The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. additional driveway cuts if (A) a parking and circulation study shows that additional access is necessary to reasonably serve the use; and (B) driveway cuts are located and designed to preserve or enhance pedestrian and vehicle safety.
iii. Within the Riverview Avenue, Cherry Avenue, and Cliff Drive residential overlays. iv. On properties that do not front a Commercial Core street. v. As mandated by Federal Emergency Management Agency (FEMA) regulations. b. The planning commission may permit off-site parking if the space(s) are within walking distance of the use which it serves or located at a remote site served by a shuttle system. c. New driveways and curb cuts shall comply with Section 17.20.030(.E.)(6) (Driveways and Curb Cuts)
4. Other Zoning Districts. In all zoning districts other than the R-1 and MU-V zoning districts, required parking shall be located on the same lot as the use the parking is intended to serve, except as allowed by Section
17.76.050(D).
D. Large Vehicle Storage in the R-1 Zoning District. In addition to the required on-site parking spaces for a singlefamily dwelling, one additional on-site parking or storage space may be provided on a parcel in the R-1 zoning district for a recreational vehicle, boat, camper, or similar vehicle. This space may not be located in a required front or exterior side setback area and may be utilized only to store a vehicle that does not exceed thirteen and one-half feet in height, eight and one-half feet in width, and twenty-five feet in length. Such parking or storage spaces shall be finished in concrete, asphalt, semi-permeable pavers, or a similar paved surface.
E. Covered Parking in the R-1 Zoning District.
1. When required by this chapter, covered parking spaces serving a single-family dwelling shall be provided within an enclosed garage. The planning commission may allow required covered parking spaces to be provided within an open carport with a design permit if the planning commission finds that a garage is practically infeasible or that a carport results in a superior project design.
2. All carports serving a single-family dwelling shall comply with the following design standards:
a. Carports shall be designed with high-quality materials, compatible with the home. The roofing design, pitch, colors, exterior materials and supporting posts shall be similar to the home. The carport shall appear substantial and decoratively finished in a style matching the home which it serves. b. The slope of a carport roof shall substantially match the roof slope of the home which it serves. c. Pedestrian pathways connecting the carport with the home shall be provided.
3. Garages in the R-1 zoning district may be converted to habitable living space only if the total number of required on-site parking spaces is maintained, including covered spaces for the covered parking space requirement.
F. Electric Vehicle Charging Stations.
1. Building Code Requirements. Electric vehicle charging stations shall be provided in accordance with the requirements of the California Green Building Standards Code.
2. Use of Space Signage. Signage shall be installed designating electric vehicle charging spaces for the exclusive purpose of charging and parking an electric vehicle.
3. Digital Operation Screens.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. “Digital operation screens” are defined for the purposes of this section as interactive digital displays used solely for the operation and required for the functionality of the electric vehicle charging station. b. Digital operation screens are permitted and are limited to a maximum screen size of two square feet.
The community development director may allow for a larger screen size of up to of four square feet upon determining that the larger screen is necessary for the functionality of the charging station.
4. Placement on Lot. Electric vehicle charging equipment must be located outside of minimum required property line setbacks.
5. Screening. Electric vehicle charging stations on lots with six spaces or more (including spaces not used for electric vehicle charging) are subject to the screening requirements in Section 17.76.060(I).
6. Impacts on Required Parking Spaces. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses on the property, the number of required parking spaces for the existing uses shall be reduced by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.
7. Permits Required.
a. An application for an electric vehicle charging station that complies with all applicable requirements shall be approved ministerially with a building permit. A design permit or other type of planning permit is not required.
b. The process to review and act on the application shall be as provided in Government Code Sections 65850.7 and 65850.71.
G. Parking for Persons with Disabilities.
1. Parking spaces for persons with disabilities shall be provided in compliance with California Code of Regulations Title 24.
2. Parking spaces required for the disabled shall count toward compliance with the number of parking spaces required by Tables 17.76-1 and 17.76-2.
H. Curb-Side Service.
1. Curb-side (drive-up) service for retail uses is allowed in all commercial and mixed use zoning districts.
2. Restaurant curb-side service requires a conditional use permit in the regional commercial (C-R) zoning district and is prohibited in all other zoning districts. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.76.050 On-site parking alternatives.
A. Purpose. This section identifies alternatives to required on-site parking to:
1. Allow for creative parking solutions;
2. Enhance economic vitality in Capitola;
3. Promote walking, biking, and use of transit; and
4. Encourage the efficient use of land resources consistent with the general plan.
B. Eligibility. Alternatives to required on-site parking in this section are available only to uses located outside of the mixed use village zoning district, except for:
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1. Valet parking (subsection F of this section) which is available in all zoning districts, including the mixed use village zoning district; and
2. Fees in lieu of parking (subsection I of this section), which are available only to uses in the mixed use village zoning district.
C. Required Approval. All reductions in on-site parking described in this section require planning commission approval of a conditional use permit.
D. Off-Site Parking.
1. For multifamily housing and nonresidential uses, the planning commission may allow offsite parking if the commission finds that practical difficulties prevent the parking from being located on the same lot it is intended to serve.
2. Off-site parking shall be located within a reasonable distance of the use it is intended to serve, as determined by the planning commission.
3. A deed restriction or other legal instrument, approved by the city attorney, shall be filed with the county recorder. The covenant record shall require the owner of the property where the on-site parking is located to continue to maintain the parking space so long as the building, structure, or improvement is maintained in Capitola. This covenant shall stipulate that the title and right to use the parcels shall not be subject to multiple covenants or contracts for use without prior written consent of the city.
E. Shared Parking. Multiple land uses on a single parcel or development site may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ.
The planning commission may allow shared parking subject to the following requirements:
1. A parking demand study prepared by a specialized consultant contracted by the community development director, paid for by the applicant, and approved by the planning commission demonstrates that there will be no substantial conflicts between the land uses’ principal hours of operation and periods of peak parking demand.
2. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use.
3. The proposed shared parking facility is located no further than four hundred feet from the primary entrance of the land use which it serves.
4. In the mixed use neighborhood (MU-N) zoning district the reduction for shared parking is no greater than twenty-five percent of the required on-site parking spaces.
F. Valet Parking. The planning commission may allow up to twenty-five percent of the required on-site parking spaces to be off-site valet spaces (except for a hotel on the former Village Theater site (APNs 035-262-04, 035-262- 02, and 035-261-10) for which there is no maximum limit of off-site valet spaces). Valet parking shall comply with the following standards:
1. Valet parking lots must be staffed when business is open by an attendant who is authorized and able to move vehicles.
2. A valet parking plan shall be reviewed and approved by the community development director in consultation with the public works director.
3. Valet parking may not interfere with or obstruct vehicle or pedestrian circulation on the site or on any public street or sidewalk.
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4. The use served by valet parking shall provide a designated drop-off and pick-up area. The drop-off and pickup area may be located adjacent to the building, but it may not be located within a fire lane, impede vehicular and/or pedestrian circulation, or cause queuing in the right-of-way or drive aisle.
G. Low Demand. The number of required on-site parking spaces may be reduced if the planning commission finds that the land use will not utilize the required number of spaces due to the nature of the specific use. This finding shall be supported by the results of a parking demand study approved by the community development director in consultation with the public works director.
H. Transportation Demand Management Plan. The planning commission may reduce the number of required on-site parking spaces for employers that adopt and implement a transportation demand management (TDM) plan subject to the following requirements and limitations:
1. A TDM plan reduction is available only to employers with twenty-five or more employees.
2. Required on-site parking spaces may be reduced by no more than fifteen percent.
3. The TDM plan shall be approved by the community development director in consultation with the public works director.
4. The TDM plan shall identify specific measures that will measurably reduce the demand for on-site parking spaces. Acceptable measures must ensure a reduced demand for parking spaces (e.g., an employee operated shuttle program). Measures that only encourage the use of public transit, ridesharing, biking, or walking will not be accepted.
5. The employer shall appoint a program coordinator to oversee transportation demand management activities.
6. The program coordinator must provide a report annually to the planning commission that details the implementation strategies and effectiveness of the TDM plan.
7. The planning commission may revoke the TDM plan at any time and require additional parking spaces on site upon finding that the plan has not been implemented as required or that the plan has not produced the reduction in the demand for on-site parking spaces as originally intended.
I. Fees in Lieu of Parking.
1. Within the MU-V zoning district, on-site parking requirements for hotel uses may be satisfied by payment of an in-lieu parking fee established by the city council to provide an equivalent number of parking spaces in a municipal parking lot. Such payment must be made before issuance of a building permit or a certificate of occupancy. Requests to participate in an in-lieu parking program must be approved by the city council. A proposed hotel may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zones) if any part of the site is located in the coastal zone. A parking plan shall be reviewed within a CDP, to ensure the development will not have adverse impacts on coastal resources.
2. Fee revenue must be used to provide public parking in the vicinity of the use. In establishing parking districts, the city council may set limitations on the number of spaces or the maximum percentage of parking spaces required for which an in-lieu fee may be tendered.
J. Transit Center Credit. Provided a regional transit center is located within the Capitola Mall property, the planning commission may reduce the number of required parking spaces by up to ten percent for residential mixed use projects in the Capitola Mall property bounded by Clares Street, Capitola Road, and 41st Avenue. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.060 Parking design and development standards.
A. Minimum Parking Space Dimensions. Minimum dimensions of parking spaces shall be as shown in Table 17.76-
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Table 17.76-3: Minimum Parking Space Dimensions
Type of Space Minimum Space
Dimensions
Spaces Serving Single-Family
Dwellings
Uncovered and covered
(garage) spaces
10 ft. by 20 ft. [1]
In sidewalk exempt areas 10 ft. by 18 ft.
Spaces Serving Multifamily and
Nonresidential Uses
Standard Spaces 9 ft. by 18 ft.
Compact Spaces 8 ft. by 16 ft.
Tandem Spaces [2] 9 ft. by 18 ft.
Notes:
[1] The dimensions of parking spaces in an enclosed garage shall be measured from the interior garage walls. [2] See subsection (E)(3) of this section (Tandem Parking Spaces).
B. Compact Spaces. A maximum of thirty percent of required on-site parking spaces serving multifamily and nonresidential uses may be compact spaces. All parking spaces for compact cars shall be clearly marked with the word “Compact” either on the wheel stop or curb, or on the pavement at the opening of the space.
