Chapter 17.96
SUPPLEMENTAL STANDARDS Revised 4/23
Sections:
17.96.050 Intersection sight distance.
17.96.060 Large commercial land uses.
17.96.070 Repealed. Revised 4/23
17.96.080 Large residential care facilities.
17.96.090 Offshore oil development support facilities.
17.96.100 Permanent outdoor displays.
17.96.120 Placement of underground utilities. Revised 4/23
17.96.130 Recycling collection facilities.
17.96.140 Self-storage facilities.
17.96.150 Solar energy systems.
17.96.160 Soquel Creek Riverview Pedestrian Pathway.
17.96.170 Outdoor dining in public right-of-way.
17.96.180 Temporary uses and structures.
17.96.190 Generators. Revised 4/23
17.96.010 Purpose.
This chapter establishes supplemental standards for land uses, activities, and development that apply in all zoning districts. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.020 Animal keeping.
A. General Standards. The following standards apply to the keeping of all animals in Capitola:
1. Public Health and Safety. It shall be unlawful and shall constitute a nuisance to keep any animal that poses a threat to public health or safety.
2. Animal Noise. In addition to the standards in Chapter 9.12 (Noises), no animal may disturb neighbors with its noise between sunset and one-half hour after sunrise.
3. Sanitation. It shall be unlawful and shall constitute a nuisance for any person to keep animals in an unsanitary manner or produce obnoxious odors. All debris, refuse, manure, urine, food waste, or other animal byproduct shall be removed from all the premises every day or more often as necessary.
4. Property Confinement. Animals other than household pets, where allowed, shall be confined to the property within a fenced yard.
B. Household Pets.
1. Compliance with General Standards. The keeping of dogs, cats, domesticated birds, rabbits, rodents, reptiles and amphibians, potbelly pigs less than one hundred fifty pounds, and other household pets is permitted provided they comply with subsection A of this section.
2. Maximum Number. A maximum of four of each type of household pet with a maximum of eight pets total is permitted in a single dwelling unit.
C. Chickens.
1. Permitted Location. Keeping of chickens is permitted only on properties of five thousand square feet or more occupied by a single-family dwelling.
2. Prohibitions on Roosters. Only hens are permitted pursuant to this chapter. Roosters are prohibited.
3. Number of Chickens. A maximum of four chickens is permitted on a single property.
4. Enclosure Requirement. Chickens shall be kept in a coop which is sufficient to contain chickens. When outside of a coop, chickens shall be confined to the property within a fenced yard.
5. Location of Coops.
a. Chicken coops must be located behind the primary structure on the lot.
b. Chicken coops may not be located within a required front and side setback area or closer than twenty feet to dwelling units on adjacent properties.
D. Honeybees.
1. Permitted Location. Keeping of beehives is permitted only on properties occupied by a single-family dwelling.
2. Minimum Lot Size and Number of Hives. A maximum of one beehive is permitted on properties of at least five thousand square feet.
3. Location of Beehives. Beehives shall be located behind the primary structure on the property. Beehives shall not be located closer than twenty feet to dwellings on adjacent properties or five feet from a property line.
E. Prohibited Animals. Keeping the following animals is prohibited:
1. Roosters, fowl other than chickens and ducks, goats, pigs other than potbelly pigs, and other livestock.
2. Wild animals as defined in Section 2118 of the California Fish and Game Code, except when authorized by the State Department of Fish and Game under Fish and Game Code Section 2150 et seq. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.030 Emergency shelters.
Emergency shelters will comply with the following standards:
A. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.
B. Physical Characteristics. Emergency shelters shall comply with applicable state and local housing, building, and fire code requirements.
C. Security. Facilities shall have on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.
D. Laundry Facilities. Facilities shall provide laundry facilities or services adequate for the number of residents.
E. Common Facilities. Facilities shall contain amenities appropriate to the population to be served to include the following:
1. Central cooking and dining room.
2. Recreation room.
3. Counseling services.
4. Child care facilities.
5. Other support services.
F. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m.
G. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with city requirements for accessory refuse structures. The storage area shall accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the community development director. The refuse enclosure shall be accessible to refuse collection vehicles.
H. Emergency Shelter Provider. The agency or organization operating the emergency shelter shall comply with the following requirements:
1. Temporary shelter shall be available to residents for no more than six months.
2. Staff and services shall be provided to assist residents to obtain permanent shelter and income.
3. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, and permitting department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrated compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.
I. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.
J. Transportation Plan. A transportation plan is required.
K. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.
L. Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per occupant.
M. Development Standards. An emergency shelter must comply with all development standards in the industrial (I) zoning district. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.040 Home occupations.
