Deck
Design Permit 17.120
[1] Prototype dining deck designs are identified in the adopted Village Outdoor Dining Program Administrative Policy No. I-36 and as specified by an approved coastal development permit.
[2] Outdoor dining in the public right-of-way also requires an encroachment permit pursuant to Chapter 12.56 of this code. Minor encroachment permits for applications for prototype street dining decks may be issued by the public works director and major encroachment permits for custom street dining decks may be issued by the planning commission. [3] A street dining deck or sidewalk dining area located in the coastal zone may also require a coastal development permit (CDP) as specified in Chapter 17.44 of this code (Coastal Overlay Zone).

2. Administrative Permit Standards. All applications for an administrative permit are reviewed and acted on by the community development director and must comply with the following standards:
a. The street dining deck must be designed consistent with a prototype design approved by the city and received all necessary permits and authorizations.
b. The street dining deck must comply with all applicable requirements of this section, the zoning code, and all other applicable laws, administrative policies, rules, and regulations. c. If located in the coastal zone, the street dining deck is consistent with the local coastal program and will not adversely impact coastal resources, coastal access, and coastal views. d. The street dining deck must utilize high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather.
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. e. The street dining decks must use the prototype street dining deck design authorized by a valid coastal development permit and shall be subject to the prototype street dining deck coastal development permit findings and conditions.

3. Design Permit Findings. All applications for a design permit (and any required coastal development permit) are viewed and acted on by the planning commission. Notwithstanding Section 17.120.080 (Findings for approval), for design permits issued pursuant to this section, the planning commission shall make the following findings and need not make those findings set forth in Section 17.120.080:
a. The sidewalk dining area or street dining deck complies with all applicable requirements of this section, the zoning code, and all other applicable laws, administrative policies, rules, and regulations. b. If located in the coastal zone, the sidewalk dining area or street dining deck is consistent with the local coastal program and will not adversely impact coastal resources, coastal access, and coastal views, and has been authorized through a valid coastal development permit. c. The design of the sidewalk dining area or street dining deck supports a safe, inviting, and lively public realm consistent with the purpose of the MU-V zoning district as provided in Section 17.20.040 (purpose of the mixed use zoning districts).
d. The sidewalk dining area or street dining deck materials include high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather.

4. Good Standing. An applicant must be in good standing to apply for a permit for outdoor dining. For purposes of this section, “good standing” shall mean that within the twenty-four months directly preceding submission of a complete application for an administrative permit or design permit, the applicant has not been issued a notice of abatement, violation, or been subject to any code enforcement proceedings related to an ABC license, entertainment permit, or use permit by the city or any other regulatory or permitting agency. Any courtesy code enforcement notice received by the applicant was corrected by the applicant within the date specified on the courtesy notice retains the applicant’s good standing.

5. Other Permits and Approvals.
a. Sidewalk and street dining decks are subject to all other applicable permits, licenses and/or entitlements required by state or local law.
b. A street dining deck or sidewalk dining area located in the coastal zone shall require a coastal development permit (CDP) as specified in Chapter 17.44 of this code (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), as well as conformance with the requirements specified in this section. c. CDP Recertification Requirement. All CDPs issued for outdoor dining permits shall require recertification by the city council no later than three years after the CDP is issued, and every five years thereafter. Recertification shall require a public hearing before the city council. City staff will initiate the recertification process by providing notice to the applicant of the hearing date, at least thirty days in advance of the public hearing.

For a CDP to be recertified, the city council must find that the subject project is operating in compliance with the findings and conditions of the CDP and in compliance with the LCP. The city council may recertify, modify, or revoke the CDP. The city council’s decision shall be a final action.

The project applicant, any aggrieved person, or any two members of the Coastal Commission may appeal the city council decision. Appeal procedures for coastal development permits shall be as specified in Section 17.44.150.

F. Administrative Policies.
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

1. The city council is authorized to issue administrative policies regarding the administration and leasing of the public right-of-way for sidewalk dining and street dining decks, including but not limited to the application and selection process for applicants, maintenance requirements, and other related policies.

2. In the event of any conflict between the provisions of this chapter and the administrative policy, the more restrictive requirement shall control.

G. Operating and Development Standards. All sidewalk dining and street dining decks shall comply with the following standards:

1. Must Serve Eating and Drinking Establishment. Outdoor dining in the public right-of-way is allowed only when incidental to and a part of an “eating and drinking establishment” as defined in Chapter 17.160 of this code (Glossary).

2. One Facility Only. An eating establishment may have either sidewalk dining or a street dining deck. An eating establishment may not have both sidewalk dining and a street dining deck.

3. Limited to Eating Establishment Frontage.
a. Sidewalk dining is allowed on the sidewalk directly adjacent to the eating establishment street frontage. b. Street dining decks in the public right-of-way are only allowed on parking spaces that are:
i. Wholly or partially located in the right-of-way; and ii. Directly adjacent to the eating establishment street frontage unless authorized by subsection (G)(3)(c) of this section.
c. The city may allow an outdoor dining area to extend beyond the eating and drinking establishment frontage if:
i. Due to the road and parking space layout, the outdoor dining area cannot be designed without extending the area beyond immediately adjacent parking spaces; ii. Extending the outdoor dining area will not have significant impact on adjoining businesses as determined by the permit review authority; and
iii. Extending the outdoor dining area will not adversely impact coastal access.

4. Sidewalk Width. Outdoor dining areas in the public right-of-way shall provide a minimum clear width within the sidewalk of at least:
a. Five feet in the MU-V zoning district; and
b. Four feet in all other zoning districts.

5. Sidewalk Dining Areas. Sidewalk dining areas shall be limited to the placement of tables and chairs. In addition, design elements required for ABC permit compliance for separation (fences, ropes, planters, etc.) may be included in the design but shall not exceed thirty-six inches in height.

6. Signs.
a. Commercial signs are not permitted in or on any portion of the improvements of a sidewalk dining area or street dining deck, except as specified in subsection (G)(6)(b) of this section. b. One business identification sign and one menu sign each not to exceed two square feet are allowed.

7. Stormwater Drainage. All street dining decks must allow for adequate stormwater drainage. 322
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Dining decks shall not block the drainage flow along the gutter line. b. Dining decks shall not block access into any drain inlet or other drainage/stormwater facility.

8. Utilities. All outdoor dining shall not interfere with utility boxes, water hydrants, storm drains, and all other related facilities.

9. Trash and Maintenance. An outdoor dining area in the public right-of-way shall be maintained in a clean and safe condition as determined by the city, including as follows:
a. All trash shall be picked up and properly disposed of. b. All flower boxes and planters shall contain live, healthy vegetation. c. All tables, chairs, equipment, and structures must be kept clean and operational.

10. Sound. Music and amplified sound are not allowed in an outdoor dining area.

11. Bicycle Parking for Street Dining Decks.
a. A street dining deck that eliminates an on-street parking space must include a bicycle parking rack integrated in the street dining deck design or within the private property of the eating or drinking establishment.
b. The bicycle parking rack must provide a minimum of two bicycle parking spaces for each eliminated vehicle parking space.
c. As an alternative to providing the bicycle parking rack, the city may allow an applicant to pay an in-lieu fee which fee shall be deposited into the city’s in-lieu bike fund to create a central bicycle parking location.

12. Hours of Operation.
a. Outdoor dining in the public right-of-way may occur between seven a.m. and ten p.m. seven days a week.
b. The city may allow extended hours for street dining decks for special events and holidays.

13. Open for Use. All outdoor dining in the public right-of-way must be open for use a minimum of five days per week, except in cases of inclement weather. “Open for use” means that the eating or drinking establishment must allow customers to use the outdoor dining area when the establishment is open for business.

14. Materials. Allowed materials include finished or painted wood, glass, ornamental steel or iron, and decorative masonry. Street dining decks where the primary visible material is plastic, fabric, woven bamboo, or chain link/wire fencing are discouraged.

H. Enforcement.

1. General.
a. The city shall have all enforcement remedies permitted by law, including but not limited to those in Administrative Policy I-36 in Title 4 (General Municipal Code Enforcement). b. Any outdoor dining facility may be subject to inspection by the city on an annual basis or as needed to ensure compliance with this section, conditions of approval, and administrative procedures. (Ord. 1050 § 2, 2021)
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

17.96.180 Temporary uses and structures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Real Estate Offices. Real estate offices used exclusively for the sale of homes or other real estate units located within an approved multi-unit development project for a maximum of three years or within thirty days of when the last home is sold, whichever comes first.
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

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

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

1. Hours of operation.

2. Maintenance of accessibility for the disabled.

3. Protection of fire lanes and access.

4. Preservation of adequate on-site circulation.

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

6. Cleanup of the location or premises.

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

8. Operation of any loudspeaker or sound amplification in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises. (Ord. 1043 § 2 (Att. 2), 2020)

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

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

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

D. Placement on Lot.

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

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

E. Recreational Vehicle Use Prohibited. Freestanding generators shall not be used to supply service to recreational vehicles or trailers. Generators attached to recreational vehicles or trailers shall not be operated on or adjacent to residential properties. (Ord. 1057 § 2 (Att. 1), 2022)

17.96.200 Low Barrier Navigation Centers
A low barrier navigation center that meets the operational requirements specified in Government Code Section 65662 is allowed by right in the commercial and mixed use zoning districts. As defined in Government Code Section 65660, “Low Barrier Navigation Center” means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 325
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

17.96.210 Demolition and Replacement of Dwelling Units
A. Demolished Units. A housing development project that demolishes one or more residential dwelling unit must:

1. Create at least as many residential dwelling units as will be demolished pursuant to subdivision (a) of Government Code Section 66300.6; and

2. Replace demolished units as required by Subsection B (Replacement of Units) below.

B. Replacement of Units.

1. Protected Units. A development project that eliminates protected units as defined in subdivision (h) of Government Code Section 66300.5,must replace these units consistent with subdivision (b) of Government Code Section 66300.6.

2. Nonvacant Housing Element Sites. For a development project on a site identified as nonvacant in the General Plan Housing Element inventory of land suitable for residential development (“nonvacant site”), units shall also be replaced consistent with paragraph (3) of subdivision (c) of Government Code Section 65915.

C. Application Materials. A permit application to create new units on a site with existing dwelling units shall include the following information:

1. A description of all dwelling units existing on the site in the five-year period preceding the application submittal date and identification of any units:
a. Rented in the five-year period;
b. Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to households of low or very low income;
c. Subject to any form of rent or price control; and
d. Occupied lower-income households earning 80 percent or less of the Santa Cruz County area median income (AMI) as identified by the California Department of Housing and Community Development, if known.
e. Withdrawn from rent or lease in accordance with Government Code Chapter 12.75 (commencing with Section 7060) within the past 10 years

2. Identification of units that will be vacated or demolished as a result of the proposed project, or that have been vacated or demolished in the five-year period preceding the application submittal date.

3. For units that have or will be vacated or demolished, the size and income of all households occupying the units in the five-year period preceding the application submittal date, if known. 4, Other information as required by the Community Development Department to verify project compliance with Government Code Sections 66300.6 and 65915.

17.96.220 No Net Loss of Housing Element Sites
A. Purpose. This section establishes procedures to comply with Government Code Section 65863 which requires the City to maintain adequate sites to accommodate its remaining unmet regional housing need allocation (RHNA) for the Housing Element planning period.

B. Applicability. This section applies to any development project application on a site identified in the General Plan Housing Element inventory of land suitable for residential development. 326
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Capitola Municipal Code
Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

C. Approval of Units.

1. City staff shall review all development project applications to determine if the project proposes to reduce the residential density, allow development at a lower residential density, or develop fewer units by income category than identified for the site in the Housing Element.

2. Reduced Density.
a. If a project proposes to reduce the residential density of or allow development at a lower residential density on a parcel identified to meet the City’s RHNA, the City may approve the application only if it makes a written finding supported by substantial evidence that:
i. the reduction is consistent with the General Plan; and ii. the remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s RHNA. b. The finding shall include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

3. Fewer Units by Income Category.
a. If a project proposes fewer units by income category than identified for the site in Housing Element, the City may approve the application only if it makes a written finding supported by substantial evidence as to whether or not the remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s RHNA pursuant to Government Code Section 65584.
b. The finding shall include a quantification of the remaining unmet need for the City’s RHNA at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level.

E. Additional Sites.

1. If the City approves an application reducing the residential density for any parcel that would result in the remaining sites in the Housing Element not being adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s RHNA, the City must identify sufficient additional, adequate, and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity.

2. If the City approves an application with fewer units by income category than identified for the site in the Housing Element and remaining sites are inadequate to accommodate the unmet need by income category, the City shall, within 180 days of project approval, identify and make available additional adequate sites to accommodate the remaining unmet housing need for each income category.

3. The City shall report to the California Department of Housing and Community Development in the Annual Progress Report any replacement sites identified and made available pursuant to this section.

4. Consistent with Government Code Section 65863(e), a project applicant who requests a lower density as described herein, must comply with this section.

17.96.230 Housing on Religious Facilities Sites
This section allows for housing development projects on land owned by a religious institution consistent with 327
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Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Government Code Section 65913.16. Terms used in this section have the same meaning as in Government Code Section 65913.16.

AB. By Right Use. A housing development project on land owned by a religious institution is permitted by right if the project complies with all requirements in this section and Government Code section 65913.16.

BC. Project Eligibility. A housing development project is permitted by right only if it meets all requirements in Government Code Section 65913.16, including but not limited to the following:

1. Affordability. All of the development project’s total units, exclusive of a manager’s unit or units, shall be for lower income households, except as follows:
a. Up to 20 percent of the units may be for moderate-income households. b. Up to 5 percent of the units which may be for staff of the religious institution that owns the land.

2. Labor Requirements. The project shall comply with the prevailing wage, apprenticeship, and other labor requirements specified in Government Code Section 65913.16.

C. Standards.

1. Zoning District Standards. A housing development project on land owned by a religious institution shall comply with all applicable objective standards of the zoning district in which it is located except as modified by this section or Government Code Section 65913.16.

2. General Development Standards. The following development standards apply to a housing development project on land owned by a religious institution in all locations. a. Multifamily Objective Standards. A housing development project shall comply with objective standards in Chapter 18.82 (Objective Standards for Multifamily and Mixed-Use Residential Development).
b. Nonresidential Space. The total square footage of nonresidential space on the site shall not exceed the amount previously existing or permitted in a conditional use permit. c. Density.
i. In the R-1 zoning district, the maximum density is 20 dwelling units per acre or the density of an adjoining parcel if that parcel allows for a density greater than 20 dwelling units per acre. ii. In other zoning districts, the maximum density is as specified in Government Code Section 65913.16(j).
d. Height. The maximum allowed height is one story above the maximum height allowed in the applicable zoning district.
e. Parking. Parking shall be as provided in Government Code Sections 65913.6 and 65913.16, as follows:
i. Up to 50 percent of religious use parking spaces may be eliminated as part of the housing development project.
ii. One parking space is required per dwelling unit, except that no parking is required if:
(a) The parcel is located within one-half mile walking distance of public transit, either a highquality transit corridor or a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resources Code; or
(b) There is a car share vehicle located within one block of the parcel. 328
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Chapter 17.96 SUPPLEMENTAL STANDARDS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. f. Housing Type. All housing types, including single-family dwellings, duplex homes, and multifamily dwellings, are permitted.

3. Site-Specific Standards.
a. Saint Josephs Catholic Church (APN 03607248). The following standards apply to a housing development project with buildings located between an existing church building and the front property line abutting Monterey Avenue.
i. Building Placement. The front building wall shall be placed between 20 and 40 feet of the property line abutting Monterey Avenue.
ii. Entry Orientation. Each building with frontage on Monterey Avenue shall have a ground floor primary entrance that faces Monterey Avenue. ,
iii. Mmassing. The width of buildings within 40 feet of Monterey Avenue shall not exceed 75 feet.
b. Shorelife Community Church (APN 03604126, 03604128, 03604127, 03619502). i. Parking Placement. Surface parking is prohibited between Kennedy Drive and a new building. ii. Orientation. If a ground floor unit has a wall that faces a street, the primary entrance to the unit shall face the street. For units that do not front the street, entrances may face the interior of the lot D. Application Review and Action.

1. Conflicts with Standards. If the community development department determines that a proposed housing development project conflicts with any applicable objective standard, the department shall notify the applicant as required by Government Code Section 65913.16(l).

2. Ministerial Design Review.
a. The Planning Commission shall conduct ministerial design review of a proposed housing development project. Ministerial design review shall be objective and strictly focused on assessing project compliance with objective standards.
b. Project conformance with objective standards is the sole basis to approve or deny the application. The Planning Commission may not consider project conformance with subjective policies or requirements when acting on the application.
c. Public notice and hearing for ministerial design review shall be the same as required for design permits.

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Chapter 17.104 WIRELESS COMMUNICATIONS

FACILITIES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Chapter 17.104

WIRELESS COMMUNICATIONS FACILITIES
Sections:

17.104.010 Purpose and intent.

17.104.020 Definitions.

17.104.030 Applicability and exemptions.

17.104.040 Permit requirements.

17.104.050 Standard conditions of approval.

17.104.060 Preferred siting and location.

17.104.070 Development standards.

17.104.080 Operation and maintenance requirements.

17.104.090 Temporary wireless communications facilities.

17.104.100 Limited exemption from standards.

17.104.110 Severability.

17.104.010 Purpose and intent.

A. Purpose. This chapter establishes requirements for the development, siting, collocation, installation, modification, relocation, and operation of wireless communications facilities consistent with applicable state and federal laws.

These requirements aim to protect public health, safety, and welfare while balancing the benefits of robust wireless services with the unique community character, aesthetics, and local values of the city of Capitola.

B. Intent. This chapter does not intend to, and shall not be interpreted or applied to:

1. Prohibit or effectively prohibit personal wireless services;

2. Unreasonably discriminate among wireless communications providers of functionally equivalent personal wireless services;

3. Regulate the installation, operation, collocation, modification, or removal of wireless facilities on the basis of the environmental effects of radio frequency (RF) emissions to the extent that such emissions comply with all applicable Federal Communications Commission (FCC) regulations;

4. Prohibit or effectively prohibit any collocation or modification that the city may not deny under state or federal law; or

5. Preempt any applicable state or federal law. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.020 Definitions.

A. Terms Defined. Terms used in this chapter are defined as follows:

1. “Amateur radio facilities” are antennas and related equipment for the purpose of self-training, intercommunication, or technical investigations carried out by an amateur radio operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2. “Antenna” means a device or system of wires, poles, rods, dishes, discs, or similar devices used to transmit and/or receive radio or electromagnetic waves.

3. “Applicable FCC decisions” means the same as defined by California Government Code Section 65964.1(d)(1), as may be amended, which defines that term as “In re Petition for Declaratory Ruling, 24 FCC Rcd. 13994 (2009) and In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order, 29 FCC Rcd. 12865 (2014).” 330
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4. “Array” means one or more antennas mounted at approximately the same level above ground on tower or base station.

5. “Base station” means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(1), as may be amended, which defines that term as follows:
a. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in 47 C.F.R. Section 1.400011.6100(b)(9) or any equipment associated with a tower. b. “Base station” includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
c. “Base station” includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks). d. “Base station” includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under 47 C.F.R. Section 1.400011.6100, supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of 47 C.F.R. Section 1.400011.6100 that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
e. “Base station” excludes any structure that, at the time the relevant application is filed with the state or local government under 47 C.F.R. Section 1.400011.6100, does not support or house equipment described in paragraphs (b)(1)(i) through (ii) of 47 C.F.R. Section 1.400011.6100.

6. “Collocation” means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition effectively means “to add” new equipment to an existing facility and does not necessarily refer to more than one wireless facility installed at a single site.

7. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. Section

1.400011.6100(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.”

8. “Eligible support structure” means the same as defined by the FCC in 47 C.F.R. Section

1.400011.6100(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in [47 C.F.R. Section 1.400011.6100]; provided, that it is existing at the time the relevant application is filed with the state or local government under [47 C.F.R. Section 1.400011.6100].”

9. “Existing” means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(5), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of the [FCC rules implementing Section 6409 of the Spectrum Act] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.”

10. “FCC” means the Federal Communications Commission or its successor agency. 331
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11. “Personal wireless services” has the same meaning as provided in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”

12. “Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

13. “Service provider” means a wireless communications provider, company or organization, or the agent of a company or organization that provides wireless communications services.

14. “Significant gap” is a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

15. “Site” means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.”

16. “Stealth facility” is any facility designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facademounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation or trees. Also referred to as concealed communications facilities.

17. “Substantial change” means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this chapter organizes and paraphrases the FCC’s criteria and thresholds for a substantial change according to the facility type and location. The definition of “substantial change” contained in this section shall be interpreted and applied so as to be consistent with 47 C.F.R. Section

1.400011.6100(b)(7) (as may be amended) and the applicable FCC decisions, rules and orders and court rulings relating to the same. In the event of any conflict between the definition of substantial change contained in this section and the definition contained in 47 C.F.R. Section 1.400011.6100(b)(7) (as may be amended), 47 C.F.R.

