Chapter 17.18


17.18.010    Applicability.

17.18.020    Purpose.

17.18.030    Architectural and site review.

17.18.040    Principal permitted uses.

17.18.050    Accessory uses.

17.18.060    Conditional use permits.

17.18.070    Development standards.

17.18.080    Height regulations.

17.18.090    Lot area and dimensions.

17.18.100    Site area per dwelling unit.

17.18.110    Lot coverage.

17.18.120    Front yards.

17.18.130    Side yards.

17.18.140    Rear yard.

17.18.150    Landscaping.

17.18.160    Open space.

17.18.170    Lot dimension determination.

17.18.180    Yard encroachments.

17.18.190    Garages and accessory buildings.

17.18.200    Parking.

17.18.210    Loading areas.

17.18.010 Applicability.

The regulations set forth in this chapter apply in all R-M districts, and for multiple-residential uses in other districts. (Ord. 388 § 6.01, 1975)

17.18.020 Purpose.

The purpose of the R-M districts is to stabilize the residential area, to encourage urban densities in specific areas, to promote an environment suitable for family life within such densities, and to insure sufficient open space for residential uses of all types. (Ord. 388 § 6.02, 1975)

17.18.030 Architectural and site review.

A design permit for architectural and site review approval shall be secured for the establishment and conduct of any principal permitted, accessory or conditional use in all R-M districts as provided in Chapter 17.63. (Ord. 873 § 2, 2004; Ord. 448 § 4, 1979; Ord. 436, 1978; Ord. 388 § 6.03, 1975)

17.18.040 Principal permitted uses.

The following are principal permitted uses in an R-M district:

A. Multiple-family residential dwellings;

B. Single-family dwellings, subject to the development standards contained in Chapter 17.15, R-1 Single-family Residence District including secondary dwelling units as allowed in the R-1 district pursuant to Chapter 17.99;

C. Small family day care homes;

D. Small community care residential facilities. (Ord. 882 § 1, 2005; Ord. 873 § 3, 2004; Ord. 608 § 5, 1986; Ord. 388 § 6.04, 1975)

17.18.050 Accessory uses.

The following are accessory uses permitted in an R-M district:

A. Signs complying with the applicable regulations set forth in the municipal sign ordinance;

B. Accessory uses and buildings customarily appurtenant to a permitted use such as private garages. (Ord. 388 § 6.05, 1975)

17.18.060 Conditional use permits.

The following are conditional uses in an R-M district and, with the exception of large family day care homes, are subject to the securing of a use permit as provided in Chapter 17.60. Large family day care homes are subject to the securing of a use permit as provided in Section 17.15.060(F):

A. Private schools which offer instruction in several branches of learning and study required to be taught in the public schools by the Educational Code of the state of California, exclusive of vocational and trade subjects; nursery schools; day care centers and private, nonprofit recreation areas. The total number of occupants shall be established by the conditional use permit;

B. Churches and religious institutions;

C. Lodging facilities;

D. Convalescent hospitals, nursing homes;

E. Large family day care homes subject to the securing of a permit as provided in Section 17.15.060(F), large community care residential facilities (subject to the special conditions in Section 17.15.060(G));

F. Children’s nursery schools;

G. Social halls;

H. Mobile home parks subject to the following special conditions, in addition to those standards specified in Chapter 17.60:

1. The application fee for conditional use permit for a mobile home park may be determined by resolution of the city council.

2. The application for a use permit shall be accompanied by a map of the property to be developed at a scale of one inch equals one hundred feet, or similar appropriate scale, and showing and giving the following information and data:

a. Name and address of applicant,

b. Graphic scale, north point and date,

c. A line circumscribed three hundred feet beyond the outermost boundaries of the parcel in question,

d. Property lines, area and assessment number of all parcels of land which lie within this area,

e. Public rights-of-way and public or private easements that lie within this area,

f. To this map shall be attached a list of the names and addresses of the property owners whose property, or any part or portion thereof, lies within this area, such names and addresses to be keyed to the parcel assessment numbers shown on this map.

