Capitola City Council
November 14, 2024

REVISED 11/13/2024 9:40 AM
City of Capitola
City Council Meeting Agenda
Thursday, November 14, 2024 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Kristen Brown
Vice Mayor: Yvette Brooks
Council Members: Joe Clarke, Margaux Morgan, Alexander Pedersen Closed Session – 5:30 PM
Closed Sessions are not open to the public and held only on specific topics allowed by State Law (noticed below). An announcement regarding the items to be discussed in Closed Session will be made in the City Hall Council Chambers prior to the Closed Session. Members of the public may, at this time, address the City Council on closed session items only. There will be a report of any final decisions in City Council Chambers during the Open Session Meeting.
i. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Govt. Code § 54957(b)) City Council's Performance Evaluation of the City Manager ii. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code § 54956.8) Property: Esplanade Park (APN 035-26-209)
City Negotiator: Jamie Goldstein, City Manager
Under Negotiation: Terms of Lease of Real Property
Regular Meeting of the Capitola City Council – 6 PM
All correspondence received prior to 5:00 p.m. on the Wednesday preceding a Council Meeting will be distributed to Councilmembers to review prior to the meeting. Information submitted after 5 p.m. on that Wednesday may not have time to reach Councilmembers, nor be read by them prior to consideration of an item.

1. Roll Call and Pledge of Allegiance
Council Members Joe Clarke, Margaux Morgan, Alexander Pedersen, Yvette Brooks, and Mayor Kristen Brown.

2. Additions and Deletions to the Agenda

3. Presentations
Presentations are limited to eight minutes.

A. Presentation of the "Mayor for a Day" Youth Essay Contest

4. Report on Closed Session

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

A. Item 9B - Updated Attachment 1 and Correspondence Received After Publication of the Agenda Packet
1 City Council Meeting Agenda – November 14, 2024
City of Capitola Page 2

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

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

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

A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on October 24, 2024, and the special meeting on November 7, 2024.

B. City Check Registers
Recommended Action: Approve check registers dated October 11, 2024, and October 18, 2024.

C. 2024 Zoning Code Updates
Recommended Action: Adopt an ordinance amending Capitola Municipal Code Title 17: Zoning, Chapter 18.03: Density Bonus, and the Zoning Map (collectively, the “Zoning Code Amendments”), as well as amending Chapter 9.61: Marijuana Sales, Processing and Cultivation.

Project Description: Application #24-0026 for Amendments to Capitola Municipal Code Title 17:

Zoning, Chapter 18.03: Density Bonus, and the Zoning Map, collectively known as the “Zoning Code Amendments,” as well as a conforming amendment to Chapter 9.61, Marijuana Sales, Processing and Cultivation. The proposed Zoning Code amendments will impact the development standards and regulations for properties Citywide. The Zoning Code and Zoning Map are part of the City’s Local Coastal Program (LCP), and amendments require certification by the California Coastal Commission before taking effect in the Coastal Zone. The amendments to Chapter 9.61 are conforming changes that implement the Zoning Code Amendments allowing for retail cannabis in the C-C zone when fronting 41st Avenue. The proposed Zoning Code Amendments are exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3).

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

A. Stockton Bridge Debris Mitigation Project Update
Recommended Action: Staff recommends that the City Council: 1) receive report; and 2) direct staff to utilize available funding to develop project plans/permits and solicit public feedback to rebuild Stockton Bridge to address flood risk and debris accumulation.

B. FY 2024-25 City Fee Schedule
2 City Council Meeting Agenda – November 14, 2024
City of Capitola Page 3
Recommended Action: Conduct the duly noticed public hearing on the proposed City Fee Schedule for Fiscal Year 2024-25 and adopt a resolution amending the current fee schedule.

10. Adjournment - The next regularly scheduled City Council meeting is on November 21, 2024 at 6:00 PM.
_____________________________________________________
How to View the Meeting
Meetings are open to the public for in-person attendance at the Capitola City Council Chambers located at 420 Capitola Avenue, Capitola, California, 95010.

Other ways to Watch:

Spectrum Cable Television channel 8
City of Capitola, California YouTube Channel
To Join Zoom Application or Call in to Zoom:

Meeting
link: https://us02web.zoom.us/j/83328173113?pwd=aVRwcWN3RU03Zzc2dkNpQzRWVXAydz09 Or dial one of these phone numbers: 1 (669) 900 6833, 1 (408) 638 0968, 1 (346) 248 7799 Meeting ID: 833 2817 3113
Meeting Passcode: 678550
How to Provide Comments to the City Council
Members of the public may provide public comments to the City Council in-person during the meeting.

If you are unable to attend in-person, please email your comments to [email protected] and they will be included as a part of the record for the meeting. Please be aware that the City Council will not accept comments via Zoom.

Notice regarding City Council: The City Council meets on the 2nd and 4th Thursday of each month at 6:00 p.m. in the City Hall Council Chambers located at 420 Capitola Avenue, Capitola.

Agenda and Agenda Packet Materials: The City Council Agenda and the complete Agenda Packet are available for review on the City’s website and at Capitola City Hall prior to the meeting. Need more information? Contact the City Clerk’s office at 831-475-7300.

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

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

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de 3 City Council Meeting Agenda – November 14, 2024
City of Capitola Page 4
la Ciudad al 831-475-7300 al menos tres días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected].

Televised Meetings: City Council meetings are cablecast “Live” on Charter Communications Cable TV Channel 8 and are recorded to be rebroadcasted at 8:00 a.m. on the Wednesday following the meetings and at 1:00 p.m. on Saturday following the first rebroadcast on Community Television of Santa Cruz County (Charter Channel 71 and Comcast Channel 25). Meetings are streamed “Live” on the City’s website at by clicking on the Home Page link “Meeting Agendas/Videos.” Archived meetings can be viewed from the website at any time. 4 4894-0926-8984 v2
RESOLUTION NO. _____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPITOLA
AMENDING THE CITY’S FEE SCHEDULE FOR
FISCAL YEAR 2024-2025
WHEREAS, the City has the authority to impose fees, charges, and rates to offset the costs for municipal services and regulatory programs pursuant to its policy powers under California Constitution Article XI section 7; and
WHEREAS, the City Council has, over the years, adopted various fees and charges for City services. These fees are generally incorporated into a fee schedule, which the City Council updates annually (“Fee Schedule”); and
WHEREAS, the Government Code of the State of California, Section 66018 requires local agencies to notice and hold at least one open and public meeting prior to levying a new fee or increasing an existing fee; and
WHEREAS, the City Council of the City of Capitola has held duly noticed public hearings on November 7 and November 14, 2024, to consider amending existing fees charged for various City services. At both public hearings, the public was provided an opportunity to offer public comment; and
WHEREAS, it is the general policy of the City to charge for the full costs of services provided by City Staff when such services benefit individual users rather than the entire community as a whole; and
WHEREAS, non-profit organizations provide a valuable service to the community by organizing events and programs that serve the City’s residents and that attract visitors to the City; WHEREAS, to best achieve the City’s cost recovery goals and decrease pressure on the general fund, the City Council deems it advisable and consistent with the best interests of the public to adopt and update certain fees, as indicated on the Fee Schedule; and WHEREAS, because non-profit organizations provide wide-ranging benefits to the City, use of funds from the City’s General Fund; and
WHEREAS, the City has retained a consultant to complete a comprehensive fee study also presented to City Council on November 7 and November 14, 2024; and WHEREAS, the fee study examined the costs to the City of providing certain services; in addition, City staff researched and analyzed the cost of services provided by the City and determined the appropriateness of these adjusted rates relative to the cost of providing services.

The proposed fees on the Fee Schedule are based on information in the fee study and staff’s determinations; and
WHEREAS, the proposed adjusted rates do not exceed the reasonable cost of providing these services; and
WHEREAS, this proposed Fee Schedule sets forth the City’s cost recovery fee programs, which includes minimum deposits against which staff costs, adjusted for overhead, are assessed; and
WHEREAS, all flat fees, with the exception of those established by law, may be adjusted annually by the Consumer Price Index (CPI) for the San Francisco, Oakland, San Jose area; and 5 Item 5 A.
4894-0926-8984 v2
WHEREAS, the City will analyze the fee schedule on a yearly basis to ensure hour estimates and staff costs are reasonable; and
WHEREAS, the City has made available to the public the required data pursuant to Government Code Section 66018 for at least ten days prior to adoption of a revised fee schedule.

NOW, THEREFORE, BE IT RESOLVED that:

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council of the City of Capitola does hereby adopt the City of Capitola Fee Schedule, attached hereto as Exhibit A, to become effective on Dec. 1, 2024, or as otherwise required by statute.

3. Commencing on July 1, 2024 and on July 1 of each fiscal year thereafter, the proposed fees as shown on the attached Fee Schedule may be administratively reviewed and increased annually based on any changes in City hourly rates. The proposed changes must be approved by the City Council.

4. This City Council finds that this action is not subject to the California Environmental Quality Act (“CEQA”), as the adoption of a revised fee schedule is not a project within the meaning of CEQA Guidelines 15378 and 15061(b)(3). Also, pursuant to CEQA Guidelines 15378(b)(4), the creation of government funding mechanisms that do not involve any commitment to any specific project that may cause significant effect on the environment is not defined as “project” under CEQA.

I HEREBY CERTIFY that the above and foregoing Resolution was passed and adopted by the City Council of the City of Capitola at its regular meeting held on the 14th day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
Kristen Brown, Mayor
ATTEST:
_______________________
Julia Gautho, City Clerk
6 Item 5 A.
1 Gautho, Julia
From: John <[email protected]>
Sent: Friday, November 8, 2024 4:48 PM
To: City Council; Gautho, Julia
Subject: Regarding the Agenda
Follow Up Flag: Follow up
Flag Status: Flagged
As far as the fee schedule, with the clear mandate from voters in Capitola for change from the incumbents, even not wanƟng our Mayor at the supervisor level, and the almost certainty Alexander will not be reelected in 2026 with the candidates already running, should we not wait unƟl January for important budget choices like this? Warmly JM
7 Item 5 A.

City of Capitola
City Council Meeting Minutes
Thursday, October 24, 2024 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Kristen Brown
Vice Mayor: Yvette Brooks
Council Members: Joe Clarke, Margaux Morgan, Alexander Pedersen Closed Session – 5:15 PM
i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov’t Code § 54956.8) Property: Esplanade Park (APN 035-26-209)
City Negotiator: Jamie Goldstein, City Manager
Under Negotiation: Lease of Real Property
Regular Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:03 PM. In attendance: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, and Mayor Brown.

2. Additions and Deletions to the Agenda – None

3. Presentations
A. Community Service and Recreation Director Bryant introduced Isabella Anne Robinson-Moreira, Mayor Brown presented her with a certificate for winning the "Mayor for a Day" Youth Essay Contest.

B. Dr. Jessica Glantz Kiernan, Soquel Unified Elementary School District, provided a presentation on the Public Art Tile Project at Park Avenue and Washburn Avenue C. Judi Young, Central Coast Community Energy, provided a presentation on 3CE efforts.

4. Report on Closed Session – The City Council discussed one item on the Closed Session Agenda. No reportable action was made.

5. Additional Materials
A. Item 9A – Four emails received after publication of the agenda packet.

B. Item 9B – One email received after publication of the agenda packet.

City Manager Goldstein announced the appointment of Captain Sarah Ryan as the Capitola Police Chief.

6. Oral Communications by Members of the Public
 Chief Deputy Jacob Ainsworth, Santa Cruz County Sheriff’s Office  Goran Klepic
 Marilyn Garrett

7. Staff / City Council Comments
8 Item 8 A.

City Council Meeting Minutes – October 24, 2024
City of Capitola Page 2
 Council Member Clarke reminded the public of the Plein Air Art Competition currently taking place in Capitola.
 Council Member Morgan reminded the public of the changes taking place to Village Parking due to the implementation of Daylighting Law.
 Vice Mayor Brooks provided a brief report on her attendance at the League of California Cities Annual conference and advised that she had been appointed as a representative for the Monterey Bay Region to the League of California Policy Board.  Mayor Brown reminded the public of the Halloween Parade on Sunday, October 27th and provided a brief update on a recent career day visit to an elementary school.

8. Consent Items
A. City Council Meeting Minutes
Recommended Action: Approve minutes from the regular meeting on October 10, 2024.

B. City Check Registers
Recommended Action: Approve check registers dated September 27, 2024, and October 4, 2024.

C. ABC-OTS Grant Program Award
Recommended Action: Adopt a resolution accepting a State of California Department of Alcoholic Beverage Control (ABC) Grant in the amount of $27,200 and authorize amending the FY 2024-25 general fund operating budget to increase revenues and expenditures by $27,200. (Resolution No. 4399)
D. Corrected Resolution for the Coastal Commission Recommended Modifications to Capitola Zoning Code: Monarch Cove Inn
Recommended Action: Adopt a resolution rescinding and replacing Resolution No. 4394, accepting the California Coastal Commission modifications to amendments to the City of Capitola’s Local Coastal Program amendments to the Local Coastal Program Land Use Plan Map (General Plan Map), Municipal Code Chapter 17.28 Visitor Serving Overlay Zones and Zoning Map, and removal of Municipal Code Chapter 17.30 Visitor Serving District - Monarch Cove Inn with corrected Exhibit A. (Resolution No. 4400) Motion to approve the Consent Calendar: Council Member Morgan Second: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, Mayor Brown

9. General Government / Public Hearings
B. 2024 Zoning Code Updates First Reading
Recommended Action: 1) Introduce for first reading, by title only, waiving further reading of the text, an ordinance amending Capitola Municipal Code Title 17: Zoning, Chapter 18.03: Density Bonus, and the Zoning Map (collectively, the “Zoning Code Amendments”), as well as amending Chapter 9.61: Marijuana Sales, Processing and Cultivation; and 2) adopt a resolution authorizing submittal of the Zoning Code Amendments to the California Coastal Commission for the certification of an amendment to the Local Coastal Program.

Project Description: Application #24-0026 for Amendments to Capitola Municipal Code Title 17:

Zoning, Chapter 18.03: Density Bonus, and the Zoning Map, collectively known as the “Zoning Code Amendments,” as well as a conforming amendment to Chapter 9.61, Marijuana Sales, Processing and Cultivation. The proposed Zoning Code amendments will impact the development standards and regulations for properties Citywide. The Zoning Code and Zoning Map are part of the City’s Local Coastal Program (LCP), and amendments require certification by the California Coastal Commission before taking effect in the Coastal Zone. The amendments 9 Item 8 A.

City Council Meeting Minutes – October 24, 2024
City of Capitola Page 3
to Chapter 9.61 are conforming changes that implement the Zoning Code Amendments allowing for retail cannabis in the C-C zone when fronting 41st Avenue. The proposed Zoning Code Amendments are exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3).

Community Development Director Herlihy and Consultant Ben Noble presented the staff report.

Public Comments:
 Peter Wilk
 Marilyn Garrett
 Terri Thomas
The City Council thanked the Planning Commission and staff for their work on this item and shared comments about the current housing crisis and loss of local control.

Motion to introduce an ordinance amending Title 17, Chapter 18.03, and amending Chapter 9.61 and adopt a resolution (Resolution No. 4401) authorizing submittal of the amendments to the CCC: Vice Mayor Brooks
Second: Mayor Brown
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, Mayor Brown
A. Public Art Project
Recommended Action: Approve the Monterey Avenue Railing Public Art Project and authorize the City Manager to execute a Professional Services Agreement with artist Bruce Harman in the amount of $50,000 for the Project.

Community Service and Recreation Director Bryant presented the staff report.

Public Comments:
 Peter Wilk
 Molly Ording
 Carin Hanna
 Roy Johnson
The City Council thanked the Art and Cultural Commission and the artist for their work on this project and discussed the scope of the project. The City Council directed staff to begin the project by implementing elements (birds), return to the Art and Cultural Commission for further public outreach, and change the items installed on the railing for the public art project based on the public feedback.

Motion to approve the Public Art Project (with a change to the scope of work and project timing as directed to staff) and authorize the City Manager to execute an agreement: Vice Mayor Brooks
Second: Council Member Pedersen
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, Mayor Brown
C. Coastal Flooding Resource Guide
Recommended Action: Receive a report from the Police Department regarding winter weather planning and a coastal flood resource guide.

Police Chief Dally presented the staff report.

Public Comments: None
10 Item 8 A.

City Council Meeting Minutes – October 24, 2024
City of Capitola Page 4
The City Council discussed how communication strategies can be improved during an emergency event.

10. Adjournment - The meeting adjourned at 8:34 PM. The next scheduled City Council meeting is on November 7, 2024, at 6:00 PM.
____________________________
ATTEST: Kristen Brown, Mayor
____________________________
Julia Gautho, City Clerk
11 Item 8 A.

City of Capitola
City Council Workshop Minutes
Thursday, November 07, 2024 – 6:00 PM
City Council Chambers
420 Capitola Avenue, Capitola, CA 95010
Mayor: Kristen Brown
Vice Mayor: Yvette Brooks
Council Members: Joe Clarke, Margaux Morgan, Alexander Pedersen Special Meeting of the Capitola City Council – 6 PM

1. Roll Call and Pledge of Allegiance – The meeting was called to order at 6:00 PM. In attendance: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, and Mayor Brown.

2. Additions and Deletions to the Agenda – None

3. Additional Materials
A. Item 6A – Two emails received after publication of the agenda packet.

4. Oral Communications by Members of the Public
 Caroline Hoagland
 Goran Klepic

5. Staff / City Council Comments
 City Manager Goldstein thanked the City Council and the community for their support of Capitola’s Measure Y.
 Council Member Pedersen thanked the community for their support of Capitola’s Measure Y.

6. General Government / Public Hearings
A. 2024 Special Event Report
Recommended Action: Receive a report highlighting special events held in the City in 2024; provide feedback, specific changes, or direction for recurring Special Event Permits; and approve recurring minor and general special events for 2025.

Police Captain Ryan presented the staff report.

Public Comment: None
The City Council requested that staff work with VDublicious to inquire about incorporating future events into the Capitola Public Safety & Community Foundation’s Car Show to reduce major special events within the City. The City Council also discussed community concerns about the Monte Fireworks Show and requested that any future application come back to the City Council for further review.

Motion that the Monte Fireworks Extravaganza Special Event Permit Application return to the City Council for review: Vice Mayor Brooks
Second: Council Member Morgan
12 Item 8 A.

City Council Workshop Minutes – November 07, 2024
City of Capitola Page 2
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, Mayor Brown
Motion to approve the recurring minor and general special events for 2025 (with the exception of the Monte Fireworks Extravaganza): Vice Mayor Brooks Second: Council Member Clarke
Voting Yea: Council Members Clarke, Morgan, Pedersen, Vice Mayor Brooks, Mayor Brown
B. Comprehensive User Fee Study
Recommended Action: Receive a report on the Comprehensive User Fee Study conducted by Willdan Financial Services; provide direction to staff on the updates to the City of Capitola FY 2024-25 Fee Schedule, with adoption of the fee schedule scheduled for November 14, 2024.

Finance Director Malberg presented the staff report.

Public Comment: None
The City Council expressed concern about the addition of another Major Special Event with the approval of the Rapid Wedding Event. The City Council also expressed a desire to bolster Public Works and Public Safety staffing for events.

7. Adjournment – The meeting adjourned at 7:00 PM. The next regularly scheduled City Council meeting is on November 14, 2024, at 6:00 PM.
____________________________
ATTEST: Kristen Brown, Mayor
____________________________
Julia Gautho, City Clerk
13 Item 8 A.

Capitola City Council
Agenda Report
Meeting: November 14, 2024
From: Finance Department
Subject: City Check Registers
Recommended Action: Approve check registers dated October 11, 2024, and October 18, 2024.

Account: City Main
Date Starting Check # Ending Check # Payment
Count Amount
10/11/2024 107416 107494 85 $ 285,196.30
10/18/2024 107495 107553 59 $ 135,501.28
The main account check register dated October 4, 2024, ended with check #107415.

Account: Payroll
Date Starting
Check/EFT #
Ending
Check/EFT #
Payment
Count Amount
10/11/2024 - - - -
10/18/2024 26459 26573 115 $ 210,779.63
The payroll account check register dated October 4, 2024, ended with EFT #26458.

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

Check/
EFT Issued to Dept Description Amount
107422 Ben Noble CDD Housing Element
Implementation Services $ 12,045.00
107439 Dell Marketing LP CM Office 365 Software Licenses Renewal $ 22,002.80
107450 Geoffrey Nelsonart CM Begonia Sculpture Deposit $ 10,000.00 107456 Hope Rehabilitation
Services PW Litter Abatement Services $ 19,807.50
107476 Santa Cruz County Auditor
– Controller Fin September Citation Processing $ 11,399.50 1804 CalPERS Member
Services Division CM PERS Contributions PPE 9/28/24 $ 67,970.00 1805 Employment Development
Department CM State Taxes PPE 9/28/24 $ 13,370.90
1806 Internal Revenue Service CM Federal Taxes & Medicare PPE 9/28/24 $ 43,127.62
107514 CSW Struber Stroeh
Engineering Group PW Cliff Drive Resiliency Project Services $ 25,471.60 14 Item 8 B.
107535 Pacific Gas & Electric PW October Monthly Utilities $ 13,183.92 107537 Santa Cruz County Animal
Shelter CM Quarterly Animal Services Contribution $ 39,747.90 Attachments:

1. 10-11-24 Check Register

2. 10-18-24 Check Register
Report Prepared By: Luis Ruiz, Accountant I
Reviewed By: Julia Gautho, City Clerk and Jim Malberg, Finance Director Approved By: Jamie Goldstein, City Manager
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Capitola City Council
Agenda Report
Meeting: November 14, 2024
From: Community Development Department
Subject: 2024 Zoning Code Updates
Recommended Action: Adopt an ordinance amending Capitola Municipal Code Title 17: Zoning, Chapter

18.03: Density Bonus, and the Zoning Map (collectively, the “Zoning Code Amendments”), as well as amending Chapter 9.61: Marijuana Sales, Processing and Cultivation.