Section 1.400011.6100(b)(7) (as may be amended) shall govern and control. a. For towers outside the public right-of-way, a substantial change occurs when:
i. The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array not to exceed twenty feet (whichever is greater); or ii. The proposed collocation or modification involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance (whichever is greater); or iii. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four cabinets; or iv. The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.
b. For towers in the public right-of-way and for all base stations, a substantial change occurs when:
i. The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater); or
ii. The proposed collocation or modification involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; or 332
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. iii. The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four cabinets; or iv. The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no pre-existing ground cabinets associated with the structure; or v. The proposed collocation or modification involves the installation of any ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure; or
vi. The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground. c. In addition, for all towers and base stations wherever located, a substantial change occurs when:
i. The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the community development director; or ii. The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets, or excavation that is inconsistent with the thresholds for a substantial change described in this section.
d. Interpretation of Thresholds.
i. The thresholds for a substantial change described above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. ii. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012 – the date that Congress passed Section 6409(a).

18. “Temporary wireless communications facility” means a wireless communications facility located on a parcel of land and consisting of a vehicle-mounted facility, a building-mounted antenna, or a similar facility, and associated equipment, that is used to provide temporary coverage for a large-scale event or an emergency, or to provide temporary replacement coverage due to the removal of an existing permitted, permanent wireless communications facility necessitated by the demolition or major alteration of a nearby property.

19. “Tower” means the same as defined by the FCC in 47 C.F.R. Section 1.400011.6100(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees, and lattice towers.

20. “Transmission equipment” means the same as defined by the FCC in 47 C.F.R. Section

1.400011.6100(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.”

21. “Wireless” means any FCC-licensed or authorized wireless communications service transmitted over frequencies in the electromagnetic spectrum.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

22. “Wireless communications facility” is a facility that sends and/or receives radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images or other information, including, but not limited to, cellular and/or digital telephone service, personal communications services, and paging services. Wireless communications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; towers or similar structures built to support such equipment; equipment cabinets, base stations, and other accessory development; and screening and concealment elements. (Also referred to as “facility.”)

23. “Wireless communications provider” is any company or organization that provides or who represents a company or organization that provides wireless communications services. (Also referred to as “service provider.”)

24. “Zoning code” means the city of Capitola zoning code.

B. Terms Not Defined. Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.030 Applicability and exemptions.

A. Applicability. This chapter applies to all new facilities and all modifications to existing facilities proposed after the effective date of this chapter unless exempted by subsection B of this section (Exemptions).

B. Exemptions. This chapter does not apply to:

1. Amateur radio facilities;

2. Direct-to-home satellite dishes, TV antennas, wireless cable antennas, and other OTARD antennas covered by the over-the-air reception devices rule in 47 C.F.R. Section 1.4000 et seq.;

3. Noncommercial wireless communications facilities owned and operated by a public agency, including but not limited to the city of Capitola; and

4. All antennas and wireless facilities identified by the FCC or the California Public Utilities Commission (CPUC) as exempt from local regulations. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.040 Permit requirements.

A. Required Permits. Wireless communications facilities are grouped into four tiers, each with its own permit requirement as shown in Table 17.104-1.

Table 17.104-1: Wireless Communications Facility Tiers and Required Permits* Types of Facilities Permit Required
Tier 1 Modifications to an existing facility that qualify as an “eligible facility request” as defined in Section 17.104.020(A)(7). Section 6409(a) Permit Tier 2 Building- and facade-mounted facilities in the C-C, C-R, or I zoning district when the proposed facility (1) is a stealth facility, (2) does not generate noise in excess of the city’s noise regulations and (3) does not exceed the applicable height limit in the applicable zoning district.

Pole-mounted facilities in the public right-of-way consistent with Section 17.104.070(D) when the facility is either (1) incorporated into a steel pole with all antennas, equipment, and cabling entirely concealed from view, or (2) mounted to a wood pole with all equipment other than antennas located substantially underground and pole-mounted equipment, where necessary, extends no more than 2 feet horizontally and 5 feet vertically from the pole.

Administrative Permit
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Types of Facilities Permit Required
A collocation that is not a Tier 1 facility.

A modification to an eligible support structure that is not a Tier 1 facility.

Tier 3 Building- and facade-mounted facilities in the C-C, C-R, or I zoning district that are not Tier 2 facilities.

Building- and facade-mounted facilities in the MU-V, MU-N, - VS, or CF zoning district.

Pole-mounted facilities in the public right-of-way consistent with Section 17.104.070(D) that are not Tier 2 facilities.

Minor Use Permit
Tier 4 New towers in any zoning district.

Any facility in the R-1, RM, or MH zoning district [1].

Any facility within a public park or open space.

Any facility that is not a Tier 1, 2, or 3 facility.

Conditional Use Permit
Notes:
[1] Except pole-mounted facilities located in a public right-of-way that qualify as either a Tier 2 or 3 facility. * Any wireless communications facility located in the city’s coastal zone may also require a coastal development permit per Chapter 17.44 (Coastal Overlay Zone), in which case the public notice and hearing requirements (and required findings) set forth in Chapter 17.44 will also apply.

B. Review Authority.

1. Tier 1 and Tier 2 Facilities. The community development director shall review and take action on all Section 6409(a) permit applications for Tier 1 facilities and administrative permit applications for Tier 2 facilities.

2. Tier 3 Facilities. The community development director shall review and take action on minor use permit applications for Tier 3 facilities. If a member of the public requests a public hearing in accordance with subsection (H)(3) of this section (Tier 3 Facilities (Minor Use Permit)), the community development director may refer the application to the planning commission for review and final decision.

3. Tier 4 Facilities. The planning commission shall review and take action on conditional use permit applications for Tier 4 facilities.

C. Conflicting Provisions. Conditional use permits required for a wireless communications facility shall be processed in compliance with Chapter 17.124 (Use Permits) and with this chapter. In the event of any conflict between this chapter and Chapter 17.124 (Use Permits), this chapter shall govern and control.

D. Coastal Zone. A coastal development permit may also be required for any wireless communications facility located (or proposed to be located) in the city’s coastal zone. Coastal development permits required for wireless communications facilities shall be processed in conformance with Chapter 17.44 (Coastal Overlay Zone), as may be amended, and with this chapter. In the event of any conflict between this chapter and Chapter 17.44 (as may be amended), Chapter 17.44 shall govern and control, to the extent consistent with applicable federal law (including, but not limited to, the Telecommunications Act of 1996, Section 6409(a), and applicable FCC decisions, rules and orders) and not preempted by applicable state or federal law.

E. Other Permits. A permit issued under this chapter is not in lieu of any other permit required under the municipal code (including, but not limited to, coastal development permits, encroachment permits, building permits, etc.), except as specifically provided in this chapter. In addition to any Section 6409(a) permit, administrative use permit, minor use permit, or conditional use permit that may be required under this chapter, the applicant must obtain all other required permits and/or approvals from other city departments, and/or state or federal agencies.

F. Pre-Application Conference. The city encourages prospective applicants to request a pre-application conference with the community development department in accordance with Section 17.112.020(A) (Pre-Application Conference) before completing and filing a permit application.

G. Permit Application and Review.
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1. Application Required. All permits granted under this chapter shall require an application filed in compliance with this chapter and Chapter 17.112 (Permit Application and Review).

2. Application Contents. All applications shall include the following:
a. The applicable application fee(s) established by the city. Fees required to process permit applications are identified in the planning fee schedule approved by the city council. b. A fully completed and executed application using an official city application form. c. The application must state what approval is being sought (i.e., conditional use permit, minor use permit, administrative permit, or Section 6409(a) permit). If the applicant believes the application is for a Section 6409(a) permit, the applicant must provide a detailed explanation as to why the applicant believes that the application qualifies as an eligible facilities request subject to a Section 6409(a) permit. d. A completed and signed application checklist available from the city, including all the information, materials, and fees specified in the city’s application checklist for proposed wireless communications facilities.
e. If the proposed facility is to be located on a city owned building or structure, the application must be signed by an authorized representative of the city.
f. For Section 6409(a) permits and administrative permits involving a collocation or modification to an eligible support structure, the application must be accompanied by all prior approvals for the existing facility (including but not limited to all conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment), as well as all permit applications with required application materials for each separate permit required by the city for the proposed facility, including but not limited to a building permit and an encroachment permit (if applicable).
g. All other materials and information required by the community development director as publicly stated in the application checklist(s).

3. Application Review.
a. The community development department shall review applications in accordance with Chapter 17.112 (Permit Application and Review). In the event of any conflict between this chapter and Chapter 17.112 (Permit Application and Review), this chapter shall govern and control. b. The application processing time for applications subject to this chapter shall be in conformance with the time periods and procedures established by applicable FCC decisions, adjusted for any tolling due to incomplete application notices or mutually agreed upon extensions of time.

H. Public Notice and Hearing.

1. All Facilities. Public notice of pending decision or hearing for all facilities shall contain the following:
a. A description of the proposed facility, collocation, or modification. b. The location of the subject property.
c. Required permits and approvals.
d. How the public can obtain additional information on the proposed project.

2. Tier 1 Facilities (Section 6409(a) Permit) and Tier 2 Facilities (Administrative Permit). 336
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. City approval or denial of a Tier 1 or Tier 2 facility is a ministerial action which does not require a public hearing.
b. The applicant shall post notice of pending action on a Tier 1 or Tier 2 facility application on the subject property at least ten calendar days prior to the city taking action on the application. c. In addition to the information identified in subsection (H)(1) of this section (All Facilities), the notice of a pending action for Tier 1 facilities shall contain the following statement:

Federal law may require approval of this application. Further, Federal Communications Commission Regulations may deem this application granted by the operation of law unless the City timely approves or denies the application, or the City and applicant reach a mutual tolling agreement.

3. Tier 3 Facilities (Minor Use Permit).
a. A public hearing for a Tier 3 facility is required only if the community development director receives a written request for a public hearing from the public.
b. The city shall mail public notice of a pending action on a Tier 3 facility to the owners of the real property located within a radius of one hundred feet from the exterior boundaries of the subject property at least ten calendar days prior to the city taking action on the application. c. In addition to the information identified in subsection (H)(1) of this section (All Facilities), the notice of a pending action shall contain a statement that the city is considering the application and that the community development director will hold a public hearing for the application only upon receiving by a specified date written request for a hearing.
d. If the city receives a request for a public hearing by the specified date, the community development director shall hold a noticed public hearing on the application or refer the application to the planning commission for review and final decision. Public notice of the requested public hearing will be mailed to the owners of real property located within a radius of one hundred feet from the exterior boundaries of the subject property.
e. If no written request for a public hearing is received by the specified date, the community development director shall act on the application without a public hearing.

4. Tier 4 Facilities (Conditional Use Permit).
a. The planning commission shall review and take action on Tier 4 facility applications at a noticed public hearing in conformance with this chapter and Chapter 17.124 (Use Permits), as may be amended from time to time.
b. At least ten calendar days prior to the scheduled hearing date, the city shall provide public notice of the hearing by:
i. Mailing public notice of the hearing to the following recipients:
(A) The owners of the subject property or the owner’s authorized agent and the applicant; (B) The owners of the real property located within a radius of six hundred feet from the exterior boundaries of the subject property;
(C) Each local agency expected to provide essential facilities or services to the subject property; (D) Any person who has filed a written request for notice with the community development department; and
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ii. Posting a printed notice at the project site.
c. If the number of property owners to whom notice would be mailed in compliance with subsection (H)(4)(b)(i) 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 calendar days prior to the scheduled hearing date. d. In addition to the types of notice required above, the community development department may provide additional notice as determined necessary or desirable. e. 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.
f. In addition to the information identified in subsection (H)(1) of this section (All Facilities), the notice of a public hearing shall identify the date, location, and time of the hearing.

I. Applicant Notifications for Deemed Granted Remedies. Under state and/or federal law, the city’s failure to act on a wireless communications facility permit application within a reasonable period of time in accordance with the time periods and procedures established by applicable FCC decisions, accounting for tolling, may result in the permit being deemed granted by operation of law. To the extent federal or state law provides a “deemed granted” remedy for wireless communications facility applications not timely acted upon by the city, no such application shall be deemed granted unless and until the applicant satisfies the following requirements:

1. For all Tier 2, Tier 3 and Tier 4 facility applications:
a. Completes all public noticing required pursuant to subsection H of this section (Public Notice and Hearing) and California Government Code Section 65091 to the community development director’s satisfaction.
b. No more than thirty days before the date by which the city must take final action on the application (as determined in accordance with the time periods and procedures established by applicable FCC decisions and accounting for tolling), the applicant must provide the following written notice to the city and other specified recipients as follows:
i. For Tier 2 facilities, the written notice shall be delivered to the city and posted on the subject property.
ii. For Tier 3 facilities, the written notice shall be delivered to the city and mailed to the owners of the subject property (or the owner’s authorized agent), and the owners of the real property located within a radius of one hundred feet from the exterior boundaries of the subject property and any person who has filed a written request for notice with the community development department. iii. For Tier 4 facilities, the written notice shall be delivered to the city and mailed to the owners of the subject property (or the owner’s authorized agent), the owners of the real property located within a radius of six hundred feet from the exterior boundaries of the subject property, each local agency expected to provide essential facilities or services to the subject property, any person who has filed a written request for notice with the community development department, and any other person identified by the community development department as a person whose property might be affected by the proposed project.
iv. The notice shall be delivered to the city in person or by certified United States mail. v. The notice must state that the applicant has submitted an application to the city, describe the location and general characteristics of the proposed facility, and include the following statement:
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Pursuant to California Government Code Section 65964.1, state law may deem the application approved in 30 days unless the City approves or denies the application, or the City and applicant reach a mutual tolling agreement.

2. For all facility applications:
a. Submits a complete application package consistent with the application procedures specified in this chapter and applicable federal and state laws and regulations. b. Following the date by which the city must take final action on the application (as determined in accordance with the time periods and procedures established by applicable FCC decisions and accounting for tolling), the applicant must provide notice to the city that the application is deemed granted by operation of law.

J. Basis for Approval – Tier 1 Facilities.

1. This subsection shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, Section 6409(a), and the applicable FCC and court decisions and determinations relating to the same. In the event that a court of competent jurisdiction invalidates all or any portion of Section 6409(a) or a FCC rule or regulation that interprets Section 6409(a), such that federal law would not mandate approval for any eligible facilities request, then all proposed modifications to existing facilities subject to this section must be approved by an administrative permit, minor use permit, or conditional use permit, as applicable, and subject to the discretion of the community development director.

2. The community development director shall approve a Section 6409(a) permit for a Tier 1 facility upon finding that the proposed facility qualifies as an eligible facilities request and does not cause a substantial change as defined in Section 17.104.020 (Definitions).

3. In addition to any other alternative recourse permitted under federal law, the community development director may deny a Section 6409(a) permit upon finding that the proposed facility:
a. Defeats the effect of existing concealment elements of the support structure; b. Violates any legally enforceable standard or permit condition related to compliance with generally applicable building, structural, electrical and/or safety codes; c. Violates any legally enforceable standard or permit condition reasonably related to public health and/or safety; or
d. Otherwise does not qualify for mandatory approval under Section 6409(a) for any lawful reason.

K. Basis for Approval – Tier 2 Facilities. To approve an administrative permit for a Tier 2 facility, the community development director must find that the proposed facility complies with the requirements of this chapter and all other applicable requirements of the zoning code.

L. Basis for Approval – Tier 3 and 4 Facilities. To approve a minor use permit or conditional use permit for a proposed Tier 3 or Tier 4 facility, the review authority must make all of the following findings:

1. The facility is consistent with the requirements of this chapter.

2. All the findings required for the minor use permit or conditional use permit as specified in Chapter 17.124 (Use Permits) can be made for the proposed facility.

M. Appeals.

1. Tier 1 Facilities. Community development director decisions on a Section 6409(a) permit are final and may not be appealed.
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2. Tier 2 and 3 Facilities. Community development director decisions on an administrative permit for a Tier 2 facility and a minor use permit for a Tier 3 facility may be appealed to the planning commission in accordance with Chapter 17.152 (Appeals). Planning commission decisions on such an appeal may be appealed to the city council.

3. Tier 4 Facilities. Planning commission decisions on a conditional use permit for a Tier 4 facility may be appealed to the city council in accordance with Chapter 17.152 (Appeals).

N. Permit Revocation.

1. Basis for Revocation. The city may revoke a permit for a wireless communications facility for noncompliance with any enforceable permit, permit condition, or law applicable to the facility.

2. Revocation Procedures.
a. When the community development director finds reason to believe that grounds for permit revocation exist, the director shall send written notice to the permit holder that states the nature of the violation or noncompliance and a means to correct the violation or noncompliance. The permit holder shall have a reasonable time from the date of the notice (not to exceed sixty calendar days from the date of the notice or a lesser period if warranted by a public emergency) to correct the violation or cure the noncompliance, or show that the violation has not occurred or the facility is in full compliance. b. If, after receipt of the notice and opportunity to cure described in subsection (N)(2)(a) of this section, the permit holder does not correct the violation or cure the noncompliance (or demonstrate full compliance), the community development director may schedule a public hearing before the planning commission at which the planning commission may modify or revoke the permit. c. For permits issued by the community development director, the community development director may revoke the permit without such public hearing. The community development director decision to revoke may be appealed to the planning commission.
d. The planning commission may revoke the permit upon making one or more of the following findings:
i. The permit holder has not complied with any enforceable permit, permit condition, or law applicable to the facility.
ii. The wireless communications provider has failed to comply with the conditions of approval imposed.
iii. The permit holder and/or wireless communications provider has failed to submit evidence that the wireless communications facility complies with the current FCC radio frequency standards. iv. The wireless communications facility fails to comply with the requirements of this chapter. e. The planning commission’s decision may be appealed to the city council in accordance with Chapter

17.152 (Appeals).
f. Upon revocation, the city may take any legally permissible action or combination of actions necessary to protect public health, safety and welfare.

O. Cessation of Operations.

1. Notice to City. Wireless communications providers shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation.

2. New Permit Required. A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months has lapsed since cessation of operations.
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3. Removal of Equipment. The service provider or property owner shall remove all obsolete and/or unused facilities and associated equipment from the site within one hundred eighty days of the earlier of:
a. Termination of the lease with the property owner; or b. Cessation of operations.

P. Abandonment.

1. To promote the public health, safety and welfare, the community development director may declare a facility abandoned or discontinued when:
a. The permit holder or service provider abandoned or discontinued the use of a facility for a continuous period of ninety days; or
b. The permit holder or service provider fails to respond within thirty days to a written notice from the community development director that states the basis for the community development director’s belief that the facility has been abandoned or discontinued for a continuous period of ninety days; or c. The permit expires and the permit holder or service provider has failed to file a timely application for renewal.

2. After the community development director declares a facility abandoned or discontinued, the permit holder or service provider shall have sixty days from the date of the declaration (or longer time as the community development director may approve in writing as reasonably necessary) to:
a. Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval; or
b. Remove the facility and all improvements installed in connection with the facility (unless directed otherwise by the community development director), and restore the site to its original pre-construction condition in compliance with all applicable codes and consistent with the previously existing surrounding area.

3. If the permit holder and/or service provider fail to act as required in subsection (P)(2) of this section within the prescribed time period, the following shall apply:
a. City may but is not obligated to remove the abandoned facility, restore the site to its original preconstruction condition, and repair any and all damages that occurred in connection with such removal and restoration work.
b. The city may but is not obligated to store the removed facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the city deems appropriate. c. The last-known permit holder (or its successor-in-interest), the service provider (or its successor-ininterest), and, if on private property, the real property owner shall be jointly liable for all costs and expenses incurred by the city in connection with its removal, restoration, repair and storage, and shall promptly reimburse the city upon receipt of a written demand, including, without limitation, any interest on the balance owing at the maximum lawful rate.
d. The city may but is not obligated to use any financial security required in connection with the granting of the facility permit to recover its costs and interest. e. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage (plus applicable interest). The city clerk shall cause the lien to be recorded with the county of Santa Cruz recorder’s office. Within sixty 341
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4. If a permit holder, service provider, and/or private property owner fails to comply with any provisions of this subsection P (Abandonment), the city may elect to treat the facility as a nuisance to be abated as provided in Title 4 (General Municipal Code Enforcement).

Q. Relocation for Facilities in the Right-of-Way.

1. The public works director may require a permit holder to relocate and/or remove a facility in the public rightof-way as the city deems necessary to:
a. Change, maintain, repair, protect, operate, improve, use, and/or reconfigure the right-of-way for other public projects; or
b. Take any actions necessary to protect the public health, safety and welfare.

2. The public works director shall provide the permit holder with adequate written notice identifying a specified date by which the facility must be relocated and/or removed.

3. The relocation and/or removal of the facility shall be at the permit holder’s sole cost and expense and in accordance with the standards in this chapter applicable to the facility.

R. Transfer of Ownership.

1. Notice. Any wireless communications provider that is buying, leasing, or is considering a transfer of ownership of a previously approved facility shall submit a letter of notification of intent to the community development director a minimum of thirty days prior to the transfer.