C. Parking Lot Dimensions. The dimensions of parking spaces, maneuvering aisles, and access ways within a parking lot shall conform to the city’s official parking space standard specifications maintained by the public works director and as shown in Figure 17.76-3 and Table 17.76-4. 139
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Figure 17.76-3: Standard Parking Lot Dimensions
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Table 17.76-4: Standard Parking Lot Dimensions
Parking Angle
Width Depth Aisle Single Bay Double Bay
Compact Standard Compact Standard Compact Residential Commercial Compact Residential Commercial Compact Residential Commercial 90 7'-6" 8'-6" 15'-0" 18'-0" 20'-0" 22'-0" 25'-0" 35'-0" 40'-0" 43'-0" 50'-0" 58'-0" 61'-0" 85 7'-7" 8'-6" 15'-7" 18'-8" 19'-0" 21'-0" 24'-0" 34'-7" 39'-8" 42'-8" 50'-2" 58'-4" 61'-0" 80 7'-8" 8'-7" 16'-1" 19'-2" 18'-0" 20'-0" 23'-0" 34'-1" 39'-2" 42'-4" 50'-2" 58'-4" 61'-0" 75 7'-9" 8'-10" 16'-5" 19'-7" 17'-0" 19'-0" 22'-0" 33'-5" 38'-7" 41'-7" 49'-10" 58'-2" 61'-0" 70 8'-0" 9'-0" 16'-9" 19'-10" 16'-0" 18'-0" 21'-0" 32'-9" 37'-10" 40'-10" 49'-6" 57'-8" 66'-8" 65 8'-4" 9'-4" 16'-10" 19'-11" 15'-0" 17'-0" 20'-0" 31'-10" 36'-11" 39'-11" 48'-8" 56'-10" 59'-10" 60 8'-8" 9'-10" 16'-9" 19'-10" 14'-0" 16'-0" 19'-0" 30'-9" 35'-10" 38'-10" 47'-6" 55'-8" 58'-8" 55 9'-1" 10'-4" 16'-7" 19'-7" 13'-0" 15'-0" 18'-0" 29'-7" 34'-7" 37'-7" 46'-2" 54'-2" 57'-2" 50 9'-10" 11'-1" 16'-4" 19'-2" 12'-0" 14'-0" 17'-0" 28'-4" 33'-2" 36'-2" 44'-8" 52'-4" 55'-4" 45 10'-7" 12'-0" 15'-11" 18'-8" 11'-0" 13'-0" 16'-0" 25'-5" 30'-0" 33'-0" 42'-10" 50'-4" 53'-4" 40 11'-8" 13'-2" 15'-15" 18'-0" 10'-0" 12'-0" 15'-0" 24'-8" 28'-2" 31'-2" 40'-10" 48'-0" 51'-0" 35 13'-1" 14'-10" 14'-8" 17'-2" 10'-0" 11'-0" 14'-0" 24'-0" 26'-2" 29'-2" 39'-4" 45'-4" 48'-4" 30 15'-3" 17'-0" 14'-0" 16'-2" 10'-0" 10-0" 13'-0" 35'-0" 40'-0" 43'-0" 38'-0" 42'-4" 45'-4" 141
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
D. Surfacing.
1. All parking spaces, maneuvering aisles, and access ways shall be paved with asphalt, concrete, or other allweather surface.
2. Permeable paving materials, such as porous concrete/asphalt, open-jointed pavers, and turf grids, are a preferred surface material, subject to approval by the public works director.
E. Tandem Parking Spaces. Tandem parking spaces are permitted for all residential land uses; provided, that they comply with the following standards:
1. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.
2. For single-family dwellings, tandem parking is permitted for up to two uncovered spaces in front of a garage, with a maximum of three tandem spaces, including the covered space in a single garage. Tandem parking spaces of three spaces or more require planning commission approval.
3. The minimum size of an uncovered tandem parking space may be reduced to nine feet by eighteen feet.
4. All required guest parking shall be provided as single, nontandem parking spaces.
5. Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.
6. Tandem parking spaces shall be used to accommodate passenger vehicles only.
F. Parking Lifts. Required parking may be provided using elevator-like mechanical parking systems (“lifts”) provided the lifts are located within an enclosed structure or otherwise screened from public view. Parking lifts shall be maintained and operable through the life of the project.
G. Lighting.
1. A parking area with six or more parking spaces shall include outdoor lighting that provides adequate illumination for public safety over the entire parking area.
2. Outdoor lighting as required above shall be provided during nighttime business hours.
3. All parking space area lighting shall be energy efficient and directed away from residential properties to minimize light trespass.
4. All fixtures shall be hooded and downward facing so the lighting source is not directly visible from the public right-of-way or adjoining properties.
5. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).
H. Pedestrian Access.
1. Parking lots with more than thirty parking spaces shall include a pedestrian walkway in compliance with ADA requirements.
2. The design of the pedestrian walkway shall be clearly visible and distinguished from parking and circulation areas through striping, contrasting paving material, or other similar method as approved by the community development director.
I. Screening. Parking lots of six spaces or more shall comply with the following screening standards:
1. Location. Screening shall be provided along the perimeter of parking lots fronting a street or abutting a residential zoning district.
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2. Height.
a. Screening adjacent to streets shall have a minimum height of three feet. b. For parking lots within ten feet of a residential zoning district, screening shall have a minimum height of six feet, with additional height allowed with planning commission approval.
3. Materials – General. Required screening may consist of one or more of the following materials (see Section
17.76.070 (Parking lot landscaping) for landscaping screening requirements):
a. Low-profile walls constructed of brick, stone, stucco or other durable material. b. Evergreen plants that form an opaque screen.
c. An open fence combined with landscaping to form an opaque screen. d. A berm landscaped with ground cover, shrubs, or trees.
4. Materials – Adjacent Residential. Parking lots within ten feet of a residential zoning district shall be screened by a masonry wall.
J. Drainage. A drainage plan for all parking lots shall be approved by the public works director.
K. Adjustments to Parking Design and Development Standards. The planning commission may allow adjustments to parking design and development standards in this section through the approval of a minor modification as described in Chapter 17.136 (Minor Modifications). (Ord. 1043 § 2 (Att. 2), 2020)
17.76.070 Parking lot landscaping.
See Section 17.72.055 (Parking lot landscaping). (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.76.080 Bicycle parking.
A. Applicability. All new multifamily developments of five units or more and commercial uses served by parking lots of ten spaces or more shall provide bicycle parking as specified in this section.
B. Types of Bicycle Parking.
1. Short-Term Bicycle Parking. Short-term bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.
2. Long-Term Parking. Long-term bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours or more a secure and weather-protected place to park bicycles. Longterm parking may be located in publicly accessible areas or in garages or other limited access areas for exclusive use by tenants or residents.
C. Bicycle Parking Spaces Required. Short-term and long-term bicycle parking spaces shall be provided as specified in Table 17.76-6.
Table 17.76-6: Required Bicycle Parking Spaces
Land Use
Required Bicycle Parking Spaces
Short-Term Spaces Long-Term Spaces
Multifamily Dwellings and Group Housing 10% of required automobile spaces; minimum of 4 spaces
1 per unit
Nonresidential Uses 10% of required automobile spaces 1 per 20 required automobile spaces for uses 10,000 sq. ft. or greater
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D. Short-Term Bicycle Parking Standards. Short-term bicycle parking shall be located within one hundred feet of the primary entrance of the structure or use it is intended to serve.
E. Long-Term Bicycle Parking Standards. The following standards apply to long-term bicycle parking:
1. Location. Long-term bicycle parking shall be located within seven hundred fifty feet of the use that it is intended to serve.
2. Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are:
a. In a locked room or area enclosed by a fence with a locked gate; b. Within view or within one hundred feet of an attendant or security guard; c. In an area that is monitored by a security camera; or d. Visible from employee work areas.
F. Parking Space Dimensions.
1. Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.
2. An aisle of at least five feet shall be provided behind all bicycle parking to allow room for maneuvering.
3. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, pedestrian paths, and other similar features.
4. Four feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.
G. Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in a fixed position. The planning commission may allow creative approaches to rack design (e.g., vertical wall-mounted bicycle racks) if physical site constraints render compliance with bicycle parking design standards impractical or undesirable.
H. Cover. If bicycle parking spaces are covered, the covers shall be permanent and designed to protect the bicycles from rainfall. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.090 Visitor serving parking.
A. Shuttle Program Parking. Parking for the free summer beach shuttle program shall be provided in a remote lot or lots, such as those located on Bay Avenue and the Village public parking lots. The free shuttle shall operate, at a minimum, on weekends and holidays between Memorial Day weekend and Labor Day weekend.
B. Public Parking in the Coastal Zone.
1. Public parking existing as of June 9, 2021, in the following locations in the CF zoning district shall be maintained for public parking:
a. The Upper City Hall parking lot;
b. The Cliff Drive overlook parking; and
c. The Cliff Drive Southern Pacific railroad right-of-way parking unless Cliff Drive must be relocated due to cliff erosion.
2. Substantial changes in public parking facilities in the coastal zone require a local coastal program (LCP) amendment.
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3. Expansion of any existing legally established residential parking programs and/or new residential parking programs in the coastal zone require an amendment to coastal development permit 3-87-42 and consistency with the LCP land use plan.
4. The city shall evaluate the potential impact on public coastal access when considering a coastal development permit application for any development that would reduce public parking spaces near beach access points, shoreline trails, or parklands, including any changes to the residential parking program established under coastal development permit 3-87-42. When parking is reduced, the city shall evaluate alternative opportunities for public coastal access as needed to ensure existing levels of public access are maintained, or if possible enhanced. Such opportunities may include bicycle lanes and bicycle parking, pedestrian trails, relocated vehicular parking spaces, and enhanced shuttle/transit service. (Ord. 1043 § 2 (Att. 2), 2020)
17.76.100 On-site loading.
A. Applicability. All retail, hotel, warehousing, manufacturing, and similar uses that involve the frequent receipt or delivery of materials or merchandise shall provide on-site loading spaces consistent with the requirements of this section.
B. Number of Loading Spaces. The minimum number of required loading spaces shall be as specified in Table
17.76-7.
Table 17.76-7: Required Loading Spaces
Floor Area Required Loading Spaces
Less than 10,000 sq. ft. None
10,000 to 30,000 sq. ft. 1
Greater than 30,000 sq. ft. 2 plus 1 per each additional 20,000 sq. ft.
C. Location.
1. Required loading spaces shall be located on the same lot as the use they are intended to serve.
2. No loading space shall be located closer than fifty feet to a residential zoning district, unless the loading space is wholly enclosed within a building or screened by a solid wall not less than eight feet in height.
D. Dimensions.
1. Each loading space shall have minimum dimensions of ten feet wide, twenty-five feet long, and fourteen feet in vertical clearance.
2. Deviations from the minimum dimension standards may be approved by the community development director if the spatial needs are less than the minimum required due to the truck size and type that will be utilized in the operation of a specific business.
E. Design and Configuration.
1. Loading spaces shall be configured to ensure that loading and unloading takes place on site and not within adjacent public rights-of-way.
2. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.
3. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation. 145
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4. Loading spaces shall be striped and clearly identified as for loading purposes only. (Ord. 1043 § 2 (Att. 2), 2020)
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.80
SIGNS
Sections:
17.80.010 Purpose and applicability.
17.80.020 Definitions.
17.80.030 Permit requirements.
17.80.040 Rules of measurement.
17.80.050 Signs allowed without permits.
17.80.060 Prohibited signs.
17.80.070 General sign standards.
17.80.080 Standards for specific types of signs.
17.80.090 Design standards.
17.80.100 Residential signs – Multi-unit properties.
17.80.110 Temporary signs.
17.80.120 Adjustment to sign standards.
17.80.130 Master sign program.
17.80.140 Nonconforming signs.
17.80.150 Violations and enforcement.
17.80.010 Purpose and applicability.
A. Purpose. This chapter establishes standards relating to the permitted type, size, height, placement, number, and design of signs. The intent of these standards is to:
1. Support economically viable businesses serving city residents, workers, and visitors.
2. Allow for signage that identifies businesses in a fair and equitable manner.
3. Protect and enhance the aesthetic qualities of the city.
4. Minimize hazards to motorists and pedestrians resulting from excessive, confusing, and distracting signs.
5. Allow for a simple and streamlined sign permitting process.
B. Applicability. This chapter applies to all signs in Capitola, except for city-installed signs and signs required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.020 Definitions.
The following definitions apply to this chapter:
A. “Awning sign” means a sign incorporated into, attached, or painted on an awning.
B. “Awning face sign” means a sign located on the sloping plane face of an awning.
C. “Awning valance sign” means a sign located on the valance of an awning perpendicular to the ground.
D. “Center identification sign” means a sign identifying the name of a shopping center and that does not include the name of any business within the center. A shopping center is a commercial building or group of buildings operated as a unit on a single parcel, sharing common parking areas or commonly owned adjacent parcels.
E. “Commercial message” means any sign copy that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction.
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G. “Construction site sign” means an on-premises sign for an approved construction project that publicizes the future building and occupants as well as the architects, engineers and construction organizations involved in the project.
H. “Directory sign” means an on-premises sign which shows the direction to or location of a customer entrance to a business.
I. “Election period” means the period beginning one hundred twenty days before and ending one day after any national, state, or local election in which city electors may vote.
J. “Flags” means fabric, textile, or material with colors and/or patterns which display a symbol of a nation, state, company, or idea.
K. “Monument sign” means an independent, freestanding structure supported on the ground as opposed to being supported on the building.
L. “Projecting sign” means any sign permanently attached to a building or wall such that the sign face or faces are perpendicular to the building or wall.
M. “Roof sign” means any sign that is mounted on a roof or a parapet of a building.
N. “Sidewalk sign” means movable or permanent business identification signs placed in or attached to a public sidewalk.
O. “Sign” means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise or announce the purpose of a business or entity, or to communicate information of any kind to the public.
P. Sign Area. See Section 17.80.040(A) (Calculation of Sign Area).
Q. “Sign copy” means the area of a sign occupied by letters, numbers, graphics, or other content intended to inform, direct, or otherwise transmit information.
R. “Sign face” means the area of a sign where sign copy is placed.
S. “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
T. “Window sign” means a sign posted, painted, placed, or affixed in or on a window exposed to public view or within one foot and parallel to a window exposed to public view. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.030 Permit requirements.
A. Administrative Sign Permits. An administrative sign permit (Chapter 17.132) is required to install, construct, or enlarge a sign, except for:
1. Signs exempt from the permit requirements of this chapter as specified in Section 17.80.050 (Signs allowed without permits).
2. Signs requiring a sign permit as identified in subsection B of this section.
B. Sign Permits. Planning commission approval of a sign permit (Chapter 17.132) is required for the following types of signs and approvals:
1. New signs in the mixed use village (MU-V) zoning district.
2. Exterior neon signs.
3. Monument signs for more than four tenants.
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4. Auto dealership signs in the C-R zoning district (Section 17.80.080(A)) that are not otherwise allowed with an administrative sign permit.
5. Adjustments to sign standards in low visibility areas in commercial zoning districts (Section 17.80.120(E)).
6. Signs that do not conform with permitted sign types and standards in Section 17.80.080 (Standards for specific types of signs).
7. Master sign programs (Section 17.80.130).
C. Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.
D. Message Neutrality.
1. It is the city’s policy to regulate signs in a constitutional manner that does not favor commercial speech over noncommercial speech, and is content neutral as to noncommercial messages which are within the protections of the First Amendment to the U.S. Constitution and the corollary provisions of the California Constitution.
2. Where necessary, the director will interpret the meaning and applicability of this chapter in light of this message neutrality policy.
E. Message Substitution.
1. Subject to the property owner’s consent, a message of any type may be substituted, in whole or in part, for the message displayed on any legally established sign without consideration of message content.
2. Message substitutions are allowed by right without a permit.
3. This message substitution provision does not:
a. Create a right to increase the total amount of signage beyond that otherwise allowed or existing; b. Affect the requirement that a sign structure or mounting device be properly permitted, when a permit requirement applies;
c. Allow a change in the physical structure of a sign or its mounting device; d. Allow the establishment of a prohibited sign as identified in Section 17.80.060 (Prohibited signs); or e. Nullify or eliminate any contractual obligation through a development agreement or similar agreement that specifies the allowable content of a sign.
F. City-Installed Signs. City-installed signs in all zoning districts do not require a permit.
G. Other Government-Installed Signs. Governmental agency-installed signs to carry out its responsibility to protect the public health, safety, and general welfare in all zoning districts do not require a permit.
H. Signs in the Coastal Zone.
1. If a proposed sign is located in the coastal zone, it may require a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone). Approval of a CDP requires conformance with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval).
2. Notwithstanding all applicable standards in this chapter, any sign that could reduce public coastal access, including signs limiting public parking or restricting use of existing lateral and/or vertical accessways, requires a CDP. (Ord. 1043 § 2 (Att. 2), 2020)
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17.80.040 Rules of measurement.
A. Calculation of Sign Area.
1. Sign area is measured as the area of all sign copy, framing, or other display enclosed within a continuous perimeter forming a single geometric shape with no more than six sides. See Figure 17.80-1.
Figure 17.80-1: Measurement of Sign Area
2. Supporting framework or bracing that is clearly incidental to the display itself shall not be calculated as sign area.
3. The area of a double-faced (back-to-back) sign shall be calculated as a single sign face if the distance between each sign face does not exceed eighteen inches and the two faces are parallel with each other.
4. The area of spherical, free-form, sculptural or other nonplanar signs are measured as fifty percent of the sum of the area enclosed within the four vertical sides of the smallest four-sided polyhedron that will encompass the sign structure. See Figure 17.80-2.
Figure 17.80-2: Nonplanar Sign Area
B. Monument Sign Height Measurement. The height of a monument or other freestanding sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.050 Signs allowed without permits.
A. Types of Signs. The following signs are allowed without a planning permit and shall not be counted towards the allowable sign area or number of signs on a parcel:
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1. On-site directional signs which do not include commercial messages or images, not to exceed three feet in height and six square feet in area.
2. Informational signs which do not include commercial messages or images, displayed for the safety and convenience of the public, providing information such as “restrooms,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” “coastal access,” and other signs of a similar nature.
3. Flags bearing noncommercial messages or graphic symbols.
4. One commemorative plaque identifying a building name, date of construction, or similar information that is cut into, carved, or made of stone, concrete, metal, or other similar permanent material.
5. One bulletin board on a parcel occupied by a noncommercial organization, with a maximum area of twelve square feet.
6. Political signs during an election period located outside of a public street, path, or right-of-way except to the extent such signs are prohibited by state or federal law. Political signs may not exceed six feet in height and thirty-two square feet per unit.
7. Constitutionally protected noncommercial message signs not to exceed three feet in height, with a maximum of six square feet per unit; and six square feet per nonresidential property.
8. Signs within a building, or on the premises of a building, that are not visible from the public right-of-way and are intended for interior viewing only.
9. Murals on the exterior of a building that do not advertise a product, business, or service.
10. Official or legal notices required by a court order or governmental agency.
11. Signs installed by a governmental agency within the public right-of-way.
12. Signs, postings, or notices required by a governmental agency to carry out its responsibility to protect the public health, safety, and general welfare.
13. Restaurant menu signs attached to a building, with a maximum area of three square feet.
14. Real estate listings posted in the window of a real estate office, with a maximum area of twenty-five percent of the total window area.
15. Residential signs not requiring a building permit as specified in Section 17.80.100 (Residential signs – Multi-unit properties).
16. Temporary signs allowed without a permit as provided in Section 17.80.110 (Temporary signs).
17. Vacation rental signs up to twelve inches by twelve inches.
18. Garage sale signs limited to the day of the garage sale.
B. Building Permit Review. Planning staff shall review all proposed signs listed in subsection A of this section that require a building permit to verify compliance with all applicable standards.
C. Changes to Sign Face. Changes to a sign face that do not structurally alter or enlarge a legally established sign and utilize similar materials shall not require a planning permit.
D. Routine Maintenance. The painting, cleaning, repair, and normal maintenance of a legally established sign shall not require a planning permit. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.060 Prohibited signs.
A. Prohibited Sign Types. The following types of signs are prohibited:
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1. Signs or sign structures which have become a public nuisance or hazard due to inadequate maintenance, dilapidation, or abandonment.
2. Portable signs placed on the ground other than sidewalk signs permitted in the MU-V zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
3. Roof signs.
4. Signs emitting odors, gases, or fluids.
5. Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind, excluding flags and insignia of any government.
6. Digital display and electronic readerboard signs which allow the image on a sign to be changed by electronic control methods, except for digital gas and service station signs consistent with Section 17.80.080(H) (Gas and Service Station Signs) and parking garage signs consistent with Section 17.80.080(I) (Parking Garage Signs).
7. Animated signs, with the exception of clocks and barber poles.
8. Signs that emit sound.
9. Signs which simulate in size, color, lettering, or design a traffic control sign or signal.
10. Signs which flash, blink, change color, or change intensity.
11. Beacons.
12. Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.
13. Signs that have been abandoned, or whose advertised use has ceased to function for a period of ninety days or more.
14. Signs adversely affecting traffic control or safety.
15. Signs with exposed raceways.
16. Signs attached to trees.
17. Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by state agencies.
18. Signs erected for the dominant purpose of being seen by travelers on a freeway, except for auto dealership signs as allowed by Section 17.80.080(A) (Auto Dealership Signs).
19. Inflatable signs and balloons greater than fifteen inches in diameter, except for temporary auto dealership signs.
20. Signs on or affecting public property (e.g., “tenant parking only”) not placed there by the public entity having the possessory interest in such property.
21. All other signs not specifically permitted by or exempted from the requirements of this chapter.
B. Prohibited Sign Content.
1. The following sign content is prohibited:
a. Obscene or indecent text or graphics.