Project Description: Application #24-0026 for Amendments to Capitola Municipal Code Title 17: Zoning, Chapter 18.03: Density Bonus, and the Zoning Map, collectively known as the “Zoning Code Amendments,” as well as a conforming amendment to Chapter 9.61, Marijuana Sales, Processing and Cultivation. The proposed Zoning Code amendments will impact the development standards and regulations for properties Citywide. The Zoning Code and Zoning Map are part of the City’s Local Coastal Program (LCP), and amendments require certification by the California Coastal Commission before taking effect in the Coastal Zone. The amendments to Chapter 9.61 are conforming changes that implement the Zoning Code Amendments allowing for retail cannabis in the C-C zone when fronting 41st Avenue. The proposed Zoning Code Amendments are exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3).

Background: On October 24, 2024, the City Council unanimously approved the introduction of the ordinance amending Capitola Municipal Code Title 17: Zoning, Chapter 18.03: Density Bonus, and the Zoning Map (collectively, the “Zoning Code Amendments”), as well as amending Chapter 9.61: Marijuana Sales, Processing and Cultivation.

On August 22, 2024, the City Council adopted amendments to the 2023-2031 Housing Element of the General Plan. On August 30, 2024, the California Department of Housing and Community Development (HCD) certified the 2023-2031 Housing Element. The Housing Element establishes goals and policies for housing production in Capitola as required by state law. The Housing Element also contains programs with required City actions to implement Housing Element policies. The City must complete these actions by the dates specified for each program. Many Housing Element programs require amendments to the Capitola Zoning Code (Municipal Code Title 17) by the end of 2024 and 2025.

The Planning Commission discussed Zoning Code Amendments to implement the Housing Element at nine meetings over the past eight months. Table 1 shows the topics discussed at each meeting. At these meetings, the Planning Commission also discussed Zoning Code Amendments to address needed Zoning Code updates since the Zoning Code was last updated, but which are not required by Housing Element programs. On September 19 and October 3, 2024, the Planning Commission held a public hearing to consider the Zoning Code Amendments, take public comment, and voted to recommend that the City Council adopt the proposed Zoning Code Amendments (Planning Commission Resolutions 2024-02 and 2024-03).

Table 1: Planning Commission Meetings
Meeting Date Primary Discussion Topics
February 1, 2024 Incentives for Community Benefits; Second Story Decks; Second Story Windows; Building Massing; Capitola Character
February 15, 2024 Missing Middle Housing; Alternative Housing Types; Parking; Lot Consolidation; Building Massing
May 2, 2024 Residential Multifamily (RM Zone) Density and Development Standards; Housing on Religious Facilities Sites; Design Permit Process June 6, 2024 RM Zone Density and Standards
36 Item 8 C.

July 23, 2024 Design Review; Lot Consolidation; Replacement Housing; Parking; Special Needs Housing
August 15, 2024 Multifamily Residential (RM) Zoning Districts; Housing on Religious Sites; Retail Cannabis; Office Uses in C Zones; “Good Standing” Provision.

September 5, 2024
Density Bonus; Office Uses in Commercial Zones; Second Story Decks and Balconies; Large Residential Care Facilities; Planned Development Zones; Historic Character – Design Permit Criteria
September 19, 2024
Public Hearing on All Amendments – Recommendation on all amendments except Design Permit process and Updated Density Bonus.

Continued to October 3, 2024
October 3, 2024 Public Hearing on All Amendments
The proposed Zoning Code amendments do not include changes to standards for the Capitola Mall site or the Residential Multifamily zoning district. The City will complete these amendments in 2025, consistent with Housing Element Programs 1.7 and 1.6.

Discussion: Attachment 1 contains an ordinance comprising the Zoning Code Amendments. Attachment 2 contains a summary table identifying the amendments and their associated Housing Element program, and/or consistency with the General Plan. Noteworthy amendments include the following:
 Corner Duplexes: Allows duplex homes allowed on corner parcels in the R-1 Zone. (Implementing HE Program 1.6)
 Lot Consolidation: Increases height and floor area ratio (FAR) for housing development projects that consolidate adjacent Housing Element opportunity sites. (Implementing HE Program 1.1)  Parking: Reduces parking required for multifamily dwellings, single-family homes, group housing, residential care facilities, transitional housing, and senior housing. (Implementing HE Program

1.6)
 Housing on Education and Religious Sites: Allows affordable housing projects on land owned by religious institutions. (Implementing HE Program 1.8)  Replacement Housing: Language requiring no net loss of housing units and replacement of affordable units (Implementing HE Program 1.1)
 Density Bonus: Establishes density bonus procedures consistent with recent updates to state law. (Implementing HE Programs 1.6, 2.5, 3.6)
 Daycares: Allows daycares with a Minor Use Permit in commercial zones. (Implementing HE Program 3.6)
 Retail Cannabis: Allows retail cannabis in the C-C zones when fronting 41st Avenue. (Consistent with General Plan Policies LU-1.5 (Inclusiveness), LU-1.7 (Economic Viability), LU-3.1 (Land Use Diversity) and LU-9.4 (Retail Protection along the 41st Avenue Corridor), and consistent with the Community Commercial land use designation, which provides for an area for commercial uses primarily serving Capitola residents. Permitted land uses include general retail, personal services, restaurants, offices, and multi-family housing as part of a mixed-use project)  Office in Commercial Zones: Expands allowed location for ground floor office uses in the C-R and C-C zones. (Consistent General Plan Policies LU-1.6 (Balanced Community), LU-1.7 (Economic Viability), and LU-3.1 (Land Use Diversity), and consistent with the Regional Commercial and Community Commercial land use designations, which allow for office uses) The proposed amendments also eliminate the Affordable Housing Overlay Zone in the Zoning Code and Zoning Map, as called for by Housing Element Programs 1.1 and 1.6. The Affordable Housing Overlay Zone is obsolete, given that density incentives are now available under state density bonus law.

The California Housing Defense Fund (CalHDF) submitted a comment letter related to legislation on accessory dwelling units (ADU) on the day of the October 24th City Council meeting. Staff and legal reviewed the letter and identified one necessary update to the ADU standards, which will be required in 2025. Staff plans to incorporate the ADU amendment in the 2025 zoning code updates. 37 Item 8 C.

California Coastal Commission Certification: The Zoning Code is part of Capitola’s Local Coastal Program (LCP), and as such, Zoning Code amendments must be certified by the Coastal Commission before they become effective in the coastal zone. When adopting LCP amendments, the Coastal Commission requires cities to consider consistency with the LCP Land Use Plan and potential impacts on public access to the coast. This required analysis is provided in Attachment 3.

Environmental Determination: The proposed Municipal Code amendments are exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The amendment to Chapter 9.61 not part of the Zoning Code, is a conforming amendment to be consistent with the proposed Zoning Code amendments, and does not authorize any new land uses or expansions of existing uses.

Further, the Municipal Code amendments were considered within the General Plan EIR and the Addendum to the General Plan EIR for the Housing Element, adopted August 22, 2024. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of the previous EIR or its Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Ordinance and Zoning Map amendments do not create any additional environmental impacts. (b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The General Plan EIR Update Addendum was adopted in August 2024, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project.
(c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or its Addendum was adopted as complete, has been submitted to the City.

The proposed Zoning Code Amendments are also exempt from CEQA pursuant to CEQA Guidelines Section 15183, as they are consistent with and implement the densities established in the General Plan as analyzed in the General Plan EIR, as well as Housing Element programs that were analyzed in the Addendum to the General Plan EIR. These amendments do not increase development potential beyond levels analyzed in the EIR and the Addendum. The amendments make changes to the Zoning Code to comply with state housing laws and bring the Zoning Code into compliance with state requirements that already apply to proposed development. The Zoning Code Amendments do not involve any peculiar environmental effects or effects, including cumulative impacts, that were not analyzed as significant effects in the General Plan EIR and its Addendum, and no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or its Addendum was adopted as complete, has been submitted to the City.

Fiscal Impact: No fiscal impacts.

Attachments:

1. Draft Ordinance
 Exhibit A: Proposed Zoning Code Amendments
 Exhibit B: Proposed Zoning Map Amendment
 Exhibit C: Proposed Chapter 18.03 Amendments

2. Zoning Code Amendments Summary Table

3. LCP Consistency Analysis
38 Item 8 C.

Report Prepared By: Ben Noble, Consultant, Sean Sesanto, Associate Planner Reviewed By: Julia Gautho, City Clerk; Samantha Zutler, City Attorney; Katie Herlihy, Community Development Director
Approved By: Jamie Goldstein, City Manager
39 Item 8 C.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPITOLA AMENDING CAPITOLA MUNICIPAL CODE TITLE 17 (ZONING), CHAPTER 18.03 (DENSITY BONUS), AND THE ZONING MAP TO IMPLEMENT THE 2023-2031 GENERAL PLAN

HOUSING ELEMENT AND MAKE OTHER NECESSARY UPDATES, AS WELL AS AMENDING CHAPTER 9.61 (MARIJUANA SALES, PROCESSING, AND

CULTIVATION)
WHEREAS, on August 22, 2024, the City Council adopted amendments to the 2023-2031 Housing Element of the General Plan (Housing Element) and an Addendum to the General Plan Update Final Environmental Impact Report; WHEREAS, on August 30, 2024, the California Department of Housing and Community Development (HCD) certified the Housing Element; WHEREAS, while the City is not required to process any rezonings as part of its obligations under the Housing Element, the Housing Element requires the City to amend Municipal Code Title 17 (Zoning Code) and Chapter 18.03 (Density Bonus) to implement Housing Element goals and policies within Housing Element program-established timelines;
WHEREAS, recent state law updates and staff’s review of the Municipal Code require further amendments to the Code to ensure consistency with state law and the prevention of any inconsistencies;
WHEREAS, City staff prepared draft amendments to Municipal Code Title 17, Chapter 18.03, and the Zoning Map (collectively, the Zoning Code Amendments) to implement the Housing Element and address additional issues and policy goals that have arisen since the Zoning Code was last updated;
WHEREAS, the Zoning Code Amendments also remove the now-obsolete Affordable Housing Overlay Zone from the Zoning Code and Zoning Map, consistent with Housing Element Programs 1.1 and 1.6 and given that density incentives are now widely available under state density bonus law as well as the Zoning Code Amendments to Municipal Code Chapter 18.03;
WHEREAS, the Planning Commission held work sessions on February 1, February 16, May 2, June 6, July 23, August 15, and September 5, 2024 to consider the draft Zoning Code Amendments, receive public comment, and provide feedback to City staff;
WHEREAS, the City mailed notice of the Zoning Code amendments’ availability for public review, and made the public review draft available on August, 6, 2024, in compliance with California Coastal Act public participation requirements; WHEREAS, a conforming amendment is required for Municipal Code Section

9.61.010(I) (not part of the Zoning Code) to be consistent with the Zoning Code Amendments pertaining to retail cannabis; and
40 Item 8 C.

WHEREAS, the Planning commission considered the Zoning Code Amendments at a duly noticed public hearing on September 19, 2024, and October 3, 2024. After taking public comment and closing the public hearing, the Planning Commission voted to adopt Resolution Nos. 2024-02 and 2024-03, recommending the City Council find the Zoning Code Amendments exempt from CEQA and adopt the Zoning Code Amendments.

NOW, HEREBY BE IT ORDAINED by the City of Capitola as follows:

Section 1: The above findings are adopted and incorporated herein. The City Council makes the following additional findings:

1. The Zoning Code Amendments are consistent with and help implement the goals, objectives and policies of the General Plan, including the Housing Element, including as follows:
• Corner Duplexes: Allows duplex homes allowed on corner parcels in the R1 Zone. (Implementing Housing Element Program 1.6) • Lot Consolidation: Increases height and floor area ratio (FAR) for housing development projects that consolidate adjacent Housing Element opportunity sites. (Implementing Housing Element Program 1.1) • Parking: Reduces parking required for multifamily dwellings, single-family homes, group housing, residential care facilities, transitional housing, and senior housing. (Implementing Housing Element Program 1.6) • Housing on Education and Religious Sites: Allows affordable housing projects on land owned by religious institutions. (Implementing Housing Element Program 1.8)
• Replacement Housing: Language requiring no net loss of housing units and replacement of affordable units (Implementing Housing Element Program

1.1)
• Density Bonus: Establishes density bonus procedures consistent with recent updates to state law. (Implementing Housing Element Programs 1.6, 2.5,

3.6)
• Daycares: Allows daycares with a Minor Use Permit in commercial zones. (Implementing Housing Element Program 3.6)
• Retail Cannabis: Allows retail cannabis in the C-C zones when fronting 41st Avenue. (Consistent with General Plan Policies LU-1.5 (Inclusiveness), LU1.7 (Economic Viability), LU-3.1 (Land Use Diversity) and LU-9.4 (Retail Protection along the 41st Avenue Corridor), and consistent with the Community Commercial land use designation, which provides for an area for commercial uses primarily serving Capitola residents. Permitted land uses include general retail, personal services, restaurants, offices, and multifamily housing as part of a mixed-use project) 41 Item 8 C.
• Office in Commercial Zones: Expands allowed location for ground floor office uses in the C-R and C-C zones. (Consistent General Plan Policies LU-1.6 (Balanced Community), LU-1.7 (Economic Viability), and LU-3.1 (Land Use Diversity), and consistent with the Regional Commercial and Community Commercial land use designations, which allow for office uses);

2. The Zoning Code Amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City;

3. The Zoning Code Amendments are internally consistent with other applicable provisions of the Zoning Code; and

4. The Zoning Map amendment sites are physically suitable in terms of design, location, shape, size, and other characteristics to ensure that the permitted land uses and development will comply with the Zoning Code and General Plan and contribute to the health, safety, and welfare of the property, surrounding properties, and the community at large.

Section 2: Title 17 (Zoning) and Chapter 18.03 of the Capitola Municipal Code are amended as set forth in Attachments 1 and 3, attached hereto and incorporated herein by this reference.

Section 3: The official Zoning Map of the City of Capitola is amended as set forth in Attachment 2, attached hereto and incorporated herein by this reference.

Section 4: Section 9.61.010(I) of the Capitola Municipal Code is amended as follows (additions shown in underline, deletions shown in strikeout):

9.61.010 Findings
I. The City regulates commercial cannabis activities, requiring consistency with Chapter 5.36 of this code, Retail Cannabis Licenses, a licensing structure of cannabis retail businesses, and Chapter 17.24 of this code, Commercial and Industrial Zoning Districts, Section 17.24.020, authorizing retail cannabis sales in specified locations.

On December 13, 2018, Ordinance 1021 became effective, adding Chapter 5.36 of this code, Retail Cannabis Licenses, establishing a licensing structure for cannabis retail businesses, and amending Chapter 17.24 of this code, Commercial and Industrial Zoning Districts, Section 17.24.020, to authorize retail cannabis sales in the CR (Regional Commercial) zoning district.

Section 5: Environmental Review.

The City Council finds and determines that adoption of this Ordinance is exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3), which provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

The Ordinance is also exempt from CEQA pursuant to CEQA Guidelines Section 15183 – the Community Plan exemption. The proposed Zoning Code Amendments are 42 Item 8 C.
consistent with and implement the densities established in the General Plan as analyzed in the General Plan EIR, as well as Housing Element programs that were analyzed in the Addendum to the General Plan EIR. These amendments do not increase development potential beyond levels analyzed in the EIR and the Addendum. The amendments make changes to the Zoning Code to comply with state housing laws and bring the Zoning Code into compliance with state requirements that already apply to proposed development. The Zoning Code Amendments do not involve any peculiar environmental effects or effects, including cumulative impacts, that were not analyzed as significant effects in the General Plan EIR and its Addendum. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or its Addendum was adopted as complete, has been submitted to the City.

The City Council further finds that the action to adopt this Ordinance was considered within the General Plan EIR and the Addendum to the General Plan EIR for the Housing Element, adopted August 22, 2024. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):
(a) No substantial changes are proposed in the project which will require major revisions of the previous EIR or its Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Zoning Code and Zoning Map amendments do not create any additional environmental impacts;
(b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The General Plan EIR Update Addendum was adopted in August 2024, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project; and
(c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or its Addendum was adopted as complete, has been submitted to the City.

Section 6: Effective Date.

This Ordinance shall be in full force and effect thirty (30) days from its adoption except that it will not take effect within the coastal zone until certified by the California Coastal Commission. U p o n i t s a d o p t i o n b y t h e C i t y C o u n c i l , the Community Development Director shall cause this Ordinance to be transmitted to the California Coastal Commission. This Ordinance shall take effect in the coastal zone immediately upon certification by the California Coastal Commission or upon the concurrence of the Commission with a determination by the Coastal Commission Executive Director that the Ordinance adopted by the City is legally adequate.
43 Item 8 C.

Section 7: Severability.

The City Council hereby declares every section, paragraph, sentence, cause, and phrase of this Ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this Ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.

Section 8: Certification.

The City Clerk shall cause this Ordinance to be posted and/or published in the manner required by law.

This Ordinance was introduced at the meeting of the City Council on the 24th day of October, 2024, and was adopted at a regular meeting of the City Council on the __ day of __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Kristin Brown, Mayor
Attest:

Julia Gautho, City Clerk
44 Item 8 C.

Capitola Municipal Code
Chapter 17.12 ZONING DISTRICTS AND MAP

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

Chapter 17.12

ZONING DISTRICTS AND MAP
Sections:

17.12.010 Purpose.

17.12.020 Zoning districts.

17.12.030 Zoning map.

17.12.010 Purpose.

This chapter identifies the zoning districts that apply to land within the Capitola city limits and establishes the official Capitola zoning map. (Ord. 1043 § 2 (Att. 2), 2020)

17.12.020 Zoning districts.

A. Base Zoning Districts. Capitola is divided into zoning districts that implement the general plan land use map as shown in Table 17.12-1. Within the coastal zone, the general plan land use map is the certified coastal land use plan map.

Table 17.12-1: Base Zoning Districts
Zoning District
Symbol Name of Zoning District General Plan Land Use Designation Residential Zoning Districts
R-1 Residential Single-Family Single-Family Residential (R-SF) RM-L Residential Multifamily, Low Density
RM-M Residential Multifamily, Medium Density Multifamily Residential (R-MF) RM-H Residential Multifamily, High Density
MH Mobile Home Park Mobile Home Park (MH)
Mixed Use Zoning Districts
MU-V Mixed Use, Village Village Mixed-Use (MU-V)
MU-N Mixed Use, Neighborhood Neighborhood Mixed-Use (MU-N) Commercial and Industrial Zoning Districts
C-C Commercial, Community Community Commercial (C-C)
C-R Commercial, Regional Regional Commercial (C-R)
I Industrial Industrial (I)
Other Zoning Districts
CF Community Facility Public/Quasi-Public Facility (P/QP) P/OS Parks and Open Space Parks and Open Space (P/OS)
PD Planned Development N/A
B. Overlay Zones. The zoning code and zoning map include the overlay zones shown in Table 17.12-2. Overlay zones impose additional regulations on properties beyond what is required by the underlying base zoning district.

45 Item 8 C.

Capitola Municipal Code
Chapter 17.12 ZONING DISTRICTS AND MAP

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

Table 17.12-2: Overlay Zones
Overlay Zone
Symbol Name of Overlay Zone
-AH Affordable Housing
-VRU Vacation Rental Use
-VR Village Residential
-VS Visitor Serving
-CZ Coastal Zone
(Ord. 1043 § 2 (Att. 2), 2020)

17.12.030 Zoning map.

A. Adoption. The city council hereby adopts the Capitola zoning map (“zoning map”), which establishes the boundaries of all base zoning districts and overlay zones provided for in the zoning map.

B. Incorporation by Reference. The zoning map, including all legends, symbols, notations, references, and other information shown on the map, is incorporated by reference and made a part of the zoning code.

