Chapter 17.21
C-V CENTRAL VILLAGE DISTRICT

Sections:

17.21.010    Applicability.

17.21.020    Purpose.

17.21.030    Architectural and site review.

17.21.035    Location of business activities.

17.21.040    Principal permitted uses.

17.21.045    Principal permitted uses – Residential overlay district.

17.21.050    Accessory uses.

17.21.060    Conditional uses.

17.21.061    Conditional uses in the residential overlay district.

17.21.070    Development standards.

17.21.080    Height regulations.

17.21.090    Lot area.

17.21.100    Lot coverage.

17.21.110    Yards.

17.21.120    Parking.

17.21.130    Loading areas.

17.21.140    Valet Parking.

*    Prior ordinance history: Ord. 388, §§ 7.01 – 7.07, as amended by 447, 515, 533 and 608.

17.21.010 Applicability.

The regulations set forth in this chapter apply in all C-V districts. (Ord. 622 Exhibit A (part), 1987)

17.21.020 Purpose.

The purpose of the C-V zoning district is to promote the family-oriented residential/commercial mix which has created the unique qualities of the village. Commercial activity should serve both Capitola residents and visitors. The balance of coastal visitor-related uses and services with those that serve the permanent residents is critical to maintaining the village as it presently exists. (Ord. 685 § 16, 1989; Ord. 622 Exhibit A (part), 1987)

17.21.030 Architectural and site review.

Architectural and site approval shall be secured for the establishment and conduct of any principal permitted, accessory, or conditional use in C-V districts, as provided in Chapter 17.63, and in the Central Village District Guidelines dated July, 1986, a copy of which are on file with the community development director. (Ord. 671, 1988; Ord. 622 Exhibit A (part), 1987)

17.21.035 Location of business activities.

There shall be no business activities such as the display of merchandise, selling of food, or placing tables and chairs outside the enclosed premises of the business unless a conditional use permit for the outdoor display of merchandise, take-out window or outdoor seating has been obtained from the city. (Ord. 740 § 1, 1992)

17.21.040 Principal permitted uses.

The following are principal permitted uses in the C-V district, not including residential overlay areas:

A. Residential uses on first or second floor;

B. Professional, general administrative and business offices on the first or second floor;

C. New retail business establishment, and small personal service establishment, such as small retail shops and stores, including retail bakeries and beach equipment rental businesses conducted indoors, on the first floor only;

D. New art galleries on the first floor only;

E. Vacation rentals of residential units. (Ord. 740 § 2, 1992; Ord. 622 Exhibit A (part), 1987)

17.21.045 Principal permitted uses – Residential overlay district.

The following are principal permitted uses in the residential overlay district:

A. Six Sisters District:

1. Residential uses (including weekly vacation rental) only.

B. Venetian Court district:

1. Residential uses (including weekly vacation rental) only with the exception of the existing motel which may not be expanded or intensified.

C. Lawn Way:

1. Residential uses (including weekly vacation rentals) only.

D. Riverview Avenue District:

1. Residential uses (including weekly vacation rentals) only.

E. Cliff Drive District:

1. Residential uses (including weekly vacation rental) only, with the exception of the existing motel which may not be expanded or intensified.

F. Cherry Avenue District:

1. Residential uses (including weekly vacation rental) only. (Ord. 740 § 3, 1992; Ord. 622 Exhibit A (part), 1987)

17.21.050 Accessory uses.

The following are accessory uses permitted in a C-V district:

A. Signs complying with the applicable regulations set forth in this chapter and the Central Village Design Guidelines;

B. Accessory uses and buildings customarily appurtenant to a permitted use, provided that no accessory use shall be offensive or objectionable because of odor, dust, smoke, noise or vibration. (Ord. 740 § 4, 1992; Ord. 622 Exhibit A (part), 1987)

17.21.060 Conditional uses.

The following are conditional uses in a C-V district, subject in each case to the securing of a use permit, as provided in Chapter 17.60:

A. Restaurants, including take-out restaurants or adding a take-out window to an existing restaurant use;

B. Motels and hotels;

C. Commercial entertainment establishments, such as theaters and amusement centers conducted within a closed building;

D. Business establishments that sell or dispense alcoholic beverages;

E. Beach equipment rental businesses conducted outdoors;

F. Any activity which includes any significant alteration of a historic feature;

G. Bed-and-breakfast home occupations;

H. Home occupations;

I. New limited repair services conducted entirely within enclosed buildings, primarily to serve family needs, on the second floor;

J. New retail business establishments and small personal service establishments, such as small retail shops and stores, including retail bakeries and beach equipment rental businesses conducted indoors, on the second floor;

K. New art galleries on the second floor;

L. Display of merchandise or other outdoor activity such as outdoor seating for a restaurant or other food establishment located in this district. (Ord. 740 § 6, 1992; Ord. 677 § 6(A), 1989; Ord. 622 Exhibit A (part), 1987)

17.21.061 Conditional uses in the residential overlay district.

The following are conditional uses in the Riverview Avenue and Cherry Avenue overlay districts (see Section 17.21.100(B):

A. Home occupations subject to Section 17.03.310; B. Bed and breakfast use subject to Section 17.03.085. (Ord. 677 § 6(B), 1989)