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c. Text or graphics that constitute defamation, incitement to imminent lawless action, or true threats. d. Text or graphics that present a clear and present danger due to their potential confusion with signs that provide public safety information (for example, signs that use the words “Caution,” or “Danger,” or comparable words, phrases, symbols, or characters in such a manner as to imply a safety hazard that does not exist).
2. The content prohibited by subsection (B)(1) of this section is either not protected by the United States or California Constitution or is offered limited protection that is outweighed by the substantial governmental interests in protecting the public safety and welfare. It is the intent of the city council that each subsection of subsection (B)(1) of this section be individually severable in the event that a court of competent jurisdiction were to hold one or more of them to be inconsistent with the United States or California Constitution. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.070 General sign standards.
A. Maximum Permitted Sign Area. Table 17.80-1 identifies the maximum cumulative/total sign area permitted on a property in each zoning district. Each business may have a mix of the sign types allowed by Section 17.80.080 (Standards for specific types of signs) provided the area of all signs on the property does not exceed the maximum established in Table 17.80-1.
Table 17.80-1: Sign Area Standards
Zoning District Area per Linear Foot of Building
Frontage
MU-V, MU-N 0.5 sq. ft. per linear foot 36 sq. ft. max
C-R, C-C, I 1 sq. ft. per linear foot 50 sq. ft. max
-VS, CF, P/OS [1] As determined through sign permit
PD As determined through the
development plan
Note:
[1] Sign requirements in the visitor serving overlay zone shall be as required by the base zoning district.
B. Maintenance. Signs, including all supports, braces, and anchors, shall be maintained in a state of good repair at all times. Damage to signs, including cracked sign faces, frayed or weathered fabric, and broken lighting, shall be repaired promptly.
C. Building Surface Repair. When an existing sign is replaced or modified, any newly exposed portions of a building surface on which the sign is displayed shall be repaired and repainted to restore a uniform appearance to the surface. Compliance with this requirement includes the removal of any excess conduit and supports, and the patching or filling of any exposed holes.
D. Illumination.
1. Nonresidential signs may be internally or externally illuminated except where specifically prohibited.
Internal illumination is permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Internally illuminated boxes are prohibited, except that the copy of an existing internally illuminated box sign may be replaced with a change of business.
2. The light source for externally illuminated signs shall be positioned so that light does not shine directly on adjoining properties or cause glare for motorists or pedestrians. 153
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3. Exposed bulbs are not permitted.
4. Internal illumination is prohibited in the mixed use village (MU-V) and mixed use neighborhood (MU-N) zoning districts.
E. Materials and Design.
1. Except for interior window signs, all permanent signs shall be constructed of wood, metal, plastic, glass, or similar durable and weatherproof material.
2. The design of signs, including its shape, features, materials, colors, and textures, shall be compatible with the design character of the development or use it identifies and will not have an adverse effect on the character and integrity of the surrounding area.
F. Location and Placement.
1. All signs shall be located on the same parcel as the business or use that it serves, except as otherwise allowed by this chapter.
2. Signs shall not obstruct the ingress to, or egress from, a door, window, fire escape, or other required accessway.
3. Signs shall not interfere with visibility at an intersection, public right-of-way, driveway, or other point of ingress/egress. The city may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. See Section 17.96.050 (Intersection sign distance).
G. Signs in the Public Right-of-Way.
1. No sign shall be permitted in the public right-of-way, except for:
a. Signs installed or required by a governmental agency. b. Awning, canopy, marquee, projecting, or suspended signs attached to a building wall subject to the requirements in Section 17.80.080 (Standards for specific types of signs). c. Sidewalk signs in the village mixed use (MU-V) zoning district consistent with Section 17.80.080(K) (Sidewalk Signs).
d. Shared auto dealership signs consistent with Section 17.80.080(A) (Auto Dealership Signs).
2. Any sign illegally installed or placed on public property shall be subject to removal and disposal as specified in Section 17.80.150 (Violations and enforcement). The city shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of the sign.
3. Signs in the public right-of-way may require city approval of an encroachment permit. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.80.080 Standards for specific types of signs.
Signs consistent with the standards in this section are allowed with an administrative permit unless planning commission approval of a sign permit is specifically required. Signs that deviate from the standards in this section may be allowed with planning commission approval of a sign permit in accordance with Section 17.80.120 (Adjustment to sign standards).
A. Auto Dealership Signs.
1. In addition to signs allowed with an administrative sign permit (Section 17.80.030(A)), the planning commission may allow special auto dealership signage in the C-R zoning district with approval of a sign permit subject to the following standards:
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d. The planning commission shall review the sign permit application if the total combined sign area on the site exceeds one hundred square feet.
e. The planning commission may allow one shared sign used by multiple auto dealerships at the entry of Auto Plaza Drive which extends into or above the public right-of-way.
The planning commission may allow temporary auto dealership signage, such as signage on light poles and flags and pennants, that deviates from temporary sign standards in Section 17.80.110 (Temporary signs) with the approval of a sign permit.
B. Awning Signs.
1. Standards for awning signs in each zoning district are as shown in Table 17.80-2.
2. Awning signs shall be located on the awning above a display window or the entrance to the business it serves.
3. An awning sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Table 17.80-2: Awning Sign Standards
Awning Face Sign Awning Valance Sign
Zoning District Maximum Area Maximum Number Maximum Area Maximum Letter Height Maximum Number
MU-V, MU-N Sign permit required (Chapter 17.132)
75 percent of valance Two-thirds of valance
height
1 sign per awning
located on either the
awning face or the
awning valance
C-R, C-C 30 percent of awning
face 1 sign per awning
located on either the
awning face or the
awning valance I 20 percent of awning
face
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for awning signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for awning signs shall be established by the city council in the development plan.
C. Monument Signs.
1. Standards for monument signs in each zoning district are as shown in Table 17.80-3.
Table 17.80-3: Monument Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V 12 sq. ft.
4 ft. 1 per property
MU-N 16 sq. ft.
C-R 60 sq. ft.
8 ft. 1 per building frontage
C-C 35 sq. ft.
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Zoning District Maximum Area Maximum Height Maximum Number I 4 ft. 1 per building frontage
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for monument signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for monument signs shall be established by the city council in the development plan.
2. Monument signs shall be placed on the property of the business associated with the sign.
3. Where two monument signs are allowed on a corner parcel, each sign shall be placed at least two hundred feet from the intersection corner.
4. A monument sign for up to four tenants may be approved with an administrative sign permit. Monument signs listing more than four tenants require planning commission approval of a sign permit.
5. The area surrounding the base of a monument sign shall be landscaped consistent with Chapter 17.72 (Landscaping).
6. Monument signs shall be placed at least five feet away from any public or private driveway.
7. Monument signs shall be placed at least five feet behind sidewalk or property line, whichever is greater.
8. The height of a monument sign is measured as the vertical distance from the sidewalk or top of curb nearest the base of the sign to the top of the highest element of the sign.
9. Monument signs are not allowed in conjunction with wall signs on a property with three or fewer businesses.
D. Center Identification Signs.
1. Standards for center identification signs in each zoning district are as shown in Table 17.80-4.
2. Center identification signs shall identify the name of the center but may not include the name of any business or businesses within the center.
3. No more than one freestanding sign is permitted per center street frontage. If a monument sign is located along the center frontage, an additional center identification sign is not permitted.
Table 17.80-4: Center Identification Sign Standards
Zoning District Maximum Area Maximum Height Maximum Number MU-V and MU-N Not permitted
C-R 60 sq. ft.
5 ft. 1 per shopping center
C-C 35 sq. ft.
I Not permitted
Note: In the planned development (PD) zoning district, standards for center identification signs shall be established by the city council in the development plan.
E. Directory Signs.
1. Standards for directory signs in each zoning district are as shown in Table 17.80-5.
2. Directory signs may not be legible from adjacent public rights-of-way. 156
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3. Directory signs shall identify the names of the occupants of the building or complex.
Table 17.80-5: Directory Sign Standards
Zoning District Maximum Area Maximum Height
MU-V 12 sq. ft.
4 ft.
MU-N 16 sq. ft.
C-R 30 sq. ft.
5 ft.
C-C 25 sq. ft.
I 25 sq. ft. 4 ft.
Note: In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for directory signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for directory signs shall be established by the city council in the development plan.
F. Wall Signs.
1. Standards for wall signs in each zoning district are as shown in Table 17.80-6.
2. Wall signs shall be attached parallel to the exterior wall of the business associated with the sign and may not extend above the top of building wall.
3. Wall signs may be in cabinets, on wood, or on similar material attached to the wall or painted directly on the wall.
4. Any portion of a wall sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
5. Wall signs are not allowed in conjunction with a monument sign on a property with three or fewer businesses.
6. On a corner lot, one wall sign is allowed per street frontage.
Table 17.80-6: Wall Sign Standards
Zoning District [1] Maximum Area Maximum Projection from Wall Maximum Number
MU-V, MU-N
MU-N
0.5 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft. max
1.0 sq. ft. per linear foot of shopfront,
not to exceed 36 sq. ft.
4 in. 1 per shopfront
C-R, C-C, I [2] 1.0 sq. ft. per linear foot of shopfront, not to exceed 36 sq. ft. 12 in. 1 per shopfront
Notes:
[1] In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for wall signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for wall signs shall be established by the city council in the development plan. [2] Wall signs are not allowed in conjunction with a monument sign in the industrial (I) zoning district. 157
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G. Projecting Signs.
1. Standards for projecting signs in each zoning district are as shown in Table 17.80-7.
2. Projecting signs shall be attached to the ground-floor exterior wall of the business associated with the sign and may not extend above the top of the second-story finished floor.
3. Projecting signs shall maintain a minimum two-foot horizontal clearance from a driveway or street curb.
4. An encroachment permit must be obtained for all signs projecting over a public right-of-way.
5. A projecting sign that projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.
Table 17.80-7: Projecting Sign Standards
Zoning
District
Maximum
Area
Maximum
Projection
from Wall
Maximum
Number
MU-V, MUN 4 sq. ft. 4 ft. 1 per business
entryway or
storefront
C-R, C-C, I
8 sq. ft. 4 ft.
1 per business
entryway or
storefront
Note:
In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for projecting signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for projecting signs shall be established by the city council in the development plan.
H. Gas and Service Station Signs. In addition to signs allowed with an administrative sign permit (Section
17.80.030(A)), the planning commission may allow special gas and service station signs that comply with the following standards:
1. A maximum of two signs, not exceeding four square feet, shall be allowed on each pump island to denote either full service or self-service.
2. No other signs will be allowed to be attached to pumps or islands other than required by state law. (See Business and Professions Code Section 13530.)
3. A six-foot-high monument sign which displays prices charged, credit cards accepted or special services rendered shall be allowed on each street frontage.
4. Digital changeable copy signs for gasoline pricing are permitted.
5. Two additional signs up to a maximum of one square foot are permitted to advertise ancillary services such as ATMs and propane. Such signs must be attached to another sign or structure and may not be a portable freestanding sign.