C. Location. The zoning map is kept, maintained, and updated electronically by the community development department, and is available for viewing by the public at the department. (Ord. 1043 § 2 (Att. 2), 2020) 46 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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

Chapter 17.16

RESIDENTIAL ZONING DISTRICTS
Sections:

17.16.010 Purpose of the residential zoning districts.

17.16.020 Land use regulations.

17.16.030 Development standards.

17.16.010 Purpose of the residential zoning districts.

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

B. Specific.

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

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

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

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

3. Mobile Home Park (MH) Zoning District. The MH zone provides areas for exclusive development of mobile home parks. Mobile home parks provide a valuable source of affordable housing serving Capitola’s lowerincome and senior residents. (Ord. 1043 § 2 (Att. 2), 2020)

17.16.020 Land use regulations.

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

Table 17.16-1: Permitted Land Uses in the Residential Zoning Districts Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses [5]
Cohousing P P P
47 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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

Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Duplex Homes P [4]– P –
Elderly and Long-Term Care – C –
Group Housing – P –
Mobile Home Parks – C P [1] Chapter 17.100
Multifamily Dwellings – P –
Residential Care Facilities, Small P P C [2]
Residential Care Facilities, Large C PC C [2] Section 17.96.080 Accessory Dwelling Units –A A – Chapter 17.74
Single-Family Dwellings P P C [2]
Public and Quasi-Public Uses
Community Assembly C C C
Day Care Centers C C C
Home Day Care P P P
Parks and Recreational Facilities – C C
Public Pathways and Coastal Accessways C C C
Schools, Public or Private – C C
Commercial Uses
Bed and Breakfast C C –
Vacation Rentals See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C C
Utilities, Minor P P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures P [3] P [3] P [3] Chapter 17.52 Home Occupation PA PA PA Section 17.96.040
Temporary Uses and Structures M M – Section 17.96.180
Urban Agriculture
48 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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

Key Zoning District
P Permitted Use
R-1 RM MH Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Home Gardens P P P
Community Gardens M M M
Urban Farms C C C
Notes:
[1] May include offices incidental and necessary to conduct a mobile home park use. [2] Permitted on the mobile home park parcel or on a separate parcel of no less than five thousand square feet. [3] An accessory structure that exceeds the development standards of Chapter 17.52 requires a conditional use permit. [4] Allowed on corner parcels only.
[5] See Section 17.96.210 (Demolition and Replacement of Dwelling Units) for requirements that apply to new residential uses on sites identified as nonvacant in the General Plan Housing Element inventory of land suitable for residential development.

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

Development in the coastal zone may require a coastal development permit pursuant to Chapter 17.44 (Coastal Overlay Zone) independent of and in addition to any other required permit or approval. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.16.030 Development standards.

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

Table 17.16-2: Development Standards in the R-1 and RM Zoning Districts R-1 RM Additional Standards
Site Requirements
Parcel Area, Minimum [1] 5,000 sq. ft. N/A
Parcel Width, Minimum [1] 30 ft. N/A
Parcel Depth, Minimum [1] 80 ft. N/A
Floor Area Ratio, Maximum See Section 17.16.030(B)(1) N/A Section 17.16.030(B) Section 17.48.040
Building Coverage, Maximum N/A 40%
Open Space N/A Section 17.16.030(C)(2)
Parcel Area per Unit, Minimum N/A RM-L: 4,400 sq. ft.

RM-M: 2,900 sq. ft.

RM-H: 2,200 sq. ft.

49 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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

R-1 RM Additional Standards
Parking and Loading See Chapter 17.76
Structure Requirements
Setbacks, Minimum Sections 17.48.030(B)(2) through
(56)
Front Ground floor: 15 ft.

Garage: 20 ft.

Second story: 20 ft.

Main structure: 15 ft.

Garage: 20 ft.

Section 17.16.030(B)(2)
Section 17.16.030(B)(5) Garage
Setback: Section 17.16.030(B)(4)
Rear 20% of parcel depth; 25 ft.
max.
15% of parcel depth Section 17.16.030(B)(45)
Interior Side Ground floor: 10% of parcel
width [2]
Second story: 15% of parcel
width
10% of parcel width [2] Sections 17.16.030(B)(45) and (56) Street Side, Corner Lots 10 ft. 10 ft. Section 17.16.030(B)(45) Height, Maximum 25 ft. RM-L: 30 ft.

RM-M: 30 ft.

RM-H: 35 ft.

Sections 17.16.030(B)(67) and (8)
Section 17.48.020
Accessory Structures and Detached
Garages
See Chapter 17.52 [3]
Notes:
[1] Parcel area, width, and depth requirements apply only to the creation of new parcels. These requirements do not apply to legally created parcels existing as of June 9, 2021. See Title 16 (Subdivisions) for requirements that apply to lot line adjustments to existing parcels that do not comply with the parcel area, width, and depth requirements in this table. [2] Regardless of parcel width, in no case shall the minimum required interior side ground setback be less than three feet or greater than seven feet.
[3] Chapter 17.52 does not apply to accessory dwelling units, including two-story accessory dwelling units above a detached garage, which are addressed in Chapter 17.74 (Accessory Dwelling Units).

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

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

Table 17.16-3: Maximum Floor Area Ratio in the R-1 Zoning District Lot Size Maximum FAR
2,650 sq. ft. or less 0.58
2,651 to 3,250 sq. ft. 0.57
3,251 to 3,500 sq. ft. 0.56
3,501 to 3,750 sq. ft. 0.55
3,751 to 4,000 sq. ft. 0.54
4,001 to 4,250 sq. ft. 0.53
4,251 to 4,500 sq. ft. 0.52
50 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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

Lot Size Maximum FAR
4,501 to 4,750 sq. ft. 0.51
4,751 to 5,000 sq. ft. 0.50
5,001 to 6,000 sq. ft. 0.49
More than 6,000 sq. ft. 0.48

2. Front Setbacks in Riverview Terrace. Within the areas shown in Figure 17.16-1, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street. The reduced front setback shall in all cases be no less than ten feet. 51 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

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

Figure 17.16-1: Riverview Terrace

3. Wharf Road Reduced Setback. For properties on the east side of Wharf Road from 1820 Wharf Road to 1930 Wharf Road, the planning commission may approve a reduced front setback to reflect existing front setbacks on neighboring properties within one hundred feet on the same side of the street.

4. Garage Setbacks.
a. Attached garages shall be set back a minimum of five feet behind the front or street side building wall of the primary structure. The planning commission may reduce this minimum setback to three feet in sidewalk exempt areas.
52 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. Required setbacks for detached garages are identified in Chapter 17.52 (Accessory Structures and Uses).

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

Figure 17.16-2: Reverse Corner Lot Rear Setback

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

Figure 17.16-3: Second-Story Setback Exception

67. Height Exceptions. A maximum height of up to twenty-seven feet in the R-1 zoning district is allowed in the following circumstances:
53 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Additions to historic structures that are designed to match the roof pitch of the historic structure within the area of new addition.
b. Parcels greater than six thousand square feet in size. c. Parcels with a width sixty feet or more.
d. Parcels with an average slope of twenty-five percent or greater. e. When the plate height of structure does not exceed twenty-two feet.

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

89. Mini-Bar/Convenience Areas.
a. A single-family home may contain one mini-bar/convenience area in addition to a kitchen, subject to the following standards:
i. Fixtures shall be limited to a small refrigerator, a microwave oven, and a small sink with a drain size less than one and one-half inches.
ii. No gas line or two-hundred-twenty-volt electric service is permitted within the area. iii. Only one such area is permitted within a property in addition to the kitchen. iv. The mini-bar/convenience area may be located inside or outside of the home. If located inside the home, internal access to the area shall be maintained within the dwelling. A mini-bar/convenience area is permitted in addition to an outdoor kitchen.
b. The requirements in subsection (B)(9)(a) of this section shall not limit the establishment of an accessory dwelling unit in conformance with Chapter 17.74 of this code (Accessory Dwelling Units). 910. Outdoor Kitchens. On a lot occupied by a single-family home, an outdoor kitchen is permitted in addition to an indoor kitchen. Outdoor kitchens shall comply with the following standards:
a. The kitchen may include gas, electric and plumbing.
b. Electric service may not be two hundred twenty volts. c. Drain size may not exceed that allowed for a mini-bar. d. The kitchen may project into the rear setback area as provided in Table 17.48-3.

54 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. 101. Second-Story Decks and Balconies.
a. An Cumulative upper floor deck area in excess of one hundred fifty square feet is included in the floor area ratio calculation.
b. A second-story deck or balcony may not face an interior side parcel line abutting a lot with a singlefamily dwelling. c. A second-story deck or balcony must comply with the following minimum parcel line setback requirements in Table 17.16-4 and as shown in Figure 17.16-3a:
i. Rear: twenty-five percent of lot depth.
ii. Front: twenty feet.
iii. Interior and street side: ten feet.Table 17.16-4: Second Story Deck and Balcony Setbacks Parcel Line Minimum Setback
Front 15 ft.

Interior Side
Deck areas located within 25 ft.
of front property line 15% of parcel width
All other decks 10 ft.

Street Side 10 ft.

Rear 25% of parcel depth
Figure 17.16-3a: R-1 Second-Story Decks and Balconies
55 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. d. To address neighbor privacy impacts, the Planning Commission may require A permanent privacy screening (e.g., opaque glass, solid materials, vegetation) is required for an upper floor deck or balcony. rear deck along the railing parallel to the interior side property line facing a single-family dwelling e. A second-story deck or balcony facing the rear of the parcel may not project further than 10 six feet from the exterior upper-story building wall to which it is attached. For a second story deck or balcony, including staggered or non-linear building walls, the maximum 10-foot projection is measured from the upper floor rear exterior wall.
f. The area of a second-story deck shall not exceed the habitable second-story floor area of the building to which it is attached. For example, if the second story of a home contains 250 square feet of habitable space, the second story deck area may not exceed 250 square feet. The second story deck must also comply with all applicable setback and dimensional standards. gf. Roof decks are prohibited in the R-1 zoning district. hg. The elevation of a freestanding deck or platform not attached to a building may not exceed thirty-five inches above the adjoining grade.

C. Additional Standards for RM Zoning Districts. The following additional standards apply in the RM zoning district:

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

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

17.16-54 and Figure 17.16-4.

Table 17.16-54: Usable Open Space in RM Zoning District Common Open Space [1]
Minimum area (percent of site
area)
15% [2] [3]
Minimum horizontal dimension 15 ft.

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

Minimum horizontal dimension 4 ft.

Notes:
[1] Common open space shall be fully landscaped and accessible to all residents. [2] See subsection (C)(4) of this section for requirements that apply to rooftop decks used as common open space. [3] The planning commission may allow reduced common open space to a minimum of ten percent for projects less than one acre in size or for projects that provide additional private open space equal to or greater than the amount of reduced common open space. 56 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. [4] Private open space may include screened terraces, decks, balconies, and other similar areas.

Figure 17.16-4: Private Open Space

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

4. Objective Standards for Multifamily Dwellings. New multifamily dwellings in the RM zoning district must comply with Chapter 17.82 of this code (Objective Standards for Multifamily and Mixed-Use Residential Development).

5. Upper-Level Decks and Balconies.
a. For parcels that abut the R-1 zoning district, second-story decks and balconies must comply with the standards in subsection (B)(11) of this section (Second-Story Decks and Balconies) and Section

17.82.080(B)(5) of this code (Neighbor Privacy).
b. Roof decks must comply with the following standards:
i. Roof decks are not permitted on parcels that abut the R-1 zoning district. ii. Roof decks require a design permit.
iii. Roof decks may provide up to fifty percent of the minimum required common open space specified in subsection (C)(2) of this section.
iv. Where permitted, a roof deck must be set back at least five feet from the building wall closest to the property line.
57 Item 8 C.

Capitola Municipal Code
Chapter 17.16 RESIDENTIAL ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. v. Railings to accommodate a roof deck may project forty-two inches above the maximum building height in cases where the roof deck provides open space for residents. vi. Other than as needed to provide for roof access, no permanent structure that has a solid roof and/or is enclosed on two or more sides may be placed on or attached to a roof deck. Fully transparent glass wind barriers are allowed.
vii. Roof decks may not be placed on building features that project above the maximum building height permitted in the zoning district.

D. Standards for the MH Zoning District. Table 17.16-65 identifies development standards that apply in the mobile home park (MH) zoning district.

Table 17.16-65: MH Zoning District Development Standards Additional
Standards
Site Area [1] 5 acres [2]
Residential Density,
Maximum
20 units per acre
Setbacks [3] 17.48.030
Front 15 ft.

Interior
Side
10 ft.

Exterior
Side
10 ft.

Rear 20 ft.

Notes:
[1] Applies to overall mobile home park area, not sites for individual units. [2] For vacant property rezoned to MH, the minimum lot area is five acres. For existing mobile home parks, the minimum parcel size is five acres or the existing parcel size, whichever is less.
[3] Applies only to the perimeter of the mobile home park, not to sites and structures within the interior of the park. 58 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

Chapter 17.20

MIXED USE ZONING DISTRICTS
Sections:

17.20.010 Purpose of the mixed use zoning districts.

17.20.020 Land use regulations.

17.20.030 Development standards – Mixed use village zoning district.

17.20.040 Development standards – Mixed use neighborhood zoning district.

17.20.010 Purpose of the mixed use zoning districts.

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

B. Specific.

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

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

17.20.020 Land use regulations.

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

Table 17.20-1: Permitted Land Uses in the Mixed Use Zoning Districts Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses [7] Section 17.20.020(B), (C) and (E)
Duplex Homes –/P [1] P
59 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

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

17.20.020(D) and (E)
[6]
C
Accessory Dwelling Units A A Chapter 17.74
Single-Family Dwellings –/P [1] P
Public and Quasi-Public Uses
Community Assembly C C
Cultural Institutions C C
Day Care Centers M M
Government Offices P/C [4] M [5]
Home Day Care P P
Medical Offices and Clinics – M [5]
Parks and Recreational Facilities C C
Public Pathways and Coastal Accessways C C
Public Safety Facilities C C
Schools, Public or Private – C
Commercial Uses Section 17.20.020(E)
Alcoholic Beverage Sales C C
Banks and Financial Institutions C P/C [3] [5]
Commercial Entertainment and Recreation C C
Eating and Drinking Places
Bars and Lounges C C
Restaurants and Cafes C C
Take-Out Food and Beverage M M
60 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

Key Zoning District
P Permitted Use
MU-V MU-N Additional Regulations
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Gas and Service Stations – –
Lodging
Bed and Breakfast C C
Hotels and Motels C C
Personal Services P P/C [3] [5]
Professional Offices P/C [4] M [5]
Retail P P/C [3] [5]
Vacation Rental See Section 17.40.030
Transportation, Communication, and Utility Uses
Utilities, Major C C
Utilities, Minor P P
Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses and Structures See Chapter 17.52 Chapter 17.52 Home Occupations PA PA Section 17.96.040
Permanent Outdoor Display (Accessory Use) – C Section 17.96.100 Temporary Uses and Structures See Section 17.96.180
Urban Agriculture
Home Gardens P P
Community Gardens M M
Urban Farms C C
Notes:
[1] Allowed only in the village residential (-VR) overlay zone. Exclusively residential uses are not allowed outside of the -VR overlay zone. [2] Allowed only on the second or third story of a mixed use development outside of the -VR overlay zone. Allowed on any story in the -VR overlay zone.
[3] Larger than three thousand square feet requires a conditional use permit. [4] Second-floor uses permitted by right. Ground-floor uses require a conditional use permit. Prohibited third floor and above. [5] Conditional use permit required for parcels fronting Capitola Road. 61 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. [6] Residential uses are prohibited on the former Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10). [7] See Section 17.96.210 (Replacement Units for Nonvacant Housing Element Sites) for requirements that apply to new residential uses on sites identified as nonvacant in the General Plan Housing Element inventory of land suitable for residential development.

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

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

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

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

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

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

F. Residential Care Facilities. Residential care facilities shall be allowed with the permits required for dwellings of the same type within the applicable zoning district. For example, a residential care facility in a detached singlefamily home requires the same permits and is subject to the same use regulations as a detached single-family home. (Ord. 1057 § 2 (Att. 1), 2022; Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.20.030 Development standards – Mixed use village zoning district.

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

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

Max: 15 ft.

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

Max: 15 ft.

Height, Maximum 27 ft. Section 17.20.030(B) and (C)
62 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

MU-V Additional Standards
Section 17.48.020
Chapter 17.88
Accessory Structures See Chapter 17.52
Note:
[1] Twenty percent of lot depth for residential use on parcel.

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

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

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

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

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

1. Building should be constructed within fifteen feet of the front property line for a minimum of fifty percent of the parcel’s linear street frontage. See Figure 17.20-2. The planning commission may modify or waive this requirement upon finding that:
a. Compliance with the build-to width requirement would render the proposed project infeasible; b. The project incorporates a front-facing courtyard or public seating area; or c. An alternative site design would result in an enhanced pedestrian experience. 63 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

Figure 17.20-2: Build-To Line – MU-V Zoning District

2. Front setback areas shall be pedestrian oriented and contain semi-public amenities such as courtyards or outdoor seating areas.

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

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

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

Figure 17.20-3: Building Orientation

2. Blank Walls. The maximum length of an unarticulated/blank building wall fronting a public street shall be ten feet. See Figure 17.20-4. Building articulation may be provided by:
a. Doors, windows, and other building openings;
b. Building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest;
64 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. c. Varying wall planes, heights or contrasting materials; and d. Awnings, canopies or arcades to reinforce the pedestrian scale and provide shade and cover from the elements.

Figure 17.20-4: Blank Wall Limitations

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

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

Figure 17.20-5: Storefront Width

4. Ground-Floor Building Transparency.
a. The ground-floor street-facing building walls of nonresidential uses shall provide transparent windows or doors with views into the building for a minimum of sixty-five percent of the building frontage located between two and one-half and seven feet above the sidewalk. See Figure 17.20-6. Windows or doors area shall be transparent to allow views into the building.
65 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

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

5. Parking Location and Buffers.
a. Surface parking shall be located to the rear or side of buildings. Surface parking may not be located between a building and a street-facing property line. See Figure 17.20-7. b. Surface parking adjacent to a street-facing property line shall be screened along the public right-of-way with a decorative wall, hedge, trellis, and/or landscaping at least three feet in height or maximum allowed pursuant to line of sight requirements in Section 17.96.050. c. Loading areas shall be located to the side and rear of buildings, and shall be sufficiently screened from the public right-of-way, as determined by the community development director. 66 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

Figure 17.20-7: Parking Location

6. Driveways and Curb Cuts.
a. The maximum width of a new driveway crossing a public sidewalk may not exceed forty percent of the parcel width or twenty feet, whichever is less. The community development director may approve an exception to this standard in the case of shared or joint use of driveways and parking lots or to allow for one on-site parking space of up to 14 feet in width.
b. New curb cuts, where allowed, shall be located and designed to maximize safety and convenience for pedestrians, bicycles and mass transit vehicles, as determined by the community development director.

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

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

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

9. Landscaping. See Section 17.72.050(B).

10. Roof Decks. Roof decks are prohibited in the MU-V zoning district. (Ord. 1057 § 2 (Att. 1), 2022; Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.20.040 Development standards – Mixed use neighborhood zoning district.

A. General. Table 17.20-3 identifies development standards that apply in the mixed use neighborhood (MU-N) zoning district.
67 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

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

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

Parcel Width, Minimum [1] 40 ft.

Parcel Depth, Minimum [1] 80 ft.

Floor Area Ratio, Maximum 1.0 [5] Section 17.48.040
Parking and Loading See Chapter 17.76
Structure Requirements
Setbacks
Front Min: 0 ft. from property line or 10 ft. from curb, whichever is greater [3] [4]
Max: 25 ft.

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

Height, Maximum 27 ft. [5] Section 17.20.040(D)
Accessory Structures See Chapter 17.52
Notes:
[1] Parcel area, width, and depth requirements apply only to the creation of new parcels. These requirements do not apply to legally created parcels existing as of June 9, 2021. See Title 16 (Subdivisions) for requirements that apply to lot line adjustments to existing parcels that do not comply with the parcel area, width, and depth requirements in this table. [2] Twenty percent of lot depth for residential use on parcel. [3] The planning commission may approve reduced front, side, and rear setback requirements for properties fronting Capitola Avenue north of the trestle up to and including 431 Capitola Avenue.
[4] The planning commission may reduce front, side, and rear setbacks when a parcel is surrounded by commercial properties. [5] Additional building height and FAR allowed for a housing development project that consolidates adjacent Housing Element opportunity sites.

See 17.20.040(.K) (Lot Consolidation Incentive).

B. Building Orientation.

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

2. The planning commission may grant an exception to the requirement in subsection (B)(1) of this section upon finding that unique conditions on the site require an alternative building orientation and that the proposed project would maintain a pedestrian-friendly and active street frontage to the greatest extent possible. 68 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

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

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

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

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

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

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

F. Driveways and Curb Cuts.

1. The maximum width of new driveways crossing a public sidewalk may not exceed forty percent of the parcel width or twenty feet, whichever is less. The community development director may approve exceptions to these standards in the case of shared or joint use of driveways and parking lots or to allow for one on-site parking space of up to 14 feet in width.

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

Considerations for determination include adequate separation between curb cuts, displaced parking, and sight lines, and areas specifically prohibited by Section 17.76.040(C)(3)(i).

G. Landscaping. See Section 17.72.050(B).

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

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

2. Buildings shall be set back from the curb or street edge in a manner that allows for a minimum ten-foot sidewalk along the property frontage.
69 Item 8 C.

Capitola Municipal Code
Chapter 17.20 MIXED USE ZONING DISTRICTS

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

Figure 17.20-9: Capitola Road MU-N Subject to Special Standards I. Objective Standards for Multifamily Dwellings and Mixed-Use Residential Development. New multifamily dwellings and mixed-use residential development in the MU-N zoning district must comply with Chapter 17.82 of this code (Objective Standards for Multifamily and Mixed-Use Residential Development).

J. Roof Decks. Roof decks in the MU-N zoning district require a design permit. Roof decks must comply with standards in Section 17.16.030(C)(5)(b). (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1053 § 3, 2022; Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)
K. Lot Consolidation Incentive. Housing Element Table 4-3 identifies adjacent opportunity sites which are suitable for lot consolidation. Projects in the MU-N zoning district that consolidate two or more opportunity sites identified in Housing Element Table 4-3 into a single parcel as part of a housing development project are permitted maximum building height and floor area ratio (FAR) as identified in Table 17.20-4.