3. A public hearing shall be held by the planning commission with notification made as specified in Section 17.60.070, and in addition, a postal card notice shall be mailed no less than ten days prior to the date of such hearing to the owner or owners of all property, or portions thereof, within a radius of three hundred feet of the outermost boundaries of the parcel in question as above described. Such notices shall consist of the words “NOTICE OF PUBLIC HEARING ON APPLICATION FOR USE PERMIT TO ESTABLISH A MOBILE HOME PARK” and shall set forth the description of the property to be so developed, with the name of the applicant and the time and place of the hearing before the planning commission. Upon completion shall submit its recommendation to the city council that the use permit be granted or denied;

I. Reserved;

J. Reserved;

K. Any activity which includes any significant alteration of an historic feature;

L. Bed and breakfasts, subject to Section 17.03.085 requirements.

M. “Transient rental use,” as defined in Section 17.03.686, on properties located within the TRO transient rental use overlay district, subject to the standard conditions set forth in Chapter 17.19 of this code and any additional conditions as determined by the planning commission:

1. The maximum number of persons that may occupy the unit shall be determined by the planning commission and may not be exceeded.

2. Providing adequate parking (as determined by the planning commission), whether on site or by Pacific Cove parking permit.

3. The conditional use permit holder must designate a person who has authority to control the property and represent the landlord. This “responsible person” must be available at all reasonable times to receive and act on complaints about the activities of the tenants.

4. A business license and transient occupancy tax registration are obtained.

5. Only one sign per unit, not to exceed one square foot in size, shall be permitted to advertise the transient rental.

N. Large community care residential facilities, subject to the special conditions in Section 17.15.060(G). (Ord. 882 § 1, 2005; Ord. 878 § 3, 2004; Ord. 873 § 4, 2004; Ord. 708 § 2, 1991; Ord. 696 § 2, 1990; Ord. 608 § 6, 1986; Ord. 553 (part), 1983; Ord. 515 § 5 (part), 1982; Ord. 421 (part), 1977; Ord. 388 § 6.06, 1975)

17.18.070 Development standards.

The development standards set forth in Sections 17.18.080 through 17.18.210 shall apply for the development of multiple units on a single site in an R-M district. The development of a single-family home on a site in the R-M district shall be governed by the process and standards contained in Chapter 17.15, “R-1 Single-Family Residence District.” (Ord. 873 § 5, 2004; Ord. 388 § 6.07 (part), 1975)

17.18.080 Height regulations.

A. RM-LM. No structure shall exceed thirty feet in height.

B. RM-M. No structure shall exceed thirty feet in height.

C. RM-H. No structure shall exceed thirty-five feet in height.

D. Any structure in excess of three stories or forty feet in height shall be a conditional use in an R-M district subject, in each case, to the securing of a use permit as provided in Chapter 17.60. (Ord. 642 § 2, 1987; Ord. 388 § 6.07(a), 1975)

17.18.090 Lot area and dimensions.

A. Except as hereafter provided, the minimum lot area for a structure containing one or more dwelling units shall be five thousand one hundred square feet; the minimum lot width fifty feet; the minimum lot depth one hundred feet.

B. Lots legally formed prior to June 26, 1969 shall not be subject to the requirements of subsection A of this section. However, such lots shall nevertheless be subject to all other regulations in this title and especially subject to subsection A of this section. Nothing contained in this subsection shall affect state law or Capitola ordinances dealing with the merger of contiguously owned lots. (Ord. 420 (part), 1977; Ord. 388 § 6.07(b), 1975)

17.18.100 Site area per dwelling unit.

The minimum site area per dwelling unit for each district shall be as follows:

A. RM-LM. Four thousand four hundred square feet (low-medium density);

B. RM-M. Two thousand nine hundred square feet (medium density) formerly RM-3000 district;

C. RM-H. Two thousand two hundred square feet (high density) formerly RM-2000 and RM-1000 district. (Ord. 388 § 6.07(c), 1975)