2. Responsibilities. In the event that the original permit holder sells its interest in a wireless communications facility, the succeeding carrier shall assume all facility responsibilities and liabilities and shall be held responsible for maintaining consistency with all permit requirements and conditions of approval.

3. Contact Information. A new contact name for the facility shall be provided by the succeeding provider to the community development department within thirty days of transfer of interest of the facility. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.050 Standard conditions of approval.

All wireless communications facilities approved through a city permit or deemed granted by operation of law shall comply with the following standard conditions of approval. Standard conditions of approval shall apply in addition to other conditions of approval attached to the project by the review authority in compliance with the zoning code and as allowed by state and federal law.

A. All Facilities. The following standard conditions of approval apply to all facilities and shall be included in all administrative permits, minor use permits, and conditional use permits:

1. Compliance with Chapter. The facility shall comply with the requirements of this chapter, including but not limited to requirements in Section 17.104.070 (Development standards) and Section 17.104.080 (Operation and maintenance requirements).

2. Compliance with Applicable Laws. The permit holder and service provider shall at all times comply with all applicable provisions of the zoning code, any permit issued under the zoning code, and all other applicable federal, state and local laws, rules and regulations. Failure by the city to enforce compliance with applicable laws shall not relieve any applicant of its obligations under the municipal code (including, but not limited to, the zoning code), any permit issued under the zoning code, or any other applicable laws, rules, and regulations.

3. Compliance with Approved Plans. The facility shall be built in compliance with the approved plans on file with the community development department.
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4. Approval Term. The validly issued administrative permit, minor use permit, or conditional use permit for the wireless communications facility shall be valid for an initial maximum term of ten years, except when California Government Code Section 65964(b), as may be amended, authorizes the city to issue a permit with a shorter term. The approval may be administratively extended by the community development director from the initial approval date for a subsequent five years and may be extended by the director every five years thereafter upon verification that the facility continues to comply with this chapter and conditions of approval under which the facility was originally approved. Costs associated with the review process shall be borne by the service provider, permit holder, and/or property owner.

5. Inspections – Emergencies. The city or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permit holder. The permit holder and service provider shall cooperate with all inspections. The city reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

6. Contact Information for Responsible Parties. The permit holder and service provider shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one person. All such contact information for responsible parties shall be provided to the community development director upon request.

7. Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permit holder within forty-eight hours after notification from the city.

8. FCC (Including, but Not Limited to, RF Exposure) Compliance. All facilities must comply with all standards and regulations (including, but not limited to, those relating to RF exposure) of the FCC and any other state or federal government agency with the authority to regulate such facilities. The city may require submission on an ongoing basis of documentation evidencing that the facility and any collocated facilities comply with applicable RF exposure standards and exposure limits and affirmations, under penalty of perjury, that the subject facilities are FCC compliant and will not cause members of the general public to be exposed to RF levels that exceed the maximum permissible exposure (MPE) levels deemed safe by the FCC.

9. Implementation and Monitoring Costs. The permit holder and service provider (or their respective successors) shall be responsible for the payment of all reasonable costs associated with the monitoring of the conditions of approval, including, without limitation, costs incurred by the community development department, the public works department, the city manager’s department, the office of the city attorney and/or any other appropriate city department or agency. The community development department shall collect costs on behalf of the city.

10. Indemnities. The permit holder, service provider, and, if applicable, the nongovernment owner of the private property upon which the facility, tower and/or base station is installed (or is to be installed) shall defend (with counsel satisfactory to the city), indemnify and hold harmless the city of Capitola, its officers, officials, directors, agents, representatives, and employees (a) from and against any and all damages, liabilities, injuries, losses, costs and expenses and from and against any and all claims, demands, lawsuits, judgments, writs of mandamus and other actions or proceedings brought against the city or its officers, officials, directors, agents, representatives, or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (b) from and against any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits, judgments, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of, in connection with or relating to the acts, omissions, negligence, or performance of the permit holder, the service provider, and/or, if applicable, the private property owner, or any of each one’s agents, representatives, employees, officers, directors, licensees, contractors, subcontractors or independent contractors. It is expressly agreed that the city shall have the right to approve (which approval shall not be unreasonably withheld) the legal counsel providing the city’s defense, and the property owner, service provider, and/or permit holder (as applicable) shall reimburse city for any and all costs and expenses incurred by the city in the course of the defense. 343
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B. Tier 1 Facilities. In addition to the applicable conditions in subsection A of this section (All Facilities), all Tier 1 facilities shall comply with and all Section 6409(a) permits shall include the following standard conditions of approval:

1. No Permit Term Extension. The city’s grant or grant by operation of law of a Section 6409(a) permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The city’s grant or grant by operation of law of a Section 6409(a) permit will not extend the permit term for any conditional use permit, minor use permit, administrative permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. If requested in writing by the applicant at the time of application submittal, the permit term for the underlying conditional use permit, minor use permit, administrative permit or other underlying regulatory approval may be administratively extended by the community development director (at his/her discretion) from the initial approval date upon verification that the facility continues to comply with this chapter and conditions of approval under which the facility was originally approved.

2. No Waiver of Standing. The approval of a Section 6409(a) permit (either by express approval or grant by operation of law) does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a), any FCC rules that interpret Section 6409(a), or any eligible facilities request. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.060 Preferred siting and location.

The following siting and location preferences apply to all proposed new facilities and substantial changes to existing facilities. The community development director may require the applicant to submit an alternative sites analysis and evidence to demonstrate that a proposed facility could not be feasibly installed in a preferred site or location.

A. Preferred Siting. To the extent feasible, all proposed facilities should be sited according to the following preferences, ordered from most preferred to least preferred:

1. Sites on a city owned or controlled parcel (excluding public parks and/or open spaces); then

2. Collocations on eligible support structures in the public right-of-way; then

3. Collocations on eligible support structures outside of the public right-of-way; then

4. New base stations in the public right-of-way; then

5. New base stations outside of the public right-of-way; then

6. New towers in the public right-of-way, then

7. New towers outside the public right-of-way.

B. Discouraged Siting – Utility Poles in Planned Utility Undergrounding Project Areas. The city discourages the placement of new facilities on utility poles within the public right-of-way in areas where there is a planned utility undergrounding project. In such cases, new facilities should be placed on utility poles within the planned utility undergrounding project area only if an alternative placement is infeasible or undesirable based on the standards and/or criteria contained in this chapter. If a utility undergrounding project is initiated, the city may require the removal of any facilities on utility poles in the public right-of-way in accordance with Section 17.104.040(Q) (Relocation for Facilities in the Right-of-Way).

C. Preferred Locations – General. All applicants should, to the extent feasible, locate proposed facilities in nonresidential zoning districts.

D. Preferred Locations – Nonresidential Zoning Districts. To the extent feasible, all proposed facilities in nonresidential zoning districts should be located according to the following preferences, ordered from most preferred to least preferred:

1. Parcels in the industrial (I) zoning district; then
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2. Parcels in the commercial (C-R and C-C) zoning districts; then

3. Parcels in all other nonresidential zoning districts.

E. Preferred Locations – Residential Zoning Districts. If a facility is proposed in a residential (R-1, RM, MH) zoning district, all facilities should be located according to the following preferences, ordered from most preferred to least preferred:

1. Parcels that contain approved nonresidential uses and do not contain residential uses; then

2. Parcels that contain approved nonresidential uses and also contain residential uses; then

3. All other parcels.

F. Coastal Zone Siting. In addition to the preferred and discouraged siting considerations described in subsections A through E of this section, new wireless communications facilities in the coastal zone shall avoid being sited between the sea and the first road paralleling the sea, within one hundred feet of Soquel Creek, within New Brighton State Beach, or within any environmentally sensitive habitat area to the extent feasible and consistent with federal and state law.

G. Additional Alternative Sites Analysis. If an applicant proposes to locate a new facility or substantial change to an existing facility on a parcel that contains a single-family or multifamily residence, or a site located in the city’s coastal zone on the seaward side of the first through public road parallel to the sea, the applicant shall provide an additional alternative sites analysis that at a minimum shall include a meaningful comparative analysis of all the alternative sites in the more preferred locations that the applicant considered and states the underlying factual basis for concluding why each alternative in a more preferred location was (1) technically infeasible, (2) not potentially available and/or (3) more intrusive. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.070 Development standards.

A. General Design Standards. All new facilities and substantial changes to existing facilities shall conform to the following design standards:

1. Concealment. To the maximum extent feasible, all facilities shall incorporate concealment measures and/or techniques appropriate for the proposed location and design. All ground-mounted equipment on private property shall be completely concealed to the maximum extent feasible according to the following preferences, ordered from most preferred to least preferred:
a. Within an existing structure including, but not limited to, an interior equipment room, mechanical penthouse or dumpster corral; then
b. Within a new structure designed to integrate with or mimic the adjacent existing structure; then c. Within an underground equipment vault if no other feasible aboveground design that complies with subsection (A)(1)(a) or (b) of this section exists.

2. Underground Equipment. To the extent feasible, power and telecommunication lines servicing wireless communications facilities must be placed underground. Additional expense to install and maintain such lines underground does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services.

3. Height.
a. All facilities may not exceed the height limit in the applicable zoning district except as allowed in subsection (A)(3)(b) or (c) of this section.
b. The review authority may approve a height exception up to eight feet above the height limit when a proposed facility is:
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ii. Completely concealed;
iii. Architecturally integrated into the underlying building; and iv. If located (or proposed to be located) in the city’s coastal zone, does not impact public views to and along the ocean and scenic coastal areas.
c. The review authority may approve a height exception for towers or utility poles when:
i. The proposed facility is no taller than the minimum necessary to meet service objectives; ii. The height exception is necessary to address a significant gap in the applicant’s existing service coverage;
iii. The applicant has demonstrated to the satisfaction of the planning commission through a detailed alternatives analysis that there are no viable, technically feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites, facility types, siting techniques, and/or designs) that comply with the height standard and meet service objectives; and iv. The proposed facility complies with design standards and preferences in subsection B of this section (Tower-Mounted Facilities) to the maximum extent feasible.

4. Setbacks. All facilities shall comply with all setback requirements in the applicable zoning district.

5. Collocation. Facilities shall be designed, installed, and maintained to accommodate future collocated facilities to the extent feasible.

6. Landscaping. Landscaping shall be installed and maintained as necessary to conceal or screen the facility from public view. All landscaping shall be installed, irrigated, and maintained consistent with Chapter 17.72 (Landscaping) for the life of the permit.

7. Lights. Security lighting shall be down-shielded and controlled to minimize glare or light levels directed at adjacent properties.

8. Noise. All transmission equipment and other equipment (including but not limited to air conditioners, generators, and sump pumps) associated with the facility must not emit sound that exceeds the applicable limit established in Chapter 9.12 (Noises).

9. Public Right-of-Way.
a. Facilities located within or extending over the public right-of-way require city approval of an encroachment permit.
b. To conceal the nonantenna equipment, applicants shall install all nonantenna equipment underground to the extent feasible and appropriate for the proposed location. Additional expense to install and maintain equipment underground does not exempt an applicant from these requirements, except where the applicant demonstrates by clear and convincing evidence that the requirement will effectively prohibit the provision of personal wireless services.
c. Applicants must install ground-mounted equipment so that it does not obstruct pedestrian or vehicular traffic or incommode the public use of the right-of-way.

10. Signage.
a. A facility may not display any signage or advertisements unless expressly allowed by the city in a written approval, recommended under FCC regulations, or required by law or permit condition. 346
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11. Advertising. No advertising signage or identifying logos shall be displayed on wireless communications facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning, unless expressly allowed by the city in a written approval, recommended under FCC regulations, or required by law or permit condition.

12. Historic Features. A facility which modifies the exterior of a historic feature as defined in Section

17.84.020 (Types of historic resources) shall comply with the requirements of Chapter 17.84 (Historic Preservation).

13. Coastal Zone Considerations. Facilities in any portion of the city’s coastal zone shall be consistent with applicable policies of the city’s local coastal program (LCP) and the California Coastal Act. To the extent technically feasible and legally permissible, all facilities located in the city’s coastal zone must be designed, installed, mounted, and maintained so that no portion of a facility extends onto or impedes access to a publicly used beach.

B. Tower-Mounted Facilities.

1. General Design Preferences. To the extent feasible and appropriate for the proposed location, all new towers should be designed according to the following preferences, ordered from most preferred to least preferred:
a. Faux architectural features (examples include, but are not limited to, bell towers, clock towers, lighthouses, obelisks and water tanks); then
b. Faux trees; then
c. Monopoles that do not conceal the antennas within a concealment device.

2. Tower-Mounted Equipment. All tower-mounted equipment shall be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants should mount nonantenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the antennas to the maximum extent feasible.

3. Ground-Mounted Equipment. Ground-mounted equipment shall be concealed with opaque fences or other opaque enclosures. The city may require additional design and/or landscape features to blend the equipment or enclosure into the surrounding environment.

4. Concealment Standards for Faux Trees. All faux tree facilities shall comply with the following standards:
a. The canopy shall completely envelop all tower-mounted equipment and extend beyond the towermounted equipment at least eighteen inches. b. The canopy shall be naturally tapered to mimic the particular tree species. c. All tower-mounted equipment, including antennas, equipment cabinets, cables, mounts and brackets, shall be painted flat natural colors to mimic the particular tree species. d. All antennas and other tower-mounted equipment cabinets shall be covered with broadleaf or pine needle “socks” to blend in with the faux foliage.
e. The entire vertical structure shall be covered with permanently affixed three-dimensional faux bark cladding to mimic the particular tree species.

C. Building- and Facade-Mounted Facilities.
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Capitola Municipal Code
Chapter 17.104 WIRELESS COMMUNICATIONS

FACILITIES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

1. General Design Preferences. To the extent feasible and appropriate for the proposed location, all new building- and facade-mounted facilities should be designed according to the following preferences, ordered from most preferred to least preferred:
a. Completely concealed and architecturally integrated facade- or rooftop-mounted base stations which are not visible from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials); then
b. Completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, and chimneys); then
c. Facade-mounted facilities incorporated into “pop-out” screen boxes designed to be architecturally consistent with the original support structure.

2. Ground-Mounted Equipment. Outdoor ground-mounted equipment associated with base stations must be avoided whenever feasible. In locations visible or accessible to the public, outdoor ground-mounted equipment shall be concealed with opaque fences or landscape features that mimic the adjacent structures (including, but not limited to, dumpster corrals and other accessory structures).

D. Pole-Mounted Facilities in the Public Right-of-Way.

1. All Facilities. All facilities mounted to steel light poles and wood utility poles in the public right-of-way shall comply with the following design standards:
a. Antennas, brackets, and cabling shall all be painted a single color that matches the pole color. b. Unnecessary equipment manufacturer decals shall be removed or painted over. c. The facility shall not alter vehicular circulation or parking within the public right-of-way or impede vehicular or pedestrian access or visibility along the public right-of-way. d. All pole-mounted transmission equipment (including, but not limited to, antennas) shall be installed as close to the pole as technically and legally feasible to minimize impacts to the visual profile. e. Colors and materials for facilities shall be chosen to minimize visibility. All visible exterior surfaces shall be constructed with nonreflective materials and painted and/or textured to match the support pole.

All conduits, conduit attachments, cables, wires and other connectors must be concealed from public view to the maximum extent feasible.
f. An applicant may request an exemption from one or more standards in this subsection D (Pole-Mounted Facilities in the Public Right-of-Way) on the basis that such exemption is necessary to comply with Public Utilities Commission General Order 95. The applicant bears the burden to demonstrate why such exemption should be granted.

2. Steel Pole Facilities. Facilities mounted to a steel light pole in the public right-of-way shall comply with the following design standards:
a. All equipment and cabling shall be located in the pole and concealed from view. b. Antennas shall be located on the top of the pole as a vertical extension of the pole. Antennas and equipment may not be mounted onto the side of the pole. c. To the extent technically feasible, antennas shall be contained within a maximum fourteen-inch-wide enclosure on the top of the pole.
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Item 9 B.

Capitola Municipal Code
Chapter 17.104 WIRELESS COMMUNICATIONS

FACILITIES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

3. Wood Pole Facilities. Facilities mounted to a wood utility pole in the public right-of-way shall comply with the following design standards:
a. Equipment enclosures shall be as narrow as feasible with a vertical orientation to minimize its visibility when attached to the pole. The equipment mounting base plates may be no wider than the pole. b. Side-mounted equipment may extend no more than five feet horizontally from the side of the pole. c. Equipment shall be stacked close together on the same side of the pole. d. A line drop (no electric meter enclosure) shall be used if allowed by the utility company. e. Shrouds, risers, or conduit shall be used to reduce the appearance of cluttered or tangled cabling. f. Side-mounted antennas shall be attached to the pole using an arm with flanges/channels that reduces the visibility of cabling and passive RF gear.
g. To the extent technically feasible, top-mounted antennas may be no wider than the width of the pole top.

4. Undergrounding of Cabling Between Pole-Mounted Facilities in the Coastal Zone. For new pole-mounted facilities located in the city’s coastal zone, any proposed cable between such facilities shall be placed underground to the extent feasible. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.080 Operation and maintenance requirements.

All wireless communications facilities approved through a city permit or deemed granted by operation of law shall comply with the following operation and maintenance requirements:

A. General Compliance. All facilities shall comply with all applicable goals, objectives and policies of the general plan/local coastal program, area plans, zoning regulations and development standards; the California Coastal Act; and the California Environmental Quality Act (CEQA).

B. Access Control. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The community development director may require the provision of warning signs, fencing, anticlimbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance.

C. Noise. All facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities. At any time, noise attenuation measures may be required by the community development director when deemed necessary. Facilities shall comply with all applicable noise standards in the general plan and municipal code. Testing and maintenance activities of wireless communications facilities which generate audible noise shall occur between the hours of eight a.m. and five p.m. weekdays (Monday through Friday, nonholiday) excluding emergency repairs, unless allowed at other times by the community development director.

D. General Maintenance. The site and the facility, including but not limited to all landscaping, fencing, transmission equipment, antennas, towers, equipment, cabinets, structures, accessory structures, signs, and concealment and/or stealth features and standards shall be maintained in a state of good repair, in a neat and clean manner, and in accordance with all approved permits and conditions of approval. Damage to the site and the facility shall be repaired promptly. This shall include keeping all wireless communications facilities graffiti free and maintaining security fences in good condition.

E. Change in Federal or State Regulations. All facilities shall meet the current standards and regulations of the FCC, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate wireless communications providers. If such standards and/or regulations are changed, the wireless communications provider shall bring its facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring a wireless 349
Item 9 B.

Capitola Municipal Code
Chapter 17.104 WIRELESS COMMUNICATIONS

FACILITIES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. communications facility into compliance with revised standards and regulations shall constitute grounds for the immediate removal of the facility at the wireless communications provider’s expense.

F. Service after Natural Disaster. All wireless communications facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.090 Temporary wireless communications facilities.

A. A temporary wireless communications facility, such as a “cell-on-wheels” (COW), may be used to replace wireless communications facility services during the relocation or rebuilding process of an existing facility, during festivals or other temporary events and activities that otherwise require a permit under this chapter, and during public emergencies.

B. A temporary wireless communications facility shall be processed as an administrative use permit under a proposed or existing permit when used during the relocation or rebuilding process of an existing wireless communications facility, or when used for a festival or other temporary event or activity.

C. A temporary wireless communications facility to protect public health, safety or welfare during an emergency shall be processed as a Tier 2 administrative permit. The applicant shall submit an application for a temporary emergency use permit before installation of such temporary wireless communications facility.

D. The community development director may approve a temporary wireless communications facility for no more than ninety days.

E. A temporary wireless facility may be approved for a period of up to one year if the following requirements are met:

1. The planning commission determines that the temporary wireless communications facility shall be sited and constructed so as to:
a. Avoid proximity to residential dwellings to the maximum extent feasible; b. Be no taller than needed;
c. Be screened to the maximum extent feasible; and
d. Be erected for no longer than reasonably required, based on the specific circumstances.

2. Permits and/or authorizations in excess of ninety days for temporary wireless communications facilities shall be subject to the notice and review procedures required by Section 17.104.040(H) (Public Notice and Hearing).

F. The property owner and service provider of the temporary wireless communications facility installed pursuant to this section (Temporary wireless communications facilities) shall immediately remove such facility from the site at the end of the specified term or the conclusion of the relocation or rebuilding process, temporary event, or emergency, whichever occurs first. The property owner and service provider of the temporary wireless communications facility shall be jointly and severally liable for timely removal of such temporary facility. The city may (but is not obligated to) remove any temporary wireless communications facility installed pursuant to this section (Temporary wireless communications facilities) at the owner’s and provider’s cost immediately at the end of the specified term or conclusion of the relocation or rebuilding process, temporary event, or emergency, whichever occurs first. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.100 Limited exemption from standards.

A. Request for Exemption. An applicant may request an exemption from one or more requirements in this chapter on the basis that a permit denial would effectively prohibit personal wireless services in Capitola.