Table 17.20-4: MU-N Lot Consolidation Bonus
Project Type
Baseline MU-N
Standard Lot Consolidation Allowance
Height FAR Height FAR
Residential Only 27 ft. 1.0 35 ft 1.5
Mixed-Use Residential with
Ground-Floor Commercial 27 ft. 1.0 40 ft. 1.5
70 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

Chapter 17.24

COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
Sections:

17.24.010 Purpose of the commercial and industrial zoning districts.

17.24.020 Land use regulations.

17.24.030 Development standards.

17.24.040 Residential mixed use development in commercial zoning districts.

17.24.010 Purpose of the commercial and industrial zoning districts.

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

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

C. Industrial (I) Zoning District. The purpose of the I zoning district is to provide an area for heavy commercial and light industrial uses in Capitola. The I zoning district allows for nonresidential uses which are desired in the community but could be incompatible with land uses in other zoning districts. The I zoning district shall continue to accommodate businesses that contribute to a diverse economy, provide local jobs, and serve the needs of residents and other businesses in Capitola. (Ord. 1043 § 2 (Att. 2), 2020)

17.24.020 Land use regulations.

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

Table 17.24-1: Permitted Land Uses in Commercial and Industrial Zoning Districts

71 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Residential Uses [12]
Single-Family Dwellings – – –
Multifamily Dwellings C [9] C [9] –
Residential Mixed Use C C [7] – Section 17.24.040
Large Residential Care Facilities C [9] C [9] –
Accessory Dwelling Unit A A Chapter 17.74
Public and Quasi-Public Uses
Colleges and Trade Schools C C C
Community Assembly C C –
Cultural Institutions C C –
Day Care Centers MC MC –
Emergency Shelters P– – P Section 17.96.030
Government Offices See 17.24.020(C) C
Home Day Care P P P
Medical Offices and Clinics See 17.24.020(C) –
Public Paths and Coastal Accessways C C C
Public Safety Facilities C C C
Commercial Uses
Alcoholic Beverage Sales C C C
Banks P [2] P [2] –
Car Wash C C
Financial Institutions See 17.24.020(C)P [2]
P [2]
– Section 17.24.020(C)
Business Services P [2] P [2] P
Commercial Entertainment and Recreation M M –
Drive-Through Facilities – C [4] –
Eating and Drinking Establishments
72 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Bars and Lounges C C C
Mobile Food Vendors – A [6]/C A [6]/C
Restaurants and Cafes M [2] M [2] C
Take-Out Food and Beverage M [2] M [2] –
Food Preparation M [2] – P
Gas and Service Stations C C –
Liquor Stores C C –
Lodging
Bed and Breakfast C – –
Hotel C C –
Maintenance and Repair Services M C P
Personal Services P [1] P [1] –
Professional Offices See 17.24.020(C) P
Salvage and Wrecking – – P
Self-Storage C – C Section 17.96.140
Retail P [11] P [11] –
Retail Cannabis Establishment C [10] C [10] Section 17.24.020(D) Vehicle Repair C C P
Vehicle Sales and Rental C [5] C [5] –
Vehicle Sales Display Room [8] P P –
Wholesaling – M [3] P
Heavy Commercial and Industrial Uses
Construction and Material Yards – – P
Custom Manufacturing M M P
Light Manufacturing – – P
Warehousing and Distribution – – P
Transportation, Communication, and Utility Uses
73 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

Key Zoning District
P Permitted Use
C-C C-R I Additional Requirements
A Administrative Permit
required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Utilities, Major – C C
Utilities, Minor P P P
Recycling Collection Facilities C C C Section 17.96.130 Wireless Communications Facilities See Chapter 17.104
Other Uses
Accessory Uses See Chapter 17.52
Home Occupations PA PA – Section 17.96.040
Permanent Outdoor Display C C C Section 17.96.100
Temporary Uses See Section 17.96.180
Urban Agriculture
Home Garden P P –
Community Garden M M –
Urban Farm C C –
Notes:
[1] Combination of two or more tenant suites within a multi-tenant building or greater than five thousand square feet requires minor use permit. [2] Combination of two or more tenant suites within a multi-tenant building or greater than five thousand square feet requires conditional use permit.
[3] Without stock. Storage of merchandise limited to samples only. [4] Prohibited within one hundred feet of a residential zoning district or residential use including residential properties outside the city limits.

Distance is measured from any site feature designed and/or used to provide drive-through service (e.g., vehicle aisle, menu board, lighting) to the property of the residential district or use.
[5] Majority of vehicles for sale must be new.
[6] Mobile food vendors in one location four times or less per year are regulated as a temporary use in accordance with Section 17.96.180 and are allowed with an administrative permit in accordance with Chapter 9.36 of this code. Mobile food vendors in one location more than two times per year require a conditional use permit.
[7] Residential uses are prohibited on the first story. [8] Maximum five thousand square feet.
[9] Allowed only as a part of a mixed use project integrated with commercial structures located on the same development site. [10] Requires cannabis retail license (Chapter 9.61) and compliance with subsection D of this section. [11] A retail use twenty thousand square feet or more requires a conditional use permit. 74 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. [12] See Section 17.96.210 (Demolition and Replacement of Dwelling Units) for requirements that apply to new residential uses on sites identified as nonvacant in the General Plan Housing Element inventory of land suitable for residential development.

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

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

C. Office Uses in the C-C and C-R Zoning Districts.

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

Table 17.24-2: Permitted New Office Uses in the C-C and C-R Zoning Districts Key
C-C Zoning District C-R Zoning District
P Permitted Use
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit required
– Use not allowed
Location and Size of Office Use
Ground floor, less than 5,000 sq. ft. P -/–C [1]
Ground floor, 5,000 sq. ft. or more P/C [2] -/C [1]
Upper floor above a ground floor P P
Located within a multi-tenant site in which the office space is not located within a storefront and is set back from the front facade.

P –
Notes:
[1] Allowed with a conditional use permit only in a multi-tenant building if one or more of the following conditions are met: (1) entry doors do not face an adjacent street frontage; or 2) the building does not front 41st Avenue or Clares Street. [2] Allowed as a Permitted by rightuse where: 1) entry doors do not face an adjacent street frontage; or 2) the building does not front 41st Avenue. Otherwise, a Conditional Use Permit is required.

2. Existing Office Uses. Within office buildings utilized exclusively for office uses as of June 9, 2021, office uses may continue to occupy ground-floor tenant spaces. Within such office buildings, a new tenant is not subject to the permit requirements in Table 17.24-2 until such time that the building is redeveloped or all office space in the ground-floor level is converted to a nonoffice use. a. In the C-C and C-R zoning districts, office uses may continue to occupy existing office space. For purposes of this section, “existing office space” means any tenant space legally occupied by an office use; and vacant tenant space where the most recent legal occupant was an office use. The City shall use business license documentation to determine the legal occupancy of tenant space. b. Offices are a permitted use in existing office space. A new office tenant may occupy existing office spaces without the permit requirements in Table 17.24.
75 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

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

1. Permit Requirements.
a. Cannabis Retail License. Prior to conditional use permit application, an applicant shall obtain a potential retail cannabis license from the city, as outlined in Chapter 5.36. b. Conditional Use Permit. A retail cannabis establishment must obtain a conditional use permit from the planning commission. The retail cannabis establishment shall be in compliance with the following standards:
i. Distance from Schools and Churches. Retail cannabis establishments are not permitted within a path of travel of one thousand feet from any schools and churches. The path of travel shall be measured following the shortest path of travel along a public right-of-way from the property line of the proposed retail cannabis establishment parcel to the church or school. ii. Distance Between Retail Cannabis Establishments. A retail cannabis establishment shall not be located within a path of travel of five hundred feet of another retail cannabis establishment. Path of travel is measured from the retail establishment suite on a multi-tenant property or the structure for a single-tenant property.
iii. Independent Access. A retail cannabis establishment shall have an independent exterior entrance that is not shared with any other business or residence. iv. 41st Avenue Frontage. In the C-C zoning district, a retail cannabis establishment must be on a property fronting 41st Avenue.
(Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.24.030 Development standards.

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

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

Parcel Width, Minimum 50 ft.

Parcel Depth, Minimum 100 ft.

Floor Area Ratio, Maximum 1.0 [1] 1.5 0.5 Section 17.24.030(D) Chapter 17.88
Structure Requirements
Setbacks, Minimum
Front See Section 17.24.030(C) 0 ft.

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

76 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

C-C C-R I Additional Standards
Interior Side 0 ft. unless adjacent to a residential zoning district (see Section 17.24.030(E))

Street Side See Section 17.24.030(C) 0 ft.

Height, Maximum 40 ft. [1] 40 ft. 30 ft. Section 17.24.030(D) and I(E) Chapter 17.88
Landscaped Open Space, Minimum 5% Table 17.72-1
Parking and Loading See Chapter 17.76
Notes:
[1] Additional building height and FAR allowed for a housing development project that consolidates adjacent Housing Element opportunity sites.

See 17.24.040(.J) (Lot Consolidation Incentive).

B. C-C Zoning District Fronting Capitola Road. The following requirements apply to C-C parcels fronting the south side of Capitola Road between 41st Avenue and 45th Avenue as shown in Figure 17.24-1:

1. Maximum height: thirty-five feet.

2. Minimum rear setback: forty feet.

3. Enhanced Application Review. A proposed project with a height greater than two stories shall comply with the following enhanced application review procedures:
a. Conceptual Review.
i. Prior to consideration of a formal application, the planning commission and city council shall provide conceptual review of a proposed project in accordance with Chapter 17.114 (Conceptual Review).
77 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

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

Potential features may include, but are not limited to, enhanced sidewalks along the property frontage, internal pedestrian walkways, outdoor public gathering places, unique landscaping treatments, and active ground-floor uses fronting the street.
78 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

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

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

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

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

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

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

2. Daylight Plane. No structure shall extend above or beyond a daylight plane having a height of twenty-five feet at the setback from the residential property line and extending into the parcel at an angle of forty-five degrees. See Figure 17.24-3.
79 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

Figure 17.24-3: Residential Transitions – Daylight Plane

3. Landscaping. A landscaped planting area, extending a minimum of ten feet from the property line, shall be provided along all residential property lines. A tree screen shall be planted in this area with trees planted at a minimum interval of fifteen feet.

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

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

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

H. Objective Standards for Multifamily Dwellings and Mixed-Use Residential Development. New multifamily dwellings and mixed-use residential development in the C-C and C-R zoning districts must comply with Chapter

17.82 of this code (Objective Standards for Multifamily and Mixed-Use Residential Development).

I. Roof Decks. Roof decks that provide common open space for residents in the commercial zoning district require a design permit. Roof decks must comply with standards in Section 17.16.030(C)(5)(b). (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1053 § 3, 2022; Ord. 1043 § 2 (Att. 2), 2020)
J. Lot Consolidation Incentive. Housing Element Table 4-3 identifies adjacent opportunity sites which are suitable for lot consolidation. Projects in the C-C zoning district that consolidate two or more opportunity sites identified in Housing Element Table 4-3 into a single parcel as part of a housing development project are permitted maximum building height and floor area ratio (FAR) as identified in Table 17.24-4.

Table 17.24-4: C-C Lot Consolidation Bonus
Baseline C-C Standard Lot Consolidation Allowance
Height FAR Height FAR
40 ft. 1.0 50 ft 1.5
80 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

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

K. Micro-Units. A building with micro-units in the C-C or C-R zoning district is permitted a maximum height of 50 ft. and a maximum FAR of 1.5 only when:

1. The micro-units are within one-quarter mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21064.3 of the Public Resources Code; and

2. The micro-units constitute 50 percent or more of the total number of units in the building.

17.24.040 Residential mixed use development in commercial zoning districts.

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

B. Standards.

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

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

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

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

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

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

Windows or doors area shall be transparent to allow views into the building. Exceptions to this transparency requirement may be allowed if the planning commission finds that:
a. The proposed use has unique operational characteristics which preclude building openings, such as for a cinema or theater; or
81 Item 8 C.

Capitola Municipal Code
Chapter 17.24 COMMERCIAL AND INDUSTRIAL

ZONING DISTRICTS

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

Figure 17.24-4: Storefront Transparency

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

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

9. Parking Location. No more than ten percent of off-street retail parking may be provided along the side of retail as “teaser” parking. The remainder of the parking shall be behind the building or in underground/structured parking. See Figure 17.24-5.

10. Driveways and Curb Cuts. Pedestrian and vehicle conflicts shall be minimized by limiting the number of curb cuts to two per block and the width of curb cuts to twenty-four feet where feasible. To the extent possible, curb cuts shall be designed so pedestrian curb ramps are limited and pathways remain level as they cross the vehicle route.

Figure 17.24-5: Residential Mixed Use – Teaser Parking
(Ord. 1043 § 2 (Att. 2), 2020)
82 Item 8 C.

Capitola Municipal Code
Chapter 17.32 SPECIAL PURPOSE ZONING

DISTRICTS

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

Chapter 17.32

SPECIAL PURPOSE ZONING DISTRICTS
Sections:

17.32.010 Purpose of the special purpose zoning districts.

17.32.020 Land use regulations.

17.32.030 Development standards.

17.32.010 Purpose of the special purpose zoning districts.

A. Community Facility (CF). The CF zoning district provides areas for public and community facilities serving Capitola residents and visitors. Land uses permitted in the CF zoning district include public uses such as governmental offices, police and fire stations, community centers, schools, libraries, and other similar uses. The CF zoning district implements the public/quasi-public land use designation in the general plan.

B. Parks and Open Space (P/OS). The P/OS zoning district provides parks, recreational facilities, and open space for the use and enjoyment of the community and visitors. The P/OS zoning district also protects and preserves environmentally sensitive natural areas and habitat in Capitola. The P/OS zoning district implements the parks and open space land use designation in the general plan. (Ord. 1043 § 2 (Att. 2), 2020)

17.32.020 Land use regulations.

A. Permitted Uses. Table 17.32-1 identifies land uses permitted in the CF and P/OS zoning districts.

B. Commercial Uses in the P/OS Zoning District. Commercial uses that are accessory to a permitted use in the P/OS zoning district are permitted with a conditional use permit as long as the park, recreation, and open space purposes are met by the overall development.

C. Visitor Accommodations in New Brighton State Beach. Visitor accommodations and campground uses are permitted in the New Brighton State Beach.

D. P/OS Standards. The following standards apply to uses in the P/OS zoning district:

1. Any structure, land use, or removal of vegetation or natural materials that in the opinion of the community development director is inconsistent with the purpose of the P/OS zoning district is prohibited.

2. Development shall be subordinate to its recreational, scenic, or natural resource purpose consistent with the local coastal program (LCP). Natural resource protection shall include protection of arroyos; creeks, riparian corridors, and other environmentally sensitive habitat; and woodlands.

3. No new structures are permitted on the open, sandy beach area of Capitola except for appropriate public facilities (e.g., the flume and jetties), required shoreline protective structures (approved beach erosion control structures), and structures required for public health and safety (e.g., lifeguard stands) if otherwise consistent with the local coastal program.
83 Item 8 C.

Capitola Municipal Code
Chapter 17.32 SPECIAL PURPOSE ZONING

DISTRICTS

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

Table 17.32-1: Permitted Land Uses in the CF and P/OS Zoning Districts Key Zoning District
Additional Regulations
P Permitted Use

CF P/OS
A Administrative Permit required
M Minor Use Permit required
C Conditional Use Permit
required
– Use not allowed
Public and Quasi-Public Uses
Colleges and Trade Schools C –
Community Assembly P [1] –
Cultural Institutions P [1] –
Day Care Centers P [1] –
Government Offices P –
Parks and Recreational Facilities P [1] P [1]
Public Paths and Coastal Accessways P P
Public Safety Facilities P –
Schools, Public or Private P –
Transportation, Communication, and Utilities Uses
Recycling Collection Facilities C – Section 17.96.130
Utilities, Major C C
Utilities, Minor P P
Wireless Telecommunications Facilities See Chapter 17.104 Other Uses
Accessory Uses and Structures See Chapter 17.52
Temporary Uses and Structures See Section 17.96.180
Urban Agriculture
Community Gardens M [1] M [1]
Urban Farms C [1] C [1]
Note:
[1] Publicly owned and/or operated facilities only.
(Ord. 1043 § 2 (Att. 2), 2020)

17.32.030 Development standards.

A. Floor Area Ratio. The maximum permitted floor area ratio (FAR) is 0.25 in the P/OS zoning district and as determined by the planning commission through the design review process in the CF zoning district. 84 Item 8 C.

Capitola Municipal Code
Chapter 17.32 SPECIAL PURPOSE ZONING

DISTRICTS

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

B. Other Development Standards. Other development standards (e.g., setbacks, height, building coverage) in the CF and P/OS zoning districts shall be determined by the planning commission through the design review and coastal development permit (if in the coastal zone) process. (Ord. 1043 § 2 (Att. 2), 2020) 85 Item 8 C.

Capitola Municipal Code
Chapter 17.36 PLANNED DEVELOPMENT ZONING

DISTRICT

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

Chapter 17.36

PLANNED DEVELOPMENT ZONING DISTRICT
Sections:

17.36.010 Purpose of the planned development zoning district.

17.36.020 Where allowed.

17.36.030 Permitted land uses.

17.36.040 Development standards.

17.36.050 Required approvals.

17.36.060 Conceptual review.

17.36.070 Planned development rezoning.

17.36.080 Development plans.

17.36.010 Purpose of the planned development zoning district.

The purpose of the planned development (PD) zoning district is to allow for high-quality development that deviates from standards and regulations applicable to the other zoning districts in Capitola. The PD zoning district is intended to promote creativity in building design, flexibility in permitted land uses, and innovation in development concepts.

The PD zoning district provides land owners with enhanced flexibility to take advantage of unique site characteristics and develop projects that will provide public benefits for residents, employees, and visitors.

Development within each PD zoning district is regulated by a development plan approved by the city council. (Ord. 1043 § 2 (Att. 2), 2020)

17.36.020 Where allowed.

The PD zoning district may be applied to any property in Capitola with an area of twenty thousand square feet or more except for those designated as single-family residential on the zoning map and general plan land use map.

Planned developments are prohibited in the single-family residential zoning district. (Ord. 1043 § 2 (Att. 2), 2020)

17.36.030 Permitted land uses.

Permitted land uses in each PD zoning district shall conform to the applicable general plan land use designation and to the development plan that applies to the property. (Ord. 1043 § 2 (Att. 2), 2020)

17.36.040 Development standards.

A. Established in Development Plan. Development standards (e.g., height, setbacks, building coverage) for each PD zoning district shall be established in the applicable development plan.

B. Maximum Intensity. The maximum permitted floor area ratio and residential density shall not exceed maximums established in the general plan for the applicable land use designation.

C. Public Improvements. Public infrastructure and improvements in the PD zoning district shall conform to the city’s standard specifications as maintained by the public works director. (Ord. 1043 § 2 (Att. 2), 2020)

17.36.050 Required approvals.

A. Development Plan and Zoning Map Amendment. Establishment of a PD zoning district requires approval of a development plan, zoning map amendment, and LCP amendment to the implementation plan zoning map if the proposed PD zoning district is in the coastal zone.

B. Design Review. A proposed development must receive a design permit as required by Chapter 17.120 (Design Permits). All development and land uses within a PD zoning district shall be consistent with the approved development plan.

C. Coastal Development Permit. A proposed development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 (Coastal Overlay Zone) and the findings for approval of a CDP as specified in Section 17.44.130 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020) 86 Item 8 C.

Capitola Municipal Code
Chapter 17.36 PLANNED DEVELOPMENT ZONING

DISTRICT

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

17.36.060 Conceptual review.

Prior to submittal of an application for a PD rezoning and development plan, an applicant must complete the conceptual review process as described in Chapter 17.114. The planning commission and city council shall each hold at least one noticed public hearing on the project as part of the conceptual review process. (Ord. 1043 § 2 (Att. 2), 2020)

17.36.070 Planned development rezoning.

A. General Procedures and Requirements. Establishing a PD zoning district requires city council approval of a zoning map amendment consistent with Chapter 17.144 (Zoning Code and Local Coastal Program Amendments) and an LCP amendment to the implementation plan zoning map if any part of the proposed PD zoning district is in the coastal zone. All procedures and requirements for zoning map amendments in Chapter 17.144 apply to the establishment of a PD zoning district.

B. Timing. The city council shall act on the zoning map amendment concurrently with the development plan. A PD zoning district may be established only with concurrent approval of a development plan.

C. Reference to Development Plan. The ordinance adopted by the city council establishing a PD zoning district shall reference the development plan approved concurrently with the zoning map amendment. (Ord. 1043 § 2 (Att. 2), 2020)

17.36.080 Development plans.

A. Review Authority. The city council takes action on development plan applications following recommendation from the planning commission.

B. Timing. A development plan application shall be submitted within one year of conceptual review for the proposed project. If an application is not submitted within one year of conceptual review, the applicant shall complete a second conceptual review process prior to submitting the development plan application.

C. Application Submittal and Review.

1. Development plan applications shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review). The application shall include the information and materials required by the community development department and the information required by subsection D of this section (Application Materials).

2. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

D. Application Materials. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection G of this section (Findings). Applications for approval of a development plan shall include the following information and materials:

1. Project Description. A written description of the project proposed within the PD zoning district. The project description shall include a narrative statement of the project objectives and a statement of how the proposed project will comply with general plan goals and policies for the applicable land use designation. An overview of the proposed land use, densities, open space, and parking should be included in the project description.

2. Community Benefits. A description of how the proposed development is superior to development that could occur under the standards in the existing zoning districts, and how it will achieve substantial public benefits as defined in subsection H of this section.