A. Required Permit. An administrative permit is required to establish or operate a home occupation.
B. Standards. All home occupations shall comply with the following standards:
1. Size. Home occupations may not occupy more than twenty-five percent of the floor area of the dwelling unit or four hundred square feet, whichever is less.
2. Sales and Displays. Products may not be sold on site directly to customers within a home occupation. Home occupations may not establish window displays of products to attract customers.
3. Advertising. No newspaper, radio, or television service shall be used to advertise the location of business; however, contact information, including phone numbers and email address, are allowed on advertisements.
4. Signs. One single, nonilluminated, wall-mounted outdoor sign of not more than one square foot in area is permitted.
5. Vehicle Traffic. A home occupation may not generate vehicle traffic greater than normally associated with a residential use. No excessive pedestrian, automobile, or truck traffic may be introduced to the neighborhood as a result of the home occupation.
6. Deliveries. Deliveries and pick-ups for home occupations may not interfere with vehicle circulation, and shall occur only between eight a.m. and eight p.m., Monday through Saturday.
7. Mechanical Equipment. Mechanical equipment that is not normally associated with a residential use is prohibited.
8. Performance Standards. Home occupations shall not generate dust, odors, noise, vibration, or electrical interference or fluctuation that is perceptible beyond the property line.
9. Hazardous Materials Prohibited. The storage of flammable, combustible, or explosive materials is prohibited.
10. Employees. Employees of a home occupation shall be limited to the persons residing in the dwelling unit.
11. On-Site Client Contact. No more than one client/customer at the property at one time. Customer or client visits are limited to three per day, or six per day for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring).
12. Outdoor Storage Prohibited. Goods, equipment, and materials associated with a home occupation shall be stored within an enclosed structure or in a manner that is not visible from the property line.
C. Permit Revocation. An administrative permit for a home occupation that violates any of the standards in subsection B of this section (Standards) may be revoked consistent with Section 17.156.110 (Permit revocation). (Ord. 1043 § 2 (Att. 2), 2020)
17.96.050 Intersection sight distance.
A. Vision Triangle Required. In zoning districts which require a front and street side setback for primary structures, all corner parcels shall provide and maintain a clear vision triangle at the intersection of the streets’ right-of-way and adjacent to driveways for the purpose of traffic safety.
B. Vision Triangle Defined.
1. Intersections. The intersection vision triangle shall be the area formed by measuring thirty feet along the major street front property line and twenty feet along the minor street property line from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-1.
2. Driveways. The driveway vision triangle is the area formed by measuring fifteen feet along the driveway and the street from the point of intersection, and diagonally connecting the ends of the two lines. See Figure 17.96-1.
C. Maintenance of Sight Lines.
1. No structure, vehicle, object, or landscaping over thirty inches in height may be placed within a vision triangle, except as allowed by subsection (C)(2) of this section.
2. Trees pruned at least eight feet above the established grade of the curb so as to provide clear view by motor vehicle drivers are permitted within a vision triangle.
Figure 17.96-1: Vision Triangles
(Ord. 1043 § 2 (Att. 2), 2020)
17.96.060 Large commercial land uses.
A. Purpose and Applicability. This section establishes special findings that the planning commission must make to approve a conditional use permit for commercial land uses with more than twelve thousand square feet of floor area within one or more buildings. This requirement applies to all proposed new commercial land uses except for:
1. Uses already specifically approved in an applicable master conditional use permit pursuant to Section 17.124.100 (Master use and tenant use permits); and
2. Uses within a shopping center or mall with a floor area of three hundred thousand square feet or more.
B. Findings. To approve a conditional use permit for a commercial land use with twelve thousand square feet or more of floor area, the planning commission shall make the following findings in addition to the findings in Section 17.124.070 (Findings for approval):
1. Vehicle traffic and parking demand created by the proposed use will not have substantial adverse impacts on properties within the vicinity of the subject property.
2. The structure occupied with the proposed use is compatible with the scale and character of existing structures in the surrounding area.
3. The proposed use is compatible with existing land uses in the surrounding area.
4. The size of the proposed use is similar to the average size of similar uses located in the surrounding area.
5. The use will support the surrounding local economy and attract visitors to the commercial area.
C. Purpose of Findings. The purpose of additional findings for large commercial uses is to enable the planning commission to ensure that all new uses and development are consistent with the general plan and compatible with the character of existing neighborhoods and districts. These findings are not intended to involve the city in the normal competition that arises between similar businesses in Capitola. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.070 Large home day care. Revised 4/23
Repealed by Ord. 1057. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.080 Large residential care facilities.
Large residential care facilities shall comply with the following standards:
A. Separation. A large residential care facility in a residential zoning district shall not be located within five hundred feet of another large residential care facility.