B. Basis for Approval. For the city to approve such an exemption, the applicant must demonstrate with clear and convincing evidence all of the following:
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Capitola Municipal Code
Chapter 17.104 WIRELESS COMMUNICATIONS

FACILITIES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

1. A significant gap in the applicant’s service coverage exists;

2. All alternative sites identified in the application review process are either technically infeasible or not potentially available; and

3. Permit denial would effectively prohibit personal wireless services in Capitola.

C. Applicant Must Demonstrate Basis for Approval. The applicant always bears the burden to demonstrate why an exemption should be granted. (Ord. 1043 § 2 (Att. 2), 2020)

17.104.110 Severability.

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect. (Ord. 1043 § 2 (Att. 2), 2020)
351
Item 9 B.

Capitola Municipal Code
Chapter 17.112 PERMIT APPLICATION AND REVIEW

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Chapter 17.112

PERMIT APPLICATION AND REVIEW
Sections:

17.112.010 Purpose.

17.112.020 Application preparation and filing.

17.112.030 Application fees.

17.112.040 Application review.

17.112.050 Multiple permit applications.

17.112.060 Project evaluation and staff reports.

17.112.070 Environmental review.

17.112.080 Applications deemed withdrawn.

17.112.090 Referrals to Planning Commission

17.112.010 Purpose.

This chapter establishes procedures for the preparation, filing, and processing of permits required by the zoning code. The term “permit” when used in this chapter refers to any action, permit, or approval listed in Table 17.108-1 (Review and Decision-Making Authority). (Ord. 1043 § 2 (Att. 2), 2020)

17.112.020 Application preparation and filing.

A. Pre-Application Conference.

1. The city encourages prospective applicants to request a pre-application conference with the community development department before completing and filing a permit application.

2. The purpose of this conference is to:
a. Inform the applicant of city requirements as they apply to the proposed project; b. Inform the applicant of the city’s review process;
c. Identify information and materials the city will require with the application, and any necessary technical studies and information relating to the environmental review of the project; and d. Provide guidance to the applicant of possible project alternatives or modifications.

3. The pre-application conference and any information provided to prospective applicants by city staff shall not be construed as a recommendation for approval or denial of an application.

4. Failure by city staff to identify all permit requirements shall not constitute a waiver of those requirements. 352
Item 9 B.

Capitola Municipal Code
Chapter 17.112 PERMIT APPLICATION AND REVIEW

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Figure 17.112-1: Typical Permit Review and Approval Process B. Application Contents.

1. All permit applications shall be filed with the community development department on an official city application form.

2. Applications shall be filed with all required fees, information, and materials as specified by the community development department.

C. Eligibility for Filing.

1. An application may only be filed by the property owner or the property owner’s authorized agent. 353
Item 9 B.

Capitola Municipal Code
Chapter 17.112 PERMIT APPLICATION AND REVIEW

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

2. The application shall be signed by the property owner or the property owner’s authorized agent if written authorization from the owner is filed concurrently with the application. (Ord. 1043 § 2 (Att. 2), 2020)

3. The city shall not accept an application for a property subject to an active code enforcement action pursuant to Municipal Code Title 4 (General Municipal Code Enforcement) unless correction of the code violation is included as part of the proposed project.

17.112.030 Application fees.

A. Fee Schedule. Fees required to process permit applications are identified in the planning fee schedule approved by the city council.

B. Requirement of Payment.

1. The city may deem an application complete and begin processing the application only after all required fees have been paid.

2. Failure to pay any required supplemental application fees is a basis for denial or revocation of a permit application.

C. Refunds and Withdrawals.

1. Application fees cover city costs for public hearings, mailings, staff and consultant time, and the other activities involved in processing applications. Consequently, the city will not refund fees for a denied application.

2. In the case of an application withdrawal, the community development director may authorize a partial refund of a deposit account based upon the pro-rated costs to date and the status of the application at the time of withdrawal.

3. Flat fees submitted in conjunction with a permit application are nonrefundable. (Ord. 1043 § 2 (Att. 2), 2020)

17.112.040 Application review.

A. Review for Completeness.

1. Initial Review. The community development department shall review each application for completeness and accuracy before it is accepted as being complete and officially filed.

2. Basis for Determination. The community development department’s determination of completeness shall be based on the city’s list of required application contents and any additional written instructions provided to the applicant in a pre-application conference and during the initial application review period.

3. Notification of Applicant. Within thirty calendar days of application submittal, the community development department shall inform the applicant in writing that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information is required.

4. Appeal of Determination. When the community development department has determined that an application is incomplete, and the applicant believes that the application is complete or that the information requested by the community development department is not required, the applicant may appeal the community development department’s determination in compliance with Chapter 17.152 (Appeals).

5. Submittal of Additional Information.
a. When the community development department determines that an application is incomplete, the time used by the applicant to submit the required additional information is not considered part of the time within which the determination of completeness for resubmitted materials shall occur. 354
Item 9 B.

Capitola Municipal Code
Chapter 17.112 PERMIT APPLICATION AND REVIEW

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. Additional required information shall be submitted in writing. c. The community development department’s review of information resubmitted by the applicant shall be in compliance with subsection (A)(5)(a) of this section, along with another thirty-day period of review for completeness.

6. Environmental Information. After the community development department has accepted an application as complete, the department may require the applicant to submit additional information for the environmental review of the project in compliance with the California Environmental Quality Act (CEQA). (Ord. 1043 § 2 (Att. 2), 2020)

17.112.050 Multiple permit applications.

A. Concurrent Filing. An applicant for a development project that requires the filing of more than one application (e.g., zoning map amendment and a conditional use permit) shall file all related applications concurrently unless the concurrent filing requirements are waived by the community development director.

B. Concurrent Processing. The community development department shall process multiple applications for the same project concurrently. Projects requiring multiple permit applications shall be reviewed and acted upon by the highest review authority designated by the zoning code for any of the applications (e.g., a project requiring a zoning map amendment and a conditional use permit shall have both applications decided by the city council, instead of the planning commission acting on the conditional use permit). The planning commission shall provide a recommendation to the city council on permits and approvals ordinarily acted upon by the planning commission. (Ord. 1043 § 2 (Att. 2), 2020)

17.112.060 Project evaluation and staff reports.

A. Staff Evaluation. The community development department shall review all permit applications to determine if they comply with the zoning code, the general plan, the local coastal program, and other applicable city policies and regulations.

B. Staff Report. For all permit applications requiring review by the planning commission or city council, the community development department shall prepare a staff report describing the proposed project and including, where appropriate, a recommendation to approve, approve with conditions, or deny the application.

C. Report Distribution. Staff reports shall be furnished to the applicant at the same time as they are provided to the review authority before action on the application. (Ord. 1043 § 2 (Att. 2), 2020)

17.112.070 Environmental review.

A. CEQA Review. After acceptance of a complete application, the community development department shall review the project in compliance with the California Environmental Quality Act (CEQA) to determine whether:

1. The proposed project is exempt from the requirements of CEQA;

2. The proposed project is not a project as defined by CEQA;

3. A negative declaration may be issued;

4. A mitigated negative declaration may be issued; or

5. An environmental impact report (EIR) is required.

B. Compliance with CEQA. These determinations and, where required, the preparation of appropriate environmental documents shall be in compliance with CEQA and any adopted city CEQA guidelines.

C. Special Studies Required. Special studies, paid for in advance by the applicant, may be required to supplement the city’s CEQA compliance review. (Ord. 1043 § 2 (Att. 2), 2020) 355
Item 9 B.

Capitola Municipal Code
Chapter 17.112 PERMIT APPLICATION AND REVIEW

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

17.112.080 Applications deemed withdrawn.

A. Response Required. If an applicant does not pay required supplemental fees or provide information requested in writing by the community development department within nine months following the date of the letter, the application shall expire and be deemed withdrawn without any further action by the city.

B. Resubmittal. After the expiration of an application, future city consideration shall require the submittal of a new complete application and associated filing fees. (Ord. 1043 § 2 (Att. 2), 2020)

17.112.090 Referrals to Planning Commission
The community development director may refer any application involving a discretionary action to the planning commission for review and final decision. Referral to the planning commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to the requested approval. 356
Item 9 B.

Capitola Municipal Code
Chapter 17.140 REASONABLE ACCOMMODATIONS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Chapter 17.140

REASONABLE ACCOMMODATIONS
Sections:

17.140.010 Purpose.

17.140.020 When allowed.

17.140.030 Review authority.

17.140.040 Public notice of process availability.

17.140.050 Application requirements.

17.140.060 Review procedure.

17.140.070 Criteria for decision.

17.140.080 Conditions of approval.

17.140.090 Appeals and post-decision procedures.

17.140.010 Purpose.

This chapter establishes a procedure for requesting reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act.

A reasonable accommodation is typically an adjustment to physical design standards to accommodate the placement of wheelchair ramps or other exterior modifications to a dwelling in response to the needs of a disabled resident. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.020 When allowed.

A. Eligible Applicants. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of the zoning code or other land use regulations, policy, or practice acts as a barrier to fair housing opportunities.

B. Definition. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment.

C. Eligible Request. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.030 Review authority.

A. Community Development Director. The community development director shall take action on reasonable accommodation applications if the application is not filed for concurrent review with an application for discretionary review by the planning commission or city council.

B. Other Review Authority. If a reasonable accommodation application is submitted concurrently with a permit application reviewed by the planning commission or city council, the reasonable accommodation application shall be reviewed by the planning commission or city council.

C. Referral to Planning Commission. The community development director may refer any reasonable accommodation application to the planning commission for review and final decision. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.040 Public notice of process availability.

Notice of the availability of the reasonable accommodation process shall be publicly displayed at City Hall. Forms for requesting reasonable accommodation shall be available to the public at the community development department at City Hall. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.050 Application requirements.

A. Application. A request for reasonable accommodation shall be submitted on an application form provided by the community development department along with any fees required by the planning fee schedule. 357
Item 9 B.

Capitola Municipal Code
Chapter 17.140 REASONABLE ACCOMMODATIONS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

B. Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (e.g., conditional use permit, design review, coastal development permit), then the applicant shall file the reasonable accommodation application materials together for concurrent review with the application for discretionary approval.

C. Application Timing. A request for reasonable accommodation may be filed at any time that the accommodation is necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligation to comply with other applicable regulations not at issue in the requested accommodation.

D. Application Assistance. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible to the individual. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.060 Review procedure.

A. Director Review.

1. The community development director shall make a written determination within forty-five days and either grant, grant with modifications, or deny a request for reasonable accommodation.

2. If necessary to reach a determination on the request for reasonable accommodation, the community development director may request further information from the applicant consistent with fair housing laws. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant submits the requested information.

B. Other Review Authority. The determination on whether to grant or deny the request for reasonable accommodation submitted concurrently with a discretionary permit application shall be made by the planning commission or city council in compliance with the review procedure for the discretionary review. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.070 Criteria for decision.

The review authority shall make a written decision and either approve, approve with modifications, or deny a request for reasonable accommodation based on consideration of all of the following factors:

A. Whether the housing which is the subject of the request will be used by an individual defined as disabled under the Americans with Disabilities Act.

B. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Americans with Disabilities Act.

C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.

D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including but not limited to land use and zoning.

E. Potential impacts on surrounding uses.

F. Physical attributes of the property and structures.

EG. Other reasonable accommodations that may provide an equivalent level of benefit. (Ord. 1043 § 2 (Att. 2), 2020)

17.140.080 Conditions of approval.

In approving a request for reasonable accommodation, the review authority may impose conditions of approval to ensure that the reasonable accommodation will comply with the criteria required by Section 17.140.070 (Criteria for decision). (Ord. 1043 § 2 (Att. 2), 2020)
358
Item 9 B.

Capitola Municipal Code
Chapter 17.140 REASONABLE ACCOMMODATIONS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

17.140.090 Appeals and post-decision procedures.

A. Appeals. Reasonable accommodation decisions may be appealed consistent with Chapter 17.152 (Appeals). If an applicant needs assistance in filing an appeal on an adverse decision, the city will provide assistance to ensure that the appeals process is accessible.

B. Other Post-Decision Procedures. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to reasonable accommodation decisions. (Ord. 1043 § 2 (Att. 2), 2020) 359
Item 9 B.

Capitola Municipal Code
Chapter 17.148 PUBLIC NOTICE AND HEARINGS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Chapter 17.148

PUBLIC NOTICE AND HEARINGS
Sections:

17.148.010 Purpose.

17.148.020 Notice of hearing.

17.148.030 Notice of pending action for minor use permits and minor design permits.

17.148.040 Notice for wireless communications facility applications.

17.148.050 Scheduling of hearing.

17.148.060 Hearing procedure.

17.148.070 Recommendations.

17.148.080 Decision and notice.

17.148.010 Purpose.

This chapter establishes procedures for public notices and hearings required by the zoning code. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.020 Notice of hearing.

When the zoning code requires a noticed public hearing, the city shall provide notice of the hearing as required by this section and by the California Government Code.

A. Content of Notice. Notice of a public hearing shall include all of the following information, as applicable:

1. Hearing Information. The date, time, and place of the hearing; the name of the hearing body; and the phone number, email address, and street address of the community development department where an interested person could call or visit to obtain additional information.

2. Project Information. 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. Statement on Environmental Document. 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.

4. Zoning Map Amendments (Rezoning). Public notices posted on site for proposed zoning map amendments (rezoning) shall consist of the words “Notice of Proposed Change of Zone” printed in plain type with letters not less than one and one-half inches in height.

B. Method of Notice Distribution. Notice of a public hearing required by the zoning code shall be given at least ten calendar days before the hearing date in compliance with subsections (B)(1) through (5) of this section and as summarized in Table 17.148-1.

Table 17.148-1: Method of Notice Distribution
Type of Permit or Approval Hearing Mailed Notice Printed Notice Posted at Site
Notice Published in
Newspaper
Conceptual Review
Yes Yes No
Design Permit and Appeal
360
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Capitola Municipal Code
Chapter 17.148 PUBLIC NOTICE AND HEARINGS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Type of Permit or Approval Hearing Mailed Notice Printed Notice Posted at Site
Notice Published in
Newspaper
Major Revocable Encroachment Permit and Appeal 300-foot radius for adjacent property
Minor Modification and Appeal owners
Minor Design Permit Appeal
Minor Use Permit Appeal
Removal of Structure from Designated Historic Structure List Sign Permit and Appeal
Historic Alteration Permit
Historic Resource Demolition Permit
Tenant Use Permit Appeal
Development Agreement
Yes
300-foot radius for
adjacent property
owners
Yes Yes
Variance and Appeal
Conditional Use Permit and Appeal
Master Use Permit, Amendment, and Appeal
Condominium Conversion and Appeal
Subdivision and Appeal
Development Plans (PD Zones)
Zoning Code and Map Amendment Determined by type of
proposed amendment.

See California
Government Code.

Determined by type of
proposed amendment.

See California
Government Code. [1]
General Plan Amendment Yes
Coastal Land Use Plan Amendment
Coastal Development Permit and Appeal Yes
100-foot radius for
adjacent property
owners
Yes Yes
Notice of Administrative Review for Minor Design Permit and Minor Use Permit
Yes
100-foot radius Yes No
Wireless Communications Facility Permits and Approvals See Chapter 17.104 (Wireless Communications Facilities) Note:
[1] See 17.148.020(A)(4) for Zoning Map Amendment notice font size requirement.

1. Newspaper Publication. Where required by Table 17.148-1, notice shall be published in at least one newspaper of general circulation at least ten calendar days before the hearing.

2. Mailing. Where required by Table 17.148-1, notice shall be mailed at least ten calendar days before the scheduled hearing to the following recipients:
a. Project Site Owners and the Applicant. The owners of the subject property or the owner’s authorized agent, and the applicant.
b. Adjacent Property Owners. For all hearings before the planning commission and appeals thereof with the exception of solely coastal development permits, the owners of the real property located within a radius of three hundred feet from the exterior boundaries of the subject property. c. California Coastal Commission. For applications including a coastal development permit, a notice shall be mailed to the California Coastal Commission Central Coast office. 361
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Capitola Municipal Code
Chapter 17.148 PUBLIC NOTICE AND HEARINGS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. d. Local Agencies. Each local agency expected to provide roads, schools, sewerage, streets, water, or other essential facilities or services to the subject property, whose ability to provide those facilities and services may be significantly affected.
e. Persons Requesting Notice. Any person who has filed a written request for notice with the community development department.
f. Blind, Aged, and Disabled Communities. Whenever a hearing is held regarding a permit for a drivethrough 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. g. Other Persons. Any other person whose property, in the judgment of the community development department, might be affected by the proposed project.

3. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (B)(2) 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.

4. Posting. A printed notice shall be posted at the project site at least ten calendar days prior to the hearing.

5. Additional Notice. In addition to the types of notice required above, the community development department may provide additional notice as determined necessary or desirable.

6. 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. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.030 Notice of pending action for minor use permits and minor design permits.

A. For minor use permit and administrative design review applications, public notice of a pending action shall be mailed to the owners of the real property located within a radius of one hundred feet from the exterior boundaries of the subject property at least ten calendar days prior to the city taking action on the application.

B. In addition to information required by Section 17.148.020(A), the notice of a pending action shall state that the city is considering the application and that the community development director will hold a public hearing for the application only if a member of the public submits to the city a written request for a hearing within ten calendar days of the notice being sent.

C. If the city receives a request for a public hearing within ten calendar days of the notice being sent, the community development director shall hold a noticed public hearing on the application consistent with this chapter. Public notice of the requested public hearing will be mailed to the owners of real property located within a radius of one hundred feet from the exterior boundaries of the subject property.

D. If no request for a public hearing is received by the specified date, the community development director shall act on the application without a public hearing. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.040 Notice for wireless communications facility applications.

Public notice for wireless communications facility applications shall be given in accordance with Section

17.104.040(H) (Public Notice and Hearing). (Ord. 1043 § 2 (Att. 2), 2020)

17.148.050 Scheduling of hearing.

After the completion of any environmental document required by the California Environmental Quality Act (CEQA), and a community development department staff report, a matter requiring a public hearing shall be scheduled on the next available agenda reserved for public hearings, but no sooner than any minimum time period established by state law. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.060 Hearing procedure.

A. General. Hearings shall be conducted in a manner consistent with the procedures adopted or endorsed by the hearing body and consistent with the open meeting requirements of the Ralph M. Brown Act. 362
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Chapter 17.148 PUBLIC NOTICE AND HEARINGS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

B. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given, unless the required quorum of hearing body members is not present.

C. Continued Hearing. Any hearing may be continued without further public notice; provided, that the chair of the hearing body announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing.

D. Motion of Intent. The hearing body may announce a tentative decision, and defer action on a final decision until appropriate findings and conditions of approval have been prepared. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.070 Recommendations.

After a public hearing resulting in a recommendation to another hearing body, the recommendation shall be forwarded to the other hearing body. A copy of the staff report to the other hearing body with the recommendation shall be provided to applicant. (Ord. 1043 § 2 (Att. 2), 2020)

17.148.080 Decision and notice.

A. Date of Action. The hearing body shall take action on the matter being considered following the close of the public hearing. The hearing body shall also take action on projects within the following time frame as required by the California Environment Quality Act (CEQA):

1. Within sixty days of the date a negative declaration or mitigated negative declaration has been adopted for project approval, the city shall take action on the accompanying discretionary project.

2. Within one hundred eighty days from the date the decision-making authority certifies a final environmental impact report (EIR), the city shall take action on the accompanying discretionary project.

B. Decision.

1. The hearing body may announce and record its decision on the matter being considered at the conclusion of a scheduled hearing, or make a motion of intent and continue the matter to a later meeting agenda.

2. At the conclusion of a hearing conducted by the community development director, the community development director may choose to refer the matter to the planning commission for review and final decision.

Referral to the planning commission may be chosen in cases of unusual public sensitivity, controversy, or complexity relating to the requested approval.

C. Notice of Decision.

1. If the review authority denies a permit, notice shall be mailed to the applicant and property owner the next day and shall include procedures for appeal, if applicable.

2. Following a final decision granting a permit and conclusion of the appeal period as described in Chapter

17.152, the community development department shall provide notice of the final action to the applicant and to any person who specifically requested notice of the final action. a. Notice of an approved final action shall contain applicable findings, conditions of approval, reporting and monitoring requirements, and the expiration date of the permit. b. Notice of final actions that include a coastal development permit that may be appealed to the California Coastal Commission will include notice that they are subject to an additional ten-working-day appeal period. (Ord. 1043 § 2 (Att. 2), 2020)
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Capitola Municipal Code
Chapter 17.156 POST-DECISION PROCEDURES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Chapter 17.156

POST-DECISION PROCEDURES
Sections:

17.156.010 Purpose.

17.156.020 Issuance of permits.

17.156.030 City council decisions.

17.156.040 Effective date of decision.

17.156.050 Conformance to approved plans.

17.156.060 Performance guarantees.

17.156.070 Changes to an approved project.

17.156.080 Time limits and extensions.

17.156.090 Resubmittals.

17.156.100 Permits to run with the land.

17.156.110 Permit revocation.

17.156.010 Purpose.

This chapter establishes procedures and requirements that apply following a city decision on a permit required by the zoning code. (Ord. 1043 § 2 (Att. 2), 2020)

17.156.020 Issuance of permits.

Permits shall not be issued until the effective date; provided, that no appeal of the review authority’s decision has been filed in compliance with Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)

17.156.030 City council decisions.

All decisions of the city council on appeals, legislative actions, and other matters are final and conclusive except for decisions which may be appealed to the Coastal Commission. (Ord. 1043 § 2 (Att. 2), 2020)

17.156.040 Effective date of decision.

A. City Council Decisions.

1. A decision of the city council on a project outside of the coastal zone is final and shall be effective on the date the decision is rendered.