3. Site Plan. A site plan depicting the existing topography, on-site structures and natural features, mature trees, and other significant vegetation and drainage patterns. The site plan shall show the proposed PD zoning district boundaries and all properties within five hundred feet of the site boundary. The site plan shall be to scale and based on a stamped survey prepared by a registered civil engineer or licensed land surveyor. 87 Item 8 C.

Capitola Municipal Code
Chapter 17.36 PLANNED DEVELOPMENT ZONING

DISTRICT

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

4. Concept Plan. An overall diagram of the project concept. This diagram shall illustrate the overall development concept, including proposed land uses, buildings, circulation, open space, and any other significant elements in the proposed project. Phases shall be clearly indicated if multiple phases are proposed.

5. Land Use. A map showing the location of each land use proposed within the site, including open space and common areas. The land use map shall be accompanied by a narrative description of permitted land uses, allowable accessory uses, and uses allowed by right or with a conditional use permit.

6. Subdivision Map. If the project involves the subdivision of land, a tentative parcel map or tentative map required by Title 16 (Subdivisions).

7. Circulation. A map and descriptions of the major circulation features within the site including vehicular, bicycle, pedestrian facilities; traffic flow of internal traffic; and existing and proposed public streets and sidewalk improvements.

8. Public Facilities and Open Space. The amount (in square feet or acres) and percentage of site area that will be dedicated for all types of open space, including proposed recreational facilities and amenities; and any public facilities, including public utility easements, public buildings and public land uses.

9. Development Standards. All development standards that apply within the project, including:
a. Land use;
b. Circulation of traffic;
c. Landscaping;
d. Architecture;
e. Density and/or intensity;
f. Minimum building site;
g. Minimum lot dimensions;
h. Maximum building coverage;
i. Minimum setbacks;
j. Maximum building or structure heights;
k. Maximum height of fences and walls;
l. Signs;
m. Off-street parking; and
n. Other items as deemed appropriate by the planning commission and city council.

E. Planning Commission Review and Recommendation.

1. The planning commission shall hold a public hearing on the development plan application as required by Chapter 17.148 (Public Notice and Hearings).

2. The planning commission shall recommend to the city council the approval, approval with modification, or denial of the development plan application. The recommendation shall be based on the findings in subsection G of this section (Findings).
88 Item 8 C.

Capitola Municipal Code
Chapter 17.36 PLANNED DEVELOPMENT ZONING

DISTRICT

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

F. City Council Review and Decision. Upon receipt of the planning commission’s recommendation, the city council shall conduct a public hearing and either approve, approve in modified form, or deny the development plan. The city council may approve the application only if all of the findings in subsection G of this section (Findings) can be made.

G. Findings. The city council may approve an application for a development plan if all of the following findings can be made:

1. The proposed development is consistent with the general plan, local coastal program (if applicable), and any applicable specific plan or area plan adopted by the city council.

2. The proposed development is superior to the development that could occur under the standards applicable in the existing zoning districts.

3. The proposed project will provide a substantial public benefit as defined in subsection H of this section (Substantial Public Benefit Defined). The public benefit provided shall be of sufficient value as determined by the planning commission to justify deviation from the standards of the zoning district that currently applies to the property.

4. The site for the proposed development is adequate in size and shape to accommodate proposed land uses.

5. Adequate transportation facilities, infrastructure, and public services exist or will be provided to serve the proposed development.

6. The proposed development will not have a substantial adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.

7. For planned developments located adjacent to the coast, the proposed development will protect and/or enhance coastal resources and conform with the findings for approval of a CDP as specified in Section

17.44.130 (Findings for approval).

8. Findings required for the concurrent approval of a zoning map amendment can be made.

H. Substantial Public Benefit Defined. When used in this chapter, “substantial public benefit” means a project feature not otherwise required by the zoning code or any other provision of local, state, or federal law that substantially exceeds the city’s minimum development standards and significantly advances goals of the general plan, and the local coastal program if in the coastal zone. A project must include one or more substantial public benefits to be rezoned as a planned development. The public benefit provided shall be of sufficient value as determined by city council to justify deviation from the standards of the zoning district that currently applies to the property. Examples of substantial public benefits include but are not limited to:

1. Affordable housing that meets the income restrictions applicable in the affordable housing (-AH) overlay zonewith income-restricted affordable units.

2. Public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather. The public space must either exceed the city’s minimum requirement for required open space and/or include quality improvements to the public realm to create an exceptional experience for the public. Improvements to streets, sidewalks, curbs, gutters, sanitary and storm sewers, street trees, lighting, and other public infrastructure beyond the minimum required by the city or other public agencies.

3. New or improved pedestrian and bicycle pathways that enhance circulation within the property and connectivity to the surrounding neighborhood and surrounding areas.

4. Green building and sustainable development features that substantially exceed the city’s green building award status.

5. Preservation, restoration, or rehabilitation of a historic resource. 89 Item 8 C.

Capitola Municipal Code
Chapter 17.36 PLANNED DEVELOPMENT ZONING

DISTRICT

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

6. Public art that exceeds the city’s minimum public art requirement and is placed in a prominent and publicly accessible location.

7. New or enlarged businesses that increase the supply and/or diversity of jobs available to Capitola residents.

Types of jobs may include jobs that improve environmental quality or reduce energy or resource consumption (“green jobs”), high-tech sector jobs, and jobs in industries focusing on the generation and utilization of intellectual property (“creative jobs”).

8. Increased transportation options for residents and visitors to walk, bike, and take public transit to destinations and reduce greenhouse gas emissions.

9. Public parking lot that provides parking spaces in excess of the required number of parking spaces for use by the surrounding commercial district.

10. Publicly accessible parks, open space, and/or recreational amenities beyond the minimum required by the city or other public agency.

11. Habitat restoration and/or protection of natural resources beyond the minimum required by the city or other public agency.

I. Conditions of Approval.

1. The city council may attach conditions of approval to a development plan to achieve consistency with the general plan, local coastal program, zoning code, and any applicable specific plan or area plan adopted by the city council.

2. The city council shall condition approval of the development plan on the completion of public improvements, community benefits and grants of easement shown on the development plan.

J. Post-Decision Procedures. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) shall apply to development plans.

K. Effect of Development Plan. All future development and land uses within a PD zoning district shall comply with the approved development plan.

1. Land Uses. New land uses may be added in a PD zoning district provided the development plan identifies the use as a permitted or conditionally permitted land use. Establishing a land use not specifically permitted by the development plan would require an amendment to the PD zoning district.

2. Structures. New structures may be added in a PD zoning district provided the structures comply with development standards established in the development plan (e.g., height, setback, floor area ratio). Design review consistent with Chapter 17.120 (Design Permits) is required for all new development that was not approved with the development plan. Development that exceeds development standards in the development plan is allowed only with an amendment to the PD zoning district. (Ord. 1043 § 2 (Att. 2), 2020) 90 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

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

Chapter 17.40

RESIDENTIAL OVERLAY ZONES
Sections:

17.40.010 Purpose.

17.40.020 Affordable housing (-AH) overlay zoneReserved.

17.40.030 Vacation rental use (-VRU) overlay zone.

17.40.040 Village residential (-VR) overlay zone.

17.40.010 Purpose.

This chapter contains requirements for overlay zones that primarily apply to residential uses and residential areas.

Overlay zones establish additional standards and regulations to specific areas, in addition to the requirements of the underlying base zoning district. (Ord. 1043 § 2 (Att. 2), 2020)

17.40.020 Affordable housing (-AH) overlay zoneReserved.

A. Purpose. The purpose of the affordable housing (-AH) overlay zone is to facilitate the provision of affordable housing units through the retention and rehabilitation of existing affordable units, or the construction of new affordable units. The -AH overlay zone is intended to:

1. Implement the goals and policies of the general plan housing element and provide the opportunity and means for Capitola to meet its regional fair share allotment of affordable units.

2. Encourage the development of affordable units by assisting both the public and private sectors in making the provision of these units economically viable.

3. Provide assurances to the city that these units will maintain a high degree of quality and will remain affordable to the target population over a reasonable duration of time.

4. Encourage the provision of affordable housing through the combination of the -AH overlay within the multifamily residential zone where the affordable housing projects are determined to be feasible and are consistent with the general plan and the local coastal program.

5. Provide a means of directing and simplifying the process for creating and maintaining affordable housing.

6. Provide incentives to developers, whether in new or rehabilitated housing, to maintain rental units for the long term (e.g., not less than fifty-five years) and affordable ownership units in perpetuity.

B. Applicability. The -AH overlay zone may be applied to parcels located in a multifamily residential or community commercial (C-C) zoning district.

C. Definitions.

1. “Affordable housing” means housing capable of being purchased or rented by a household with “very low,” “low,” or “moderate” income levels at an “affordable housing cost” or “affordable rent,” as those terms are defined by the state of California.

2. “Affordable housing overlay district” means a zoning district that applies in addition to existing zoning designation where the city encourages the provision of affordable housing units as described in this chapter.

3. The “very low,” “low,” and “moderate” income levels are defined by the state of California in Sections 50105, 50079.5, and 50093, respectively, of the California Health and Safety Code, and in Subchapter 2 of Chapter 6.5 of Division 1 of Title 25 of the California Code of Regulations, commencing with Section 6900.

These income levels are:
91 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Very Low Income. Up to and including fifty percent of the Santa Cruz County median income, adjusted for family size, as defined by the state law;
b. Lower Income. Fifty-one percent to eighty percent of Santa Cruz County median income, adjusted for family size, as defined by the state law;
c. Moderate Income. Eighty-one percent to one hundred twenty percent of Santa Cruz County median income, adjusted for family size, as defined by state law.

4. “Affordable housing cost” and “affordable rent” are defined in Sections 50052.5 and 50053, respectively, of the California Health and Safety Code, and in Subchapter 2 of Chapter 6.5 of Division 1 of Title 25 of the California Code of Regulations, commencing with Section 6900.

D. Relationship with State Density Bonus Law and Other State Laws.

1. In the event of any inconsistency or discrepancy between the income and affordability levels set forth in this chapter and the levels set in state laws and regulations, the state provisions shall control.

2. The -AH overlay zone provides a density increase for affordable housing development that in most cases exceeds density bonuses permitted by state law (Government Code Section 65915).

3. A development may utilize the -AH overlay zone as an alternative to the use of state density bonus but may not utilize both the overlay and state density bonuses.

E. Permits and Approvals Required.

1. Affordable housing developments proposed under this chapter require the execution of a development agreement by the city and the developer. The development agreement shall be prepared in accordance with the provisions of California Government Code Section 65864 et seq.

2. Affordable housing developments proposed under this chapter require approval of a design permit. All requirements in Chapter 17.120 (Design Permits) apply, except that the planning commission recommends design permit approval or denial to the city council. The city council may take action on the design permit application concurrently with or subsequent to action on the development agreement.

3. A proposed affordable housing development that is located in the coastal zone may require a coastal development permit (CDP) as specified by Chapter 17.44 and the findings for approval of a CDP as specified in Section 17.44.130. The city council may take action on the coastal development permit application concurrently with or subsequent to action on the development agreement.

F. Permitted Residential Density.

1. Affordable housing developments with up to twenty units per acre are permitted in the -AH overlay zone. The twenty units per acre limit is based on a calculation that includes all existing and new units on the property.

2. Density permitted in the -AH overlay zone may not exceed what can be accommodated by the site while meeting applicable parking, unit size, and other development standards.

G. Income Restrictions.

1. A minimum of fifty percent of the units in an affordable housing development shall be income restricted affordable housing. All affordable units may be in a single category or part of a mixture of affordable unit types which include:
a. Moderate-income households;
b. Low-income households;
92 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. c. Very low-income households; or
d. Extremely low-income households.

2. At minimum fifty percent of income-restricted affordable units (twenty-five percent of the total project units) shall be affordable to low-, very low-, and extremely low-income households. A greater level of affordability will not allow a greater level of density.

H. Development Incentives.

1. Purpose.
a. In order to reduce costs associated with the development and construction of affordable housing, affordable housing developments within the -AH overlay zone shall be eligible for specified development incentives. These incentives allow for the relaxation of development standards normally applied to housing in Capitola and are established in order to facilitate and promote the development of affordable housing in the city.
b. Incentives shall be targeted to improve the project design or to yield the greatest number of affordable units and required level of affordability, so as to permit the city to meet its regional fair share allotment of affordable housing and the goals of the housing element of the general plan.

2. Relaxed Development Standards. The city shall allow the following relaxed development standards for projects that comply with the affordability required in subsection G of this section (Income Restrictions):
a. Minimum Building Site Area and Lot Area per Unit. There shall be no minimum building site area requirement for individual parcels or dwelling sites within the -AH overlay zone. The building site area shall be designated on a site plan as approved by the city through the design permit review process. b. Density Averaging. Project density within the -AH overlay zone may be calculated by averaging the density on a project-wide basis so as to permit higher density levels in certain project portions in exchange for advantageous project design features as determined by the city through the design permit review process.
c. Setbacks.
i. The minimum setbacks from property lines shall be determined by the city through the design permit process.
ii. Minimum setbacks from property lines adjacent to or across from a single-family residential zone shall be same as underlying zoning district.
d. Building Coverage. The city shall determine the maximum building coverage for the proposed project through the design permit process.

3. Additional Development Incentives.
a. As a further inducement to the development of affordable housing beyond the relaxed development standards described in subsection (H)(2) of this section (Relaxed Development Standards), the city may choose to extend one or more additional development incentives depending on the quality, size, nature, and scope of the project being proposed.
b. Additional development incentives may be in the form of waivers or modifications of other standards which would otherwise inhibit density and achievement of affordable housing goals for the development site, including, but not limited to, the placement of public works improvements.

I. Design Standards.
93 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

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

1. Purpose and Applicability.
a. The following design standards are intended to ensure high-quality development within the -AH overlay zone that enhances the visual qualities of Capitola and respects adjacent homes and neighborhoods. b. Design standards shall apply to all projects receiving development incentives described in subsection H of this section (Development Incentives) or residential densities greater than allowed by the applicable base zone.

2. Neighborhood Compatibility.
a. Affordable housing developments shall be designed and developed in a manner compatible with and complementary to existing and potential development in the immediate vicinity of the project site. b. Site planning on the perimeter shall provide for protection of the property from adverse surrounding influences and shall protect surrounding areas from potentially adverse influences from the property. c. To the greatest extent possible, the design of the development shall promote privacy for residents and neighbors, security, and use of passive solar heating and cooling through proper placement of walls, windows, and landscaping.
d. Building design and materials shall blend with the neighborhood or existing structures on the site.

3. Building Height. Maximum building height shall be the same as in the underlying base zoning district.

4. Common Open Space.
a. Common open space shall comprise the greater of:
i. Ten percent of the total area of the site; or
ii. Seventy-five square feet for each dwelling unit.
b. Areas occupied by buildings, streets, driveways, parking spaces, utility units, mailboxes, and trash enclosures may not be counted in satisfying the open space requirement. c. The following areas may be counted in satisfying the open space requirement:
i. Landscaping and areas for passive and active recreation/open space with a minimum depth and width of five feet.
ii. Land occupied by recreational buildings and structures.

5. Streets.
a. All public streets within or abutting the proposed development shall be improved to city specifications for the particular classification of street.
b. All private streets shall meet fire code and access standards.

6. Accessory Uses and Structures. Accessory uses and structures shall be permitted as allowed by Chapter

17.52 (Accessory Structures and Uses) and as required through the design permit process.

7. Signs. Signs shall be permitted as allowed by Chapter 17.80 (Signs) and as required through the design review process.

J. Assurance of Affordability.
94 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

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

1. Affordable housing units developed under this section shall remain available to persons and families of very low, low, and moderate income, at an affordable housing cost or affordable rental cost, at those income and affordability levels as defined in subsection C of this section (Definitions), for fifty-five years or the natural life of the unit, whichever is greater, unless a longer period is required by a construction or mortgage financing program, mortgage insurance program, state law, or housing grant, loan or subsidy program.

2. The required period of affordability shall run concurrently with any period of affordability required by any other agency; provided, however, that the affordability period shall not be less than fifty-five years or the natural life of the unit, whichever is greater.

3. The project developer shall be required to enter into an appropriate agreement with the city to ensure affordability is maintained for the required period.

K. Pre-Application Consultation.

1. Prior to submitting an application for an affordable housing development within the -AH overlay zone, the applicant or prospective developer should request preliminary consultation meetings with the community development department and other city staff as appropriate, to obtain information and guidance before incurring substantial expense in the preparation of plans, surveys and other data.

2. Preliminary consultations with city staff should address potential local, state, and federal affordable housing funding availability, and program requirements in guaranteeing project consistency with the objectives and requirements of the -AH overlay zone.

L. Additional Application Requirements. An application for an affordable housing development within the -AH overlay zone shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review) and shall also include the following materials and information:

1. Breakdown of affordable and market rate units including unit number, unit size, affordable designation of each unit (very low, low, or moderate), and rental rate or sale price.

2. The proposed means for assuring the continuing existence, maintenance and operation of the project as an affordable housing project.

3. Such other information as may be required by the community development department to allow for a complete analysis and appraisal of the proposed project.

M. Findings. To approve or recommend approval of an affordable housing development, the review authority shall make all of the following findings, in addition to the findings required by Chapter 17.120 (Design Permits):

1. The incentives granted for density and deviation from development and design standards, are commensurate with the level of affordability. Specifically, the greater the extent of concessions and incentives, the greater the level of affordability, quality, size, nature, and scope of the project being proposed.

2. The design of the proposed project, even with the concessions for density and deviation from development and design standards, is appropriate for the scale and style of the site and surrounding neighborhood.

Specifically, the development will provide an attractive visual transition and will not significantly impact the integrity of the surrounding neighborhoods.

3. The developer has agreed to enter into an agreement to maintain the affordability of the project specific to the requirements of the city and any funding sources with greater or longer affordability requirements.

4. If located within the coastal zone, the project is found to be in conformity with the local coastal program, including, but not limited to, sensitive habitat, public viewshed, public recreational access and open space protections. (Ord. 1043 § 2 (Att. 2), 2020)
95 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

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

17.40.030 Vacation rental use (-VRU) overlay zone.

A. Purpose. The -VRU overlay zone identifies locations within residential areas where the short-term rental of dwelling units is permitted.

B. Applicability. Locations where the -VRU overlay zone applies is shown on the zoning map.

C. Land Use Regulations. Permitted uses in the -VRU overlay zone are the same as in the base zoning district, except that vacation rental uses are permitted with an administrative permit.

D. Required Permit. Each vacation rental unit is required to obtain a vacation rental permit, as an administrative permit, in addition to registering each unit with the city as a business. This includes obtaining a business license, renewable annually, and transient occupancy tax registration.

E. Development and Operations Standards.

1. Vacation rentals in Capitola are prohibited outside of the -VRU overlay zone.

2. Transient occupation registration is required for each vacation rental unit. A business license and transient occupancy tax registration must be obtained from the city. The business license shall be renewed annually.

3. Permit holders must submit monthly to the city a completed transient occupancy tax report and payment of all tax owing.

4. One parking space is required per vacation rental unit. Parking may be on site or within the Beach and Village Parking Lot 1 or 2 with proof of permit, if eligible. The on-site parking space must be maintained for exclusive use by guests during their stay.

5. The property owner must designate a person who has the authority to control the property and represent the owner. This responsible person must be available at all reasonable times to receive and act on complaints about the activities of the tenants.

6. A maximum of one sign per structure, not to exceed twelve inches by twelve inches in size, is permitted to advertise the vacation rental.

7. Each unit must post the vacation rental permit in a visible location within the unit. The vacation rental permit will include a permit number, the development and operations standards of this section (this subsection E), and space to write the contact information for the responsible party.

8. If the unit is advertised on the internet, the first line of the posting must include the vacation rental permit number for city reference.

9. No permit holder shall have a vested right to a renewed permit. If there is a history of the permit holder or tenants violating the permit’s conditions, the permit may be revoked consistent with Section 17.156.110 (Permit revocation). After a permit is revoked, the permit holder may reapply for a new permit one year after the revocation. The community development director may deny an application based on previous code enforcement issues. A decision by the community development director is appealable to the planning commission.

10. All vacation rental units shall have smoke detectors and carbon monoxide detectors.

11. Accessory dwelling units may not be used for vacation rentals.

F. Enforcement. It is prohibited for any person (including but not limited to property owners, property managers or real estate agents) to do any of the following without a vacation rental permit:

1. Rent, sublet, lease, sublease or otherwise for remuneration allow any person or persons to carry on a vacation rental use; or
96 Item 8 C.

Capitola Municipal Code
Chapter 17.40 RESIDENTIAL OVERLAY ZONES

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

2. To advertise for a vacation rental use; or

3. For compensation, to arrange, or help to arrange vacation rental uses. (Ord. 1043 § 2 (Att. 2), 2020)

17.40.040 Village residential (-VR) overlay zone.

A. Purpose. The purpose of the -VR overlay zone is to limit certain areas within the Village to exclusive residential use, including vacation rentals.

B. Land Use Regulations.

1. Residential Uses Only. Within the -VR overlay zone, only residential land uses (including vacation rentals) are permitted. Nonresidential land uses, including but not limited to restaurants, retail, offices, and personal services, are not permitted in the -VR overlay zone.

2. Existing Hotels and Motels. Alterations and modifications to existing hotels and motels shall occur in a manner consistent with Chapter 17.92 (Nonconforming Uses).

C. Development Standards. Development standards in the -VR overlay zone are the same as the mixed use village (MU-V) zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
97 Item 8 C.

Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

Chapter 17.44

COASTAL OVERLAY ZONE
Sections:

17.44.010 Purpose.

17.44.020 Local coastal program components.

17.44.030 Definitions.

17.44.040 Relationship to base zoning districts.

17.44.050 Allowed land uses.

17.44.060 Development standards.

17.44.070 CDP requirements.

17.44.080 CDP exemptions.

17.44.090 De minimis waiver of CDP.

17.44.100 Challenges to city determination of a CDP.

17.44.110 Application submittal.

17.44.120 Public notice and hearings.

17.44.130 Findings for approval.

17.44.140 Notice of final action.

17.44.150 Appeals.

17.44.160 Permit issuance.

17.44.170 Emergency CDPs.

17.44.180 CDP violations.

17.44.010 Purpose.

A. The purpose of this chapter is to establish review and permit procedures for the implementation of Capitola’s local coastal program (LCP). This chapter ensures that all private and public development within the city’s coastal zone (as depicted by the -CZ overlay zone) is consistent with the city’s certified LCP land use plan and implementation program, which together constitute the city’s certified LCP including:

1. To achieve the basic state goals of maximizing public access to the coast and public recreational opportunities, as set forth in the California Coastal Act and codified in Sections 30000 through 30900 of the California Public Resources Code. Section on 30001.5(c) states that public access both to and along the shoreline shall be maximized consistent with sound resource conservation principles and constitutionally protected rights of private property owners; and

2. To implement the public access and recreational policies of Chapter 3 of the Coastal Act (Sections 30210 through 30224).

B. In achieving these purposes, this chapter shall be consistent with the goals, objectives and policies of the California Coastal Act and Article X, Section 4, of the California Constitution. This chapter shall be interpreted and applied in a manner that:

1. Protects, maintains, and, where feasible, enhances and restores the overall quality of the coastal zone environment and its natural and artificial resources;

2. Allows the city to adopt and enforce additional regulations, not in conflict with the Coastal Act or otherwise limited by state law, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone; and

3. Resolves conflicting provisions in a manner which balances the utilization and conservation of coastal zone resources, taking into account the social and economic needs of the people of Capitola and the state. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.020 Local coastal program components.

The city of Capitola LCP consists of the land use plan (LUP) and implementation plan (IP) as described below. 98 Item 8 C.

Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

A. Land Use Plan. The LCP land use plan (LUP) generally consists of descriptive text and policies as well as the adopted land use, resource, constraint, and shoreline access maps, graphics, and charts. The city’s LUP (originally certified in June 1981) is divided into six components as follows:

1. Locating and planning new or intensified development and public works facilities component.

2. Public access component.

3. Visual resources and special communities component.

4. Recreation and visitor serving facilities component.

5. Natural systems component.

6. Natural hazards component.

B. Implementation Plan. The implementation plan (IP) (first certified in January 1990), consists of the zoning code (Title 17) chapters and municipal code chapters as identified in Section 17.04.040 (Relationship to the local coastal program) as well as the zoning districts and maps. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.030 Definitions.

See also Chapter 17.160, Glossary. Specialized terms as used in this chapter are defined as follows:

A. “Aggrieved person” means any person who, in person or through a representative, appeared at a city public hearing in connection with the decision or action on a coastal development permit (CDP) that is appealed, or who, by other appropriate means prior to a hearing informed the city of the nature of their concerns, or who for good cause was unable to do either. “Aggrieved person” includes the applicant for a CDP.

B. Coastal Bluff.

1. A landform that includes a scarp or steep face of rock adjacent to the bay or ocean and meeting one of the following two parameters:
a. The toe is now or was historically (generally within the last two hundred years) subject to marine erosion.
b. The toe of which lies within an area otherwise identified in Public Resources Code Section 30603(a)(1) or (a)(2).

2. “Bluff line or edge” is defined as the upper termination of a bluff, cliff, or sea cliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff face, the bluff line or edge is defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a step-like feature at the top of the cliff face, the landward edge of the topmost riser is taken to be the cliff edge. The termini of the bluff line, or edge along the seaward face of the bluff, is defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the inland facing portion of the bluff. Five hundred feet is the minimum length of bluff line or edge to be used in making these determinations.

C. “Coastal-dependent development or use” means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

D. “Coastal-related development” means any use that is dependent on a coastal-dependent development or use.

E. “Coastal emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services. 99 Item 8 C.

Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

F. “Coastal hazards” include, but are not limited to, episodic and long-term shoreline retreat and coastal erosion, high seas, ocean waves, storms, tsunami, tidal scour, coastal flooding, liquefaction, sea level rise, and the interaction of same.

G. “Coastal resources” include, but are not limited to, public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.) and their related corridors, water bodies (e.g., wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological and paleontological resources.

H. “Development” means any of the following, whether on land or in or under water:

1. The placement or erection of any solid material or structure.

2. Discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste.

3. Grading, removing, dredging, mining or extraction of any materials.

4. Change in the density or intensity of use of land, including, but not limited to, subdivisions, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use.

5. Change in the intensity of use of water, or access thereto.

6. Construction, reconstruction, demolition or alteration in the size of any structure, including any facility of any private, public or municipal utility.

7. The removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973.

I. “Energy facility” means any public or private processing, producing, generating, storing, transmitting, or receiving facility for electricity, natural gas, petroleum, coal, or other source of energy. A “major energy facility” means any of the previously listed facilities that costs more than two hundred eighty-three thousand five hundred two dollars as of 2019 with an automatic annual increase in accordance with the Engineering News-Record Construction Cost Index except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624.

J. “Environmentally sensitive habitat areas (ESHA)” means any areas in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. ESHA includes wetlands, coastal streams and riparian vegetation, and terrestrial ESHA, including habitats of plant and animal species listed under the federal or California Endangered Species Act. In addition, the following areas are categorically ESHA as identified in Capitola’s LCP:

1. Soquel Creek, Lagoon, and Riparian Corridor.

2. Noble Gulch Riparian Corridor.

3. Tannery Gulch Riparian Corridor.

4. Monarch Butterfly Habitat – Rispin-Soquel Creek and Escalona Gulch.

K. “Feasible” means that which is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. 100
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

L. “Local coastal program (LCP)” means the city’s land use plan and implementation plan (including land use and zoning maps) certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.

M. Public Works Facility.

1. Any of the following:
a. All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities. b. All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads, and mass transit facilities and stations, bridges, trolley wires, and other related facilities.
c. All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district.
d. All community college facilities.

2. A “major public works facility” means any of the above listed facilities that costs more than two hundred eighty-three thousand five hundred two dollars as of 2019, with an automatic annual increase in accordance with the Engineering News-Record Construction Cost Index except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611, or 30624. Notwithstanding the above criteria, a “major public works facility” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities.

N. “Sea” means the Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding nonestuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

O. “Shoreline protective device” means any structure (including but not limited to a seawall, revetment, riprap, bulkhead, deep piers/caissons, bluff retaining walls, groins, swales, lagoons, etc.) designed as protection against coastal hazards or resulting in impacts to shoreline processes.

P. “Stream” means streams in the coastal zone, perennial or intermittent, which are mapped by the United States Geological Survey (USGS) in the National Hydrographic Dataset.

Q. “Structure” means any improvement permanently attached to the ground, including, but not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

R. “Wetland” means lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.040 Relationship to base zoning districts.

The -CZ overlay zone applies to property in conjunction with the base zoning districts. In case of a conflict between regulations, the regulations in this chapter shall take precedence over those of the base zoning district. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.050 Allowed land uses.

Allowed land uses in the -CZ overlay zone are the same as in the underlying base zoning district. Permits required for these uses (e.g., conditional use permit, administrative permit) are the same as in the underlying base zoning district, and are required in addition to any required CDP. (Ord. 1043 § 2 (Att. 2), 2020) 101
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

17.44.060 Development standards.

Development standards (e.g., structure height, setbacks) that apply to property in the -CZ overlay zone are the same as in the underlying base zoning district. These standards are maximums (or minimums as applicable) and are not an entitlement or guaranteed allowance. Where the zoning code allows for discretion in the application of development standards, the decision-making body may impose more stringent requirements to the extent permitted by state law to protect and enhance coastal resources. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.070 CDP requirements.

A. Permit Required. Notwithstanding any other exemptions for other permits or authorizations, all activities that constitute development, as defined in Section 17.44.030(H), within the -CZ overlay zone require a CDP except as specified in Section 17.44.080 (CDP exemptions).

B. Review Authority.

1. The community development director shall take action on all CDP applications for projects that are not appealable to the Coastal Commission and do not require other discretionary approval by the planning commission or city council.

2. The community development director shall, in a properly noticed public hearing, take action on all CDP applications for projects that are appealable to the Coastal Commission and do not require other discretionary approval by the planning commission or city council.

3. The planning commission shall, in a properly noticed public hearing, take action on all CDP applications that are appealable and/or require other discretionary approval by the city.

4. The planning commission or the city council shall, in a properly noticed public hearing, take action on CDP applications for public works projects that require no other discretionary permit approvals from the city other than funding approval.

5. Development already authorized by a Coastal Commission-issued CDP, amendment, or waiver remains under the jurisdiction of the Coastal Commission for the purposes of condition compliance, amendment, and revocation. Any additional development proposed on a parcel with a Coastal Commission-issued CDP, amendment, or waiver shall be reviewed by the city as a new CDP application; provided, that:
a. The Coastal Commission determines that the development is not contrary to any terms or conditions of the Commission-issued CDP, amendment, or waiver; or
b. The development is not located within a location where the Coastal Commission is required to retain jurisdiction under the Coastal Act.

C. Additional Permits. The review of a CDP application shall be processed concurrently with any other discretionary permit application required by the city. The city may not grant any other discretionary approvals for a proposed project that conflict with this chapter. Other discretionary approvals become effective only after a CDP is approved and becomes effective as required by this chapter.

D. Legal Development and Permitting Processes. Development that was legally established prior to the effective date of Proposition 20 (i.e., February 1, 1973) for property within one thousand yards of the mean high tide or the Coastal Act of 1976 (i.e., January 1, 1977) for all coastal zone property, whichever is applicable, is considered lawfully established development that does not require a CDP in order to continue as it legally existed prior to those dates. Any additional development since those dates (including improvements, repair, modification, and/or additions) requires a CDP or a determination that such development is excluded from CDP requirements in accordance with the provisions of this chapter.

E. Illegal Development and Permitting Processes.

1. See Section 17.44.180 (CDP violations) for enforcement provisions that apply to development activity that violates a CDP or the LCP.
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

2. Development that was not legally established (i.e., with a CDP) after the effective date of Proposition 20 (i.e., February 1, 1973) for property within one thousand yards of the mean high tide, or the Coastal Act of 1976 (i.e., January 1, 1977) for all coastal zone property, whichever is applicable, constitutes “unpermitted development” for purposes of this chapter. In addition, development undertaken inconsistent with the terms and conditions of an approved CDP (or an approved waiver or amendment) is also not lawfully established or authorized development (i.e., it constitutes unpermitted development). Both categories of unpermitted development may be subject to enforcement action by the city of Capitola and/or the Coastal Commission.

3. If development is proposed on a site with unpermitted development, then such application may only be approved if it resolves all permitting and coastal resource issues associated with the unpermitted development, including through removal of all or part of the unpermitted development or retention of such development if it can be found consistent with the policies and standards of the LCP and the public access and recreation policies of the Coastal Act, if applicable. If the unpermitted development cannot be found consistent, the unpermitted development must be abated and any affected areas restored to the condition before the unpermitted development was undertaken or pursuant to the terms of a valid restoration order. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.080 CDP exemptions.

The following projects are exempt from the requirement to obtain a CDP unless any one of the criteria listed in subsections (A)(1) through (6), (B)(1) through (8), (C)(1) through (3), or (F)(1) through (4) of this section are met, in which case a CDP is required.

A. Improvements to Existing Single-Family Residences. In accordance with Public Resources Code Section 30610(a) and 14 CCR Section 13250, where there is an existing single-family residential structure, the following shall be considered as part of that structure: fixtures and structures directly attached to a residence; landscaping; and structures normally associated with a single-family residence, such as garages, swimming pools, fences and storage sheds, but not including guest houses or self-contained residential units. This exemption also applies to replacement of a mobile home with one which is not more than ten percent larger in floor area, or equipping a mobile home with removable fixtures such as a porch, the total area of which does not exceed ten percent of the square footage of the mobile home itself. Improvements to existing single-family residences do not require a CDP except for the following classes of development, which require a CDP because they involve a risk of adverse environmental effects:

1. Improvements to a single-family residence if the residence and/or improvement is located on a beach, in a wetland, seaward of the mean high tide line, within an environmentally sensitive habitat area, in an area designated highly scenic in the LCP, or within fifty feet of the edge of a coastal bluff.

2. Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland, or sand dune, within fifty feet of the edge of a coastal bluff, or within an environmentally sensitive habitat area.

3. The expansion or construction of water wells or septic systems.

4. On property not included in subsection (A)(1) of this section that is located between the sea and the first public road paralleling the sea, or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated within the land use plan, when one of the following circumstances apply:
a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure.
b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section.
c. An increase in height by more than ten percent of an existing structure and/or any significant nonattached structure such as garages, shoreline protective works, or docks.

5. In areas which the Coastal Commission has previously declared by resolution, after public hearing, as having a critically short water supply that must be maintained for the protection of coastal resources or public 103
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. recreational use, the construction of any specified major water-using development not essential to residential use including, but not limited to, swimming pools or the construction or extension of landscape irrigation systems.

6. Any improvement to a single-family residence where the CDP issued for the original structure by the Coastal Commission or city indicated that any future improvements would require a CDP.

B. Improvements to Other Existing Structures. In accordance with Public Resources Code Section 30610(b) and 14 CCR Section 13253, where there is an existing structure, other than a single-family residence or public works facility, the following shall be considered part of the structure: all fixtures and other structures directly attached to the structure; landscaping on the lot. Improvements to other existing structures do not require a CDP except for the following classes of development, which require a CDP because they involve a risk of adverse environmental effect, adversely affect public access, or involve a change in use:

1. Improvements to a structure if the structure and/or improvement is located on a beach, in a wetland or stream, seaward of the mean high tide line, in an area designated highly scenic in the land use plan, or within fifty feet of the edge of a coastal bluff.

2. Any significant alteration of land forms including removal or placement of vegetation on a beach or sand dune, in a wetland or stream, within one hundred feet of the edge of a coastal bluff, in a highly scenic area, or in an environmentally sensitive habitat area.

3. The expansion or construction of water wells or septic systems.

4. On property not included in subsection (B)(1) of this section that is located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas as designated in the land use plan, when one of the following circumstances apply:
a. Improvement that would result in an increase of ten percent or more of internal floor area of an existing structure;
b. An additional improvement of ten percent or less where an improvement to the structure has previously been undertaken pursuant to this section; or
c. An increase in height of an existing structure of more than ten percent.

5. In areas which the Coastal Commission has previously declared by resolution, after public hearing, as having a critically short water supply that must be maintained for the protection of coastal recreation or public recreational use, the construction of any specified major water-using development including, but not limited to, swimming pools or the construction or extension of any landscape irrigation system.

6. Any improvement to a structure where the CDP issued for the original structure by the Coastal Commission or city indicated that any future improvements would require a CDP.

7. Any improvement to a structure which changes the intensity of use of the structure.

8. Any improvement made pursuant to a conversion of an existing structure from a multiple-unit rental use or visitor serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion, or motel/hotel timesharing conversion.

C. Repair and Maintenance Activities.

1. Repair and maintenance of existing public roads, including resurfacing and other comparable development necessary to maintain the existing public road facility as it was constructed; provided, that:
a. There is no excavation or disposal of fill outside the existing roadway prism; and 104
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. b. There is no addition to and no enlargement or expansion of the existing public road.

2. Routine maintenance of existing public parks, including repair or modification of existing public facilities and landscaping where the level or type of public use or the size of structures will not be altered.

3. Repair, maintenance, replacement, and minor alterations of existing public water, sewer, natural gas, electrical, telephone, television, and flood control infrastructure.

4. No CDP shall be required for repair and maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities, except that (in accordance with Public Resources Code Section 30610(d) and 14 CCR Section 13252) the following extraordinary methods of repair or maintenance shall require a CDP because they involve a risk of substantial adverse environmental impact:
a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
i. Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures; ii. The placement, whether temporary or permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work except for agricultural dikes within enclosed bays or estuaries;
iii. The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or
iv. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams.
b. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include:
i. The placement or removal, whether temporary or permanent, of riprap, rocks, sand, or other beach materials or any other forms of solid materials; or
ii. The presence, whether temporary or permanent, of mechanized equipment or construction materials. c. Unless destroyed by natural disaster, the replacement of fifty percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a CDP.
d. The provisions of this section shall not be applicable to those activities specifically described in the document entitled “Repair, Maintenance and Utility Hookups,” adopted by the Coastal Commission on September 5, 1978, unless the community development director determines that a proposed activity will have a risk of substantial adverse impact on public access, an environmentally sensitive habitat area, wetlands, or public views to the ocean.

D. Replacement of Destroyed Structures. No CDP shall be required for the replacement of any structure, other than a public works facility, destroyed by a disaster that meets the following criteria: The replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten percent, and shall be sited in the same location on the affected property as the destroyed structure. As used in this section, “disaster” means any 105
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner; “bulk” means total interior cubic volume as measured from the exterior surface of the structure.

E. Conversion of Existing Multi-Unit Residential Structures. No CDP shall be required for the conversion of any existing multi-unit residential structure to a time-share project, estate, or use, as defined in Section 11212 of the Business and Professions Code. If any improvement to an existing structure is otherwise exempt from the permit requirements of this chapter, no CDP is required for that improvement on the basis that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a multi-unit residential structure into condominiums, as defined in Section 783 of the Civil Code, is considered a time-share project, estate, or use for purposes of this subsection.

F. Temporary Events. No CDP shall be required for temporary events as described in this subsection and which meet all of the following criteria:

1. The event will not occur between the Saturday of Memorial Day weekend through Labor Day, or if proposed in this period will be of less than two days in duration including setup and take-down.

2. The event will not occupy any portion of a publicly or privately owned sandy beach or park area, public pier, public beach parking area and there is no potential for adverse effect on sensitive coastal resources.

3. A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or if a fee is charged, it is for preferred seating only and more than seventy-five percent of the provided seating capacity is available free of charge for general public use.

4. The proposed event has been reviewed in advance by the city and it has been determined that it meets the following criteria:
a. The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and/or timing of the event either individually or cumulatively considered together with other development or temporary events scheduled before or after the particular event; b. There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources; and
c. The event has not previously required a CDP to address and monitor associated impacts to coastal resources.

G. Emergency Work. See Section 17.44.170 (Emergency CDPs) for development allowed with an emergency CDP. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.090 De minimis waiver of CDP.

The community development director may waive the requirement for a CDP through a de minimis CDP waiver in compliance with this section upon a written determination that the development meets all of the criteria and procedural requirements set forth in subsections A through G of this section:

A. No Adverse Coastal Resource Impacts. The development has no potential for adverse effects, either individually or cumulatively, on coastal resources.

B. LCP Consistency. The development is consistent with the LCP.

C. Not Appealable to Coastal Commission. Except for accessory dwelling units as provided in Section

17.74.030(.E).(2), tThe development is not of a type or in a location where an action on the development would be appealable to the Coastal Commission.
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

D. Notice. Public notice of the proposed de minimis CDP waiver and opportunities for public comment shall be provided as required by Section 17.44.120 (Public notice and hearings), including provision of notice to the Coastal Commission.

E. Executive Director Determination. The community development director shall provide a notice of determination to issue a de minimis CDP waiver to the Executive Director of the Coastal Commission no later than ten working days prior to the waiver being reported at a city public hearing (see subsection F of this section). If the Executive Director notifies the community development director that a waiver should not be issued, the applicant shall be required to obtain a CDP if the applicant wishes to proceed with the development.

F. Review and Concurrence.

1. The community development director’s determination to issue a de minimis CDP waiver shall be subject to review and concurrence by the decision-makers (i.e., planning commission or city council, as applicable).

2. The community development director shall not issue a de minimis CDP waiver until the public comment period, including at a minimum through and including the required reporting of the waiver at a public hearing, has expired. At such public hearing, the public shall have the opportunity to testify and otherwise participate in a hearing on the de minimis CDP waiver. If two or more decision-makers object to the waiver, the de minimis CDP waiver shall not be issued and, instead, an application for a CDP shall be required and processed in accordance with the provisions of this chapter. Otherwise, the de minimis CDP waiver shall be deemed approved, effective, and issued the day of the public hearing.

3. In addition to the noticing requirements above, within seven calendar days of effective date of a de minimis CDP waiver, the community development director shall send a notice of final action (via first class mail) describing the issuance and effectiveness of the de minimis CDP waiver to the Coastal Commission and any persons who specifically requested notice of such action.

G. Waiver Expiration. A de minimis waiver shall expire and be of no further force and effect if the authorized development is not completed within two years of the effective date of the waiver. In this event, either a new de minimis waiver or a regular CDP shall be required for the development. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.100 Challenges to city determination of a CDP.

A. City Determination.

1. The determination of whether a development is exempt, nonappealable, or appealable to the Coastal Commission shall be made by the community development director at the time the CDP application is submitted or as soon thereafter as possible, and in all cases prior to the application being deemed complete for processing.

2. This determination shall be made with reference to the LCP, including any maps, land use designations, and zoning ordinances which are adopted as part of the LCP.