B. Screening and Landscaping. A wall or fence shall be provided for purposes of screening and securing outdoor recreational areas in compliance with Chapter 17.60 (Fences and Walls).
C. License. The care provider shall obtain and maintain a license from the State of California Department of Social Services. Large residential care facilities shall be operated according to all applicable state and local regulations.
D. Safety Compliance. The applicant is required to have the facility inspected and submit a letter of compliance from the following:
1. City Building Department. The facility shall be inspected and brought into compliance with the building codes relative to the proposed use.
2. Fire Marshal. The facility shall be inspected and brought into compliance with the California Health and Safety Code and fire code relative to the proposed use. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.090 Offshore oil development support facilities.
A. Prohibition. There shall be no construction, reconstruction, operation, or maintenance of any commercial or industrial offshore oil development support facility within the city of Capitola.
B. Facilities and Activities Included in Prohibition. Prohibited facilities and activities include, but are not limited to:
1. Oil or gas storage facilities, pipe and drilling materials, or equipment repair or storage facilities, which operate directly in support of any offshore oil or gas exploration, development, drilling, pumping or production.
2. Construction, reconstruction, or operation of facilities to process any oil or natural gas taken or removed from any offshore oil or gas drilling or pumping operations. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.100 Permanent outdoor displays.
A. Permitted Displays. A single permanent outdoor display of retail goods that complies with this section is permitted as an accessory use to a primary commercial use in the mixed use, commercial, and industrial zoning districts, except in the MU-V zoning district, where permanent outdoor displays are prohibited.
B. Permits Required. Permanent outdoor displays require planning commission approval of a conditional use permit.
C. Standards.
1. Height. Displayed items shall not exceed six feet in height.
2. Size. Display areas are limited to six feet wide or ten percent of the width of the front building elevation. A display area may extend a maximum of three feet from the front building wall.
3. Goods Permitted. Displayed items shall be of the same type that are lawfully displayed and sold inside the building occupied by the primary commercial use. Only the business or entity occupying the building may sell merchandise in an outdoor display area.
4. Hours. Items shall be displayed only during the operating hours of the primary commercial use. Items shall be removed from display and moved into a permanently enclosed structure upon close of business.
5. Screening. If outdoor display areas are proposed as part of a project subject to discretionary review (e.g., conditional use or design permit) and approval by the city, the review authority may require that display areas be screened from view from neighboring properties with a solid wall, fence, or landscaped berm.
6. Vending Machines. Vending machines are not permitted as part of an outdoor display. Vending machines are considered an accessory use requiring planning commission approval of a conditional use permit.
7. Design Standards.
a. Outdoor displays shall be designed to enhance the shopping environment. The outdoor display shall be designed to complement the architecture of the building and public realm.
b. Outdoor displays shall be self-supporting, stable, and constructed to withstand wind or contact. The display shall not be permanently affixed to any object, structure or the ground including utility poles, light poles, and trees.
c. Outdoor displays may not contain any information which would routinely be placed on a business sign located on the building such as the name or type of business, hours of business operation, business logo, brand name information, etc. The outdoor display may include a sign which indicates the price of the display items or simply indicates a “sale” on the items limited in size to four square inches.
d. Outdoor displays shall be continuously maintained in a state of order, security, safety and repair. The display surface shall be kept clean, neatly painted, and free of rust, corrosion, protruding tacks, nails and/or wires.
8. Location.
a. All outdoor display areas shall be located on the same parcel as the primary commercial use.
b. Outdoor display areas may not be placed within any permanent landscaped area, required parking space, or loading area.
c. No items may be displayed within the public right-of-way, including public sidewalks.
d. Outdoor display areas may not be placed in a location that would cause a safety hazard, obstruct the entrance to a building, encroach upon driveways, or otherwise create hazards for pedestrian or vehicle traffic.
D. Exceptions to Standards. The planning commission may grant exceptions to the standards in subsection C of this section with a conditional use permit upon finding that the exception is necessary and that the outdoor display with the exception will comply with the basic intent of the standards. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.110 Outdoor lighting.
A. Purpose. This section establishes standards for outdoor lighting to minimize light pollution, maintain enjoyment of the night sky, and reduce light impacts on adjacent properties.
B. Applicability. The standards in this section apply to all outdoor lighting in Capitola except for:
1. Lighting installed and maintained by the city of Capitola or other public agency;
2. Athletic field lights used within a school campus or public or private park;
3. Temporary construction and emergency lighting; and
4. Seasonal lighting displays related to cultural or religious celebrations.
C. Maximum Height. Lighting standards shall not exceed the maximum heights specified in Table 17.96-1.
|
Zoning District |
Maximum Height |
|---|---|
|
Residential Zoning Districts |
16 ft. |
|
Mixed Use and Commercial Zoning Districts |
16 ft. within 100 ft. of any street frontage or residential property line; 20 ft. in any other location |
|
Industrial Zoning Districts |
16 ft. within 100 ft. of any street frontage or residential property line; 25 ft. in any other location |
|
Community Facility and Parks/Open Space Zoning Districts |
25 ft., or as necessary for safety and security |
D. Prohibited Lighting. The following types of exterior lighting are prohibited:
1. Exposed bulbs and/or lenses;
2. Mercury vapor lights; and
3. Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.