2. A decision of the city council on a project within the coastal zone that is not appealable to the Coastal Commission is final and shall be effective on the date the Coastal Commission receives a notice of final action consistent with Section 17.44.140 (Notice of final action).

3. A decision of the city council on a project within the coastal zone that is appealable to the Coastal Commission is final and shall be effective after five p.m. on the tenth working day following the Coastal Commission’s receipt of the notice of final action when no appeal of the decision has been filed with the Coastal Commission in compliance with Section 17.44.150 (Appeals).

B. Other Decisions. The decision of the community development director or planning commission is final and effective after five p.m. on the tenth day following the date the decision is rendered, when no appeal of the decision has been filed in compliance with Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)

17.156.050 Conformance to approved plans.

A. Compliance. All work performed under an approved permit shall be in compliance with the approved drawings and plans and any conditions of approval imposed by the review authority.

B. Changes. Changes to an approved project shall be submitted and processed in compliance with Section

17.156.070 (Changes to an approved project). (Ord. 1043 § 2 (Att. 2), 2020) 364
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Chapter 17.156 POST-DECISION PROCEDURES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

17.156.060 Performance guarantees.

A. Security Required. The community development director may require an applicant to provide adequate security to guarantee the proper completion of any approved work or compliance with any conditions of approval.

B. Form of Security. The security shall be in the form of cash, a certified or cashier’s check, or a performance bond executed by the applicant and a corporate surety authorized to do business in California and approved by the city.

C. Amount of Security. The community development director shall determine the amount of the security necessary up to one hundred fifty percent of project cost to ensure proper completion of the approved work or compliance with any conditions of approval.

D. Duration of Security. The security shall remain in effect until all work has been completed and conditions fulfilled to the satisfaction of the community development director or until a specified warranty period has elapsed.

E. Release of Security. The security deposit shall be released upon completion of the approved work or compliance with any conditions of approval.

F. Failure to Comply.

1. Upon failure to complete any work or comply with conditions, the city may complete the work or fulfill the condition, and may collect from the applicant or surety all costs incurred, including administrative, engineering, legal, and inspection costs.

2. Any unused portion of the security shall be refunded to the funding source. (Ord. 1043 § 2 (Att. 2), 2020)

17.156.070 Changes to an approved project.

An approved project shall be established only as approved by the review authority, except when changes to the project are approved in compliance with this section.

A. Request for a Change. An applicant shall request desired changes in writing, and shall submit appropriate supporting materials and an explanation for the request.

B. Notice and Hearing. If the original approval required a noticed public hearing, a noticed public hearing is required for the requested change, except as allowed by subsection C of this section (Minor Changes).

C. Minor Changes. The community development director may authorize minor changes to an approved project if the changes comply with all of the following criteria:

1. The requested changes are consistent with the zoning code.

2. The requested changes are consistent with the spirit and intent of the original approval.

3. The requested changes do not involve a feature of the project that was a basis for findings in a negative declaration, mitigated negative declaration, or environmental impact report for the project.

4. The requested changes do not involve a feature of the project that was a basis for conditions of approval for the project.

5. The requested changes do not involve a feature of the project that was a specific consideration by the review authority in granting the approval.

6. The requested changes do not involve any expansion, intensification, or increase in size of the land use or structure.

7. The requested changes comply with the criteria above and involve a minor change to the project design that maintains the essential elements of the project as originally approved. Minor changes to a project design include but are not limited to modifications to:
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Chapter 17.156 POST-DECISION PROCEDURES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. The location, size, or design of a surface parking area if consistent with Chapter 17.76 (Parking and Loading).
b. The location or design of an accessory structure one hundred twenty square feet and ten feet in height or less.
c. The size, placement, or number of doors and windows provided the changes affect fewer than twentyfive percent of the structure’s doors and windows and no new privacy impacts would be created. d. Materials affecting less than twenty-five percent of the building facade provided the changes maintain the approved architectural style of the structure.
e. Fences and walls if consistent with Chapter 17.60 (Fences and Walls). f. Landscaping if consistent with Chapter 17.72 (Landscaping). g. Exterior lighting if consistent with Chapter 17.96 (Supplemental Standards). h. Roof forms and materials provided there is no increase in structure height. i. Facade articulation such as porch columns, shutters, tile work, and other architectural details.

Modifications that fundamentally alter the architectural style of a structure are not considered a minor change.
j. The number, location, and size of decks and patios provided no new noise or privacy impacts would be created.
k. The number, size, type, and location of skylights.
l. Other similar minor changes to project design as determined by the community development director. (Ord. 1043 § 2 (Att. 2), 2020)

17.156.080 Time limits and extensions.

A. Expiration of Permit.

1. A permit not exercised within two years shall expire and become void, except where:
a. The Pplanning Ccommission or Ccity Ccouncil establishes an alternative expiration date when initially approving the permit; or
b. aAn extension of time is approved as allowed by subsection C of this section (Extension of Time).

2. A permit shall expire and become void if the permitted land use is abandoned or discontinued for one year or longer.

B. Exercised Defined. A permit or approval shall be considered exercised when:

1. A building permit is issued and construction has commenced;

2. A certificate of occupancy is issued; or

3. The land use is established.

C. Extension of Time. The community development director may approve eExtensions to a permit may be approved in the following manner:

1. Extensions to a permit may be approved by the review authority which originally approved the permit. 366
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Chapter 17.156 POST-DECISION PROCEDURES

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2. In instances where the community development director was the approval authority, the community development director may choose to refer any action to extend a permit to the planning commission for review and final decision.

3. The review authoritycommunity development director may approve up to two two-year extensions (four years total) to a permit. The planning commission and Ccity Ccouncil may approve up to two four-year extensions (eight years total) to a permit. The review authority may also approve an extension up to the expiration date of a valid tentative map as allowed by the Subdivision Map Act for projects involving a subdivision of land if such an extension is necessary to prevent a substantial hardship for the project applicant.

4. The applicant shall submit to the community development department a written request for an extension of time no later than ten days before the expiration of the permit.

5. The review authority may extend the permit if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit in a timely manner.

6. The burden of proof is on the applicant to demonstrate that the permit should be extended. (Ord. 1043 § 2 (Att. 2), 2020)

17.156.090 Resubmittals.

A. Resubmittals Prohibited. For a period of twelve months following the denial or revocation of a permit, the city shall not accept an application for the same or substantially similar permit for the same site, unless the denial or revocation was made without prejudice, and so stated in the record.

B. Determination. The community development director shall determine whether the new application is for a permit which is the same or substantially similar to the previously denied or revoked permit.

C. Appeal. The determination of the community development director may be appealed to the planning commission, in compliance with Chapter 17.112 (Permit Application and Review). (Ord. 1043 § 2 (Att. 2), 2020)

17.156.100 Permits to run with the land.

Permits issued in compliance with the zoning code remain valid upon change of ownership of the site, structure, or land use that was the subject of the permit application. (Ord. 1043 § 2 (Att. 2), 2020)

17.156.110 Permit revocation.

Any discretionary permit may be revoked as provided for in this section.

A. Review Authority.

1. A permit may be revoked by the review authority which originally approved the permit.

2. In instances where the community development director was the approval authority, the community development director may choose to refer any action to revoke a permit to the planning commission for review and final decision.

B. Property Owner Notification. Prior to initiating proceedings to revoke a permit, the community development director shall notify the property owner of the permit violations, identify necessary corrections, and establish a reasonable period within which the property owner shall correct the violations. If the property owner has not corrected the violation within the specified period of time, the city may proceed with the process to revoke the permit.

C. Public Notice and Hearing. Public notice and hearing for any action to revoke a permit shall be provided in compliance with Chapter 17.148 (Public Notice and Hearings).

D. Findings. The review authority may revoke a permit only if one or more of the following findings can be made:

1. The applicant or property owner has altered the circumstances under which the permit was granted to a degree that one or more of the findings required to grant the original permit can no longer be made. 367
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Chapter 17.156 POST-DECISION PROCEDURES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

2. Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony.

3. One or more conditions of approval have been violated, or have not been complied with or fulfilled.

4. The use or structure for which the permit was granted no longer exists or has been discontinued for a continuous period of at least twelve months.

5. The applicant or property owner has failed or refused to allow inspections for compliance.

6. Improvements authorized by the permit are in violation of the zoning code or any law, ordinance, regulation, or statute.

7. The use or structure is being operated or maintained in a manner which constitutes a nuisance.

E. Effect of Revocation. The revocation of a permit shall have the effect of terminating the approval and denying the privileges granted by the permit.

F. Appeals. A decision on a permit revocation may be appealed in accordance with Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)
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Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

Chapter 17.160

GLOSSARY
Sections:

17.160.010 Purpose.

17.160.020 Definitions.

17.160.010 Purpose.

This chapter provides definitions of terms and phrases used in the zoning code that are technical or specialized, or which may not reflect common usage. If any of the definitions in this chapter conflict with others in the municipal code, these definitions shall control for only the provisions of this zoning code. If a word is not defined in this chapter or in other chapters of the zoning code, the community development director shall determine the appropriate definition. (Ord. 1043 § 2 (Att. 2), 2020)

17.160.020 Definitions.

A. “A” Terms.

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

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

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

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

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

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

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

8. Alteration. See “Modification.”

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

10. “Arbor” means a freestanding unenclosed structure with vertical latticework on two sides for climbing plants and crossbeams or lattice forming a covering connecting the sides. The space between the vertical latticework may be open or contain a bench for sitting.

11. “Assumed ground surface” means a line on each elevation of an exterior wall or vertical surface which connects those points where the perimeter of the structure meets the finished grade. 369
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Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

12. “Average slope” means the average slope of a parcel calculated using the formula: S = 100(I)(L)/A, where:
a. S = Average slope (in percent);
b. I = Contour interval (in feet);
c. L = Total length of all contour lines on the parcel (in feet); and d. A = Area of subject parcel (in square feet).

B. “B” Terms.

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

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

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

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

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

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

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

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

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

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

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

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

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

C. “C” Terms.
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Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

1. “California Environmental Quality Act (CEQA)” means California state law (Public Resources Code Section 2100 et seq.) requiring government agencies to consider the environmental consequences of their actions before taking action on a proposed project.

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

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

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

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

6. “Clerestory Window” means a window where the bottom of the glass is at least six feet above the finished floor height.

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

8. “Cohousing” means an intentional, collaborative neighborhood that combines private homes with shared indoor and outdoor spaces designed to support an active and interdependent community life. 987. “Colleges and trade schools” means institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees. Includes junior colleges, business and computer schools, management training, vocational education, and technical and trade schools. 1098. “Community assembly” means a facility that provides space for public or private meetings or gatherings.

Includes places of worship, community centers, meeting space for clubs and other membership organizations, social halls, union halls, banquet centers, and other similar facilities. 1109. “Community benefit” means a public amenity offered by a project applicant that advances general plan goals but is not required by the zoning code or any other provision of local, state, or federal law. 1210. “Commercial entertainment and recreation” means an establishment that provides entertainment or recreation activities or services for a fee or admission charge. Includes bowling alleys, electronic game arcades, billiard halls, pool halls, sports clubs, commercial gymnasiums, dancehalls, and movie theaters. 1321. “Community development director” means the community development director of the city of Capitola or his or her designee.
1432. “Construction and material yards” means storage of construction materials or equipment on a site other than a construction site. Includes public utility buildings and service yards used by a governmental agency. 1543. “Cultural institution” means a public or nonprofit institution that engages in cultural, scientific, and/or educational enrichment. Includes libraries, museums, performing art centers, aquariums, environmental education centers, nonprofit art centers and galleries, botanical gardens, and other similar uses. 1654. “Curb-side service” or “drive-up service” means service provided by a commercial establishment while a customer remains waiting within a vehicle.
1765. Custom Manufacturing. See “Manufacturing, custom.” D. “D” Terms.
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Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. “E” Terms.

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

Includes cocktail lounges, nightclubs, taverns, and other similar uses. Also includes tasting rooms with more than one hundred sixty square feet of floor area accessible to the public. b. “Restaurants and cafes” means a business establishment serving food and beverages to customers where the food and beverages may be consumed on the premises or carried out and where more than one hundred 372
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Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. sixty square feet of public area is open to customers. Includes full service restaurants, fast-food restaurants, coffee shops, cafes, and other similar eating and drinking establishments. c. “Take-out food and beverage” means establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where the area open to customers is limited to no more than one hundred sixty square feet. Includes take-out restaurants, take-out sandwich shops, limited service pizza parlors and delivery shops, and snack bars. Also includes catering businesses or bakeries that have a storefront retail component and tasting rooms with one hundred sixty square feet or less of floor area accessible to the public. Excludes “bars and lounges.”

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

3. “Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person, as defined in Section 50801 of the California Health and Safety Code. An emergency shelter may include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

F. “F” Terms.

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

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

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

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

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

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

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

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

G. “G” Terms.

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

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

3. “Gas and service stations” means a retail business establishment supplying gasoline and oil and minor accessories for automobiles. Included in this definition are incidental food and beverage and car wash facilities. 373
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

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

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

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

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

H. “H” Terms.

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

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

3. “Home day care” means a facility providing daytime supervision and care for up to fourteen children located in the provider’s own home. Includes both small and large home day care facilities as defined in California Health and Safety Code Sections 1597.44 and 1597.465.

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

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

6. “Home occupation” means the conduct of a business within a dwelling unit or residential site, with the business activity being subordinate to the residential use of the property. Does not include “vacation rental” as defined by this chapter.

I. “I” Terms.

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

J. “J” Terms. None.

K. “K” Terms.

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

L. “L” Terms.
374
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

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

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

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

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

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

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

7. Lot. See “Parcel.”
M. “M” Terms.

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

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

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

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

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

5. “Micro-Unit’ means a multifamily dwelling unit 350 square feet or less with a fully functioning kitchen and bathroom.

65. “Ministerial action” means a city decision on a planning permit which involves only the use of fixed standards or objective measurements and does not require the exercise of discretion. 375
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

76. “Mini-bar/convenience area” means a supplemental food preparation area within a single-family home subject to the standards in Section 17.16.030(B)(89) (Mini-Bar/Convenience Areas).

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

98. “Mixed use” means two or more different land uses located in one structure or on one parcel or development site.
109. “Mobile food vendors” means businesses selling food or drinks from temporary and semi-permanent structures or mobile equipment such as food trucks or pushcarts. 110. Mobile Home Park. See Section 17.100.030 (Definitions). 121. “Modification” means any construction or physical change in the internal arrangement of rooms or the supporting members of a structure, or a change in the external appearance of any structure, not including painting.
132. “Multifamily dwelling” means a building that contains three or more dwelling units, with each unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

N. “N” Terms.

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

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

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

O. “O” Terms.

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

2. “Open space, common” means areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit.

3. “Outdoor kitchen” means an outdoor space used or intended or designed to be used for cooking or the preparation of food for a single dwelling unit subject to the standards in Section 17.16.030(B)(910). Outdoor pizza ovens are included in the definition of an outdoor kitchen.

4. “Overlay zone” means an additional zoning district as shown on the zoning map that prescribes special regulations to a parcel in combination with the base zoning district.

P. “P” Terms.

1. “Parcel” means a lot, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the county of Santa Cruz, and which is recognized as a separate legal 376
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. entity for purposes of transfer of title, except public easements or rights-of-way. The meaning of “lot” is identical to “parcel.”

2. Parcel Area, Gross. “Gross parcel area” means the total horizontal area included within the parcel lines of the parcel, including one-half the width of any alley or portion thereof abutting a parcel line.

3. Parcel Area, Net. “Net parcel area” means the gross parcel area excluding: (a) any recorded easements to allow others to use the surface of the property for necessary access to an adjacent property or other similar use such as a shared driveway or public access agreement (excludes utility easements), and (b) any area under the high water mark that extends into a waterway.

4. Parcel, Corner. “Corner parcel” means a parcel situated at the junction of two or more intersecting streets, with a parcel line bordering on each of the two or more streets.

5. “Parcel depth” means the average distance from the front parcel line to the rear parcel line, measured in the general direction of the side parcel lines.

6. “Parcel line” means the lines bounding a parcel.

7. Parcel Line, Front. “Front parcel line” means that dimension of a parcel or portion of a parcel, abutting on a street except the side of a corner parcel. On a corner parcel the narrowest street frontage is considered the front parcel line. The community development director has the authority to determine and designate the front parcel line based on existing conditions and function of the lot.

8. Parcel Line, Rear. “Rear parcel line” means, ordinarily, the line of a parcel which is generally opposite the front parcel line of said parcel. The community development director has the authority to determine and designate the front parcel line based on existing conditions and function of the lot.

9. Parcel Line, Interior Side. “Interior side parcel line” means any boundary line not a front line or a rear line shared with another parcel.

10. Parcel Line, Exterior Side. “Exterior side parcel line” means any boundary line not a front line or a rear line adjacent to a street.

11. Parcel, Reversed Corner. “Reversed corner parcel” means a corner parcel, the side street line of which is substantially a continuation of the front line of the parcel upon which it rears.

12. “Parcel width” means the average distance between the side parcel lines, measured at right angles to the parcel depth.

13. “Parking lot” means an open area of land, a yard or other open space on a parcel other than a street or alley, used for or designed for temporary parking for more than four automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.

14. “Parking space” means land or space privately owned, covered or uncovered, laid out for, surfaced, and used or designed to be used for temporary parking or storage of standard motor vehicles.

15. “Parks and recreational facilities” means noncommercial public facilities that provide open space and/or recreational opportunities. Includes parks, community gardens, community centers, passive and active open space, wildlife preserves, playing fields, tennis courts, swimming pools, gymnasiums, and other similar facilities.

16. “Pergola” means an unenclosed structure with vertical posts or pillars that supports crossbeams and/or an open lattice. A pergola may be freestanding or attached to a building.

17. “Personal services” means an establishment that provides services to individuals and that may provide accessory retail sales of products related to the services provided. Includes barber shops and beauty salons, nail salons, dry cleaning establishments, self-service laundromats, tailors, tanning salons, state-licensed massage 377
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. therapists, fitness studios, yoga studios, dance studios, pet grooming services, veterinary clinics, and other similar land uses. Also includes establishments that primarily offer specialized classes in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction. This does not include professional offices that offer classes in addition to the professional office spaces.

18. “Planning permit” means any permit or approval required by the zoning code authorizing an applicant to undertake certain land use activities.

19. Potential Historic Resource. See Section 17.84.020(B) (Potential Historic Resource).

20. “Primary use” means the main purpose for which a site is developed and occupied, including the activities that are conducted on the site a majority of the hours during which activities occur.

21. “Primary structure” means a structure that accommodates the primary use of the site.

22. “Professional office” means a place of employment occupied by businesses providing professional, executive, management, or administrative services. Includes offices for accountants, architects, advertising agencies, insurance agents, attorneys, commercial art and design services, nonretail financial institutions, real estate agents, news services, photographers, engineers, employment agencies, and other similar professions.

Also includes research and development facilities that engage in research, testing, and development of commercial products or services in technology-intensive fields.

23. “Public safety facility” means a facility operated by a governmental agency for the purpose of protecting public safety. Includes fire stations and other fire-fighting facilities, police stations, public ambulance dispatch facilities, and other similar land uses.

Q. “Q” Terms. None.

R. “R” Terms.

1. “Recreational vehicle (RV)” means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, originally designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
a. Contains less than three hundred twenty square feet of internal living room area, excluding built-in equipment, including wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; b. Contains four hundred square feet or less of gross area measured at maximum horizontal projections; c. Is built on a single chassis; and
d. Is either self-propelled, truck-mounted, or permanently towable on the highways without a towing permit.

2. “Recycling collection facility” means a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public.

3. “Remodel” means a change or alteration in a building that does not increase the building’s net square footage.

4. “Residential care facility” means a state-licensed residential facility providing social and personal care for residents. Includes children’s homes, homes for the elderly, orphanages, self-help group homes, supportive housing, and transitional housing for the homeless. Excludes facilities where medical care is a core service provided to residents, such as nursing and convalescent homes. a. “Residential care facility, large” means a residential care facility for seven or more persons. b. “Residential care facility, small” means a residential care facility for six or fewer persons. 378
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

5. “Residential mixed use” means one or more structures on a single parcel that contains both dwelling units and nonresidential uses such as retail, restaurants, offices, or other commercial uses. Different land uses may be within a single structure (vertical mixed use) or in separate structures on a single parcel (horizontal mixed use).