B. Notification of Decision.

1. The community development director shall inform the applicant and the Coastal Commission district office in writing of the determination prior to:
a. Providing notice of any potential permit action; or
b. Allowing any activity without a permit for exemptions or exclusions.

2. The community development director’s written notification shall also identify the city’s notice and hearing requirements for the proposed project, if any.

C. Coastal Commission Review.
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Capitola Municipal Code
Chapter 17.44 COASTAL OVERLAY ZONE

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

1. If the Coastal Commission Executive Director chooses to review the community development director’s determination, the city shall provide the Executive Director with a copy of the application and determination of permit requirement.

2. If the Executive Director’s determination of permit requirement is the same as the community development director’s determination, that determination shall become final and no further challenge is available.

3. If the Executive Director’s determination conflicts with the community development director’s determination and the conflict cannot be resolved in a reasonable time, the Coastal Commission will hold a hearing to resolve the dispute in accordance with Coastal Commission regulations. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.110 Application submittal.

A. Submittal Requirements. CDP application submittals shall include all the information and materials required by the community development department. It is the responsibility of the applicant to provide all necessary and requested evidence to allow for the reviewing authority to make a decision regarding whether the proposed development is consistent with the LCP, including with respect to the findings required by Section 17.44.130 (Findings for approval).

B. Concurrent with Other Permits. The application for a CDP shall be made concurrently with application for any other non-CDP permits or approvals required by the city. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.120 Public notice and hearings.

A. Public Hearing Required. All planning commission and city council actions on CDP applications require a noticed public hearing.

B. Content of Notice. The notice of public hearing may be combined with other required project permit notice and shall include the following information:

1. A statement that the project is within the coastal zone, and that the project decision will include a determination on a CDP.

2. The name of the applicant, the city’s file number assigned to the application, a general explanation of the matter to be considered, a general description of the location of the subject property, and any recommendation from a prior hearing body.

3. A determination of whether the project is appealable to the Coastal Commission and the reasons for this determination.

4. The date, time and place of the hearing and/or decision on the application, and the phone number, email address, and street address of the community development department where an interested person may call or visit to obtain additional information or to provide input on the project.

5. A statement that the proposed project is determined to be exempt from the California Environmental Quality Act (CEQA), or that a negative declaration, mitigated negative declaration, or environmental impact report has been prepared for the project. The hearing notice shall state that the hearing body will consider approval of the CEQA determination or document prepared for the proposed project.

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

D. Mailing. Notice shall be mailed at least ten calendar days prior to the hearing to:

1. The owner(s) and owner’s agent of all properties for which development is proposed, the applicant, and any applicant representatives;

2. Each local agency expected to provide essential facilities or services to the project;

3. Any person who has filed a request for notice (e.g., for the site or for the particular development) with the community development director;
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4. All owners and all occupants of parcels of real property located within one hundred feet (not including roads) of the perimeter of the real property on which the development is proposed, but at a minimum all owners and all occupants of real property adjacent to the property on which the development is proposed;

5. All agencies for which an approval for the proposed development may be required (e.g., USFWS, CDFW, RWQCB, etc.), including the State Lands Commission and the Monterey Bay National Marine Sanctuary when an application for a CDP is submitted to the city on property that is potentially subject to the public trust;

6. All known interested parties that have submitted a request in writing to the community development director to receive notice on a specific property;

7. The California Coastal Commission Central Coast office;

8. Any other person whose property, in the judgment of the community development department, might be affected by the proposed project.

E. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection D of this section is more than one thousand, the community development department may choose to provide notice by placing a display advertisement of at least one-eighth page in one or more local newspapers of general circulation at least ten days prior to the hearing.

F. Newspaper Publication. Notice shall be published in at least one newspaper of general circulation at least ten calendar days before the hearing.

G. Additional Notice.

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

2. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice procedures shall incorporate the blind, aged, and disabled communities in order to facilitate their participation.

H. Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any resident, property owner, or community member to receive a mailed notice.

I. Renoticing Required. If a decision on a CDP is continued by the review authority to a date or time not specific, the item shall be renoticed in the same manner and within the same time limits established by this section. If a decision on a CDP is continued to a specific date and time within thirty days of the first hearing, then no renoticing is required. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.130 Findings for approval.

A. Conformance with LCP Required. A CDP shall be granted only upon finding that the proposed project is consistent with the LCP. As applicable to the proposed project, the review authority shall consider whether:

1. The project is consistent with the LCP land use plan, and the LCP implementation program.

2. The project maintains or enhances public views.

3. The project maintains or enhances vegetation, natural habitats and natural resources.

4. The project maintains or enhances low-cost public recreational access, including to the beach and ocean.

5. The project maintains or enhances opportunities for visitors.

6. The project maintains or enhances coastal resources. 109
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7. The project, including its design, location, size, and operating characteristics, is consistent with all applicable design plans and/or area plans incorporated into the LCP.

8. The project is consistent with the LCP goal of encouraging appropriate coastal development and land uses, including coastal priority development and land uses (i.e., visitor serving development and public access and recreation).

B. Basis for Decision. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.140 Notice of final action.

The city’s action on a CDP shall become final when all local rights of appeal have been exhausted per Section

17.44.150(A) (Local Appeals). Within seven calendar days of a final decision on a CDP application, the city shall provide notice of its action by first class mail to the applicant, the Coastal Commission, and any other persons who have requested notice. The notice shall contain, at a minimum, the following:

A. Cover Sheet/Memo. The cover sheet/memo shall be dated and shall clearly identify the following information:

1. All project applicants and project representatives, their address(es), and other contact information.

2. Project description and location.

3. All local appeal periods and disposition of any local appeals filed.

4. Whether the city’s decision is appealable to the Coastal Commission, the reasons for why it is or is not, and procedures for appeal to the Coastal Commission.

5. A list of all additional supporting materials provided to the Coastal Commission (see subsection B of this section).

6. All recipients of the notice.

B. Additional Supporting Materials to the Coastal Commission. The additional supporting materials shall include at a minimum the following:

1. The final adopted findings and final adopted conditions.

2. The final staff report.

3. The approved project plans.

4. All other substantive documents cited and/or relied upon in the decision including CEQA documents, technical reports (e.g., geologic, geotechnical, biological), correspondence, and similar documents. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.150 Appeals.

A. Local Appeals. Community development director decisions on CDPs may be appealed to the planning commission and planning commission decisions may be appealed to the city council as follows:

1. Community Development Director Decisions. Any decision of the community development director may be appealed to the planning commission within ten calendar days of the community development director’s decision.

2. Planning Commission Decisions. Any decision of the planning commission may be appealed to the city council within ten calendar days of the planning commission’s decision.

B. Appeals to the Coastal Commission.
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1. In accordance with Public Resources Code Section 30603, any final approval decision by the city on a CDP in the geographic areas defined in subsections (B)(3)(a) through (b) of this section, or any final approval or denial decision by the city on a CDP for a major public works project (including a publicly financed recreational facility and/or a special district development), or a major energy facility located anywhere in the coastal zone, may be appealed to the Coastal Commission.

2. Appeals to the Coastal Commission may be filed by the project applicant, any aggrieved person, or any two members of the Coastal Commission.

3. The following types of projects may be appealed to the Coastal Commission:
a. Projects located between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
b. Projects located on tidelands, submerged lands, public trust lands, within one hundred feet of any wetland, estuary, or stream, or within three hundred feet of the top of the seaward face of any coastal bluff. c. Any development which constitutes a major public works project or a major energy facility.

4. Appeals must be submitted to the Coastal Commission within ten working days of Coastal Commission receipt of a complete notice of final action.

5. City decisions may be appealed to the Coastal Commission only after an appellant has exhausted all local appeals pursuant to subsection A of this section (Local Appeals), except that exhaustion of all local appeals is not required if any of the following occur:
a. The city requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for CDPs in the coastal zone.
b. An appellant was denied the right of the initial local appeal by a city ordinance which restricts the class of persons who may appeal a local decision.
c. An appellant was denied the right of local appeal because city notice and hearing procedures for the development did not comply with this title.
d. The city required an appeal fee for the filing or processing of the appeal.

6. Grounds for appeal of an approved or denied CDP are limited to the following:
a. For approval, that the development does not conform to the standards set forth in the LCP, or the development does not conform to the public access policies of the Coastal Act; b. An appeal of a denial of a permit for a major public works shall be limited to an allegation that the development conforms to the standards set forth in the LCP and the public access policies of the Coastal Act. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.160 Permit issuance.

A. Effective Date of a CDP.

1. For city actions on CDPs that are not appealable to the Coastal Commission, a CDP shall become effective seven working days after the city’s final decision.

2. For development within the Coastal Commission appeal area, CDPs shall become effective after ten working days if no appeal has been filed. The ten working day appeal period starts the day after the Coastal Commission receives adequate notice of the city’s final decision.

B. Expiration of Permits and Extensions.
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1. A CDP not exercised within two years shall expire and become void, unless the permittee applies for an extension of the expiration deadline prior to the permit expiration.

2. An extension request may only be granted for good cause, and only if there are no changed circumstances that may affect the consistency of the development with the LCP (and the Coastal Act, if applicable). In cases where an extension is not granted, the CDP shall be considered expired and the applicant shall be required to apply for a new CDP to undertake the proposed development.

3. Any extension request shall be in writing by the applicant or authorized agent prior to expiration of the twoyear period. The city will not consider the extension request if received after the CDP expiration deadline.

Public notice and hearing requirements for an extension request shall be the same as for a CDP amendment.

4. De minimis CDP waivers may not be extended beyond the two-year authorization period.

C. CDP Amendment.

1. Provided the CDP has been exercised prior to expiration, or has not yet expired, an applicant may request a CDP amendment by filing an application to amend the CDP pursuant to the requirements of this chapter that apply to new CDP applications, including, but not limited to, public notice and hearing requirements.

2. Any approved CDP amendment must be found consistent with all applicable LCP requirements and the Coastal Act if applicable.

3. Any CDP amendment shall be processed as appealable to the Coastal Commission if the base CDP was also processed as appealable, or if the development that is the subject of the amendment makes the amended project appealable to the Coastal Commission.

D. Revocation of Permits. Where one or more of the terms and conditions of a CDP have not been, or are not being, complied with, or when a CDP was granted on the basis of false material information, the original review authority (community development director, planning commission or city council) may revoke or modify the CDP following a public hearing. Notice of such public hearing shall be the same as would be required for a new CDP application.

E. CDP Application Resubmittals. For a period of twelve months following the denial or revocation of a CDP, the city shall not accept a CDP application for the same or substantially similar project for the same site, unless for good cause the denial or revocation action includes an explicit waiver of this provision. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.170 Emergency CDPs.

A. Purpose. An emergency CDP may be granted at the discretion of the community development director for projects normally requiring CDP approval. To be eligible for an emergency CDP, a project must be undertaken as an emergency measure to prevent loss or damage to life, health or property, or to restore, repair, or maintain public works, utilities and services during and immediately following a natural disaster or serious accident.

B. Application. Application for an emergency CDP shall be made to the city in writing if time allows, and by telephone or in person if time does not allow. The applicant shall submit the appropriate fees at the time of application for an emergency CDP.

C. Required Information. The information to be reported during the emergency, if it is possible to do so, or to be fully reported after the emergency, shall include all of the following:

1. The nature of the emergency.

2. The cause of the emergency, to the extent this can be established.

3. The location of the emergency.

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5. The circumstances during the emergency that appeared to justify the course of action taken, including the probable consequences of failing to take action.

6. All available technical reports and project plans.

D. Verification of Facts. The community development director or other designated local official shall verify the facts, including the existence and nature of the emergency, as time allows. The community development director may request, at the applicant’s expense, verification by a qualified professional of the nature of the emergency and the range of potential solutions to the emergency (including identifying how the proposed solutions meet the criteria for granting the emergency CDP). The community development director may consult with the Coastal Commission as time allows to determine whether to issue an emergency CDP.

E. Public Notice. The community development director shall provide public notice, including notice to the Coastal Commission, as soon as reasonably possible, of the proposed emergency action, with the extent and type of notice determined on the basis of the nature of the emergency itself.

F. Criteria for Granting Permit. The community development director may grant an emergency CDP upon making all of the following findings:

1. An emergency exists and requires action more quickly than permitted by the procedures for an ordinary CDP.

2. The development can and will be completed within thirty days unless otherwise specified by the terms of the permit.

3. Public comment on the proposed emergency action has been reviewed if time allows.

4. The work proposed will be consistent with the requirements of the LCP.

G. Conditions. The community development director may attach reasonable terms and conditions to the granting of an emergency CDP, including an expiration date and the necessity for a regular CDP application by a specified date.

At a minimum, all emergency CDPs shall include the following conditions:

1. The emergency CDP shall be voided if the approved activity is not undertaken within a reasonable time period as determined by the community development director.

2. The emergency CDP shall expire sixty days following its issuance, or alternative time period as determined by the community development director. Any work completed outside of this time period requires a regular CDP approval unless an extension is granted by the city for good cause.

3. The emergency development authorized by the emergency CDP is only temporary, and may remain only with approval of a regular CDP.

4. The applicant shall submit an application for a regular CDP within thirty days of completion of construction authorized by the emergency CDP, or alternative time period as determined by the community development director. The application shall include all information and materials required by the department, including photographs (if available) showing the project site before, during, and after emergency construction.

5. If the applicant does not apply for or obtain a regular CDP within the specified time period, the emergency development may be subject to enforcement action in accordance with Section 17.44.180 (CDP violations).

H. Limitations.

1. The emergency work authorized under approval of an emergency CDP shall be limited to activities necessary to protect the endangered structure or essential public infrastructure.

2. The emergency CDP shall be voided if the approved emergency CDP is not exercised within thirty days of issuance of the permit.
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3. The emergency CDP shall expire sixty days after issuance. Any work completed outside of these time periods requires a regular CDP approval unless an extension is granted by the city for good cause.

I. Application for Regular CDP. After the issuance of an emergency CDP, the applicant shall submit a completed CDP application and any required technical reports within a time specified by the community development director, but not to exceed thirty days. All emergency development approved pursuant to this section is considered temporary and shall be subject to enforcement action in accordance with Section 17.44.180 (CDP violations) if an application to recognize the development is not submitted within the time frame specified in the emergency CDP, unless the community development director authorizes an extension of time for good cause.

J. Reporting of Emergency Permits. The community development director shall inform (within five working days) the Executive Director of the Coastal Commission that an emergency CDP has been issued, and shall report the emergency CDP to the city council and planning commission at the first scheduled meeting after the emergency CDP has been issued. (Ord. 1043 § 2 (Att. 2), 2020)

17.44.180 CDP violations.

A. Enforcement of Violations.

1. The city will actively investigate and enforce any development activity that occurs within the coastal zone without a CDP pursuant to the requirements of the LCP. The city will work to resolve any alleged violations of the LCP in a timely manner, including through the use of appropriate enforcement actions.

2. In addition to all other available remedies, the city may seek to enforce the LCP and the Coastal Act pursuant to Public Resources Code Sections 30800 through 30822.

3. If the city does not resolve violations in a timely manner, the Coastal Commission retains the authority to enforce the requirements of the LCP through its own enforcement actions pursuant to Coastal Act Sections 30809 and 30810.

B. Civil Liability. Any person who performs or undertakes development in violation of the LCP or inconsistent with a previously issued CDP may, in addition to any other penalties, be civilly liable in accordance with Public Resources Code Section 30820.

C. Legal Lot Required. Development may only be undertaken on a legally established lot.

D. Removal of Existing Violations. No CDP application (including CDPs, CDP exclusions and exemptions, and de minimis CDP waivers) shall be approved unless all unpermitted development on the property that is functionally related to the proposed development is proposed to be removed (and the area restored) or retained consistent with the requirements of the LCP. (Ord. 1043 § 2 (Att. 2), 2020) 114
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

Chapter 17.74

ACCESSORY DWELLING UNITS
Sections:

17.74.010 Purpose.

17.74.020 Definitions.

17.74.030 Permitting process.

17.74.040 General requirements.

17.74.050 Units subject to limited standards.

17.74.060 Units subject to full review standards.

17.74.070 Units requiring a design permit.

17.74.080 Development standards.

17.74.090 Objective design standards.

17.74.100 Deviation from standards.

17.74.110 Findings.

17.74.120 Deed restrictions.

17.74.130 Incentives.

17.74.010 Purpose.

A. This chapter establishes standards for the location and construction of accessory dwelling units (ADUs) consistent with Government Code Sections 663105852.2 through 663425852.22. These standards are intended to allow accessory dwelling units as a form of affordable housing in Capitola while maintaining the character and quality of life of residential neighborhoods.

B. It is the city’s intent for this chapter to be consistent with state law as it is amended from time to time. In case of conflict between this chapter and state law, state law governs unless local variation is permitted. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.020 Definitions.

Terms used in this chapter are defined as follows:

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

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

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

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

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

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

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

F. “Multifamily dwelling” means a structure with two or more dwelling units.

F. “Two-story attached accessory dwelling unit” means an attached accessory dwelling unit that is configured as either:
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1. Two stories of living space attached to an existing primary dwelling unit; or

2. Second-story living space above a ground-floor garage or living space in an existing primary dwelling unit.

G. “Two-story detached accessory dwelling unit” means a detached accessory dwelling unit that is configured as either:

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

2. Second-story living space above a ground-floor garage or other accessory structure. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.030 Permitting process.

A. When Consistent with Standards.

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

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

3. If the city denies an application for an accessory dwelling unit, the city shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4. If the accessory dwelling unit application is submitted with a permit application to create a new single-family or multifamily dwelling on the parcel, the city may delay approving or denying the accessory dwelling unit application until the city approves or denies the permit application for the new single-family dwelling. The accessory dwelling unit shall be considered without discretionary review or hearing.

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

B. Two-Story Units.

1. Planning commission approval of a design permit is required for Aa two-story accessory dwelling unit (attached or detached) with a height greater than the maximum permitted one-story accessory dwelling unit heights in Table

17.74-1 sixteen feet in height requires planning commission approval of a design permit.

2. To approve the design permit, the planning commission must make the findings in Section 17.74.110. A two-story accessory dwelling unit must comply with the standards in Sections 17.74.080 (Development standards) and

17.74.090 (Objective design standards) unless the planning commission allows a deviation through the design permit process.

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

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

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

E. Within Coastal Zone.

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

2. The City may issue a CDP waiver pursuant to Section 17.44.090 (De minimis waiver of a CDP) for a proposed accessory dwelling unit in the coastal zone. The City may issue a CDP waiver for an accessory dwelling unit both within and outside of locations where City decisions are appealable to the Coastal Commission. To be eligible for a CDP waiver, the proposed accessory dwelling unit must comply with all of the following:
a. The accessory dwelling unit complies with all standards in this chapter and may be approved ministerially with no public hearing required.
b. The accessory dwelling is not located:
i. In an area subject to coastal hazards as defined by Section 17.44.040(.F); ii. Within 200 feet of a cliff edge; or
iii In an environmentally sensitive habitat area (ESHA) as defined by Section 17.44.040(.J), including categorical ESHA areas identified in Section 17.64.020 (Applicability). c. The accessory dwelling unit would not negatively impact coastal resources, public access, or views consistent with the City’s certified Local Coastal Program.

3. A CDP waiver for an accessory dwelling unit shall comply with all requirements in Section 17.44.090 that apply to other types of development with the exception that the City may issue a CDP waiver for an accessory dwelling unit both within and outside of locations where City decisions are appealable to the Coastal Commission.

42. Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect of application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that:
a. aA public hearing for a CDP application for an accessory dwelling unit shall is not be required as provided in Section 17.74.030(A)(1); and.

The City may issue a CDP waiver for an accessory dwelling unit as provided in Section 17.74.030(E)(2) F. Historic Resources.

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

2. Compliance with Chapter 17.84 is not required for accessory dwelling units approved ministerially with an administrative permit..
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G. Correction of Violations. The city shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

H. Unpermitted Accessory Dwelling Units.

1. Except as provided in subsection (H)(2) of this section, the city shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
a. The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. b. The accessory dwelling unit does not comply with Government Code Sections 66314 - 66332 65852.2 or this chapter.

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

3. This subsection shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.040 General requirements.

The following requirements apply to all accessory dwelling units:

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

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

2. On any parcel with an existing or proposed single-family or multifamily dwelling.

B. Maximum Number per Parcel. Not more than one accessory dwelling unit is allowed per parcel except as allowed by Sections 17.74.050 (Units subject to limited standards)(B) (One-Story Detached Accessory Dwelling Units Eight Hundred Square Feet or Less), 17.74.050(C) (Nonlivable Multifamily Space), and 17.74.050(D) (Detached Accessory Dwelling Units on Multifamily Parcels).

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

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

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

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

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

17.160 (Glossary).

G. Separate Sale from Primary Dwelling. An accessory dwelling unit shall not be sold or conveyed separately from the primary dwelling except as provided in Government Code Section 66340-66342.

H. Guaranteed Allowance.
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

1. Maximum building coverage, floor area ratio, front setbacks, and private open space standards in Section

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

2. An accessory dwelling unit may deviate from a building coverage, floor area ratio, front setbacks, or private open space standard no more than the minimum necessary to allow for eight hundred square feet of floor area.

I. Converting and Replacing Existing Structures.

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

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

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

J. Manufactured Homes and Mobile Units.

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

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

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

K. Junior Accessory Dwelling Units.

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

2. Occupancy. The property owner must occupy either the primary dwelling unit or the junior accessory dwelling unit on the property unless the property is owned by a governmental agency, land trust, or housing organization, in which case owner-occupancy is not required.