E. Fixture Types. All lighting fixtures shall be shielded so the lighting source is not directly visible from the public right-of-way or adjoining properties. All fixtures shall meet the International Dark Sky Association’s (IDA) requirements for reducing waste of ambient light (“dark sky compliant”).
F. Light Trespass. Lights shall be placed to direct downward and deflect light away from adjacent lots and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties.
1. Direct or sky-reflected glare from floodlights shall not be directed into any other parcel or street, or onto any beach.
2. No light or activity may cast light exceeding one foot-candle onto a public street, with the illumination level measured at the centerline of the street.
3. No light or activity may cast light exceeding one-half foot-candle onto a residentially zoned parcel or any parcel containing residential uses.
G. Required Documentation. Prior to issuance of building permits, project applicants shall submit to the city photometric data from lighting manufacturers demonstrating compliance with the requirements of this section.
H. Coastal Development Permit. In the coastal zone, and notwithstanding the other provisions of this section, all lighting shall be sited and designed to limit lighting to the minimum necessary to provide for adequate public safety. All lighting shall be sited and designed so that it limits the amount of light or glare visible from public viewing areas (including but not limited to the beach and other such natural areas) to the maximum extent feasible (including through uses of lowest luminosity possible, directing lighting downward, directing lighting away from natural areas, etc.). In addition, exterior lighting adjacent to habitat areas shall be wildlife-friendly and shall use lamps that minimize the blue end of the spectrum. All lighting that requires a CDP shall also be subject to a CDP finding that such lighting does not adversely impact significant public views. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.120 Placement of underground utilities. Revised 4/23
New construction or additions that increase existing floor area by twenty-five percent or more shall place existing overhead utility lines underground to the nearest utility pole. Establishing an accessory dwelling unit in conformance with Chapter 17.74 of this code (Accessory Dwelling Units) does not require placing existing overhead utility lines underground. (Ord. 1057 § 2 (Att. 1), 2022; Ord. 1043 § 2 (Att. 2), 2020)
17.96.130 Recycling collection facilities.
All recycling collection facilities where permitted shall comply with the standards in this section.
A. Accessory Use. Recycling collection facilities may be established only as an accessory use in conjunction with an existing commercial or industrial use which complies with the zoning code and the Capitola building and fire codes.
B. Permit Required. Where allowed by Part 2 of this title (Zoning Districts and Overlay Zones), a recycling collection facility requires planning commission approval of a conditional use permit.
C. Attendant Required. Facilities may accept materials for recycling only when an attendant is present on site.
D. Maximum Size. Recycling collection facilities may occupy no more than five thousand square feet of area on a property.
E. Parking Areas.
1. Recycling collection facilities shall provide parking for removal of the materials and for customers depositing the materials.
2. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use, unless a study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.
F. Accepted Items. Recycling collection facilities may accept only glass, metal or plastic containers, papers and reusable items. Used motor oil may be accepted with a permit from the Santa Cruz County environmental health department and the Hazardous Materials Advisory Commission.
G. Power-Driven Processing Equipment. Except for reverse vending machines, recycling collection facilities may not use power-driven processing equipment.
H. Location.
1. Mobile vending facilities shall be located in a designated area without eliminating the required parking or landscaping.
2. Facilities shall be at least one hundred feet from any property zoned or occupied for residential use, unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
I. Maintenance. The site shall be maintained free of litter and any other undesirable materials. Mobile facilities, at which trucks or containers are removed at the end of each collection day, shall be swept at the end of each collection day.
J. Noise. Facilities shall not exceed noise levels of sixty dBA as measured from the property line of a residentially zoned property or a residential use. Facilities shall not exceed noise levels of seventy dBA measured from all other property lines.
K. Hours of Operation. Facilities shall operate only between the hours of nine a.m. and seven p.m.
L. Facility Information and Display.
1. Containers shall be clearly marked to identify the type of materials which may be deposited.
2. The facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.
M. Signs. Signs may be provided as follows:
1. Recycling facilities may have identification signs with a maximum of ten square feet, in addition to informational signs required by subsection L of this section.
N. Landscaping. The facility shall comply with all landscaping standards required by Chapter 17.72 (Landscaping) and other city ordinances. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.140 Self-storage facilities.