6. “Residential use” means any legal use of a property as a place of residence, including but not limited to dwelling units, group housing, and the residential component of a mixed-use residential building.

7. “Retail” means stores and shops selling merchandise to the general public. Includes drug stores, general merchandise stores, convenience shops, pet stores, department stores, grocery stores and other similar retail establishments.

8. “Retail cannabis establishment” means a retail store in which cannabis or cannabis products are sold for adult use and/or medicinal use.

98. “Review authority” means the city official or city body that is responsible, under the provisions of the zoning code, for approving or denying a permit application or other request for official city approval. 109. “Roof deck” means an occupied roof space created by a a walkable exterior floor system located above the top story of a structure, not including access, and supported by the roof of a building.

S. “S” Terms.

1. “Salvage and wrecking” means storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

2. “Schools, public or private” means public or private facilities for education, including elementary, junior high, and high schools, providing instruction and study required in public schools by the California Education Code.

3. “Setback” means the minimum allowable distance from a given point or line of reference such as a property line to the nearest vertical wall or other element of a building or structure as defined in this chapter, or from a natural feature such as a bluff edge or an environmentally sensitive habitat area. Setbacks for buildings or structures shall be measured at right angles from the nearest property line establishing a setback area line parallel to that parcel line. Where a property line is located within a street, the setback shall be measured from the edge of the right-of-way containing the street.

4. Sign. See Chapter 17.80 (Signs).

5. “Single-family dwelling” means a residential structure designed for occupancy by one household. A singlefamily dwelling provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. The “term Ssingle-family dwelling” includes employee housing for six or fewer persons as defined in Health and Safety Code Section 17008.

6. “Single-room occupancy” means housing consisting of a single-room dwelling unit that is the primary residence of its occupants. A single-room occupancy must include either food preparation or sanitary facilities (or both) and must be four hundred square feet or less.

7. “Site” means a parcel or adjoining parcels that are under single ownership or single control, and that are considered a unit for the purposes of development or other use.

8. “Site area” means the total area included within the boundaries of a site.

9. “Self-storage” means a structure or group of structures with controlled access that contains individual and compartmentalized stalls or lockers for storage of customers’ goods.

10. “Split zoning” means a parcel on which two or more zoning districts apply due to zoning district boundaries crossing or otherwise not following the parcel boundaries. 379
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

11. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade as defined in this chapter for more than fifty percent of the total perimeter or is more than twelve feet above grade as defined in this chapter at any point, such basement, cellar or unused under-floor space shall be considered as a story.

12. Story, Half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which are at least two opposite exterior walls and which are not more than four feet above the floor plate of the second floor, and may include shed or dormer projections from those walls. Dormers may constitute not more than one-third of the length of the wall upon which they are located, whether as a single unit or multiple dormers.

13. “Street” means a public way more than twenty feet in width which affords a primary or principal means of access to abutting property. “Streets” includes private roads and highways.

14. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor, ceiling or roof joists and roof rafters, or change in roof exterior lines which would prolong the life of the supporting members of a building.

15. “Structure” means anything constructed or erected that requires attachment to the ground, or attachment to something located on the ground. Pipelines, poles, wires, and similar installations erected or installed by public utility districts or companies are not included in the definition of “structure.” In the coastal zone, “structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

16. “Supportive housing” means housing with no limit on length of stay, that is occupied by low income adults with disabilities, and that is linked to on-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

T. “T” Terms.

1. “Tandem parking” means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

2. “Tasting room” means a room or rooms, open to the general public, primarily used for the retail marketing of winery, brewery, distillery, and/or food products.

3. “Temporary structure” means a structure that is erected for a limited period of time, typically no longer than one hundred eighty days, and that does not permanently alter the character or physical facilities of a property.

4. “Temporary use” means a short-term activity that may or may not meet the normal development or use standards of the applicable zone, but that occurs for a limited period of time, typically less than twelve months, and does not permanently alter the character or physical facilities of a property.

5. “Transitional housing” means temporary housing, generally provided for a period of six months to several years, with supportive services that prepare individuals or families to transition from emergency or homeless shelters to permanent housing. Such housing may be configured for specialized needs groups such as people with substance abuse problems, mental illness, domestic violence victims, veterans, or people with specified illnesses. Such housing may be provided in apartment complexes, boarding house complexes, or in singlefamily homes.

65. “Trellis” means a structure made from an open framework or lattice of interwoven or intersecting pieces of wood, bamboo or metal made to support and display climbing plants. A trellis may be freestanding or attached to a building wall or other structure.

U. “U” Terms.
380
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

1. “Upper floor” means any story of a building above the ground floor.

2. “Urban agriculture” means activities involving the raising, cultivation, processing, marketing, and distribution of food in urban areas.
a. “Home garden” means the property of a single-family or multifamily residence used for the cultivation of fruits, vegetables, plants, flowers, or herbs by the residents of the property, guests of the property owner, or a gardening business hired by the property owner. b. “Community garden” means privately or publicly owned land used for the non-commercial cultivation of fruits, vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members. c. “Urban farm” means privately or publicly owned land used for the cultivation of fruits, vegetables, plants, flowers, or herbs by an individual, organization, or business with the primary purpose of growing food for sale.

3. Use. See “Land use.”

4. “Utilities, major” means generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

5. “Utilities, minor” means infrastructure facilities that are necessary to serve development within the immediate vicinity such as electrical distribution lines and underground water and sewer lines.

V. “V” Terms.

1. “Vacation rental” means the occupancy for hire of residential property or a portion thereof for a period of less than thirty consecutive calendar days. See Section 17.40.030 (Vacation rental use (-VRU) overlay zone). “For hire,” for purposes of this section, does not include:
a. The owner or long-term lessee of the property, without consideration, allowing family or friends to use the property;
b. An arrangement whereby the owner or long-term lessee of the property agrees to a short-term trade with another property owner or long-term lessee whereby the sole consideration is each concurrently using the other’s property.

2. “Valet parking service” means a parking service provided to accommodate patrons of one or more businesses that is accessory and incidental to the business and by which an attendant on behalf of the business takes temporary custody of a patron’s motor vehicle and moves, parks, stores or retrieves the vehicle for the patron’s convenience.

3. “Vehicle repair” means an establishment for the repair, alteration, restoration, or finishing of any vehicle, including body repair, collision repair, painting, tire and battery sales and installation, motor rebuilding, tire recapping and retreading, and towing. Repair shops that are incidental to a vehicle sales or rental establishment on the same site are excluded from this definition.

4. “Vehicle sales and rental” means an establishment for the retail sales or rental of new or used vehicles.

Includes the sale of vehicle parts and vehicle repair; provided, that these activities are incidental to the sale of vehicles.

5. “Vehicle sales display room” means an establishment for the retail sales of new vehicles conducted entirely within an enclosed building. Outdoor storage and display of vehicles are not permitted.

W. “W” Terms.
381
Item 9 B.

Capitola Municipal Code
Chapter 17.160 GLOSSARY

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.

1. “Wall” means a permanent upright linear structure made of stone, concrete, masonry, or other similar material.

2. “Warehousing and distribution” means an establishment used primarily for the storage and/or distributing of goods to retailers, contractors, commercial purchasers or other wholesalers, or to the branch or local offices of a company or organization. Includes vehicle storage, moving services, general delivery services, refrigerated locker storage facilities, and other similar land uses.

3. “Wholesaling” means indoor storage and sale of goods to other firms for resale. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or internet orders.

Wholesalers normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic.

4. “Wireless communications facility” means a facility that transmits or receives electromagnetic signals for the purpose of transmitting voice or data communications. See Chapter 17.104 (Wireless Communications Facilities).

X. “X” Terms. None.

Y. “Y” Terms.

1. “Yard” means an open space, other than a court, on the same parcel with a building, unoccupied and unobstructed from the ground upward, except for such encroachments allowed by the zoning code.

2. Yard, Front. “Front yard” means a yard extending across the full width of the parcel, the depth of which is the minimum horizontal distance between the front line of the parcel and the nearest line of the main building or enclosed or covered porch. On a corner parcel the front line of the parcel is ordinarily construed as the least dimension of the parcel fronting on a street.

3. Yard, Rear. “Rear yard” means a yard extending across the full width of the parcel, and measured between the rear line of the main building or enclosed or covered porch nearest the rear line of the parcel; the depth of the required rear yard shall be measured horizontally.

4. Yard, Side. “Side yard” means a yard on each side of the main building extending from the front yard to the rear yard, the width of each yard being measured between the side line of the parcel and the nearest part of the main building or enclosed or covered porch. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020) 382
Item 9 B.

Capitola Road
Clares Street
Jade Street
Kennedy Drive
M O N T E R E Y B A Y 41st Avenue
Wharf Road
Bay Avenue
Monterey Avenue
Park Avenue
Escalona Drive
49th Avenue
Capitola Avenue
45th Avenue
MH
MH
MH
MH
C-R
CF
CF
CF
CF I
R-1
R-1
R-1
R-1
R-1 R-1
C-C
RM-M
MU-N
RM-L
PD
PD
MU-N

P/OS-VS MH
MH
C-C
C-C
R-1
P/OS
Ø
1 Ø
1 D R A F T Z O N I N G M A P

C I T Y O F C A P I T O L A

Z O N I N G C O D E U P D A T E
0 500 1,000 Feet
Capitola Avenue
Monterey Ave
*See Local Coastal Program
Habitats Map for boundaries
of Environmentally Sensitive
Habitats Area Overlay Zone.
49th Avenue
Capitola Avenue
Monterey Avenue
Capitola Avenue
Vacation Rental Use Village Residential
A U G U S T 2 0 2 4
Source: ESRI, 2017; PlaceWorks, 2017.

Residential Zoning Districts
R-1 - Single-Family Residential
RM-L - Multi-Family Residential, Low Density
RM-M - Multi-Family Residential, Medium Density
RM-H - Multi-Family Residential, High Density
MH - Mobile Home Park
Mixed-Use Zoning Districts
MU-V - Mixed Use Village
MU-N - Mixed Use Neighborhood
Commercial and Industrial Zoning Districts
C-R - Regional Commercial
C-C - Community Commercial
I - Industrial
Other Zoning Districts
P/OS - Parks and Open Space
CF - Community Facility
PD - Planned Development
VS - Visitor Serving
Overlay Zones*
-CZ - Coastal Zone
-VRU - Vacation Rental Use
-VR - Village Residential
-VS - Visitor Serving
City Limit
Santa Cruz Coastal Zone Boundary
383
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024.

Chapter 18.03

RESIDENTIAL DENSITY BONUS
Sections:

18.03.010 Applicability.

18.03.020 Purpose.

18.03.030 Density bonus.

18.03.040 California Coastal Act.

18.03.050 Concession or incentive.

18.03.060 Waiver or reduction.

18.03.070 Parking.

18.03.080 Projects within affordable housing overlay zones.

18.03.090 Application.

18.03.100 Findings for approval of density bonus, concessions, incentives, waivers, or reductions.

18.03.110 Successor Government Code provisions.

18.03.010 Applicability.

The regulations set forth in this chapter apply in all RM (multiresidential) districts and in all CC, CR, CN and PO (commercial) districts. (Ord. 938 § 1, 2009)

18.03.020 Purpose.

The residential density bonus provisions of this chapter are intended to provide incentives for the production of housing for very low, lower income, and moderate income or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this chapter, it is the intent of the city of Capitola to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the city’s housing element. (Ord. 938 § 1, 2009)

18.03.030 Density bonus.

A separate application by an applicant for a residential development project of five or more units, including such residential development projects that include as a component of the development a land donation or construction of a child care facility, or a senior citizen housing development as defined in California Civil Code Section 51.3, is eligible for a density bonus consistent with the requirements of California Government Code Section 65915. An applicant for a density bonus may also request concessions, incentives, reductions, or waivers consistent with the requirements of Sections 65915(d) and 65915(e).

The applicant may request a lesser density bonus than that which is available to the project under Section 65915; however, the city shall not be required to similarly reduce the number or type of units required to be provided pursuant to Sections 65915(b), 65915(c), and 65915(f). In calculating the density bonus for a project, each project shall be entitled to only one density bonus as provided in Section 65915(b)(2), and density bonuses from more than one category may not be combined. When calculating the number of required affordable units to qualify a project for a density bonus, any calculations resulting in fractional units shall be rounded up to the next larger integer. (Ord. 938 § 1, 2009)

18.03.040 California Coastal Act.

Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 3000) of the Public Resources Code). (Ord. 938 § 1, 2009)

18.03.050 Concession or incentive.

For purposes of this section, a concession or incentive shall mean a regulatory concession or incentive as defined in Section 65915(k) and as permitted by Section 65915(d). Developers requesting concessions and incentives shall submit a pro forma that demonstrates to the city that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project as required by Section 65915(k) and that the incentive or concession is required to provide for affordable housing costs. Nothing in this section requires the provision of 384
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024. direct financial incentives for the residential development project, including but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city at its sole discretion may choose to provide such direct financial incentives. Any such incentives may require payment of prevailing wages by the residential development project if required by state law. All concessions or incentives shall require the approval of the planning commission. (Ord. 938 § 1, 2009)

18.03.060 Waiver or reduction.

For purposes of this section, a waiver or reduction shall mean a change to a development standard that would otherwise have the effect of physically precluding the construction of a development with any density bonus, concessions, or incentives permitted by this section. For purposes of this section, a development standard is as defined in Section 65915(o)(1). (Ord. 938 § 1, 2009)

18.03.070 Parking.

Upon the written request of the developer, for a development project that qualifies for a density bonus, the city shall not require parking ratios that exceed the ratios identified in Section 65915(p)(1). For purposes of this section, onsite parking may be provided through tandem parking or uncovered parking but not on-street parking. (Ord. 938 § 1, 2009)

18.03.080 Projects within affordable housing overlay zones.

If the development project is within an affordable housing overlay (AHO) district as defined and implemented in Section 17.40.020, the city may grant a density bonus greater than allowed by this section, if the applicant meets the AHO standards. A residential development project may utilize the AHO as an alternative to the use of state density bonus or may choose to utilize a state density bonus permitted by Section 65915 but may not utilize both the AHO and state density bonuses. (Ord. 938 § 1, 2009)

18.03.090 Application.

An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted in conjunction with the first application for the development project and shall be processed concurrently with all other applications required for the project by the Capitola Municipal Code. The cost of reviewing any required data submitted as part of the application in support of a request for a concession or incentive, including but not limited to the cost to the city of hiring a consultant to review said data, shall be borne by the applicant. The application shall be submitted on a form provided by the city and shall include, at a minimum, the following information:

A. A site plan showing the total number of units, the number and location of the affordable or senior units qualifying the project for a density bonus, and the number and location of the proposed density bonus units; B. The level of affordability of any proposed affordable units and their conformance with Section 65915(c); C. A description of any requested incentives, concessions, waivers, or reductions of development standards, or modified parking standards. An application for an incentive or concession shall also include a pro forma demonstrating to the city that the requested concession or incentive results in an identifiable, financially sufficient, and actual cost reduction. Where the applicant is requesting the reduction or waiver of a development standard, the applicant shall submit evidence demonstrating that the application of the development standard would physically preclude construction of the project at the densities or with the concessions or incentives that the project is entitled to under this section.

D. If a density bonus is requested for a land donation pursuant to California Government Code Section 65915(g), the application shall show the location of the land to be dedicated and provide evidence that the requirements of Section 65915(g) have been met, thus entitling the project to the requested density bonus.

E. If a density bonus is requested for construction of a child care facility pursuant to California Government Code Section 65915(h), the application shall show the location and square footage of the proposed facility and provide evidence that the requirements of Section 65915(h) have been met, thus entitling the project to the requested density bonus. (Ord. 938 § 1, 2009)
385
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024.

18.03.100 Findings for approval of density bonus, concessions, incentives, waivers, or reductions.

A. Before approving a request for a density bonus, incentive, concession, parking reduction, or waiver, the review authority shall make the following findings, as applicable:

1. The residential development project is eligible for a density bonus and for any concessions, incentives, waivers, or parking reductions requested; conforms to all standards for affordability required by Section 65915(c); and includes a financing mechanism for all implementation and monitoring costs.

2. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation required by this section.

3. If the density bonus is based all or in part on dedication of land, all of the requirements included in Section 65915(g) have been met.

4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, all of the requirements included in Section 65915(h) have been met.

5. If the incentive or concession includes mixed uses, all of the findings included in Section 65915(k)(2) can be made.

6. If a waiver or reduction of a development standard is requested, the development standard would have the effect of physically precluding the construction of the development project at the density or with the incentives or concessions permitted by Section 65915.

B. The review authority may deny a request for an incentive or concession for which the findings set forth in subsection A of this section can be made only if it makes a written finding, based upon substantial evidence, of one of the following:

1. The incentive or concession is not required to provide for affordable rents or affordable ownership costs, as provided in Section 65915(d)(1)(A); or

2. The incentive or concession would have a specific adverse impact upon public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low, very low and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions, as they existed on the date that the application was deemed complete; or

3. The concession or incentive would be contrary to state or federal law.

C. The review authority may deny a request for a waiver or reduction for which the findings set forth in subsection A of this section can be made only if it makes a written finding, based upon substantial evidence, of one of the following:

1. The modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low, very low and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete; or

2. The modification would have an adverse impact on any real property that is listed in the California Register of Historic Resources; or

3. The waiver or reduction would be contrary to state or federal law. 386
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024.

D. The review authority may deny a density bonus, incentive, or concession that is based on the provision of child care facilities and for which the required findings can be made only if it makes a written finding, based on substantial evidence, that the city already has adequate child care facilities. (Ord. 938 § 1, 2009)

18.03.110 Successor Government Code provisions.

All references to sections of the Government Code include all successor sections.

Table 14.16.030-1 Summary of State Density Bonus Requirements The state density bonus law is codified at California Government Code Section 65915. In general, it requires the city to grant a density bonus, as well certain concessions and incentives, to qualifying residential development projects.

The following chart provides a general overview of the requirements:

Type of Units* % of Dedicated Units Density Bonus** Concessions or Incentives***
Lower Income 10% 20% 1
(1.5% increase in density bonus for every 1% of dedicated units over 10% threshold (max 35% density bonus) 20% 35% 2
30% or above 35% 3
Very Low Income 5% 20% 1
(2.5% increase in density bonus for every 1% increase in dedicated units over 5% threshold (max 35% density bonus)
10% 33% 2
11% 35%
15% or above 35% 3
Moderate Income (common
interest development****
only where all of the units
are offered for sale)
10% 5% 1
(1% increase in density bonus for each 1% increase in dedicated units over 10% threshold (max 35% density bonus)
20% 15% 2
30% 25% 3
40% or above 35% 3
* Section 65915 applies only to proposed developments of five or more units. ** Section 65915(f) defines a “density bonus” as “a density increase over the otherwise maximum allowable residential density as of the date of the application by the applicant to the city.” Section 65915(o)(2) defines “maximum allowable residential density” as “the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.”
*** A concession or incentive may be requested only if an application is also made for a density bonus, pursuant to Sections 65915(a) and 65915(d)(1). Concessions or incentives may be selected from only one category (very low, 387
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024. low, or moderate). No concessions or incentives are available for land donation or senior housing. Day care centers may have one concession or a density bonus, at the city’s option, but not both. **** Pursuant to California Civil Code Section 1351, a “common interest development” means a community apartment project, a condominium project, a planned development, and a stock cooperative.

In addition, a developer/applicant can also qualify for a mandated density bonus in the following way:

Project Threshold Density Bonus Concession or Incentive Senior Housing (not
affordable)
35 Units dedicated to
senior housing as defined
in Civil Code §§ 51.3 &

51.12 20% of senior units 0
(Ord. 938 § 1, 2009)
Sections:

18.03.010 – Purpose

18.03.020 – Definitions

18.03.030 – Application Procedures

18.03.040 – General Provisions

18.03.050 – Affordable Unit Design and Construction

18.03.060 – Regulatory Agreements

18.03.070 – Interpretation

18.03.010 – Purpose
This chapter establishes procedures to implement State Density Bonus Law, as set forth in California Government Code Sections 65915-65918, as may be amended from time to time. State Density Bonus Law provides density bonuses and other incentives to facilitate production of affordable and senior housing. This chapter also implements General Plan Housing Element policies to provide additional housing in Capitola for lower-income households, seniors, and persons with special needs.

18.03.020 – Definitions
A. State Density Bonus Law. Definitions in State Density Bonus Law apply to the terms in this chapter.

B. “Other Incentives”. As used in this chapter, the term “other incentives” includes the following:

1. Incentives and concessions (Government Code Section 65915(k)).

2. Waiver or reduction of development standards (Government Code Section 65915(e)).

3. Reduced parking ratios (Government Code Section 65915(p)).

18.03.030 – Application Procedures
A. Concurrent Request. An applicant shall request a density bonus and other incentives concurrently with the first permit application required by the City for the housing development. 388
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024.

