Chapter 17.28
VISITOR SERVING OVERLAY ZONES Revised 6/18

Sections:

17.28.010    Purpose of the visitor serving overlay zone. Revised 6/18

17.28.020    Land use regulations. Revised 6/18

17.28.030    Development standards. Revised 6/18

17.28.010 Purpose of the visitor serving overlay zone. Revised 6/18

A. General. The purpose of the visitor serving (-VS) overlay zone is to provide the visiting public with a range of opportunities to enjoy Capitola’s coastal location. The -VS overlay zone accommodates a range of visitor serving uses including overnight accommodations, dining establishments, and active and passive recreational facilities. Specific permitted uses depend on the resources present on the site and the surrounding land use and environmental context. The -VS overlay zone implements policies to maintain and enhance visitor serving uses in Capitola consistent with the general plan and local coastal program (LCP).

B. Visitor Serving Overlay Subzones. The VS overlay zone is divided into five subzones (see Figure 17.28-1) with unique land use and development standards:

1. Visitor Serving – Rispin (VS-R). Applies to the Rispin site (APN 035-371-01 and 035-371-02).

2. Visitor Serving – Shadowbrook (VS-SB). Applies to the Shadowbrook site (APN 035-111-04).

3. Visitor Serving – Monarch Cove Inn (VS-MC). Applies to the Monarch Cove Inn site (APN 036-143-31 and 036-142-27) and the portion of parcel 036-142-28 that is located between the two Monarch Cove Inn parcels.

4. Visitor Serving – El Salto (VS-ES). Applies to the El Salto site (APN 036-143-35).

5. Visitor Serving – General (VS-G). Applies to all other parcels with a visitor serving subzone overlay designation.

Figure 17.28-1: Visitor Serving Districts

(Ord. 1017 § 2 (Exh. A) (part), 2018)

17.28.020 Land use regulations. Revised 6/18

A. Permitted Land Uses. Table 17.28-1 identifies land uses permitted in the VS overlay subzones.

Table 17.28-1: Permitted Land Uses in the Visitor Serving Overlay Zone 

Key

VS Subzones

Additional Regulations

P

Permitted Use

VS-G

VS-R

VS-SB

VS-MC

VS-ES

A

Administrative Permit required

M

Minor Use Permit required

C

Conditional Use Permit required

Use not allowed

Residential Uses

Employee Housing

C [1]

 

Multifamily Dwellings

C [2]

C [2]

 

One Caretaker Unit for On-Site Security

C

C

C

C

C

 

Single-Family Dwellings

C [3]

C [3]

C [3]

 

Public and Quasi-Public Uses

Community Assembly

C

C

 

Cultural Institutions

C

C

 

Day Care Centers

C

 

Habitat Restoration and Habitat Interpretive Facilities

C

C

C

C

 

Parks and Recreational Facilities

C

C

 

Public Parking Lots

C

C

 

Public Paths

C

C

C

C

C

 

Public Safety Facilities

C

 

Public Wharfs

C

 

Schools, Public or Private

 

Commercial Uses

Business Establishments that Provide Commercial Places of Amusement or Recreation, Live Entertainment, or Service of Alcoholic Beverages

C [4]

C [4]

C

 

Business Establishments that Sell or Dispense Alcoholic Beverages for On-Site Consumption

C

C

C

C

 

Restaurants

Full Service

C [5]

C [5]

C [5]

 

Lodging

Hotels, Inns, Bed and Breakfast, and Hostels

C

C

C

C

 

Campgrounds [6]

C

 

Recreational Vehicle Parks

C

 

Transportation, Communication, and Utility Uses

Utilities, Major

C

C

C

C

C

 

Utilities, Minor

P

P

P

P

P

 

Wireless Communications Facilities

See Chapter 17.104

 

Other Uses

Access Roadways

C

C

C

C

C

 

Accessory Structures and Uses, New

C [7]

C

C

C

C

 

Accessory Structures and Uses Established Prior to Primary Use or Structure

C

C

C

 

Change of Visitor Serving Commercial Uses within a Structure

C [8]

 

Food Service Accessory to a Lodging Use [9]

C

C

C

C

 

Home Occupations

C

Section 17.96.040

Expansion of a Legal Nonconforming Use within an Existing Structure

C

 

Legal Nonconforming Use Changed to a Use of a Similar or More Restricted Nature

C

 

Live Entertainment

C

C

C

 

Offices Accessory to Visitor Serving Use

C

C

C

C

 

Parking Areas to Serve the Primary Use

C

C

C

C

C

 

Retail Accessory to a Visitor Serving Use

C

C

C

 

Temporary Assemblages of People, such as Festivals, Fairs, and Community Events

C [10]

C [10]

C [10]

C [11]

 

Weddings

C

C

C

C

 

Notes:

[1] Permitted only as an accessory use.