I. Parking Garage Signs. A maximum of one digital display sign not exceeding four square feet on each street frontage is permitted to show the number of available parking spaces.
J. Window Signs.
1. Standards for window signs in each zoning district are as shown in Table 17.80-8. 158
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2. Window signs may be attached only to the inside of a ground-floor window of the business associated with the sign.
3. Interior signs within one foot of a window and publicly visible from outside of the building shall be included in the calculation of sign area for the property.
Table 17.80-8: Window Sign Standards
Zoning District Maximum Area
MU-V, MU-N 25 percent of window
C-R, C-C, I 30 percent of window
Note:
In the visitor serving (-VS), community facility (CF) and parks and open space (P/OS) zoning districts, standards for window signs shall be established by the planning commission through a sign permit. In the planned development (PD) zoning district, standards for window signs shall be established by the city council in the development plan.
K. Sidewalk Signs.
1. Where Allowed. Sidewalk signs are permitted only in the MU-V zoning district consistent with the requirements of this section.
2. Permits Required.
a. Sidewalk signs consistent with this section and the approved BIA design as illustrated in Figure 17.80-3 can be issued an over-the-counter sign permit by the community development director. b. All sidewalk signs shall obtain an encroachment permit. The encroachment permit will identify the location and method used to drill a hole in the sidewalk and/or the location of a sign on a base. c. The owner of any business desiring to place a sidewalk sign on the city right-of-way shall provide an executed city hold harmless waiver and proof of liability insurance to the satisfaction of the city attorney in the amount of one million dollars prior to placing the sign within said right-of-way. 159
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Figure 17.80-3: Sidewalk Sign Standards and Design Concepts
3. Dimensions. Sidewalk signs shall comply with the dimension standards in Table 17.80-9.
Table 17.80-9: Sidewalk Sign Standards
Zoning
District
Sign Face Entire Sign
Maximum
Area
Maximum
Width
Maximum
Height
Maximum
Height [1]
MU-V 3.75 sq. ft. 18 in. 32 in. 58 in.
All Other
Zoning
Districts
Not permitted
Note:
[1] Measured from sidewalk to top of sign.
4. Number of Signs.
a. Only one two-sided sidewalk sign per business establishment is permitted. b. Multi-tenant developments are permitted one sidewalk sign per each common exterior public business entrance.
5. Materials and Design.
a. Sidewalk signs shall be attached to metal poles. Poles may be either drilled into the sidewalk or inserted into a moveable base. Moveable bases shall be constructed of metal, form a circle with a diameter of no more than eighteen inches, and must be approved as part of the sign permit. b. Lights, banners, flags or similar objects shall not be placed on or adjacent to sidewalk signs. c. Sign faces shall be constructed of solid wood, metal or similar durable and weatherproof material. d. No sidewalk sign may contain lights of any kind.
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6. Sidewalk Clearance.
a. The sidewalk in front of the business must be at least seventy-eight inches in width. b. Sidewalk signs shall not interfere with pedestrian ingress or egress as required by the building code or obstruct vehicular traffic sight distance requirements. A forty-eight-inch level clear path of travel on concrete or similar material must be maintained where the sign is located.
7. Separation from Other Sidewalk Signs. Sidewalk signs shall be spaced a minimum of thirty linear feet from all other permitted sidewalk signs.
8. Display During Open Hours. Sidewalk signs may be used only during the hours when the business is open to the public. At all other times the sign and base must be stored within the business premises.
9. Advertising Multiple Businesses. Individual signs may advertise more than one business.
10. Other Business Signage.
a. No other temporary advertising signs (Section 17.80.110) may be used at the same time as the sidewalk sign is in use.
b. All other signs on the property must be in conformance with the city’s sign regulations prior to a sidewalk sign permit being issued. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.090 Design standards.
A. Design Standards for Mixed Use Zoning Districts. The following design standards apply to all signs in the MU-V and MU-N zoning districts:
1. Signs shall preserve, complement, or enhance the architectural composition and features of the building to which it is attached. Signs may not cover or obscure significant architectural details of the building to which it is attached.
2. Signs shall be coordinated with the overall facade composition, including ornamental details and other signs on the building to which it is attached.
3. Signs shall be mounted to fit within existing architectural features. The shape of the sign shall be used to reinforce the relationship of moldings and transoms seen along the street.
4. Signs shall be located and designed so that they are legible when viewed from the sidewalk. Sign letter styles and sizes shall be designed for legibility from the sidewalk, not the street.
5. To the extent possible, sign attachment parts shall be reused in their original location (holes in the facade or fixing positions) to protect the original building materials.
6. Internally illuminated signs are prohibited in the MU-V and MU-N zoning districts.
7. Wiring conduit for sign lighting shall be carefully routed to avoid damage to architectural details and to be concealed from view as much as possible.
8. Sign materials and colors shall be compatible with the period and style of building to which is it is attached.
Sign panels shall avoid the extensive use of primary colors or significant areas of white or cream.
9. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
10. The sign will not have a significant adverse effect on the character and integrity of the surrounding area.
B. Design Standards for Commercial Zoning Districts. The following design standards apply to all signs in the C-C and C-R zoning districts:
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1. Sign design shall conform to and be in harmony with the architectural character of the building.
2. Signs shall be symmetrically located within a defined architectural space.
3. Internally illuminated signs are permitted only when the portion of the sign that appears illuminated is primarily the sign lettering, registered trademark, or logo. Large panel internally illuminated signs are prohibited.
4. The design of monument and other freestanding signs shall relate to the architecture of the building or development they serve. Exterior materials, finishes and colors shall be the same or similar to those of the building or structures on site.
5. Letters and logos shall be raised, routed into the sign face, or designed to give the sign variety and depth.
C. Design Standards for Industrial Zoning District. Signs within the industrial (I) zoning district shall be constructed of metal or other materials consistent with the light industrial character of the zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.100 Residential signs – Multi-unit properties.
Multi-unit properties may display one or more master signs subject to the following requirements:
A. A master sign program (Section 17.80.130) has been approved for the multi-unit property.
B. Maximum allowable sign area: twenty square feet per property.
C. A master sign for a multi-unit property requires an administrative sign permit. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.110 Temporary signs.
A. Permitted Temporary Signs. Table 17.80-10 (Temporary Sign Standards) identifies temporary signs permitted either by right or with the approval of an administrative sign permit. The planning commission may allow other types of temporary signs or temporary signs that do not comply with the standards in Table 17.80-10 with approval of a sign permit.
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Chapter 17.80 SIGNS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Table 17.80-10: Temporary Sign Standards
Sign Type Permit Required Use Restriction Maximum Number Maximum Area/Size Maximum Duration Auto Dealership Signs – Flags – Pennants – Balloons
None Auto dealerships on Auto Plaza
Drive only
No maximum 0.5 sq. ft. per linear business
frontage; 30 sq. ft. max; 1/3 of window max
Year-round; must be maintained in good condition
Commercial Banner Signs Administrative Sign Permit Nonresidential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
30 sq. ft. 30 continuous calendar days; no
more than 60 days each calendar year
Construction Site Signs – Residential
Administrative Sign Permit Residential uses only 1 per 500 ft. of linear building frontage; 2 signs maximum
Height: 5 ft. Area: 12 sq. ft.
From issuance of building permit to certificate of occupancy Construction Site Signs – Nonresidential
Administrative Sign Permit Commercial and industrial uses only
1 per 500 ft. of linear building frontage; 2 signs maximum Height: 8 ft.; 4 ft. in MU-V Area: 40 sq. ft.; 12 sq. ft. in MU-V From issuance of building permit to certificate of occupancy For Sale, Lease, and Rent Signs, Nonresidential
None Commercial and industrial uses
only
1 per property Height: 8 ft.
Area: 40 sq. ft.
1 year; director may approve extension
For Sale, Lease, and Rent Signs, Residential
None Residential uses only 1 per property Height: 4 ft.
Area: 6 sq. ft.
180 days; director may approve extension
Open House or Model Home None None 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.
Limited to day of open house
Special Event None Special events 1 per property and 1 on other property with owner consent
Height: 4 ft. Area: 6 sq. ft.
Limited to day of special event
Residential Subdivision Administrative Sign Permit Residential subdivisions and condominiums located in the city
1 per subdivision Height: 10 ft.
Area: 40 sq. ft.
180 days or upon the sale of the last unit, whichever comes first (Ord. 1043 § 2 (Att. 2), 2020)
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.80.120 Adjustment to sign standards.
This section establishes procedures to allow the planning commission to approve signs that deviate from certain standards to provide reasonable flexibility in the administration of the sign ordinance.
A. Permit Required. Adjustments to sign standards allowed by this section require planning commission approval of a sign permit.
B. Permitted Adjustments. The planning commission may allow adjustment to the following sign standards:
1. The type of sign allowed in nonresidential zoning districts (e.g., awning signs, monument signs).
2. Requirements for temporary signs.
3. The maximum permitted sign area up to a twenty-five percent increase.
4. The maximum permitted sign height up to a twenty-five percent increase.
C. Excluded Adjustments. The planning commission may not use the sign standards adjustment process to approve deviations to the following sign standards:
1. Prohibited signs (Section 17.80.060).
2. All general sign standards (Section 17.80.070) except maximum permitted sign area (Section 17.80.070(A)).
3. Maximum number of signs allowed per property.
4. Residential signs (Section 17.80.100).
D. Findings. The planning commission may approve an adjustment to sign standards as allowed by this section if the following findings can be made in addition to findings required to approve sign permit applications:
1. The sign will be compatible with adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.
2. The sign will not adversely impact neighboring properties or the community at large.
3. The adjustment is necessary due to unique characteristics of the subject property, structure, or use.
4. The sign will be consistent with the purpose of the zoning district, the general plan, local coastal program, and any adopted area or neighborhood plan.
5. The adjustment will not establish an undesirable precedent.
E. Low Visibility Commercial Properties.
1. In addition to adjustments allowed by subsections A through D of this section, the planning commission may allow additional adjustments to sign standards for low visibility properties in the C-R and C-C zoning districts.
A low visibility property means a property where signage consistent with applicable standards would not be easily visible from the street or sidewalk due to the width of street frontage, parcel depth or configuration, placement of buildings on the property, topography, vegetation, or other physical characteristic of the property.
2. Adjustments to sign standards for low visibility properties require planning commission approval of a sign permit.
3. Adjustments are allowed to required sign types, height, size, placement, and number. Adjustments may not allow for prohibited signs or monument signs.
4. The planning commission may approve additional or variations to any type of signage upon making the following findings:
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. The special signage, as designed and conditioned, is necessary and appropriate for the subject commercial site, in order to allow the site and the businesses located within it to be competitive with other businesses of a similar nature located elsewhere, and/or to be competitive with industry standards governing sale of the merchandise offered at the site.
b. The special signage, as designed and conditioned, will not have a significant adverse effect on the character and integrity of the surrounding area. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.130 Master sign program.