B. Submittal Requirements. An application for a density bonus and other incentives shall be filed on the form provided by the Community Development Department, together with all required information, materials and application fees.

C. Application Review.

1. The City shall review a request for a density bonus and other incentives concurrently with the permit application required for the housing development.

2. The City shall notify the applicant whether the application is complete in a manner consistent with the timelines specified in Government Code Section 65943.

3. When the City deems the application complete, the City shall provide the applicant with a determination of the following:
a. The amount of density bonus, calculated pursuant to Government Code Section 65915(f), for which the applicant is eligible.
b. If the applicant requests a parking ratio pursuant to Government Code Section 65915(p), the parking ratio for which the applicant is eligible.
c. If the applicant requests incentives and concessions pursuant to Government Code Section 65915 (d) or waivers pursuant to Government Code Section 65915(e), whether the applicant has provided adequate information for the City to review and take action on the requested incentives and/or waivers.

D. City Action.

1. General.
a. The City shall consider a request for a density bonus and other incentives concurrently with the permit application required for the housing development. The same review authority that acts on the permit application shall also act on density bonus and other incentive request. b. For permit applications that require a public hearing, a staff report shall describe project conformance with State Density Bonus Law as demonstrated by application materials submitted pursuant to Section 18.030.040.B (Submittal Requirements).

2. Incentives and Concessions. The City shall grant an incentive or concession (Government Code Section 65915(k)) requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053. b. The proposed incentive or concession would be contrary to state or federal law; or c. The proposed incentive or concession would:
(1) Have a specific, adverse impact, as defined in Government Code Section 65589.5(2)(d), upon the public health or safety or on any real property that is listed in the California Register of Historic Resources; and
(2) There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.
389
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024.

3. Waiver or Reduction in Development Standards. The City shall grant a waiver of development standards (Government Code Section 65915(e)) requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed waiver would be contrary to state or federal law. b. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources.
c. The proposed waiver would:
(1) Have a specific, adverse impact, as defined in Government Code Section 65589.5(2)(d), upon the public health or safety; and
(2) There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.

4. Child Care Centers. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

5. Coastal Zone. For a housing development within the coastal zone, the review authority must find that the requested density bonus or other incentive is consistent with the certified Local Coastal Program, with the exception of density. The granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.

E. Appeals. Appeals of the permit decision required for the housing development shall include all requests under State Density Bonus Law.

18.03.040 – General Provisions
A. Density Bonus Calculation.

1. All density bonus calculations resulting in fractional units are rounded up to the next whole number.

2. In determining the number of affordable units required to qualify for a density bonus, units added by a density bonus are not included in the calculations.

B. One Density Bonus Allowed.

1. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus.

2. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

C. Density Bonus Amount.

1. The applicant may accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction is permitted in the percentages of affordable units required by State Density Bonus Law.

2. Regardless of the number of affordable units, no housing development is entitled to a density bonus greater than what is authorized under State Density Bonus Law.

D. Inclusionary Requirement.

1. On-site units that satisfy the City’s inclusionary housing requirements in Municipal Code Chapter 18.02 390
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024. (Affordable (Inclusionary) Housing) and will be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law.

2. Payment of fees in lieu of providing affordable units under Municipal Code Section 18.02.050 (In-lieu housing fees and alternative compliance options) does not qualify a housing development for a density bonus.

E. Financial Incentives.

1. Nothing in this chapter requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements.

2. The City, at its sole discretion, may choose to provide such direct financial incentives.

18.03.050 – Affordable Unit Design and Construction
A. Timing. Building permits, final inspections, and certificates of occupancy shall be issued concurrently for the market rate units and for all affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction.

B. Appearance and Quality.

1. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development.

2. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

C. Unit Size. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units.

D. Access to Amenities. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units.

E. Location within Building. Affordable units shall be located throughout a building and not isolated on one floor or to an area on a specific floor.

18.03.060 – Regulatory Agreements
A. General.

1. If a density bonus or other incentive is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City. This agreement or covenant shall implement State Density Bonus Law and ensure compliance with this chapter.

2. The agreement or covenant shall be in a form approved by the City Attorney and executed by the City Manager or their designee.

3. The agreement or covenant shall be binding on all future owners and successors in interest.

4. The applicant shall record the agreement or covenant against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development.
391
Item 9 B.

Capitola Municipal Code
Chapter 18.03 RESIDENTIAL DENSITY BONUS

The Capitola Municipal Code is current through Ordinance 1065, passed March 28, 2024.

B. Rental Projects: For affordable rental projects, the applicant shall enter into an affordable housing agreement with the City that:

1. Requires the continued affordability of all rental units that qualified the applicant for the density bonus or other incentive for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program;

2. Identifies the type, size and location of each affordable unit;

3. Specifies the eligible occupants;

4. Specifies phasing of the affordable units in relation to the market-rate units; and

5. Contains other relevant provisions approved by the City Attorney.

C. For-Sale Projects.

1. For projects with affordable for-sale units, the applicant shall enter into an affordable housing agreement with the City that requires the following:
a. The initial purchasers of those for-sale units that qualified the applicant for the density bonus or other incentive shall be persons and families of lower or moderate income, as applicable; and b. If any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5.

2. The agreement shall contain other relevant provisions approved by the City Attorney.

3. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it conflicts with the requirements of another public funding source or law.

D. Market-Rate Senior Projects. For market-rate senior projects, the applicant shall enter into a restrictive covenant with the City to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

18.03.070 – Interpretation
If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this ordinance include successor provisions. 392
Item 9 B.
1 CITY OF CAPITOLA HOUSING ELEMENT IMPLEMENTATION

PROPOSED ZONING CODE AMENDMENTS

HOUSING ELEMENT IMPLEMENTATION
Topic (Housing
Element Program) Planning Commission Direction Amendment Location Amendment Description Affordable Housing
Overlay (1.1) 7/23/24: No comments on draft amendments Table 17.12-2; 17.36.080.H.1; 17.40.020 Removes the Affordable Housing Overlay from the City’s
Zoning Ordinance and Zoning Map
Corner Duplexes
(1.6)
2/16/24: Allow duplex on all corner lots subject to
same development standards as a single-family
home.

Table 17.16-1 Duplex homes allowed on corner parcels in the R-1 zone.

Lot Consolidation
(1.1)
2/16/24; 7/23/24: Develop incentives to encourage
lot consolidation as proposed by staff 17.20.040.K; 17.24.030.J:

Increases height and FAR for housing development
projects that consolidate adjacent housing element
opportunity sites
Replacement
Housing (1.2) 9/5/24: No comments on draft amendments 17.96.210 New section requiring no net loss of housing units and replacement of affordable units.

Alternative Housing
Types (1.5)
2/16/24; 8/15/24: SROs: Maybe promote if we can
count towards RHNA; Live/Work: not priority in
Capitola; Micro units: Promote close to transit
center; Co-housing: check this box if will please HCD;
Workforce: add as community benefit
Table 17.16-1; Table 17.76-2;

17.88; 17.160.020.C; 160.020.M
Adds definition of micro-unit, allows increased height
and FARs for micro-units, allows 0.5 parking spaces per unit for micro units; Defines cohousing and lists as
allowed use in R-1, RM, and MH zones; Adds teacher
housing as an available community benefit
Parking –
Multifamily (1.6)
2/16/24, 7/23/24:

0.5 per unit <350 sf close to transit

1.0 per unit <500 sf

1.5 per unit 500-750 sf

2.0 per unit ≥750 sf
No covered or additional guest parking
Table 17.76-2
Reduces parking require for multifamily dwelling based
on unit size
RM Density and
Development
Standards (1.6)
8/15/24: In 2025, revisit topic of increased RM
densities and supporting development standards. Chapter 17.16 No Change. 393
Item 9 B.
2 Topic (Housing
Element Program) Planning Commission Direction Amendment Location Amendment Description Parking – Senior
and Special Needs
(1.6)
2/16/24, 7/23/24: Revise required parking spaces for
senior and special needs housing uses as proposed
by staff. Consider needed guest parking
Table 17.76-2
Reduces parking required for group housing, residential care facilities, transitional housing, and senior housing Housing on
Education and
Religious Sites (1.8)
5/2/24; 8/15/24: Create site specific standards for
affordable housing projects on land owned by
religious institutions as allowed under SB 4

17.96.220
Allows affordable housing projects on land owned by
religious institutions consistent Government Code
Section 65913.16
Density Bonus (2.5,

3.6)
9/5/24: Add housing for persons with disabilities as
eligible for density bonus 18.03 Establishes density bonus procedures consistent with recent updates to state law.

Emergency Shelters
(3.1) 7/23/24: No comments on draft amendments Table 17.24-1; 17.96.030; 17.160.020.E.3:

Adds emergency shelter is “P” use in the C-C zone;
Revises standards to comply with Government Code
Section 65583(a)(4)(B); Adds statement that emergency
shelters may include other services such as navigation
centers and bridge housing.

Low Barrier
Navigation Centers
(3.1)
7/23/24: No comments on draft amendments 17.96.200
Adds statement that low barrier navigation centers are
allowed by right in areas zoned for mixed use and in
nonresidential zones permitting multifamily uses
Transitional Housing
(3.2) 7/23/24: No comments on draft amendments Table 17.16-1, 17.20-2; Table 17.24-1; 17.160.020.T.5:

Maintains transitional housing in definition of Residential Care Facilities; Changes Large Residential Care Facilities from a “C” to a “P” use in the RM and MU-V zones; Adds
Large Residential Care Facilities as an allowed use
requiring a Conditional Use Permit (“C”); Adds definition of transitional housing in glossary
Supportive Housing
(3.2) 7/23/24: No comments on draft amendments 17.96.070 Adds statement that supportive housing is allowed by
right in areas zoned for mixed use and in nonresidential zones permitting multifamily uses
Employee Housing
(3.3) 7/23/24: No comments on draft amendments 17.160.020.S.5 Adds statement that definition of single-family dwelling includes employee housing for six or fewer persons.

Large Residential
Care Facilities (3.4) 7/23/24: No comments on draft amendments Table 17.16-1, 17.20-2;

17.20.020.F; Table 17.24-1;

17.96.080
Changes Large Residential Care Facilities from a “C” to a “P” use in the RM and MU-V zones; Adds Large
Residential Care Facilities as an allowed use requiring a Conditional Use Permit (“C”); Removes Large Residential Care Facility standards
394
Item 9 B.
3 Topic (Housing
Element Program) Planning Commission Direction Amendment Location Amendment Description Reasonable
Accommodations
(3.4)
7/23/24: No comments on draft amendments 17.140.070 Revises criteria for reasonable accommodations.

Daycares (3.6) 7/23/24: No comments on draft amendments Table 17.25-1 Changes day care centers from a “C” to an “M” use Additional Zoning Code Cleanup Amendments
Topic Planning Commission Direction Amendment Location Amendment Description

MU-V, MU-N
Driveways/Curb Cuts 7/23/24: No comments on draft amendments 17.20.030.F; 17.20.040.F; 17.76.040.C.3.c Allows exception to driveway and curb cut standards in MU-V and MU-N to allow for one parking space of up to 14 feet in width. Adds cross reference in 17.76.040 to Section

17.20.030.E.6 (Driveways and Curb Cuts)
Opaque windows on
second stories
2/1/24: Clarify that opaque windows may be required
on case-by-case basis (not always mandatory) 17.16.B.11.d Opaque windows may be required by the Planning
Commission on case-by-case basis, but are not always
required
Location of Retail
Cannabis
Establishments
7/23/24, 8/15/24: Allow retail cannabis in C-C fronting 41st Avenue
Table 17.24-1;

17.24.020.D
Allow retail cannabis in C-C fronting 41st Avenue
First floor offices in
the C-R Zone 9/5/24: Support for draft amendments 17.24.020.C Expands allowed location for ground floor office uses in the C-R and C-C zoning districts
CDP Waiver or
Exclusion for
J/ADUs
7/23/24: No comments on draft amendments 17.44.090.C and 17.74

17.44.090.C: Allows for waiver of CDP in non-appealable areas for ADUs 17.74.030.E.2: Allow waiver of CDP for ADUs that meet criteria
Upper Floor Decks 2/1/24, 7/23/24:

Review of draft amendments requested 9/5/24

17.16.030.B.11;

17.48.040.B.6
Clarify 150 square feet is cumulative of all decks for FAR calculation. Allow deck on the second story at 15 feet
setback instead of 20 feet. Allow decks to project 10 feet instead of 6 feet. Allow decks in the front yard within 6 feet of interior property line instead of 10 feet. Upper story deck privacy walls should be on a case-to-case basis
changing “shall” to “may” be required by PC. Add examples of privacy screens to include opaque materials and
vegetation.

Flatwork 7/23/24: Do not create zoning permit for flatwork - No change. 395
Item 9 B.
4 Topic Planning Commission Direction Amendment Location Amendment Description Accessory Dwelling
Units: State Law
Conformance
Included in 7/23/24:

Review of draft amendments requested 9/5/24 17.74
Updates state law references, adds that front setback
deviation permitted for 800 sq. ft. ADU; Clarifies that exceptions to standards to allow for 800 sq. ft. ADU may only be minimum necessary; Updates allowed height consistent with state law.

Parking for New
SFDs
7/23/24: Require 2 parking spaces per single-family
dwelling and do not require either space to be
covered, regardless of size

17.76 Reduce maximum number of required parking spaces.

Remove covered parking requirement.

Parking for
SFD Remodels 7/23/24: No comments on draft amendments Table. 17.76-2 As required by state law, adds note that additional parking is not required for additions and remodels to single-family homes that conform with building size standards.

Signs 7/23/24: No comments on draft amendments Table 17.80-6 Reduces allow wall sign area in MU-N to match total sign area allowed in MU-N (Table 17.80-1)
Consistent
Terminology - CDD 7/23/24: No comments on draft amendments 17.84.080.C Replaces “CDD” with “community development director” for code consistency.

Historic Alteration
Permits 7/23/24: No comments on draft amendments 17.84.070.C.2 Fixes numbering error.

Historic Preservation
Incentives 7/23/24: No comments on draft amendments 17.84.090.D Permit review authority approves permit fee reimbursement when acting on permit application.

Permit Time Limits
and Extensions 7/23/24: No comments on draft amendments 17.56.080;17.156.080.A Allows the Planning Commission or City Council to establish an alternative permit expiration date when initially approving the permit. Allows the Planning Commission or City Council to approve two four-year extensions (eight years total) to permits.

Home
Occupations 7/23/24: No comments on draft amendments 17.96.040.A Allows home occupations that comply with standards by right without an administrative permit.

Wireless
Communication
Facilities
7/23/24: No comments on draft amendments 17.104 Update Federal CFR references throughout chapter.

Referral of
Applications
to Planning
Commission
7/23/24: No comments on draft amendments 17.112.090 New section stating the community development may refer any discretionary decision to the Planning Commission.

Good Standing for
Permit Review 8/15/24: No comments on draft amendments 17.112.020.C.3 Adds that City will not accept application for a property with an active code enforcement action unless correction of
violation is included as part of the proposed project.
396
Item 9 B.
5 Topic Planning Commission Direction Amendment Location Amendment Description Design Review
Process; Design
Review Committee
10/3/24: No recommended changes. In 2025,
consider augmenting the design review process with
additional public noticing for design permits which
require public hearing and third-party design advice
for additional types of development projects.

17.108; 17.120 No Change.

Glossary -
Clerestory Window 7/23/24: No comments on draft amendments 17.160.020.C Adds definition of clerestory window.

Definition –
Takeout Food
and Beverage
7/23/24: No comments on draft amendments 17.160.020.E Excludes bars and lounges from definition of takeout food and beverage establishments.

Roof Decks 7/23/24: No comments on draft amendments 17.160.020.R.9 Clarifies that roof deck is the occupied roof space located above the top story of a structure.

R-1 Garage
Setback 7/23/24: No comments on draft amendments 17.16.030.B.4 Removes minimum garage set back of 5 feet from front
building wall. Minimum 20-foot garage setback from front property line in Table 17.16-2 remains.
397
Item 9 B.

Zoning Code Amendments
Consistency with LCP Land Use Plan
The proposed Zoning Code Amendments implement programs in Capitola’s 2023-2031 Housing Element. Capitola committed to completing these amendments to comply with state housing laws. Many of these amendments locally codify existing state law, including provisions related to no net loss of housing element sites, housing on education and religious sites, emergency shelters, and special needs housing. Other amendments reduce barriers to housing production as required by state law, including barriers associated with parking requirements and small parcel sizes.

The proposed Zoning Code Amendments also address additional issues that have arisen since the Zoning Code was last updated, but which are not required by the Housing Element.

The majority of proposed Zoning Code Amendments do not change allowed development or uses in any manner that could impact coastal resources or conflict with the certified LCP.

These amendments are consistent with the certified LCP and Coastal Act. Two proposed amendments that do warrant LCP consistency discussion are the accessory dwelling unit waiver provisions and changes to required on-site parking space.

Accessory Dwelling Unit CDP Waivers
Section 17.74.030.E adds language to the accessory dwelling unit chapter allowing the City to issue a CDP waiver for a proposed accessory dwelling unit in the coastal zone, including in locations in appealable and non-appealable to the Coastal Commission. To be eligible for a waiver, the proposed accessory dwelling unit may not be in an area subject to coastal hazards, within 200 feet of a cliff edge, or in an environmentally sensitive habitat area. The City also must determine that the accessory dwelling unit would not negatively impact coastal resources, public access, or views consistent with the City’s certified Local Coastal Program.

This waiver process is consistent with the January 21, 2022 Coastal Commission memorandum on implementing new accessory dwelling unit law. This memorandum states “If a local government’s LCP includes a waiver provision, and the proposed J/ADU meets the criteria for a CDP waiver, the local government may issue a CDP waiver for the proposed J/ADU.” The memorandum further states that a waiver may be allowed for accessory dwelling units that are “sited, designed, and limited in such a way as to ensure any potential impacts to coastal resources are avoided (such as through habitat and/or hazards setbacks, provision of adequate off-street parking to ensure that public access to the coast is not impacted, etc.)”. Lastly, the memorandum states that because public hearings are not required for accessory dwelling units, CDP waivers may be appropriate in both appealable and non-appealable areas.

For the reasons above, the waiver process is consistent with the following LCP policies:
 Policy VI-2: It shall be the policy of the City of Capitola to protect, maintain and, where possible, enhance the environmentally sensitive and locally unique habitats within its coastal zone, including dedication and/or acquisition of scenic conservation easements for protection of the natural environment. All developments approved by the City within or adjacent to these areas must be found to be protective of the long-term maintenances of these habitats.
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Item 9 B.
 Policy VII-1: It shall be the policy of the City of Capitola to adequately plan for natural hazards in new development, reduce risks to life and property, and revise all plans and Zoning Ordinances to be in conformance with all the policies of the Coastal Act relating to hazards and shoreline structures.

Parking Standards
Table 17.76-2 reduces the number of required on-site parking spaces for single-family dwellings, multifamily dwellings, senior housing, and residential care facilities. These changes were made to comply with Housing Element programs that call for the City to reduce parking requirements that constrain housing production, including housing for special needs populations.

Proposed new parking standards aim to reduce housing constraints (as required by state housing laws) while also protecting coastal access, facilitating transit service, and minimize vehicle miles traveled consistent with Coastal Act policies. New parking standards allow for the density of development permitted by the General Plan, but also require a reasonable supply of new on-site parking to maintain street parking availability for visitors. For this reason, the revised parking standards are consistent with the following LCP policies:
 Coastal Act Policy 30252: The location and amount of new development should maintain and enhance public access to the coast by (1) facilitating the provision or extension of transit service … (4) providing adequate parking facilities or providing substitute means of serving the development with public transportation, (5) assuring the potential for public transit for high intensity uses such as high-rise office buildings …  Coastal Act Policy 30253: New development shall do all of the following: … (d) Minimize energy consumption and vehicle miles traveled. (e) Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.  Policy I-1: It shall be the policy of the City of Capitola to maintain and enhance access to Capitola Beach, Village, and Wharf while maintaining and enhancing the existing character of Capitola Village and the surrounding residential areas. The intensity of new development shall be limited to the availability of parking and other alternative transportation systems, such as a shuttle bus and remote parking. 399
Item 9 B.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA

AUTHORIZING SUBMITTAL TO THE CALIFORNIA COASTAL COMMISSION

FOR THE CERTIFICATION OF AN AMENDMENT TO THE LOCAL COASTAL PROGRAM AMENDING MUNICIPAL CODE TITLE 17 (ZONING) TO
IMPLEMENT THE 2023-2031 HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, the City of Capitola’s Local Coastal Program (LCP) was certified by the California Coastal Commission in December of 1981 and has since been amended from time to time; and
WHEREAS, the City of Capitola Municipal Code Title 17 (Zoning) is a component of the City’s certified LCP Implementation Plan; and
WHEREAS, on August 22, 2024, the City Council adopted amendments to the 2023- 2031 Housing Element of the General Plan (Housing Element) and an Addendum to the General Plan Final Environmental Impact Report;
WHEREAS, on August 30, 2024, the California Department of Housing and Community Development (HCD) certified the Housing Element; WHEREAS, the Housing Element contains programs that require the City to amend Municipal Code Title 17 (Zoning Code) to implement Housing Element goals and policies within program-established timelines;
WHEREAS, recent state law updates and staff’s review of the Zoning Code require further amendments to the Code to ensure consistency with state law and the prevention of any inconsistencies;
WHEREAS, City staff prepared draft amendments to Municipal Code Title 17, and the Zoning Map (together, the Zoning Code Amendments) to implement the Housing Element and address additional issues and policy goals that have arisen since the Zoning Code was last updated;
WHEREAS the Planning Commission held work sessions on February 1, February 16, May 2, June 6, July 23, August 15, and September 5, 2024 to consider preliminary draft Zoning Code Amendments, receive public comment, and provide feedback to City staff; WHEREAS, the Planning Commission held a duly noticed public hearing on September 19, 2024 and October 3, 2024, at which time it reviewed the proposed Zoning Code Amendments, considered all public comments, and recommended the City Council approve the Zoning Code Amendments; and
WHEREAS, the Capitola City Council conducted duly noticed public hearings on October 24, 2024, at which the City Council introduced and performed a first reading of an ordinance to adopt the proposed Zoning Code Amendments and found the Zoning Code Amendments to be exempt from CEQA. On ______________, 2024, the City Council adopted the ordinance; and
WHEREAS, the City Council determined that the Zoning Code Amendments are 400
Item 9 B.
consistent with the General Plan and that the revisions would be internally consistent with all other provisions of the Municipal Code.