[2] Multifamily dwellings shall comply with development standards in the multifamily residential, medium density (RM-M) zoning district.

[3] Single-family dwellings shall comply with development standards in the single-family residential (R-1) zoning district.

[4] May not be located within two hundred feet of the boundary of a residential zoning district.

[5] Drive-up and car service is not allowed.

[6] May include moderate intensity recreational uses, including tent platforms, cabins, parks, stables, bicycle paths, restrooms, and interpretive facilities.

[7] Intensification of the primary use is not allowed.

[8] The new use may not change the nature or intensity of the commercial use of the structure.

[9] Permitted only to serve guests of the lodging use.

[10] Events may not exceed ten days and may not involve construction of permanent facilities.

[11] Limited to a single two-day or less event per year.

B. Civic Uses in the VS-R Overlay Subzone. The planning commission may allow additional civic uses in the VS-R overlay subzone beyond those specifically identified in Table 17.28-1 if the planning commission finds the additional civic use to be consistent with the purpose of the VS-R overlay subzone and compatible with existing uses present on the site. (Ord. 1017 § 2 (Exh. A) (part), 2018)

17.28.030 Development standards. Revised 6/18

A. General. Table 17.28-2 identifies development standards that apply in the VS overlay zone outside of the mixed use village (MU-V) zoning district.

Table 17.28-2: Development Standards in the Visitor Serving Zoning Districts 

 

VS Overlay Zone

Additional Standards

Parcel Area, Minimum

5,000 sq. ft.

 

Impervious Surface, Maximum

VS-R: 25%

VS-SB, VS-MC and VS-ES: 50% [1]

VS-G: No maximum

 

Floor Area Ratio, Maximum

0.25

 

Setbacks, Minimum

See Section 17.28.030(B)

 

Height, Maximum

30 ft.

Section 17.28.030(C)

Note:

[1] In the VS-SB overlay subzone, the impervious surface requirement applies to the parcel located directly adjacent to Soquel Creek. In the VS-ES overlay subzone, the impervious surface calculation excludes the portion of parcel 036-142-28 located outside of the Monarch Cove Inn.

B. Setbacks. The following setback requirements apply in the VS overlay zone:

1. The planning commission may require front, side and rear setbacks through the design review process to provide adequate light and air, ensure sufficient distance between adjoining uses to minimize any incompatibility, and to promote excellence of development. Where a side or rear yard abuts residential property, a setback of at least ten feet shall be provided.

2. Front and exterior side yards shall not be used for required parking facilities.

3. For the visitor serving El Salto parcels located adjacent to the bluff top, new development shall adhere to the setback and development provision provided in the LCP natural hazards policies and in Chapter 17.68 (Geological Hazards).

4. To protect the waters and riparian habitat of Soquel Creek, new development on the Shadowbrook Restaurant and Rispin parcels shall adhere to the LCP natural systems policies and Chapter 17.64 (Environmentally Sensitive Habitat Areas).

C. Height Exceptions. With a recommendation from the planning commission, the city council may approve additional height up to a maximum of thirty-six feet in the VS overlay zone outside of the MU-V zoning district when the following findings can be made:

1. The proposed development and design is compatible with existing land uses in surrounding areas, the general plan, and the LCP.

2. Streets and thoroughfares are suitable and adequate to serve the proposed development.

3. The proposed development does not produce shadows which may adversely affect the enjoyment of adjacent streets, buildings, or open space.

4. Major public views are not blocked by the proposed development.

D. Landscaping. See Table 17.72-2 in Chapter 17.72 (Landscaping) for minimum required landscaping requirements for visitor serving properties.

E. Lighting. In addition to outdoor lighting standards in Section 17.96.110 (Outdoor lighting), the following lighting requirements apply in the VS overlay zone:

1. All exterior lighting shall be unobtrusive, down-directed, harmonious with the local area, and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled.

2. The location, type and wattage of exterior lighting must be approved by the community development director prior to the issuance of building permits or the establishment of the use. (Ord. 1017 § 2 (Exh. A) (part), 2018)