A. Purpose and Applicability. This section establishes special findings for the planning commission to approve self-storage facilities in the community commercial (C-C) zoning district. These findings are intended to ensure that new self-storage facilities will not adversely impact the economic vitality of Capitola’s commercial districts.
B. Required Findings. In addition to the findings in Chapter 17.124 (Use Permits), the planning commission must make the following findings to approve a self-storage facility in the community commercial (C-C) zoning district:
1. The location of the proposed self-storage facility is conducive/better suited as self-storage rather than traditional retail due to limited access to or poor visibility from the street.
2. The proposed self-storage facility would be compatible with existing land uses in the surrounding area.
3. Streets and other means of egress are adequate to serve the proposed self-storage facility. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.150 Solar energy systems.
A. Required Permits.
1. Rooftop Systems. Rooftop solar energy systems and solar water heaters are permitted by right in all zoning districts. No permit or approval is required other than a building permit and fire department review.
2. Other Systems. Solar energy systems that are not located on the rooftop of a primary structure require a conditional use permit.
B. Height Exceptions. Rooftop solar energy systems may project up to four feet above the maximum permitted structure height in the applicable zoning district. This exception is applicable to the solar energy system only, not the structure on which it is located.
C. Mixed Use Village Zoning District. Rooftop solar facilities in the mixed use village zoning district shall be located and designed to minimize visibility from a street or other public place to the greatest extent possible.
D. Building Permit Review and Approval. Building permit applications for rooftop solar energy systems shall be reviewed and approved in compliance with Chapter 15.10 (Expedited Solar Permitting Ordinance).
E. Coastal Development Permit. A proposed solar energy system may require a coastal development permit as specified by Chapter 17.44 (Coastal Overlay Zone) if any part of the site is located in the coastal zone and the proposed development shall conform with the coastal development permit findings for approval as specified in Section 17.44.130 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)
17.96.160 Soquel Creek Riverview Pedestrian Pathway.
The following standards apply to the Soquel Creek Riverview Pedestrian Pathway, which extends from the Stockton Avenue Bridge along the eastern side of Soquel Creek, under the Railroad Trestle, to 427 Riverview Avenue, where it follows a drainage easement to Riverview Avenue. As used in this section, “pathway” means the area within which the pedestrian walking surface (comprised of brick, decomposed granite and other surface materials) and any related public amenities are located.
A. The pathway shall be maintained at a minimum of either the existing pathway width shown in the March 2005 survey maintained by the city of Capitola, or four feet, whichever is greater.
B. The pathway shall have a minimum overhead clearance of eight feet.
C. Structures east of the pathway shall be set back a minimum of five feet from the edge of the pathway.
D. Development, including decks, fencing, landscaping and other improvements, shall not encroach into the pathway.
E. Property owners shall trim and maintain landscaping so that it does not encroach into the pathway.
F. Permeable surface variations (i.e., brick, decomposed granite and other surfaces) are permitted.
G. Deck handrails may not exceed forty-two inches in height. The space between the deck and the handrails may not be filled in to create a solid appearance.
H. Signage indicating that the pathway is open to the public is allowed.
I. All bulkheads shall be constructed in a rustic manner and finished in wood.
J. A maximum of two freestanding lights are allowed for each deck to a maximum height of eight feet. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.170 Outdoor dining in public right-of-way.
A. Purpose. This section establishes standards and permit requirements for outdoor dining in the public right-of-way.
B. Definitions.
1. Outdoor Dining. “Outdoor dining” means both sidewalk dining and street dining decks.
2. Sidewalk Dining. “Sidewalk dining” means the use of an outdoor sidewalk area within the public-right-of-way, by a private business that is an eating and drinking establishment, for eating and drinking activities.
3. Street Dining Deck. A “street dining deck” means a platform or similar level surface within the public right-of-way and extending beyond the curb and into a roadway or on-street parking area for use by a private business that is an eating or drinking establishment.
a. Custom Street Dining Deck. A “custom street dining deck” is a street dining deck designed by the applicant.
b. Prototype Street Dining Deck. A “prototype street dining deck” is a street dining deck utilizing a design that has been authorized by the city and has received all necessary permits and authorizations.
C. Where Allowed.
1. Sidewalk Dining.
a. Sidewalk dining is allowed in the MU-N, MU-V, C-C, and C-R zoning districts.
b. In the MU-V zoning district, sidewalk dining is allowed only on Monterey Avenue, Capitola Avenue, and on the Capitola Wharf immediately adjacent to the restaurant it serves.
2. Street Dining Decks. Street dining decks are allowed only in the MU-V zoning district and only on the Esplanade, Monterey Avenue, Capitola Avenue, and San Jose Avenue.