17.18.110 Lot coverage.

Maximum lot coverage including accessory buildings and other structures shall be forty percent. The first two hundred fifty gross square feet of a basement, including the measurements of the access stairway, shall not be included when calculating lot coverage. Only the portion of a basement that exceeds two hundred fifty gross square feet shall be included in the lot coverage calculations. (Ord. 774 § 2, 1995; Ord. 388 § 6.07(d), 1975)

17.18.120 Front yards.

A. Front yard for a one-story structure, except as otherwise specified, shall not be less than fifteen feet. For each additional story, the minimum front yard shall be increased two percent of the lot depth to a maximum of twenty percent of the lot depth or twenty feet, whichever is less.

B. In cases where proposed building line for the street(s) upon which any lot faces is established by ordinance, then the front yard(s) shall be measured from the proposed building line.

C. The minimum front yard, except as otherwise specified, shall not be less than twenty feet in depth for the width of a garage or covered carport. (Ord. 388 § 6.07(e) (1, 2, 3), 1975)

17.18.130 Side yards.

Side yards for a one-story structure shall each be not less than ten percent of the lot width. For each additional story, the minimum side yards shall be increased two percent of the lot width to a maximum of twenty percent of the lot width or ten feet, whichever is less. (Ord. 388 § 6.07(e)(4), 1975)

17.18.140 Rear yard.

Rear yard for a one-story structure shall be not less than fifteen percent of the lot depth. For each additional story, the minimum rear yard shall be increased two percent of the lot depth to a maximum of twenty-five percent of the lot depth or twenty feet, whichever is less. (Ord. 388 § 6.07(e)(5), 1975)

17.18.150 Landscaping.

Screen planting and additional landscaping shall be encouraged in all yard areas to insure privacy for all residents. (Ord. 388 § 6.07(e)(6), 1975)

17.18.160 Open space.

A. Usable Open Space. Not less than fifty percent of the required rear yard shall be developed as usable open space, fully landscaped and accessible to the residents of the structure(s) on the site. The least dimension of this usable open space shall be fifteen feet. Fully developed roof terraces and roof gardens shall be allowed to provide up to one-half of the area of usable open space.

B. Private Open Space. In addition to yard requirement and usable open space requirements as provided in this chapter, minimum private open space in the form of screened terraces, decks or balconies shall be provided as follows:

1. Not less than fifty percent of dwelling units shall be provided with individual open space;

2. Each private open space shall have a minimum area of forty-eight square feet, with a least dimension of four feet. (Ord. 388 § 6.07(e)(7), 1975)

17.18.170 Lot dimension determination.

For the purposes of this chapter, lot depth shall be the average length of the side property lines which run approximately perpendicular to the street, and the lot width shall be the average length of the front and rear property lines. In the case of an odd-shaped lot, the city planner shall determine the lot depth and width using the criteria for normally-shaped lots as a guide-line. Anyone affected by the city planner’s determination may file within ten days of the determination a written appeal the planning commission, which shall consider and decide the matter. No fee shall be required. (Ord. 388 § 6.07(e)(8), 1975)

17.18.180 Yard encroachments.

Nothing permitted in yard encroachments shall allow an increase in coverage or a decrease in required open space.

A. Cornices, eaves, fireplaces, stairways, decks, and fire escapes, balconies and similar architectural features, but not including any flat wall or window surface such as bay windows or project closets, may extend into any required side yard a distance not exceeding two feet, or into any required front or rear yard a distance not exceeding four feet.

B. The development standards set forth in Section 17.18.190 shall apply for detached garages and accessory buildings. (Ord. 388 § 6.07(f), 1975)

17.18.190 Garages and accessory buildings.

Garages and accessory buildings may not be used for human habitation. (Ord. 388 § 6.07(g), 1975)

17.18.200 Parking.

Parking standards shall be as provided in Chapter 17.51. (Ord. 388 § 6.07(h), 1975)

17.18.210 Loading areas.

Loading areas shall be as provided in Chapter 17.51. (Ord. 388 § 6.07(i), 1975)