3. Sanitation Facilities.
a. A junior accessory dwelling unit may include sanitation facilities, or may share sanitation facilities with the primary dwelling.
b. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.
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4. Kitchen. A junior accessory dwelling unit must include, at a minimum:
a. A cooking facility with appliances; and
b. At least three linear feet of food preparation counter space and three linear feet of cabinet space.

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

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

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

M. Pursuant to the authority provided by Section 65852.21(f) of the Government Code, no accessory dwelling unit or junior accessory dwelling unit shall be permitted on any lot in a single-family zoning district if: (1) an urban lot split has been approved pursuant to Chapter 16.78 of this code; and (2) an SB 9 residential development with two units has been approved for construction pursuant to Chapter 17.75 of this code. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1052 § 4, 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.050 Units subject to limited standards.

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

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

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

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

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

4. The junior accessory dwelling unit complies with Government Code Sections 66333 - 66339 65852.22.

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

1. Minimum rear and side setbacks: four feet.

2. Maximum floor area: eight hundred square feet.

3. Maximum height: sixteen feet or 18 feet as allowed by Government Code Section 66321(b) (4).

C. Nonlivable Multifamily Space. One or more internal accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

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

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

D. Detached Accessory Dwelling Units on Multifamily Parcels.

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

2. If the existing multifamily dwelling has a rear or side setback of less than four feet, the city shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subsection. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.060 Units subject to full review standards.

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

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

B. One-Story Detached Accessory Dwelling Units Between Eight Hundred and One Thousand Two Hundred Square Feet. A one-story detached accessory dwelling unit with a floor area between eight hundred and one thousand two hundred square feet in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards). (Ord. 1043 § 2 (Att. 2), 2020)

17.74.070 Units requiring a design permit.

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

A. Two-Story Accessory Dwelling Units. A two-story attached or detached accessory dwelling unit greater than than the maximum permitted one-story accessory dwelling unit heights in Table 17.74-1in compliance with standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards).

B. Accessory Dwelling Units Deviating from Standards. Any accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards), except for accessory dwelling units approved pursuant to Section 17.74.050 (Units subject to limited standards). (Ord. 1043 § 2 (Att. 2), 2020)

17.74.080 Development standards.

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

A. General. Table 17.74-1 shows development standards that apply to accessory dwelling units.

Table 17.74-1: Development Standards
ADU Type/Location Standard
Unit Size, Maximum
Attached ADU, one bedroom or less 50 percent of the existing primary dwelling or 850 sq. ft., whichever is greater
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

ADU Type/Location Standard
Attached ADU, more than one bedroom 50 percent of the existing primary dwelling or 1,000 sq. ft., whichever is greater
Detached ADU 1,200 sq. ft.

Internal ADU No maximum
Junior ADU 500 sq. ft.

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

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

Rear, 1st and 2nd Story 4 ft.

Building Coverage, Maximum
R-M zoning district 40% [2]
All other zoning districts No maximum
Height, Maximum [3]
Attached ADU 25 ft. or maximum permitted in zoning district, whichever is less One-story detached ADU on lot with existing or proposed singlefamily dwelling 16 ft. [8] One-story detached ADU on lot with existing or proposed multifamily and multi-story dwelling
18 ft.

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

Private Open Space, Minimum [7] 48 sq. ft. [2]
Notes:
[1] Calculated as the total floor area ratio on the site, including both the primary dwelling and accessory dwelling unit. An applicant may request simultaneous approval of a new internal accessory dwelling unit and an addition to the primary residence as part of a single application. [2] Standard may not prohibit an accessory dwelling unit with at least eight hundred square feet of floor area. See Section 17.74.040(H) (Guaranteed Allowance).
[3] Setback and height standards apply only to attached and detached accessory dwelling units. Standards do not apply to internal or junior accessory dwelling units.
[4] See also Section 17.74.040(I) (Converting and Replacing Existing Structures) for setback exceptions that apply to an accessory dwelling unit created by converting or replacing an existing structure. [5] See also subsection B of this section (Front Setbacks). [6] A two-story detached accessory dwelling unit greater than sixteen feet in height requires a design permit. [7] Private open space may include screened terraces, decks, balconies, and other similar areas. [8] A maximum height of 18 feet is allowed for a detached accessory dwelling unit on a lot with an existing or proposed single family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional 2 feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

B. Front Setbacks.

1. Any increased front setback requirement that applies to a garage associated with a primary dwelling unit also applies to a garage that serves an accessory dwelling unit, except that increased front setback requirements do not apply to an accessory dwelling unit created by converting or replacing an existing structure. .
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

2. In the R-1 zoning district, front setback exceptions in Riverview Terrace and on Wharf Road as allowed in Section 17.16.030(B) apply to accessory dwelling units.

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

C. Parking.

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

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

2. Outside of Coastal Zone orand in Cliffwood Heights. The following parking provisions apply only to accessory dwelling units outside of the coastal zone and in the Cliffwood Heights neighborhood as shown in Figure 17.74-1.
a. No additional parking is required for an internal or junior accessory dwelling unit. The floor area of an internal or junior accessory dwelling unit shall not be included in the parking calculation for the primary residence.
b. One off-street parking space is required for an attached or detached accessory dwelling unit, except as provided in subsection (C)(2)(c) of this section.
c. No off-street parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit, as defined in Government Code Section 66313(l)5852.2(j)(10). ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle pick-up/drop-off location within one block of the accessory dwelling unit.
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The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. d. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking stalls are not required for the demolished or converted parking structure.

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

Figure 17.74-1: Cliffwood Heights ADU Parking Exclusion Area (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.74.090 Objective design standards.

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

A. Entrance Orientation – Detached ADU. The primary entrance to a detached accessory dwelling unit shall face the front or interior of the parcel unless the accessory dwelling unit is directly accessible from an alley or a public street. 124
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

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

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

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

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

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

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

E. Building Additions to Historic Structures. A building addition to a designated historic resource or potential historic resource as defined in Section 17.84.020 (Types of historic resources) for an attached accessory dwelling unit shall be inset or separated by a connector that is offset at least eighteen inches from the parallel side or rear building wall to distinguish it from the historic structure. (Ord. 1043 § 2 (Att. 2), 2020)

17.74.100 Deviation from standards.

A. When Allowed. The planning commission may approve an accessory dwelling unit that deviates from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards). 125
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

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

A variance is not required. To approve the design permit, the planning commission must make the findings in Section 17.74.110 (Findings). (Ord. 1043 § 2 (Att. 2), 2020)

17.74.110 Findings.

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

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

2. Accessory dwelling units that deviate from one or more standards in Sections 17.74.080 (Development standards) and 17.74.090 (Objective design standards), except for accessory dwelling units approved pursuant to Section 17.74.050 (Units subject to limited standards).

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

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

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

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

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

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

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

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

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

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

10. The project deviation (if applicable) is necessary due to special circumstances applicable to subject property, including size, shape, topography, location, existing structures, or surroundings, and the strict application of this chapter would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1043 § 2 (Att. 2), 2020)

17.74.120 Deed restrictions.

A. Before obtaining a building permitPrior to issuing a certificate of occupancy for an accessory dwelling unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:

1. The accessory dwelling unit may not be used for vacation rentals as defined in Chapter 17.160 (Glossary). 126
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Chapter 17.74 ACCESSORY DWELLING UNITS

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

2. The accessory dwelling unit may not be sold separately from the primary dwelling except as provided in Government Code Section 66340-66342.

3. For junior accessory dwelling units, restrictions on size, owner occupancy requirement, and attributes in conformance with this chapter.

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory dwelling unit.

C. The deed restriction shall lapse upon removal of the accessory dwelling unit. (Ord. 1043 § 2 (Att. 2), 2020)

17.74.130 Incentives.

A. Fee Waivers for Affordable Units.

1. The city may waive development fees for accessory dwelling units that will be rented at levels affordable to low- or very low-income households.

2. Applicants of affordable accessory dwelling units shall record a deed restriction limiting the rent to low- or very low-income levels prior to issuance of a building permit.

3. Landlords of accessory dwelling units shall be relieved of any affordability condition upon payment of fees in the amount previously waived as a result of affordability requirements, subject to an annual Consumer Price Index increase commencing with the date of application for building permit.

B. Historic Properties. The planning commission may allow exceptions to design and development standards for accessory dwelling units proposed on a property that contains a historic resource as defined in Chapter 17.84 (Historic Preservation). To allow such an exception, the planning commission shall approve a design permit and find that the exception is necessary to preserve the architectural character of the primary residence. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.76 PARKING AND LOADING

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

Chapter 17.76

PARKING AND LOADING
Sections:

17.76.010 Purpose.

17.76.020 Applicability.

17.76.030 Required parking spaces.

17.76.040 General requirements.

17.76.050 On-site parking alternatives.

17.76.060 Parking design and development standards.

17.76.070 Parking lot landscaping.

17.76.080 Bicycle parking.

17.76.090 Visitor serving parking.

17.76.100 On-site loading.

17.76.010 Purpose.

This chapter establishes on-site parking and loading requirements in order to:

A. Provide a sufficient number of on-site parking spaces for all land uses.

B. Provide for functional on-site parking areas that are safe for vehicles and pedestrians.

C. Ensure that parking areas are well-designed and contribute to a high-quality design environment in Capitola.

D. Allow for flexibility in on-site parking requirements to support a multi-modal transportation system and sustainable development pattern.

E. Ensure that on-site parking areas do not adversely impact land uses on neighboring properties. (Ord. 1043 § 2 (Att. 2), 2020)

17.76.020 Applicability.

This chapter establishes parking requirements for three development scenarios: establishment of new structures and uses, replacement of existing uses, and expansion and enlargement of existing structures and uses.

A. New Structures and Uses. On-site parking and loading as required by this chapter shall be provided any time a new structure is constructed or a new land use is established.

B. Replacing Existing Uses.

1. Mixed Use Village Zoning District.
a. Where an existing residential use is changed to a commercial use in the mixed use village (MU-V) zoning district, parking shall be provided for the full amount required by the new use. No space credit for the previous use may be granted.
b. In all other changes of use in the mixed use village (MU-V) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.

2. Other Zoning Districts. Where an existing use is changed to a new use outside of the mixed use village (MUV) zoning district, additional parking is required to accommodate the incremental intensification of the new use. Additional parking is not required to remedy parking deficiencies existing prior to the change in use.

C. Expansions and Enlargements.

1. Nonresidential Use.
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Chapter 17.76 PARKING AND LOADING

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. a. Where an existing structure with a nonresidential use is expanded or enlarged, additional parking is required to serve only the expanded or enlarged area, except as allowed by subsection (C)(1)(b) of this section.
b. Within the mixed use village (MU-V) zoning district, an eating and drinking establishment may expand by up to twenty percent of the existing floor area of the business without providing additional parking.

Permitted expansions include modification of the internal building layout to enlarge the dining area, additions to the size of the business within an existing building footprint, and new outdoor dining areas.

This provision applies only to a single expansion of floor area. Subsequent expansions must provide additional parking.

2. Residential Use. For an existing structure with a residential use, the full amount of parking to serve the use is required when the floor area is increased by more than ten percent. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)

17.76.030 Required parking spaces.

A. Mixed Use Village Zoning District. All land uses in the mixed use village (MU-V) zoning district shall provide the minimum number of on-site parking spaces as specified in Table 17.76-1. Required parking for uses not listed in Table 17.76-1 shall be the same as required for land uses in other zoning districts as shown in Table 17.76-2.

Table 17.76-1: Required On-Site Parking in the Mixed Use Village Zoning District Land Uses
Number of Required Parking Spaces
Mixed Use Village (MU-V)
Retail 1 per 240 sq. ft.

Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking; 1 per 240 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 240 sq. ft.

Personal Services 1 per 240 sq. ft.

Hotels
With more than 20 guest rooms As determined by a parking demand study [1] With 20 or fewer guest rooms 1 per guest room plus additional spaces as required by the planning commission Note:
[1] The parking demand study shall be paid for by the applicant, contracted by the city, and approved by the planning commission. In the coastal zone, in all cases, hotel development shall provide adequate parking as determined by the planning commission.

B. Other Zoning Districts. Land uses in zoning districts other than the mixed use village zoning district shall provide a minimum number of on-site parking spaces as specified in Table 17.76-2. 129
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Chapter 17.76 PARKING AND LOADING

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

Table 17.76-2: Required On-Site Parking in Other Zoning Districts Land Uses Number of Required Parking Spaces
Residential Land Uses
Duplex Homes 2 per unit, 1 covered
Elderly and Long-Term Care 1 per 6 beds plus 1 per 300 sq. ft. of office Group Housing (includes single-room occupancy) 1 per unit plus 1 guest space per 6 units Micro-units 0.5 per unit within one-quarter mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21064.3; 1 per unit all other locations
Mobile Home Parks 1 per unit plus 1 per office and 1 guest space per 10 units Multifamily Dwellings 500 sq. ft. or less: 1 per unit
501 – 750 sq. ft.: 1.5 per unit
751 sq. ft. or more: 2 per unit

2.5 per unit, 1 covered
Residential Care Facilities, Small 0.5 per1 per 3 beds plus 1 per 300 sq. ft. of office. None required for transitional housing located one-half mile of a public transit stop
Residential Care Facilities, Large 0.5 per bed plus 1 per 300 sq. ft. of office Accessory Dwelling Units See Chapter 17.74 (Accessory Dwelling Units) Single-Family Dwellings 1,500 sq. ft. or less: 2 per unit 1,501 – 2,000 sq. ft. or more : 2 per unit, 1 covered
2,001 – 2,600 sq. ft.: 3 per unit, 1 covered
2,601 sq. ft. or more: 4 per unit, 1 covered
All other age-restricted senior housing (excludes elderly and long-term care, group housing, and residential care facilities)

1.5 per unit
Public and Quasi-Public Land Uses
Community Assembly 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats.

See also 17.76.030(G) (Religious Institution Affiliated Housing Development Projects)
Cultural Institutions As determined by a parking demand study Day Care Centers 1 per 400 sq. ft. of floor area used for daycare and 1 per employee Government Offices 1 per 300 sq. ft.

Home Day Care, Large 1 per each nonresident employee
Home Day Care, Small None beyond minimum for residential use Medical Offices and Clinics 1 per 300 sq. ft.

Parks and Recreational Facilities As determined by a parking demand study Public Safety Facilities As determined by a parking demand study Schools, Public or Private 2 per classroom
Commercial Land Uses
Banks and Financial Institutions 1 per 300 sq. ft.

Business Services 1 per 300 sq. ft.
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Chapter 17.76 PARKING AND LOADING

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

Land Uses Number of Required Parking Spaces
Commercial Entertainment and Recreation 1 per 3 fixed seats, or 1 per 40 sq. ft. of assembly area for uses without fixed seats Eating and Drinking Establishments
Bars and Lounges 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Restaurants and Cafes 1 per 60 sq. ft. of floor area for dining and/or drinking 1 per 300 sq. ft. for all other floor area
Take-Out Food and Beverage 1 per 300 sq. ft. of gross floor area Food Preparation 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office area Gas and Service Stations 2 for gas station plus 1 per 100 sq. ft. of retail and as required for vehicle repair Lodging
Bed and Breakfast 1 per guest room plus parking required for residential use Hotel 1 per guest room plus 1 per 300 sq. ft. of office Maintenance and Repair Services 1 per 600 sq. ft.

Personal Services 1 per 300 sq. ft.

Professional Offices 1 per 300 sq. ft.

Salvage and Wrecking 1 per 500 sq. ft. of building area plus 1 per 0.5 acre of outdoor use area Self-Storage 1 per 5,000 sq. ft.

Retail 1 per 300 sq. ft. of customer area
Vehicle Repair 1 per 500 sq. ft. of nonservice bay floor area plus 2 per service bay Vehicle Sales and Rental 1 per 300 sq. ft. for offices plus 1 per 1,000 sq. ft. of display area and requirements for vehicle repair where applicable
Wholesale 1 per 5,000 sq. ft.

Heavy Commercial and Industrial Land Uses
Construction and Material Yards 1 per 2,500 sq. ft.

Custom Manufacturing 1 per 2,000 sq. ft., plus 1 per 300 sq. ft. of office Light Manufacturing 1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office Warehouse, Distribution, and Storage Facilities 1 per 1,500 sq. ft.

Transportation, Communication, and Utility Uses
Utilities, Major As determined by a parking demand study Utilities, Minor None
Recycling Collection Facilities 1 per 1,000 sq. ft. of floor area Wireless Communications Facilities None
Other Uses
Accessory Uses Same as primary use
Home Occupation None beyond requirement for residence
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Capitola Municipal Code
Chapter 17.76 PARKING AND LOADING

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

Land Uses Number of Required Parking Spaces
Quasi-Public Seating Areas None
Temporary Uses As determined by review authority
Urban Agriculture
Home Gardens None beyond requirement for residence
Community Gardens None
Urban Farms As determined by a parking demand study
C. Calculation of Required Spaces.

1. Floor Area. Where a parking requirement is a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated. The floor area of a use shall be calculated as described in Section

17.48.040 (Floor area and floor area ratio). Floor area for the area of the required parking space (i.e., ten feet by twenty feet) and up to one hundred twenty-five square feet of ancillary space within garages and other parking facilities are not included in the calculation of floor area for the purpose of determining on-site parking requirements.

2. Employees. Where a parking requirement is stated as a ratio of parking spaces to employees, the number of employees is based on the largest shift that occurs in a typical week.

3. Seats. Where a parking requirement is stated as a ratio of parking spaces to seats, each twenty-four inches of bench-type seating at maximum seating capacity is counted as one seat.

4. Fractional Spaces. In determining the number of required parking, fractions of spaces over one-half shall be rounded up to the next whole number.

D. Unlisted Uses. The parking requirement for land uses not listed in Tables 17.76-1 and 17.76-2 shall be determined by the community development director based on the requirement for the most comparable similar use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.

E. Sites with Multiple Uses. Where more than one land use is conducted on a site, the minimum number of required on-site parking spaces shall be the sum of the number of parking spaces required for each individual use.

F. Additional Required Parking. The planning commission may require more on-site parking than required by Tables 17.76-1 and 17.76-2 if the planning commission determines that additional parking is needed to serve the proposed use and to minimize adverse impacts on neighboring properties. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
G. Religious Institution Affiliated Housing Development Projects. See Section 17.96.230 (Housing on Religious Facilities Sites) for parking requirements for a religious institution affiliated housing development project.

17.76.040 General requirements.

A. Availability and Use of Spaces.

1. In all zoning districts, required parking spaces shall be permanently available and maintained to provide parking for the use they are intended to serve.

2. Owners, lessees, tenants, or persons having control of the operation of a use for which parking spaces are required shall not prevent or restrict authorized persons from using these spaces.

3. A conditional use permit is required to designate parking spaces for exclusive use by an individual tenant within an integrated commercial complex.
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Capitola Municipal Code
Chapter 17.76 PARKING AND LOADING

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

4. Required parking spaces shall be used exclusively for the temporary parking of vehicles and shall not be used for the sale, lease, display, repair, advertising, or storage of vehicles, trailers, boats, campers, mobile homes, merchandise, or equipment, or for any other use not authorized by the zoning code.

B. Parking in Front and Exterior Side Setback Areas.

1. R-1 Zoning District. In the R-1 zoning district, the width of a parking space in the required front or exterior side setback area may not exceed forty percent of lot width up to a maximum of twenty feet, except that all lots may have a parking space of up to fourteen feet in width regardless of lot width. See Figure 17.76-1. The planning commission may allow a larger parking area within the required front and exterior side setback areas with a design permit if the larger parking area incorporates design features, such as impervious materials and enhanced landscaping, which minimize visual impacts to the neighborhood.

Figure 17.76-1: Parking in Front Setback Area in R-1 Zoning District

2. Other Zoning Districts.
a. In all zoning districts other than the R-1 zoning district, required parking spaces may not be located within required front or exterior side setback areas.
b. In the mixed use village zoning district, parking may be located adjacent to the street-facing property line in accordance with Section 17.20.030(E)(5) (Parking Location and Buffers). c. In the mixed use neighborhood zoning district, parking may be located in the front or exterior side setback area if approved by the planning commission in accordance with Section 17.20.040(E) (Parking Location and Buffers).

C. Location of Parking.

1. All Zoning Districts. Required parking spaces may not be located within any public or private right-of-way unless located in a sidewalk exempt area and if an encroachment permit is granted.

2. R-1 Zoning District. Required parking spaces in the R-1 zoning district shall be on the same parcel as the use that they serve.

3. MU-V Zoning District. Required parking in the MU-V district for new development and intensified uses shall be provided in compliance with the following:
a. The planning commission may approve on-site parking as follows:
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Item 8 C.

Capitola Municipal Code
Chapter 17.76 PARKING AND LOADING

The Capitola Municipal Code is current through Ordinance 1063, passed September 28, 2023. i. For property fronting a Commercial Core street shown in Figure 17.76-2, on-site parking is allowed if access to parking is from a side street, alleyway, or existing driveway cut. New driveway cuts are prohibited along a Commercial Core street frontage.

Figure 17.76-2: MU-V Parking Location Map
ii. For the Capitola Theater and Mercantile sites, on-site parking is allowed if parking areas are located on the interior of the site(s) and do not directly abut a Commercial Core street. Driveway cuts to serve on-site parking are limited to one cut per site; however, the planning commission may approve 134
Item 8 C.

Capitola Municipal Code
Chapter 17.76 PARKING AND LOADING