D. Maximum Number of On-Street Parking Spaces. A maximum of twenty-five total on-street parking spaces may be used for street dining decks. Spaces shall be allocated by the city manager in accordance with administrative policies issued pursuant to this section. On-street parking spaces utilized for in-lieu bicycle parking shall count toward the maximum twenty-five spaces.
E. Permits and Approvals.
1. Required Permits. Table 17.96-2 shows permits required for sidewalk dining and street dining decks.
|
Type of Outdoor Dining |
Permit Required [2] [3] |
Zoning Code Chapter |
|---|---|---|
|
Sidewalk Dining |
Design Permit |
17.116 |
|
|
|
|
|
Administrative Permit |
17.116 |
|
|
Design Permit |
17.120 |
[1] Prototype dining deck designs are identified in the adopted Village Outdoor Dining Program Administrative Policy No. I-36 and as specified by an approved coastal development permit.
[2] Outdoor dining in the public right-of-way also requires an encroachment permit pursuant to Chapter 12.56 of this code. Minor encroachment permits for applications for prototype street dining decks may be issued by the public works director and major encroachment permits for custom street dining decks may be issued by the planning commission.
[3] A street dining deck or sidewalk dining area located in the coastal zone may also require a coastal development permit (CDP) as specified in Chapter 17.44 of this code (Coastal Overlay Zone).
2. Administrative Permit Standards. All applications for an administrative permit are reviewed and acted on by the community development director and must comply with the following standards:
a. The street dining deck must be designed consistent with a prototype design approved by the city and received all necessary permits and authorizations.
b. The street dining deck must comply with all applicable requirements of this section, the zoning code, and all other applicable laws, administrative policies, rules, and regulations.
c. If located in the coastal zone, the street dining deck is consistent with the local coastal program and will not adversely impact coastal resources, coastal access, and coastal views.
d. The street dining deck must utilize high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather.
e. The street dining decks must use the prototype street dining deck design authorized by a valid coastal development permit and shall be subject to the prototype street dining deck coastal development permit findings and conditions.
3. Design Permit Findings. All applications for a design permit (and any required coastal development permit) are viewed and acted on by the planning commission. Notwithstanding Section 17.120.080 (Findings for approval), for design permits issued pursuant to this section, the planning commission shall make the following findings and need not make those findings set forth in Section 17.120.080:
a. The sidewalk dining area or street dining deck complies with all applicable requirements of this section, the zoning code, and all other applicable laws, administrative policies, rules, and regulations.
b. If located in the coastal zone, the sidewalk dining area or street dining deck is consistent with the local coastal program and will not adversely impact coastal resources, coastal access, and coastal views, and has been authorized through a valid coastal development permit.
c. The design of the sidewalk dining area or street dining deck supports a safe, inviting, and lively public realm consistent with the purpose of the MU-V zoning district as provided in Section 17.20.040 (purpose of the mixed use zoning districts).
d. The sidewalk dining area or street dining deck materials include high-quality, durable materials that are compatible with surrounding development and can withstand inclement weather.
4. Good Standing. An applicant must be in good standing to apply for a permit for outdoor dining. For purposes of this section, “good standing” shall mean that within the twenty-four months directly preceding submission of a complete application for an administrative permit or design permit, the applicant has not been issued a notice of abatement, violation, or been subject to any code enforcement proceedings related to an ABC license, entertainment permit, or use permit by the city or any other regulatory or permitting agency. Any courtesy code enforcement notice received by the applicant was corrected by the applicant within the date specified on the courtesy notice retains the applicant’s good standing.
5. Other Permits and Approvals.
a. Sidewalk and street dining decks are subject to all other applicable permits, licenses and/or entitlements required by state or local law.
b. A street dining deck or sidewalk dining area located in the coastal zone shall require a coastal development permit (CDP) as specified in Chapter 17.44 of this code (Coastal Overlay Zone). Approval of a CDP requires conformance with the CDP findings for approval as specified in Section 17.44.130 (Findings for approval), as well as conformance with the requirements specified in this section.
c. CDP Recertification Requirement. All CDPs issued for outdoor dining permits shall require recertification by the city council no later than three years after the CDP is issued, and every five years thereafter. Recertification shall require a public hearing before the city council. City staff will initiate the recertification process by providing notice to the applicant of the hearing date, at least thirty days in advance of the public hearing.
For a CDP to be recertified, the city council must find that the subject project is operating in compliance with the findings and conditions of the CDP and in compliance with the LCP. The city council may recertify, modify, or revoke the CDP. The city council’s decision shall be a final action.
The project applicant, any aggrieved person, or any two members of the Coastal Commission may appeal the city council decision. Appeal procedures for coastal development permits shall be as specified in Section 17.44.150.