A. Purpose. The purpose of the master sign program is to provide a coordinated approach to signage for multifamily development and multi-tenant commercial developments.
B. Applicability. A master sign program is required for multifamily uses with more than one permanent sign proposed, and any nonresidential development with four or more tenants.
C. Permit Required. A master sign program requires planning commission approval of a sign permit.
D. Applications. Applications shall be filed with the planning department on the appropriate city forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed master sign program.
E. Master Sign Program Contents. All master sign programs shall identify the materials, color, size, type, placement and general design of signs located on a project or property.
F. Design Standards.
1. Master sign programs shall feature a unified and coordinated approach to the materials, size, type, placement and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs.
2. A master sign program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, sign area, and type of sign. A master sign program may not allow prohibited signs as identified in Section 17.80.060 (Prohibited signs).
G. Effect of Master Sign Program.
1. All subsequent signs proposed for a development or property subject to an approved master sign program shall comply with the standards and specifications included in the master sign program.
2. Signs consistent with an approved master sign program are allowed with an administrative sign permit.
3. Approval of a master sign program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the master sign program shall be in compliance with this chapter. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.140 Nonconforming signs.
This section applies to all legally established signs that do not conform to current requirements in this chapter.
A. Continuation.
1. Except as required by subsection (A)(2) of this section, a nonconforming sign may continue its use as a sign if it was legally established in compliance with all applicable regulations in effect at the time it was established.
It is the applicant’s responsibility to demonstrate that the sign was legally established.
2. At time of review of a design permit application for a property with a nonconforming sign on the site, the planning commission shall review the existing nonconforming sign in conjunction with the design permit. The planning commission may allow the continuation of the nonconforming sign only upon finding the sign is 165
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B. Allowed Changes.
1. Changes to sign copy/face and repainting of legal nonconforming signs are permitted as long as there is no alteration to the physical structure or support elements of the sign.
2. A legal nonconforming sign that sustains less than fifty percent damage to its structure may be repaired to its original pre-damaged condition; provided, that such repair is completed within one hundred eighty days after the date of the damage.
C. Required Compliance. A legal nonconforming sign shall be removed or brought into compliance with this chapter in the following situations:
1. The use advertised by the sign has ceased to function for a period of ninety days or more.
2. The sign has sustained at least fifty percent damage to its structure.
3. The sign is located on a remodeled building facade.
4. The sign is relocated to a different lot or building. (Ord. 1043 § 2 (Att. 2), 2020)
17.80.150 Violations and enforcement.
A. Illegal Signs. It is unlawful for any person to install, place, construct, repair, maintain, alter or move a sign in a manner that does not comply with the requirements of this chapter.
B. Removal of Illegal Signs.
1. The city may immediately remove or cause the removal of any sign that places the public in immediate peril or that is located within the public right-of-way.
2. For illegal signs that do not place the public in immediate peril and are located on private property, the city shall serve the business owner, property owner, or person responsible for the sign a written certified notice that:
a. Describes the physical characteristics of the subject sign. b. Explains the nature of the violation.
c. States that the sign shall be removed or brought into compliance with this chapter within a specified number of days after the notice is received.
d. States that the city will remove the sign if the business owner or person responsible for the sign does not correct the violation within the specified number of days after the notice is received. e. States that the city may destroy the illegal sign if it is not retrieved within twenty days of removal by the city.
f. States that the business owner or person responsible for the sign is liable for all costs associated with the removal, storage, and destruction of the sign.
3. If an illegal sign is not removed or brought into compliance within the specified number of days after a notice is received, the city may issue a citation to the business owner or person responsible for the sign as provided in Title 4 (General Municipal Code Enforcement) and may remove or cause the removal of the sign.
4. Any accessory structures, foundations, or mounting materials which are unsightly or a danger to the public health, safety, and welfare shall be removed at the time of the sign removal. 166
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5. A sign removed by the city shall be stored for a minimum of twenty days. If the sign is not retrieved by the business owner or person responsible for the sign within this twenty-day period, the city may destroy the sign. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.84 HISTORIC PRESERVATION
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.84
HISTORIC PRESERVATION
Sections:
17.84.010 Purpose.
17.84.020 Types of historic resources.
17.84.030 Architectural historian.
17.84.040 Adding or removing designated historic resource status.
17.84.050 Maintenance of potential historic resource list.
17.84.060 Criteria for designating historic resources.
17.84.070 Historic alteration permit.
17.84.080 Demolition of historic resources.
17.84.090 Historic preservation incentives.
17.84.010 Purpose.
This chapter establishes procedures for the classification of historic resources and requirements for alterations to these resources. These provisions are intended to preserve and enhance Capitola’s historic character while maintaining the ability of property owners to reasonably improve and modify historic homes and structures in Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.020 Types of historic resources.
The zoning code establishes two types of historic resources: designated historic resources and potential historic resources identified in the city’s list of potential historic resources. The city intends for both types of historic resources to be comprised primarily of structures from the pre-World War II era of Capitola’s history.
A. Designated Historic Resources. Designated historic resources include the following:
1. Resources listed on the National Register of Historic Places or determined by the State Historical Resources Commission to be eligible for listing on the National Register of Historic Places.
2. Resources listed on the California Register of Historical Resources or determined by the State Historical Resources Commission to be eligible for listing on the California Register of Historical Resources.
3. A contributing structure within a National Register Historic District (Venetian Court, Six Sisters, Lawn Way, and Old Riverview Districts).
4. Other resources officially designated by the city council as a designated historic resource based on the criteria in Section 17.84.060 (Criteria for designating historic resources).
B. Potential Historic Resource. A potential historic resource is a site, structure, or feature that has previously been identified by the city as potentially historic and is included on a list of potentially historic resources as maintained by the community development department consistent with Section 17.84.050 (Maintenance of potential historic resource list). The purpose of the list of potential historic resources is to maintain an inventory of properties that are potentially historic for use by city staff when reviewing development project applications. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.030 Architectural historian.
A. General.
1. The city of Capitola shall utilize the services of an architectural historian as specified in this chapter to assist with the review of development project applications and to advise on other matters associated with historic preservation in the city of Capitola.
2. The architectural historian must be certified by the state of California as a historic preservation professional and must be familiar with the history and architecture of the city of Capitola. 168
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3. When the services of the architectural historian are needed to assist with a development project application, all costs associated with the architectural historian’s services shall be paid for by the applicant.
B. Role. The architectural historian shall assist the city in the administration and enforcement of this chapter.
Specific duties may include:
1. Reviewing applications to add or remove designated historic resource status in accordance with Section
17.84.040 (Adding or removing designated historic resource status).
2. Recommending to the community development director additions or removal of structures from the city’s list of potential historic resources in accordance with Section 17.84.050 (Maintenance of potential historic resource list).
3. Completing DPR523 forms or equivalent documentation to record the historic significance of historic resources.
4. Reviewing historic alteration permit applications, design permit applications, and other applications involving a modification or potential impact to a historic resource.
5. Advising the city on other matters related to historic preservation in the city of Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.040 Adding or removing designated historic resource status.
A. Initiation. The city council, planning commission, or property owner may request to designate a property as a designated historic resource or remove such designation from a property.
B. Application Contents. An application by a property owner shall be on a form designated by the community development department and shall include the following information:
1. Photographs – Subject Property and Context.
a. Photographs of each exterior elevation of all buildings and structures on the site, including retaining walls and fences.
b. Photographs of exterior details (facade materials, porches, columns, cornices, window trim, wall materials, and fence materials).
c. Historic photographs of original structure if available.
2. Physical Condition – Written and Graphic. A detailed written description on the physical condition of the structure with supporting photographs.
3. Property History. A description of the history of the property, if known.
4. Requests to Remove Classification. A property owner may request to remove the designated historic resource status by submitting to the community development department a written request accompanied by a description with photograph documentation explaining the property’s lack of historic significance.
5. Additional Information. Any additional information requested by the community development director necessary to process and evaluate the application.
C. Application Review. The community development director shall review applications for adequacy and completeness under the requirements of this section. The application shall be reviewed by the city’s architectural historian to assess whether the property exhibits characteristics for classification as a designated historic resource described in Section 17.84.060 (Criteria for designating historic resources). If the property exhibits characteristics for classification, the architectural historian will complete a DPR523 or equivalent for the city’s records. A staff report with a recommendation on the approval, approval with conditions, or denial of the application based upon the 169
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. evaluation of the proposed historic resource classification shall be prepared by the community development department for planning commission consideration.
D. Planning Commission Recommendation. The planning commission shall review a designated historic resource application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings) and provide a recommendation to approve, conditionally approve, or deny the application.
E. City Council Action. The city council shall approve, conditionally approve, or deny the application by resolution.
The action of the city council is final.
F. Effect of Classification. The classification of a designated historic resource shall run with the land and be binding to subsequent owners of the property. Upon classification, the city shall add the structure to the city’s designated historic resource list. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.050 Maintenance of potential historic resource list.
A. Authority to Maintain. The community development director shall be responsible for maintaining the list of potential historic resources. The director may add or remove structures from the list based on input from an architectural historian.
B. Additions to List. Any structure added to the potential historic resource list shall meet one or more of the criteria in Section 17.84.060(B) (Potential Historic Resource). The property owner shall be notified in writing of a decision to add a property to the list. Decisions of the community development director to add a property to the list may be appealed to the planning commission.
C. Removal of Listed Structures. A property owner may request the removal of a property from the historic structure list by submitting to the community development department a written request accompanied by a description with photograph documentation explaining the property’s lack of historic significance. Decisions of the community development director to maintain a structure on the list despite a request for its removal by the property owner may be appealed to the planning commission. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.060 Criteria for designating historic resources.
A. Designated Historic Resources. Designated historic resources represent particularly noteworthy community resources that exemplify the city’s unique historic identity, primarily from the pre-World War II era of Capitola’s history. Designated historic resources possess iconic landmark status that contribute to Capitola’s unique sense of place due to physical characteristics of the resource visible from a public place. The city council may classify a property as a designated historic resource if it meets any of the following criteria:
1. It exemplifies or reflects special elements of the city’s cultural, social, economic, political, aesthetic, engineering, architectural or natural history.
2. It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the uses of indigenous materials or craftsmanship.
3. It is an example of a type of building once common in Capitola but now rare.
4. It contributes to the significance of a historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related groupings of properties which contribute to each other and are united aesthetically by plan or physical development.
B. Potential Historic Resource. Based on a recommendation from the city’s architectural historian, the community development director may add a structure to the potential historic resource list if it meets any of the above criteria for classifying a designated historic resource or any of the following criteria:
1. It has a unique location or singular physical characteristic or is a view or vista representing an established and familiar visual feature of a neighborhood, district, or the city.