WHEREAS, the Zoning Code Amendments would become a component of the City’s Local Coastal Program Implementation Plan and are intended to be implemented in a manner that is in full conformance with the California Coastal Act.

WHEREAS, the Local Coastal Program Implementation Plan establishes specific land use and development regulations to implement the Local Coastal Program Land Use Plan, and Title 17 (Zoning) and the Zoning Map are part of Capitola’s Local Coastal Program Implementation Plan; and
WHEREAS, the City provided Public Notice, as required under Coastal Act Section 30514 et seq., for Certification of the LCP Implementation Plan and Corresponding Maps.

NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Capitola, that this Resolution declares and reflects the City’s intent to amend the LCP Implementation Plan as it pertains to Chapter 17 (Zoning), as drafted, if certified by the California Coastal Commission, in full conformity with the City of Capitola LCP and provisions of the California Coastal Act.

BE IT FURTHER RESOLVED, that the City Manager or his designee is directed to submit the said Coastal Commission LCP Amendments to the California Coastal Commission for its review and certification. If the Coastal Commission approves the amendment package, it will take effect automatically upon Coastal Commission approval.

If the Coastal Commission modifies the amendment package, only the modifications will require formal action by the City of Capitola.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Capitola on the 7
th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kristin Brown, Mayor
ATTEST:

Julia Gautho, City Clerk
401
Item 9 B.

City Of Capitola
Zoning Code Amendments
City Council Hearing
October 19, 2024
402
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
 Housing Element programs require Zoning Code
Amendments
 Planning Commission discussed amendments at
nine meetings over past eight months
 Planning Commission recommended adoption on
September 19 and October 3, 2024
 No changes to design review process
Background
403
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Draft Ordinance (Attachment 1)
 Zoning Code Text Amendments (Exhibit A)
 Zoning Map Amendments (Exhibit B)
Zoning Code Amendments
404
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
 Summary table (Attachment 2)
 Include amendments to implement Housing
Element programs and other clean-up
amendments
 Do not include changes to Multifamily Residential
zone and Capitola Mall site – to be completed in
2025
Zoning Code Amendments
405
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Zoning Map Amendments
406
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Zoning Map Amendments
407
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Some Highlights:
 Corner Duplexes
 Lot Consolidation
 Parking
 Housing on Religious Sites
 Daycare Centers
 Density Bonus
 Retail Cannabis
 Office Uses in Commercial Zones
Zoning Code Text Amendments
408
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Corner Lot Duplexes
Housing Element: Program 1.6
Zoning Code: Table 17.16-1
Allows duplex homes allowed on corner parcels in
the R-1 zone
409
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Lot Consolidation
Housing Element: Program 1.1
Zoning Code: 17.20.040.K;

17.24.030.J
Increases height and FAR for
housing development projects
that consolidate adjacent
housing element opportunity
sites
Housing Element Opportunity Sites
410
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Parking
Housing Element: Program 1.6
Zoning Code: Table 17.76-2
Existing Proposed New

1.0 per unit 500 sf or less

1.5 per unit 501-750 sf

2.0 per unit 750 sf or more
No covered or additional guest
parking required

2.5 per unit, 1 covered
Multifamily dwellings: required on-site parking
411
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Parking
Housing Element: Program 1.6
Zoning Code: Table 17.76-2
Existing Proposed New
2 per unit
1,500 sq. ft. or less: 2 per unit
1,501 – 2,000 sq. ft.: 2 per unit, 1 covered
2,001 – 2,600 sq. ft.: 3 per unit, 1 covered
2,601 sq. ft. or more: 4 per unit, 1 covered
Single-family dwellings: required on-site parking
412
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Housing on Religious Institution
Sites
Housing Element: Program 1.1
Zoning Code: 17.96.220
Allows affordable housing projects on land owned by
religious institutions
Saint Joseph’s
Catholic Church
Shorelife
Community Church
413
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Daycare Centers
Housing Element: Program 3.6
Zoning Code: Table 17.25-1
Allows daycares with a Minor Use Permit in
commercial zones
Day cares are now allowed in
all residential, mixed-use, and
commercial zones
414
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Density Bonus
Housing Element: Program 2.5
Municipal Code: 18.03
Establishes density bonus procedures consistent with
recent updates to state law.

State density bonus law requires cities
to grant increased density and other
incentives for qualifying affordable and
senior housing projects
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Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Retail Cannabis Establishments
Zoning Code: Table 17.24-1; 17.24.020(D)
 Existing: Allowed only
in C-R
 Proposed: Allowed
both C-R and C-C
(fronting 41st)
 Also requires clean-up
amendment to
Chapter 9.61
416
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
Office Space in Commercial Districts
Zoning Code: 17.24.020.C
 Existing: Prohibited on
ground-floor in C-R
 Proposed: Allowed on
ground floor in C-R in multitenant building if:
 Entry doors do not face
street; or
 Building does not front 41st
Avenue or Clares Street
417
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
 Coastal Commission must certify Zoning Code
Amendments
 Attachment 3 analyses Local Coastal Program (LCP)
consistency
 Draft Resolution (Attachment 4) authorizes staff to
submit Zoning Code Amendments to the Coastal
Commission for certification
Local Coastal Program
418
Item 9 B.

Highlighted green edits to ADU chapter (not reviewed by Planning Commission) to address Coastal Commission comments :
419
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
 Proposed Zoning Code Amendments are a project
under the California Environmental Quality Act
(CEQA)
 Recommended exemption: Section 15061(b)(3),
commonsense exemption that CEQA applies only
to projects with potential for significant effect on
the environment
Environmental Review
420
Item 9 B.

ZONING CODE AMENDMENTS CITY COUNCIL HEARING– 10/24/24
 Introduce for first reading, by title only, waiving
further reading of the text, an ordinance amending
Capitola Municipal Code Title 17: Zoning and
Chapter 9.61: Marijuana Sales, Processing and
Cultivation
 Adopt a resolution authorizing submittal to the
California Coastal Commission for the certification
of an amendment to the Local Coastal Program.

Recommendation
421
Item 9 B.

Capitola City Council
Agenda Report
Meeting: October 24, 2024
From: Police Department
Subject: Coastal Flooding Resource Guide
Recommended Action: Receive a report from the Police Department regarding winter weather planning and a coastal flood resource guide.

Background: Capitola is dedicated to actively preparing for winter weather events, working closely with our regional partners. Staff collaborates with the Santa Cruz County Office of Response, Recovery, and Resilience (OR3) and the National Oceanic and Atmospheric Administration (NOAA) for disaster preparedness and weather forecasting. The Police Department also works with the Central Fire District and Santa Cruz County Sheriff’s Office depending on the nature of the event.

In anticipation of the 2024-25 winter season, staff will receive a weather report from NOAA that provides insights into the anticipated intensity of the 24-25 winter season. Although weather patterns involve many variables, winter storms can be expected from October through March. Each weather system brings varying levels of precipitation, impacting Soquel Creek and the neighboring downtown area of Soquel and ultimately Capitola Village and lower Riverview Drive.

To assess the potential for coastal flooding, staff evaluates the sequence and severity of several factors when determining public notices and evaluations. Capitola Village and sections of Riverview are particularly vulnerable when large wave events coincide with high tides and significant water runoff (rain runoff and creek levels).

Discussion: Each year, the City prepares for the upcoming winter by cleaning and evaluating storm drain infrastructure and emergency preparedness. This report aims to provide historical insight into previous storms and highlight key indicators for making decisions about flooding concerns and evacuations.

Prior experience has shown that any combination of tide/surge/swell/creek flow that exceeds levels will cause flooding to the upper 100-200 block of Riverview. Any significant wave event directed at Capitola will likely send waves/surges over the seawall and potentially flood the lower Capitola Village. Upon flooding, the Village is equipped with large sump pumps that assist with removing the water from the lowlying areas of the Village (Lawn Way/Monterey Avenue). Any power outage or pump failure/blockage will add to the flooding impacts and closures.

The following are key factors that must be considered when considering the flooding impacts and evacuation preparation.

Tides - Coastal areas in California, including Capitola, experience two high-tide and two low-tide events every 24 hours and 50 minutes. The winter season can also bring higher high tides, known as "king tides," due to the gravitational pull of the moon and the sun being more pronounced. These tides, typically occurring between November and February, lead to periods of higher water levels along the coast. The official king tide dates for Santa Cruz County are November 15-17 and December 13-15, with ocean waters shifting 8 feet for each tidal swing. Additionally, while not meeting the “king tide” definition, the high tides between January 10-14 will also be monitored. 422
Item 9 C.

Storm Surge - The Pacific Ocean experiences increased storm surge activity due to powerful storms and intense low-pressure systems from the Pacific Ocean. These surges are characterized by the rising of sea levels driven by strong winds and atmospheric pressure changes associated with winter storms.

In the Pacific Ocean, storm surges can lead to significant coastal impacts, including flooding, erosion, and damage to coastal infrastructure. High tides, especially king tides, can exacerbate the effects of storm surges, making coastal areas more vulnerable to inundation and increasing the overall risk to communities along the shore. This metric must be used to evaluate the actual wave heights from the ground swell/surf.

Swell/Surf - Winter swell refers to large ocean waves generated by powerful storms in the Pacific Ocean during the winter months. These storms, often fueled by strong winds and low-pressure systems, transfer energy to the water, creating long-period swells that can travel great distances. Winter swells tend to be larger and more intense due to the increased frequency and strength of storms during this season.

In wave forecasting, the term "second period" refers to the interval between successive wave crests passing a fixed point, measured in seconds. It is also known as the "wave period" or "wave interval." This measurement is crucial for understanding wave energy and behavior. Longer wave periods, typically associated with swells generated by distant storms, indicate waves that have traveled long distances and carry more energy. Shorter wave periods are often associated with locally generated wind waves, which tend to be choppier and less powerful.

As a rule, anything less than 15-second period swells will not have enough energy alone to cause immediate concern. Anything greater than a 17-second interval with 18 feet of wave height should be evaluated for localized impacts. Underwater topography is another consideration as it relates to the swell’s energy.

Bathymetry – This is the study and mapping of the underwater topography of the ocean floors. Monterey Bay supports a rich biodiversity, and the ocean floor plays a critical role in forecasting our winter weather events. One of the most prominent features for us is the deep-water Monterey Submarine Canyon that starts near the shore at Moss Landing and extends offshore. Also of note, Monterey Bay has a relatively narrow continental shelf that descends into the canyon which reaches depths of 11,800 feet. Long-period swells (>17 seconds) effectively wrap around the underwater contours, due to the depth of energy. The shorter period swells (< 15 seconds) do not. The floor of the sea plays a role depending on the energy from the swell.

Soquel Creek Flow Rate – Soquel Creek is a southward flowing creek that begins in the Santa Cruz Mountains and enters Monterey Bay from Capitola Beach, spanning 16 miles. During the summer months, a lagoon is formed by Public Works staff to cap the Creek before it reaches the ocean, with a flume that fluctuates at moderate levels of 10-15 cubic feet per second (CFS). As the seasonal weather approaches, the lagoon is breached, allowing Soquel Creek to run freely. The City has flow rate and height monitors on Soquel Creek. When the lagoon is breached, staff begins to monitor the flow rates starting at 1000 CFS. When levels rise to 1,500-2,000 CFS, staff will monitor the Stockton Avenue Bridge for water levels and debris. During past winter events, staff has monitored levels reaching 8,000 CFS without adverse effect, however other conditions were favorable (i.e. tide was low and peak swell were not contributing factors).

Key Indicators:
 Storm Surge – greater than > 1’
 Tides – greater than > 5.5’
 Swell/surf – greater than > 18’ @17 seconds from WSW (250 degrees) to WNW (290 degrees)  Soquel Creek levels 1000 CFS (Begin Monitoring)
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Item 9 C.

Pre-Storm Event Preparations
Before a large wave event, staff will undertake several actions to mitigate potential flooding and damage:

Prepare Emergency Response Resources:
 The City of Capitola will designate a staff member as the county representative responsible for closely monitoring weather forecasts and alerts from NOAA and regional partners, including the Santa Cruz County Office of Response, Recovery, and Resilience (OR3).
 Pre-position sandbags, barricades, and signage in areas vulnerable to flooding, like Riverview and Capitola Village.
 Make sand and sandbag materials available at City Hall and the Police Department.  Confirm that emergency vehicles and personnel are ready for potential road closures, rescues, and evacuation operations.
 Verify communication protocols with the Central Fire District, Police Department, and Santa Cruz County Sheriff’s Office.

Conduct Infrastructure Inspections:
 The Public Works Department will inspect storm drains, seawalls, and sump pumps to ensure they are operational and free of blockages.
 Test backup generators for sump pumps to ensure power redundancy during potential outages.
 Inspect barriers and floodgates in flood-prone areas such as Lawn Way and Monterey Avenue.

Issue Public Warnings and Guidance:
 Send early warnings to residents and business owners in Capitola Village and Riverview using email and social media (Nixel, Facebook, Instagram), and encourage sign-up for CruzAware, the recommended non-emergency alert and warning system for all Santa Cruz County residents and visitors.
 Deploy message board trailer with pertinent information and closures.

Coordinate Business Preparedness:
 Inform Capitola BIA and homeowners associations of potential flooding and advise them to secure goods, cover doorways with sandbags, and prepare for early closures if necessary.
 Ensure businesses have a clear plan for emergency exits and communication. 424
Item 9 C.

During a Severe Weather Event
During an extreme weather event, the City of Capitola will activate a coordinated response to manage impacts:

Activate Emergency Operations Center (EOC):
 Activate Capitola’s EOC to centralize decision-making and coordination with key agencies such as NOAA, OR3, the Fire District, and the Sheriff’s Office. Depending on the scope of the incident will dictate the size and involvement of the EOC.

Monitor Real-Time Conditions:
 Continuously monitor storm surges, swell heights (e.g., waves over 18 feet with 17- second intervals), tide levels, and Soquel Creek flow rates to predict peak flooding times.  Coordinate closely with NOAA and local sensors for accurate data.

Deploy Emergency Flood Protection:
 Position sandbags, barricades, and temporary flood barriers in high-risk areas, particularly low-lying sections of Capitola Village (e.g., Lawn Way) and the 100-300 blocks of Riverview Drive.

Manage Public Access:
 Close off high-risk roads and beaches, providing clear detour routes for the public and ensuring emergency access.
 Implement mandatory evacuations if necessary, focusing on areas with extreme flooding risks like the upper blocks of Riverview and lower Capitola Village.

Ensure Continuous Public Communication:
 Consistent messaging in alignment with our regional partners to provide regular updates to the public through emergency alert systems, social media, and local news outlets about wave heights, flood impacts, evacuation routes, power outages, and road closures.
 Encourage residents to avoid flooded areas and follow official guidance.

Deploy and Maintain Sump Pumps:
 Ensure that sump pumps are functioning properly in flooded areas of Capitola Village.  Quickly deploy backup generators to maintain pump operations in the event of power outages.

Respond to Emergencies:
 Deploy police and fire for rescues in flooded or high-risk zones.  Monitor and assist with any road accidents or stranded individuals due to high water levels or road closures.
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Item 9 C.

Summary:

While Capitola relies on weather experts, advanced forecasting tools, and monitoring equipment, it is important to recognize that these storms remain highly dynamic that can have very localized impacts and can shift in intensity. Consequently, our response plans are flexible, allowing for adjustments in real-time as conditions evolve. The City's messaging and public notifications are aligned with our local partners, ensuring timely and consistent communication. By working closely with agencies like NOAA, OR3, and regional first responders (Central Fire Department, CHP, and Santa Cruz County Sheriff’s Department), we strive to provide the public with accurate and actionable information, allowing residents and businesses ample time to prepare for these unpredictable weather events.

Fiscal Impact: None
Attachments:

1. Coastal Flood Resource Guide
Report Prepared By: Andrew Dally, Chief of Police
Reviewed By: Julia Gautho, City Clerk
Approved By: Jamie Goldstein, City Manager
426
Item 9 C.

City of Capitola
Coastal Flood Resource Guide
Rules of Thumb Guidance
Tides
Predicted Tides > 5.5’
Monterey Tidal Station
Storm Surge
Storm Surge > 1’
Coastal Inundation Dashboard
Swell / Surf
> 18’ @ 17” from WSW to
WNW (250° - 290°)

NDBC / NCEP
Guidance solely based on 5Jan & 28Dec 2023 MLLW data and is meant as conservative rules of thumb. Developed by Brian Garcia NWS MTR. 427
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180°
225°
250°
270° 290°
Swell Window for Coastal
Flooding in Capitola
Role Players
Swell Period
Less than ~15 second period
and swell will not have enough
energy to surge. Minimum
period for impacts 17
seconds.

Bathymetry
Long period swell effectively
wraps around underwater
contours, due to depth of
energy. Short period does not.

Deepwater canyons allow long
period swell a path towards
the coast. Thus, 290° is in
play, while < 250° is out.

Yellow lines approximate the
boundary between shallow and
deep water or about where long
period swell will bend and follow
the contours into the Bay.
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Winter Wave
Event
Preparedness
for Capitola
Overview of
preparations and
response strategies for
potential coastal
flooding during the
2024-25 winter season.

Chief Andrew Dally
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Background
Key partners:

Santa Cruz County Sheriff’s Department
Central Fire District
Weather Forecasts from NOAA – PW
monitoring of Soquel Creek
Santa Cruz County OR3 – Office of Response,
Recovery & Resilience
Overview of typical winter weather
patterns from October to March.

Winter Weather Watch / High Surf
Advisories / Coastal Flooding / Creek
Levels
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Capitola’s Concern is Flooding -
Key Flooding Factors
Tides: Impact of king tides and high tides (e.g., king tides between November 15-17, December 13-15).

Storm Surge: Effects of strong Pacific Ocean storms and low-pressure systems.

Swell/Surf: Influence of long-period swells and wave heights over 18 feet with 17-second intervals.

Soquel Creek Flow Rate: Monitoring creek levels, especially above 1000 CFS.
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Pre-Storm Event Preparations – Plan and
Prepare
Nature of Event: Heavy Rain Event, Large Waves, Tsunami, Coastal Flooding….
- City will assign a county representative to monitor
weather forecasts.

Public Works will conduct infrastructure inspections
(storm drains, sump pumps, seawalls).

Pre-position resource: Sandbags, barricades, signage at City Hall and Police Department.

Begin Notification: Public warnings through CruzAware
and social media (Facebook, Instagram, Nextdoor, Nixel). 432
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Business and Community
Preparedness
Coordination with local businesses
(Capitola BIA) and homeowners'
associations (Venetian HOA).

Guidance on securing goods, using
sandbags, and early closures.

Encouraging community sign-ups for
CruzAware for real-time alerts.
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During a Severe
Weather Event
Activation of the Emergency Operations Center (EOC) for centralized coordination.

Local – Capitola EOC
Regional – Santa Cruz County OR3 - EOC
Real-time monitoring of conditions: swell heights, storm surges, creek flow rates.

Deployment of sandbags and flood barriers in high-risk areas like Capitola Village and Riverview Drive.

Consistent messaging for the community.
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Public Safety and
Communication
Managing public access: road closures
(Esplanade), detours, and possible
evacuations.

Continuous updates through emergency
alerts, social media, and coordination
with regional partners.

Ensuring public safety: standby first
responders and rescue operations –
people first, property second.
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Summary
Winter storms are dynamic and need a
flexible response plan.

Timely communication with residents
and businesses – vital for success.

No fiscal impact noted.

Questions and Discussion.
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