F. Administrative Policies.
1. The city council is authorized to issue administrative policies regarding the administration and leasing of the public right-of-way for sidewalk dining and street dining decks, including but not limited to the application and selection process for applicants, maintenance requirements, and other related policies.
2. In the event of any conflict between the provisions of this chapter and the administrative policy, the more restrictive requirement shall control.
G. Operating and Development Standards. All sidewalk dining and street dining decks shall comply with the following standards:
1. Must Serve Eating and Drinking Establishment. Outdoor dining in the public right-of-way is allowed only when incidental to and a part of an “eating and drinking establishment” as defined in Chapter 17.160 of this code (Glossary).
2. One Facility Only. An eating establishment may have either sidewalk dining or a street dining deck. An eating establishment may not have both sidewalk dining and a street dining deck.
3. Limited to Eating Establishment Frontage.
a. Sidewalk dining is allowed on the sidewalk directly adjacent to the eating establishment street frontage.
b. Street dining decks in the public right-of-way are only allowed on parking spaces that are:
i. Wholly or partially located in the right-of-way; and
ii. Directly adjacent to the eating establishment street frontage unless authorized by subsection (G)(3)(c) of this section.
c. The city may allow an outdoor dining area to extend beyond the eating and drinking establishment frontage if:
i. Due to the road and parking space layout, the outdoor dining area cannot be designed without extending the area beyond immediately adjacent parking spaces;
ii. Extending the outdoor dining area will not have significant impact on adjoining businesses as determined by the permit review authority; and
iii. Extending the outdoor dining area will not adversely impact coastal access.
4. Sidewalk Width. Outdoor dining areas in the public right-of-way shall provide a minimum clear width within the sidewalk of at least:
a. Five feet in the MU-V zoning district; and
b. Four feet in all other zoning districts.
5. Sidewalk Dining Areas. Sidewalk dining areas shall be limited to the placement of tables and chairs. In addition, design elements required for ABC permit compliance for separation (fences, ropes, planters, etc.) may be included in the design but shall not exceed thirty-six inches in height.
6. Signs.
a. Commercial signs are not permitted in or on any portion of the improvements of a sidewalk dining area or street dining deck, except as specified in subsection (G)(6)(b) of this section.
b. One business identification sign and one menu sign each not to exceed two square feet are allowed.
7. Stormwater Drainage. All street dining decks must allow for adequate stormwater drainage.
a. Dining decks shall not block the drainage flow along the gutter line.
b. Dining decks shall not block access into any drain inlet or other drainage/stormwater facility.
8. Utilities. All outdoor dining shall not interfere with utility boxes, water hydrants, storm drains, and all other related facilities.
9. Trash and Maintenance. An outdoor dining area in the public right-of-way shall be maintained in a clean and safe condition as determined by the city, including as follows:
a. All trash shall be picked up and properly disposed of.
b. All flower boxes and planters shall contain live, healthy vegetation.
c. All tables, chairs, equipment, and structures must be kept clean and operational.
10. Sound. Music and amplified sound are not allowed in an outdoor dining area.
11. Bicycle Parking for Street Dining Decks.
a. A street dining deck that eliminates an on-street parking space must include a bicycle parking rack integrated in the street dining deck design or within the private property of the eating or drinking establishment.
b. The bicycle parking rack must provide a minimum of two bicycle parking spaces for each eliminated vehicle parking space.
c. As an alternative to providing the bicycle parking rack, the city may allow an applicant to pay an in-lieu fee which fee shall be deposited into the city’s in-lieu bike fund to create a central bicycle parking location.
12. Hours of Operation.
a. Outdoor dining in the public right-of-way may occur between seven a.m. and ten p.m. seven days a week.
b. The city may allow extended hours for street dining decks for special events and holidays.
13. Open for Use. All outdoor dining in the public right-of-way must be open for use a minimum of five days per week, except in cases of inclement weather. “Open for use” means that the eating or drinking establishment must allow customers to use the outdoor dining area when the establishment is open for business.
14. Materials. Allowed materials include finished or painted wood, glass, ornamental steel or iron, and decorative masonry. Street dining decks where the primary visible material is plastic, fabric, woven bamboo, or chain link/wire fencing are discouraged.
H. Enforcement.
1. General.
a. The city shall have all enforcement remedies permitted by law, including but not limited to those in Administrative Policy I-36 in Title 4 (General Municipal Code Enforcement).
b. Any outdoor dining facility may be subject to inspection by the city on an annual basis or as needed to ensure compliance with this section, conditions of approval, and administrative procedures. (Ord. 1050 § 2, 2021)
17.96.180 Temporary uses and structures.
A. Purpose. This section establishes requirements for the establishment and operation of temporary uses and structures. These requirements allow for temporary uses and structures in Capitola while limiting impacts on neighboring properties and the general public.