2. It embodies elements of architectural design, detail, materials or craftsmanship that represent a significant structural or architectural achievement or innovation.
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3. It is similar to other distinctive properties, sites, areas or objects based on a historic, cultural or architectural motif.
4. It is one of the few remaining examples in the city, region, state or nation possessing distinguishing characteristics of an architectural or historic type or specimen. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.070 Historic alteration permit.
A. Purpose. A historic alteration permit is an approval required to alter the exterior of a historic resource.
B. Requirement for Designated Historic Resources. A historic alteration permit is required for any exterior alteration to a designated historic resource as defined in Section 17.84.020 (Types of historic resources).
C. Requirement for Potential Historic Resource.
1. When Permit Is Required. A historic alteration permit is required for an alteration to a potential historic resource if:
1a. The project requires a discretionary approval (e.g., design permit, coastal development permit); and 2b. The community development director determines that the project may result in a significant adverse impact of a historic resource as defined in the California Environmental Quality Act (CEQA) Guidelines Section 15064.5. A structure found not to be historically significant through a historic evaluation does not require a historic alteration permit.
D2. Historic Resource Assessment and Consultation. A proposed alteration to a designated historic resource or a potential historic resource that requires a discretionary permit will be reviewed by the city’s architectural historian to assess if the project may result in a significant adverse impact of a historic resource. The community development director shall use this assessment to determine if the findings of approval for the historic alteration permit can be made. Review by the city’s architectural historian is not required for in-kind repairs in accordance with subsection FE of this section (Exception for Preservation and In-Kind Rehabilitation).
ED. Alteration Defined. As used in this chapter, “alteration” means any exterior change or modification to a structure, cutting or removal of trees and other natural features, disturbance of archaeological sites or areas, and the placement or removal of any accessory structures affecting the exterior visual qualities of the property. Painting is not considered an alteration unless painted features are designated as significant or characteristic of a historic resource.
FE. Exception for Preservation and In-Kind Rehabilitation. A historic alteration permit is not required for preservation or rehabilitation due to damage to windows, doors, trim, or other similar building elements. The rehabilitation shall be in-kind, matching the original design in size, detail, materials, and function. To qualify for this exception, the applicant must provide evidence of original design and details of the in-kind replacement.
GF. Review Authority. The planning commission shall take action on all applications for a historic alteration permit.
HG. Application Requirements. Applications for a historic alteration permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department together with all required application fees.
IH. Public Notice and Hearing. The planning commission shall consider applications for a historic alteration permit at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
JI. Findings for Approval. The planning commission may approve a historic alteration permit only if all of the following findings can be made:
1. The historic character of a property is retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize the property is avoided. 171
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2. Distinctive materials, features, finishes, and construction techniques or examples of fine craftsmanship that characterize a property are preserved.
3. Any new additions complement the historic character of the existing structure. New building components and materials for the addition are similar in scale and size to those of the existing structure.
4. Deteriorated historic features are repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature matches the old in design, color, texture, and, where possible, materials.
5. Archaeological resources are protected and preserved in place. If such resources must be disturbed, mitigation measures are undertaken.
6. The proposed project is consistent with the general plan, the local coastal program, any applicable specific plan, the zoning code, and the California Environmental Quality Act (CEQA).
7. If a proposed development is located in the coastal zone and requires a coastal development permit (CDP) as specified in Chapter 17.44 (Coastal Overlay Zone), approval of a CDP requires compliance listed in this subsection I and the CDP findings as specified in Section 17.44.130 (Findings for approval).
KJ. Conditions of Approval. The planning commission may attach conditions of approval to a historic alteration permit to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.
LK. Appeals. Decisions on historic alteration permits may be appealed as described in Chapter 17.152 (Appeals). (Ord. 1043 § 2 (Att. 2), 2020)
17.84.080 Demolition of historic resources.
A. Permit Required. The demolition of a historic resource requires approval of a historic resource demolition permit.
B. Review Authority.
1. The planning commission takes action on historic resource demolition permit applications to demolish a potential historic resource.
2. The planning commission recommends and the city council takes action on historic resource demolition permit applications to demolish a designated historic resource.
C. Application Submittal and Review. Applications for a historic resource demolition permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department together with all required application fees to the satisfaction of the community development directorCDD or planning commission. The city may require third-party review of these materials at the applicant’s expense. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F of this section (Findings for Approval).
D. Planning Commission Recommendation. For historic resource demolition permit applications to demolish a designated historic resource, the planning commission shall provide a recommendation to the city council on a historic resource demolition permit at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings). The planning commission shall base its recommendation on the findings specified in subsection F of this section (Findings for Approval).
E. Public Notice and Hearing. The review authority shall review and act on a historic resource demolition permit at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings).
F. Findings for Approval. To approve a historic resource demolition permit, the review authority shall make one or more of the following findings:
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1. The structure must be demolished because it presents an imminent hazard to public health and safety as determined by a licensed structural engineer.
2. The structure proposed for demolition is not structurally sound despite evidence of the applicant’s efforts to rehabilitate and properly maintain the structure.
3. The rehabilitation or reuse of the structure is economically infeasible. Economic infeasibility shall be demonstrated by preparing actual project costs and by comparing the estimated market value of the property in its current condition, after rehabilitation and after demolition.
4. No feasible alternative use of the structure exists that can earn a reasonable economic return.
G. Limitations on Findings of Economic Hardship. The review authority may not approve a historic resource demolition permit if an economic hardship was caused by any of the following:
1. Willful or negligent acts by the applicant.
2. Purchasing the property for substantially more than market value.
3. Failure to perform normal maintenance and repairs.
4. Failure to diligently solicit and retain tenants.
5. Failure to prescribe a rental amount which is reasonable for the current market.
6. Failure to provide normal tenant improvements.
H. Post-Decision Procedures. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) shall apply to historic resource demolition permits. (Ord. 1043 § 2 (Att. 2), 2020)
17.84.090 Historic preservation incentives.
A. Mills Act Agreement. Upon request of the owner of a designated historic resource, the city council may elect to enter into a Mills Act agreement with the owner. See Government Code Section 50280 et seq. The Mills Act agreement shall run with the land and be binding upon subsequent owners of the designated historic resource. If the city council elects to enter into a Mills Act agreement, the city shall file the Mills Act agreement for recording with the county recorder.
B. California Historical Building Code. The California Historical Building Code (Title 24, Part 8) shall apply to all designated historic resources to facilitate the preservation and continuing use of the building while providing reasonable safety for the building’s occupants and access for persons with disabilities.
C. Grant or Loan Priority. The city shall give the highest priority to designated historic resources when distributing grants or loans whose purpose is historic preservation.
D. Permitting Fees.
1. The city councilCity shall may waive reimburse application and review fees for planning permits required for development projects that preserve, retain, and rehabilitate a historic structure.
2. Planning permit application and review fees shall may be waived reimbursed only for significant rehabilitations of noteworthy historic structures. Fee reimbursements are not permitted, not for remodels or additions to older homes structures that would not substantially advance the city’s historic preservation goals. Fee reimbursements are permitted only for listed historic resources as defined in Section 17.84.020 (Types of Historic Resources). Fee reimbursements shall be approved by the permit review authority when acting on the permit application.
4. Required third-party reviews to determine eligibility for fee waivers shall be paid for by the applicant. 173
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E. Modifications to Development Standards. The city council may approve modifications to development standards in the applicable zoning district, such as parking and setbacks, if the modification is necessary to allow for the preservation, rehabilitation, or restoration of a historic resource, and if coastal resources are protected. Modifications associated with specific coastal resource standards (e.g., ESHA setbacks, geologic hazard setbacks, etc.) are not allowed. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
Chapter 17.96
SUPPLEMENTAL STANDARDS
Sections:
17.96.010 Purpose.
17.96.020 Animal keeping.
17.96.030 Emergency shelters.
17.96.040 Home occupations.
17.96.050 Intersection sight distance.
17.96.060 Large commercial land uses.
17.96.070 RepealedSupportive Housing.
17.96.080 Large residential care facilitiesReserved.
17.96.090 Offshore oil development support facilities.
17.96.100 Permanent outdoor displays.
17.96.110 Outdoor lighting.
17.96.120 Placement of underground utilities.
17.96.130 Recycling collection facilities.
17.96.140 Self-storage facilities.
17.96.150 Solar energy systems.
17.96.160 Soquel Creek Riverview Pedestrian Pathway.
17.96.170 Outdoor dining in public right-of-way.
17.96.180 Temporary uses and structures.
17.96.190 Generators.
17.96.200 Low Barrier Navigation Centers
17.96.210 Demolition and Replacement of Dwelling Units
17.96.220 No Net Loss of Housing Element Sites
17.96.230 Housing on Religious Facilities Sites
17.96.010 Purpose.
This chapter establishes supplemental standards for land uses, activities, and development that apply in all zoning districts. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.020 Animal keeping.
A. General Standards. The following standards apply to the keeping of all animals in Capitola:
1. Public Health and Safety. It shall be unlawful and shall constitute a nuisance to keep any animal that poses a threat to public health or safety.
2. Animal Noise. In addition to the standards in Chapter 9.12 (Noises), no animal may disturb neighbors with its noise between sunset and one-half hour after sunrise.
3. Sanitation. It shall be unlawful and shall constitute a nuisance for any person to keep animals in an unsanitary manner or produce obnoxious odors. All debris, refuse, manure, urine, food waste, or other animal byproduct shall be removed from all the premises every day or more often as necessary.
4. Property Confinement. Animals other than household pets, where allowed, shall be confined to the property within a fenced yard.
B. Household Pets.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Compliance with General Standards. The keeping of dogs, cats, domesticated birds, rabbits, rodents, reptiles and amphibians, potbelly pigs less than one hundred fifty pounds, and other household pets is permitted provided they comply with subsection A of this section.
2. Maximum Number. A maximum of four of each type of household pet with a maximum of eight pets total is permitted in a single dwelling unit.
C. Chickens.
1. Permitted Location. Keeping of chickens is permitted only on properties of five thousand square feet or more occupied by a single-family dwelling.
2. Prohibitions on Roosters. Only hens are permitted pursuant to this chapter. Roosters are prohibited.
3. Number of Chickens. A maximum of four chickens is permitted on a single property.
4. Enclosure Requirement. Chickens shall be kept in a coop which is sufficient to contain chickens. When outside of a coop, chickens shall be confined to the property within a fenced yard.
5. Location of Coops.
a. Chicken coops must be located behind the primary structure on the lot. b. Chicken coops may not be located within a required front and side setback area or closer than twenty feet to dwelling units on adjacent properties.
D. Honeybees.
1. Permitted Location. Keeping of beehives is permitted only on properties occupied by a single-family dwelling.
2. Minimum Lot Size and Number of Hives. A maximum of one beehive is permitted on properties of at least five thousand square feet.