17.21.070 Development standards.

Development standards shall be set forth in the Central Village Design Guidelines adopted by the city council on January 22, 1987, for the district. Structures destroyed by fire or natural disaster; provided, that the replacement structure is of the same size and in the same location, shall be given special consideration and may be exempted from Design Guideline requirements. To carry out the purposes of the zoning district first floor commercial uses shall not be converted to residential uses. (Ord. 691 § 2, 1990; Ord. 622 Exhibit A (part), 1987)

17.21.080 Height regulations.

No structure shall exceed twenty-seven feet in height in the C-V zone, except when a restoration of a historic building of Capitola exceeding the height limitation is proposed and has been recommended for approval by the planning commission. In any case, such structures shall provide for adequate light and air, and shall provide for considerations of view from adjacent properties. (Ord. 740 § 7, 1992; Ord. 622 Exhibit A (part), 1987)

17.21.090 Lot area.

There shall be no specific minimum lot area required in the C-V zone, except that there shall be sufficient area to satisfy any off-street parking and loading area requirements as established in the city’s parking ordinance. (Ord. 622 Exhibit A (part), 1987)

17.21.100 Lot coverage.

There shall be no specific maximum lot coverage in the C-V zone, except as follows:

A. Sufficient space shall be provided to satisfy offstreet parking and loading area requirements, notwithstanding that all parking may be provided within a structure or structures.

B. In the Riverview Avenue residential overlay district:

1. The small lots on the north side of Riverview Avenue shall allow ninety percent development of the lot without any specific setback requirements. The ten percent open space shall be located in the front part of the lot.

2. Lots on the south side of Riverview Avenue which are smaller than one thousand two hundred square feet shall be allowed eighty percent lot coverage. Lots which are greater than one thousand two hundred square feet shall be allowed seventy percent lot coverage. When calculating square footage for development, lot size shall not include parcels on the river side of the pathway.

“Lot coverage” shall be defined as the footprint of the building and area used to meet the parking requirements of the use. Garages, carports, the portion of any basement that exceeds two hundred fifty gross square feet excluding the access stairway, or open parking spaces used to meet the parking requirements are included as the actual square footage. Driveway approaches and sidewalks are not included in the lot coverage. For example: A thirty-foot by one-hundred-foot lot is three thousand square feet. A seventy percent lot coverage means a two thousand one hundred square foot footprint would be allowed. This typically would provide three-foot side yard setbacks (six hundred square feet) and a ten-foot front yard setback (three hundred square feet). However, flexibility is allowed in locating the structure.

C. In the Cherry Avenue residential overlay area:

1. Lots of less than one thousand square feet shall be allowed ninety percent lot coverage. Lots between one thousand one and two thousand square feet shall be allowed eighty percent lot coverage. Lots over two thousand square feet shall be allowed seventy-five percent lot coverage. For example, a thirty-foot by seventy-foot lot is two thousand one hundred square feet, which allows seventy-five percent lot coverage. A building footprint of one thousand five hundred seventy-five square feet may be developed, which provides three-foot side yard setbacks (four hundred twenty square feet), and a front yard setback of 5.1 feet (one hundred fifty-five square feet)

The definition of “lot coverage” is the footprint of the building and area used to meet the parking requirements of the use. Garages, carports or open space parking used to meet the parking requirements are included as the actual square footage. Driveway approaches and sidewalks are not included in lot coverage. (Ord. 774 § 3, 1995; Ord. 677 § 6(C), 1989; Ord. 622 Exhibit A (part), 1987)

17.21.110 Yards.

There shall be no yard requirements in the C-V zone, except that: (1) ten percent of lot area shall be developed as landscaped open area, at least partially fronting on, and open to, the street. No portion of this landscaped area shall be used for off-street parking, and (2) a minimum front open space for the northerly side of the first two hundred fifty feet of Cliff Drive, west of the intersection of Wharf Road, shall be ten feet. (Ord. 757 § 2, 1993; Ord. 622 Exhibit A (part), 1987)

17.21.120 Parking.

Parking requirements for buildings in the C-V zone shall be as provided in Chapter 17.51, and Section 17.21.140 and as required by this chapter:

A. Parking shall be provided for any change in use from residential to commercial, for the full amount required by the commercial operation. No space credit for the previous use will be granted.

B. When a substantial remodel or reconstruction of a building is done for reasons other than fire or natural disaster, parking requirements for the entire structure shall be provided.

C. Required parking for new users shall be provided at sites outside the village area, but within walking distance or at remote sites served by a shuttle system; exceptions to permit on site parking may be made for:

1. Nonhistoric structures in residential areas bounding the central commercial district of the village; and

2. For the Capitola Theater site and mercantile site as shown on the village residential overlay zone addendum map and providing that site designs shall provide for minimizing driveway cuts and for ground floor street frontage commercial development with parking areas/structures on the interior of the sites; and

3. If mandated under Federal Emergency Management Agency regulations and as consistent with the certified LCP. (Ord. 941 § 1, 2009; Ord. 677 § 6(D), 1989; Ord. 622 Exhibit A (part), 1987)

17.21.130 Loading areas.

Loading areas in the C-V zone shall be as provided in Chapter 17.51. (Ord. 622 Exhibit A (part), 1987)

17.21.140 Valet Parking.

The city may designate two village metered parking spaces, or similar space to allow for the operation of a valet parking program. (Ord. 941 § 2, 2009)