B. Temporary Uses Allowed by Right. The following temporary uses are permitted by right. No permits or approvals from the community development department are required.
1. Garage Sales. Garage sales for individual residences limited to three, one- to two-day events per calendar year. One block or neighborhood sale per calendar year is allowed in addition to individual sales.
2. Storage Containers. Storage containers delivered to a home, loaded at the residence, and delivered to another location, for a maximum of two weeks on private property. Storage containers on a residential property for more than two weeks may be approved by the planning commission with a conditional use permit.
3. Outdoor Fund Raising Events. Outdoor fund raising events on commercial sites when sponsored by a nonprofit organization directly engaged in civic or charitable efforts. Outdoor fund raising events are limited to two days each month for each sponsoring organization.
4. On-Site Construction Yards. Temporary construction yards and office trailers that are located on site, less than one acre in size, and established in conjunction with an approved project. The construction yard and trailer shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.
C. Temporary Uses Requiring a Permit. An administrative permit is required for the following temporary uses:
1. Seasonal Sales. Seasonal sales (e.g., Christmas trees, pumpkins) for a maximum of forty-five calendar days, no more than four times per year on a single property. Seasonal sales are prohibited on residentially zoned property.
2. Temporary Outdoor Displays of Merchandise and Parking Lot Sales. Temporary outdoor displays of merchandise and parking lot sales on private property for a maximum of three days no more than two times per year on a single property. Following the completion of the temporary display, all signs, stands, poles, electrical wiring, or any other fixtures, appurtenances or equipment associated with the display shall be removed from the premises.
3. Farmers’ Markets. Farmers’ markets for a maximum of one day per week in a nonresidential zoning district. Farmers’ markets for more than one day per week in a nonresidential zoning district are permitted with a conditional use permit. Farmers’ markets in a residential zoning district are permitted with a conditional use permit.
4. Off-Site Construction Yards. Construction yards located off site in conjunction with an approved project. The construction yard shall be immediately removed within ten days of completion of the construction project or expiration of the building permit.
5. Employee Trailers. Trailer or commercial modular units used as a work site for employees of a business displaced during construction, for a maximum of twelve months. The community development director may grant up to two twelve-month extensions for ongoing construction activity requiring more than twelve months to complete.
6. Mobile Food Vendors. Mobile food vendors in one location four times or less per year in accordance with Chapter 9.36. Mobile food vendors in one location more than four times per year require a conditional use permit.
7. Real Estate Offices. Real estate offices used exclusively for the sale of homes or other real estate units located within an approved multi-unit development project for a maximum of three years or within thirty days of when the last home is sold, whichever comes first.
8. Other Similar Activities. Similar temporary activities determined by the community development director to be compatible with the applicable zoning district and surrounding uses.
D. Temporary, Publicly Attended Activities/Events. Temporary, publicly attended activities such as festivals, outdoor entertainment, and other similar events may be permitted pursuant to Chapter 9.36 (Temporary, Publicly Attended Activities). If in the coastal zone, see Section 17.44.080(H) (Temporary Events) to determine if a temporary event requires a coastal development permit.
E. Conditions of Approval. Upon the approval of a permit for a temporary use, the city may attach the following conditions when necessary in connection with the temporary use:
1. Hours of operation.
2. Maintenance of accessibility for the disabled.
3. Protection of fire lanes and access.
4. Preservation of adequate on-site circulation.
5. Preservation of adequate on-site parking or a parking management plan to temporarily park off site.
6. Cleanup of the location or premises.
7. Use of lights or lighting or other means of illumination.
8. Operation of any loudspeaker or sound amplification in order to prevent the creation of any nuisance or annoyance to the occupants of or commercial visitors to adjacent buildings or premises. (Ord. 1043 § 2 (Att. 2), 2020)
17.96.190 Generators Revised 4/23
Home generators to provide backup electricity in case of a power outage must comply with the following:
A. Noise. Generators may not exceed noise levels of sixty-five dBA as measured from the property line of a residentially zoned property or a residential use.
B. Allowed Use. Other than periodic testing as required by the manufacturer, a generator may be operated only in case of a power outage or emergency,
C. Testing Hours. A generator may be tested only during the hours of eight a.m. and eight p.m.
D. Placement on Lot.
1. Generators are prohibited in required front and side setback areas.
2. A generator may project a maximum of five feet into a rear setback if necessary to locate the generator behind the rear wall of the home.
E. Recreational Vehicle Use Prohibited. Freestanding generators shall not be used to supply service to recreational vehicles or trailers. Generators attached to recreational vehicles or trailers shall not be operated on or adjacent to residential properties. (Ord. 1057 § 2 (Att. 1), 2022)