3. Location of Beehives. Beehives shall be located behind the primary structure on the property. Beehives shall not be located closer than twenty feet to dwellings on adjacent properties or five feet from a property line.
E. Prohibited Animals. Keeping the following animals is prohibited:
1. Roosters, fowl other than chickens and ducks, goats, pigs other than potbelly pigs, and other livestock.
2. Wild animals as defined in Section 2118 of the California Fish and Game Code, except when authorized by the State Department of Fish and Game under Fish and Game Code Section 2150 et seq. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.030 Emergency shelters.
In addition to development standards in the applicable zoning district, Eemergency shelters will shall comply with the following standards:
A. Maximum Number of Persons/Beds. An emergency shelter shall contain a maximum of 35 beds and shall serve no more than 35 homeless persons at any one time.
B. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member when the greatest number of employees are on duty, not to exceed 1 space per 300 square feet of facility floor area.
C. Waiting and Intake Areas. All waiting and intake areas shall be located completely within the building.
D. Onsite Management. The emergency shelter shall provide onsite management during all hours of operation. 176
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
E. Proximity to Other Shelters. No emergency shelter shall be located within 300 feet of another emergency shelter.
F. Length of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelvemonth period.
GA. Lighting. Adequate Eexternal lighting shall be provided for security purposes. The lighting shall be stationary and, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
HB. Physical Characteristics. Emergency shelters shall comply with applicable state and local housing, building, and fire code requirements.
C. Security. Facilities shall have on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
D. Laundry Facilities. Facilities shall provide laundry facilities or services adequate for the number of residents.
E. Common Facilities. Facilities shall contain amenities appropriate to the population to be served to include the following:
1. Central cooking and dining room.
2. Recreation room.
3. Counseling services.
4. Child care facilities.
5. Other support services.
F. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m.
G. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with city requirements for accessory refuse structures. The storage area shall accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the community development director. The refuse enclosure shall be accessible to refuse collection vehicles.
H. Emergency Shelter Provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. Temporary shelter shall be available to residents for no more than six months.
2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
3. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, and permitting department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrated compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
I. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
J. Transportation Plan. A transportation plan is required.
K. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
L. Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per occupant.
M. Development Standards. An emergency shelter must comply with all development standards in the industrial (I) zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.040 Home occupations.
A. Required PermitBy Right Use. An administrative permit is required to establish or operate aA home occupation that complies with this section is permitted by right. No permits or approvals from the community development department are required.
B. Standards. All home occupations shall comply with the following standards:
1. Size. Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.
2. Sales and Displays. Products may not be sold on site directly to customers within a home occupation. Home occupations may not establish window displays of products to attract customers.
3. Advertising. No newspaper, radio, or television service shall be used to advertise the location of business; however, contact information, including phone numbers and email address, are allowed on advertisements.
4. Signs. One single, nonilluminated, wall-mounted outdoor sign of not more than one square foot in area is permitted.
5. Vehicle Traffic. A home occupation may not generate vehicle traffic greater than normally associated with a residential use. No excessive pedestrian, automobile, or truck traffic may be introduced to the neighborhood as a result of the home occupation.
6. Deliveries. Deliveries and pick-ups for home occupations may not interfere with vehicle circulation, and shall occur only between eight a.m. and eight p.m., Monday through Saturday.
7. Mechanical Equipment. Mechanical equipment that is not normally associated with a residential use is prohibited.
8. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.
9. Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.
10. Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit.
11. On-Site Client Contact. No more than one client/customer at the property at one time. Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).
12. Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from the property line.
C. Permit Revocation. An administrative permit for a home occupation that violates any of the standards in subsection B of this section (Standards) may be revoked consistent with Section 17.156.110 (Permit revocation). (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
17.96.050 Intersection sight distance.
A. Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way and adjacent to driveways for the purpose of traffic safety.
B. Vision Triangle Defined.
1. Intersections. The intersection vision triangle shall be the area formed by measuring thirty feet along the major street front property line and twenty feet along the minor street property line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-1.
2. Driveways. The driveway vision triangle is the area formed by measuring fifteen feet along the driveway and the street from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-
1. C. Maintenance of Sight Lines.
1. No structure, vehicle, object, or landscaping over thirty inches in height may be placed within a vision triangle, except as allowed by subsection (C)(2) of this section.
2. Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision triangle.
Figure 17.96-1: Vision Triangles
(Ord. 1043 § 2 (Att. 2), 2020)
17.96.060 Large commercial land uses.
A. Purpose and Applicability. This section establishes special findings that the planning commission must make to approve a conditional use permit for commercial land uses with more than twelve thousand square feet of floor area within one or more buildings. This requirement applies to all proposed new commercial land uses except for:
1. Uses already specifically approved in an applicable master conditional use permit pursuant to Section
17.124.100 (Master use and tenant use permits); and
2. Uses within a shopping center or mall with a floor area of three hundred thousand square feet or more.
B. Findings. To approve a conditional use permit for a commercial land use with twelve thousand square feet or more of floor area, the planning commission shall make the following findings in addition to the findings in Section
17.124.070 (Findings for approval):
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Chapter 17.96 SUPPLEMENTAL STANDARDS
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
1. Vehicle traffic and parking demand created by the proposed use will not have substantial adverse impacts on properties within the vicinity of the subject property.
2. The structure occupied with the proposed use is compatible with the scale and character of existing structures in the surrounding area.
3. The proposed use is compatible with existing land uses in the surrounding area.
4. The size of the proposed use is similar to the average size of similar uses located in the surrounding area.
5. The use will support the surrounding local economy and attract visitors to the commercial area.
C. Purpose of Findings. The purpose of additional findings for large commercial uses is to enable the planning commission to ensure that all new uses and development are consistent with the general plan and compatible with the character of existing neighborhoods and districts. These findings are not intended to involve the city in the normal competition that arises between similar businesses in Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.070 Large home day careSupportive Housing.
Supportive housing is allowed by right in all zones where multiple-family and mixed uses are permitted, including nonresidential zones permitting multiple-family uses, provided that the use satisfies all requirements in Government Code Section 65651.
Repealed by Ord. 1057. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.080 Large residential care facilities.Reserved
Large residential care facilities shall comply with the following standards:
A. Separation. A large residential care facility in a residential zoning district shall not be located within five hundred feet of another large residential care facility.
B. Screening and Landscaping. A wall or fence shall be provided for purposes of screening and securing outdoor recreational areas in compliance with Chapter 17.60 (Fences and Walls).
C. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services. Large residential care facilities shall be operated according to all applicable state and local regulations.
D. Safety Compliance. The applicant is required to have the facility inspected and submit a letter of compliance from the following:
1. City Building Department. The facility shall be inspected and brought into compliance with the building codes relative to the proposed use.
2. Fire Marshal. The facility shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.090 Offshore oil development support facilities.
A. Prohibition. There shall be no construction, reconstruction, operation, or maintenance of any commercial or industrial offshore oil development support facility within the city of Capitola.
B. Facilities and Activities Included in Prohibition. Prohibited facilities and activities include, but are not limited to:
1. Oil or gas storage facilities, pipe and drilling materials, or equipment repair or storage facilities, which operate directly in support of any offshore oil or gas exploration, development, drilling, pumping or production.
2. Construction, reconstruction, or operation of facilities to process any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations. (Ord. 1043 § 2 (Att. 2), 2020) 180
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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.
17.96.100 Permanent outdoor displays.
A. Permitted Displays. A single permanent outdoor display of retail goods that complies with this section is permitted as an accessory use to a primary commercial use in the mixed use, commercial, and industrial zoning districts, except in the MU-V zoning district, where permanent outdoor displays are prohibited.
B. Permits Required. Permanent outdoor displays require planning commission approval of a conditional use permit.
C. Standards.
1. Height. Displayed items shall not exceed six feet in height.
2. Size. Display areas are limited to six feet wide or ten percent of the width of the front building elevation. A display area may extend a maximum of three feet from the front building wall.
3. Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may sell merchandise in an outdoor display area.
4. Hours. Items shall be displayed only during the operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.
5. Screening. If outdoor display areas are proposed as part of a project subject to discretionary review (e.g., conditional use or design permit) and approval by the city, the review authority may require that display areas be screened from view from neighboring properties with a solid wall, fence, or landscaped berm.
6. Vending Machines. Vending machines are not permitted as part of an outdoor display. Vending machines are considered an accessory use requiring planning commission approval of a conditional use permit.
7. Design Standards.
a. Outdoor displays shall be designed to enhance the shopping environment. The outdoor display shall be designed to complement the architecture of the building and public realm. b. Outdoor displays shall be self-supporting, stable, and constructed to withstand wind or contact. The display shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, and trees.
c. Outdoor displays may not contain any information which would routinely be placed on a business sign located on the building such as the name or type of business, hours of business operation, business logo, brand name information, etc. The outdoor display may include a sign which indicates the price of the display items or simply indicates a “sale” on the items limited in size to four square inches. d. Outdoor displays shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires.
8. Location.
a. All outdoor display areas shall be located on the same parcel as the primary commercial use. b. Outdoor display areas may not be placed within any permanent landscaped area, required parking space, or loading area.
c. No items may be displayed within the public right-of-way, including public sidewalks. d. Outdoor display areas may not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.
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Chapter 17.96 SUPPLEMENTAL STANDARDS
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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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. 183
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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. 184
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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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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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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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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. 188
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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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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. 191
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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. 192
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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 193
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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.
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. 194
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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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Capitola Municipal Code
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).” 196
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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.
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. 197
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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 198
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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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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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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). 202
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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 207
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. days after the lien amount is fully satisfied including costs and interest, the city clerk shall cause the lien to be released with the county of Santa Cruz recorder’s office.
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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Chapter 17.104 WIRELESS COMMUNICATIONS
FACILITIES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
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. 209
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Chapter 17.104 WIRELESS COMMUNICATIONS
FACILITIES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
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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Chapter 17.104 WIRELESS COMMUNICATIONS
FACILITIES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023.
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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Chapter 17.104 WIRELESS COMMUNICATIONS
FACILITIES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. i. Mounted on the rooftop of an existing building;
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. 212
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Chapter 17.104 WIRELESS COMMUNICATIONS
FACILITIES
The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number, and also provides a local or toll-free telephone number to contact the facility owner’s operations center.
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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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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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 215
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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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Chapter 17.104 WIRELESS COMMUNICATIONS
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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)
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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. 218
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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. 219
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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. 220
Item 8 C.
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) 221
Item 8 C.
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. 222
Item 8 C.
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. 223
Item 8 C.
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)
224
Item 8 C.
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) 225
Item 8 C.
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
226
Item 8 C.
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. 227
Item 8 C.
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. 228
Item 8 C.
Capitola Municipal Code
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)
229
Item 8 C.
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) 230
Item 8 C.
Capitola Municipal Code
Chapter 17.156 POST-DECISION PROCEDURES