Chapter 17.120 — DESIGN PERMITS — Capitola Zoning Code

Sections:

17.120.010 Purpose.

17.120.020 Types of design permits. 17.120.030 When required.

17.120.040 Application submittal and review.

17.120.050 Design review process. 17.120.060 Public notice and hearing.

17.120.070 Design review criteria. 17.120.080 Findings for approval.

17.120.090 Conditions of approval.

17.120.100 Appeals and post-decision procedures.

17.120.010 Purpose. ¶

This chapter establishes the process to obtain a design permit. A design permit is a discretionary action that enables the city to ensure that proposed development exhibits high-quality design that enhances Capitola’s unique identity and sense of place. The design permit process is also intended to ensure that new development and uses are compatible with their surroundings and minimize negative impacts on neighboring properties. (Ord. 1043 § 2 (Att. 2), 2020)

17.120.020 Types of design permits. ¶

The zoning code establishes two types of design permits: design permits reviewed and approved by the planning commission and minor design permits reviewed and approved by the community development director. (Ord. 1043 § 2 (Att. 2), 2020)

17.120.030 When required. ¶

A. Types of Projects. The types of projects that require a design permit, and the type of design permit for each project, are listed in Table 17.120-1. If a type of development project or activity is not specifically listed in Table 17.120-1, a design permit is not required.

Table 17.120-1: Projects Requiring Design Permits

Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Permit
Single-FamilyResidential Projects
Ground-floor additions to existing single-family homes where the addition does not exceed 15 ft. in height,except for exempt additions(Section 17.120.030(B))									Minor Design Permit
Accessory structures greater than 10 ft. to300 sq. ft.					ft. in height and/or 120 sq.				Minor Design Permit
Accessory structuresgreater than300 sq.						ft.			Design Permit
Upper-floor decks and balconies on the side or rear of a home that are not adjacent topublic open space									Design Permit
All rooftop decks									Design Permit
Upper-floor	additions to an existingsingle-familyhome								Design Permit
New single-familyhomes									Design Permit
MultifamilyResidential Projects
Ground-floor additions less than 15% of total existingmultifamily structure							floor area of an		Minor Design Permit
Upper-floor decks and balconies on the side or rear of a structure that are not adjacent topublic open space									Design Permit
All rooftop decks									Design Permit
Accessory structures including garbage and recyclingenclosures									Minor Design Permit
Ground-floor additions 15% of total existingmultifamily structure				floor area or				more to an	Design Permit
Upper-floor	additions to an		existingmultifamily					structure	Design Permit
New multifamilyresidential			structures						Design Permit
Nonresidential Projects(IncludingMixed Use)
Exterior modifications to an increase the floor area of the			existing structure that do not structure						Minor Design Permit
Accessory structures 120 sq. and recyclingenclosures			ft. to 300 sq. ft. including garbage						Minor Design Permit
Accessory structures greater and recyclingenclosures			than 300 sq. ft. including garbage						Design Permit
Additions less than 15% of the floor area of an existing nonresidential structure where the addition is not visible from theprimary street frontage									Minor Design Permit
Type of Project Type of Permit
---	---	---	---	---	---	---	---	---	---
Additions 15% or more of the floor area of an existing Design Permit
nonresidential structure where the addition is visible from the
primary street frontage
Additions to an existing nonresidential structure of 3,000 sq. ft. Design Permit
or more
New nonresidential structures Design Permit
Custom outdoor dining decks and sidewalk dining areas in the Design Permit
public right-of-way
B. Single-Family Exemptions. The following additions to a single-family dwelling are exempt from the design permit requirement:
1. Ground-floor single-story additions up to four hundred square feet at the rear of the home.
2. Enclosure of an existing recessed entrance up to twenty-five square feet.
3. Enclosure of an existing open porch up to fifty square feet.
4. Installation of bay windows.
5. A single accessory structure that does not exceed one hundred twenty square feet in floor area and ten feet in height with no connection to water or sewer. Two or more									accessory
design permit.
6. Minor exterior modification or replacement of materials on an existing structure including siding, windows, doors, and roof.
7. Other similar minor additions to a single-family dwelling as determined by the community development director.
8. Upper-floor decks and balconies immediately adjacent to a street or public open space.
C. Nonresidential Exemptions.
1. Prototype outdoor dining decks that comply with Section 17.96.170 (Outdoor dining in public right-of-way) are exempt from the design permit						requirement. (Ord.	1057		§ 2 (Att. 1),
2021; Ord. 1043 § 2 (Att. 2), 2020)
17.120.040 Application submittal and review.
A. General. An application for a design permit shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application	and Review).			The application shall include the information required by
community development department with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.120.080 (Findings for
approval).
B. Streetscape Illustration. For all proposed new buildings,the applicant shall submit streetscape illustrations that include neighboring			structures within one hundred feet of the side
C. Enhanced Visualization. The city may require enhanced project visualization materials (e.g., 3-D renderings, photo-simulations, physical models, expanded streetscape diagrams, viewpoint analysis,
poles) when any of the following apply:
1. The project is proposed within a prominent or highly visible development site as determined by the community development director.
2. The project would be located within or adjacent to vista points or visually sensitive areas as identified in the general plan.

Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Project	Type of Permit
3. The applicant is requesting a variance for height.
4. Substantial changes to the exterior of an existing structure.
5. The community development director determines that enhanced visualization is necessary to determine if the findings for approval can be made for the proposed project.
6. Story poles shall only be required by the planning commission or city council.
D. Review by Architectural Historian. Proposed projects that involve an exterior alteration to a designated historic resource or a	potential historic resource as defined in Section 17.84.020
resources) shall be reviewed by an architectural historian and may require a historic alteration permit as provided in Section 17.84.070			(Historic			alteration permit). (Ord.			1043 § 2 (Att.
17.120.050 Design review process.
A. Review Required. All design permit applications shall be reviewed by city staff and city-contracted design professionals as specified in Section						17.108.040 prior to	review and action on the application by
the planning commission.
B. Purpose of Review. The purpose of the design review process is to provide recommendations to the applicant on the design of	the	project based on design review criteria in Section
are encouraged to consider comments from the design review process and modify the project design as needed prior to planning	commission consideration of the application. (Ord.
17.120.060 Public notice and hearing.
A. Design Permits. The planning commission shall review and act on a design permit application at a noticed public hearing in compliance with					Chapter 17.148 (Public Notice and Hearings).
B. Minor Design Permits. Public notice of a pending action on a minor design permit application shall be provided in compliance with Chapter				17.148 (Public Notice			and Hearings).
development director shall hold a public hearing for a minor design permit application only upon receiving a written request for	a public hearing					as provided in Section		17.148.030 (Notice of pending action
for minor use permits and minor design permits). (Ord. 1043 § 2 (Att. 2), 2020)
17.120.070 Design review criteria.
When considering design permit applications, the city shall evaluate applications to ensure that they satisfy the following criteria, comply with				the development standards of the zoning
policies of the general plan, the local coastal program,and any applicable specific plan, and are consistent with any other policies or guidelines				the city council may adopt for this purpose.
permit approval, projects must satisfy these criteria to the extent they apply.
A. Community Character. The overall project design including site plan, height,massing, architectural style, materials, and landscaping			contributes to Capitola’s unique coastal village character
distinctive sense of place.
B. Neighborhood Compatibility. The project is designed to respect and complement adjacent properties. The project height,massing, and intensity are compatible with								the scale of nearby
project design incorporates measures to minimize traffic, parking, noise, and odor impacts on nearby residential properties.
C. Historic Character. Renovations and additions respect and preserve existing historic structures.New structures and additions to nonhistoric					structures reflect and complement the historic character
nearby properties and the community at large.
D. Sustainability. The project supports natural resource protection and environmental sustainability through features such as on-site renewable energy generation, passive solar design,
efficiency, water conservation measures, and other green building techniques.
E. Pedestrian Environment. The primary entrances are oriented towards and visible from the street to support an active public realm and an inviting pedestrian environment.
F. Privacy. The orientation and location of buildings,entrances, windows, doors, decks,and other building features minimize privacy impacts on						adjacent properties and provide adequate
occupants.

G. Safety. The project promotes public safety and minimizes opportunities for crime through design features such as property access controls (e.g., placement of entrances, fences), increased visibility and features that promote a sense of ownership of outdoor space.

H. Massing and Scale. The massing and scale of buildings complement and respect neighboring structures and correspond to the scale of the human form. Large volumes are divided into small components	H. Massing and Scale. The massing and scale of buildings complement and respect neighboring structures and correspond to the scale of the human form. Large volumes are divided into small components
through varying wall planes, heights,and setbacks. Building placement and massing avoids impacts to public views and solar access.
I. Architectural Style. Buildings feature an architectural style that is compatible with the surrounding built and natural environment, is an authentic implementation of appropriate established architectural
styles, and reflects Capitola’s unique coastal village character.
J. Articulation and Visual Interest. Building facades are well articulated to add visual interest, distinctiveness, and human scale. Building elements such as roofs, doors, windows, and porches are part of an
integrated design and relate to the human scale. Architectural details such as trim, eaves, window boxes, and brackets contribute to the visual interest of the building.
K. Materials. Building facades include a mix of natural, high-quality, and durable materials that are appropriate to the architectural style, enhance building articulation, and are compatible with surrounding
development.
L. Parking and Access. Parking areas are located and designed to minimize visual impacts and maintain Capitola’s distinctive neighborhoods and pedestrian-friendly environment. Safe and convenient
connections are provided for pedestrians and bicyclists.
M. Landscaping. Landscaping is an integral part of the overall project design, is appropriate to the site and structures,and enhances the surrounding area.
N. Drainage. The site plan is designed to maximize efficiency of on-site drainage with runoff directed towards permeable surface areas and engineered retention.
O. Open Space and Public Places. Single-family dwellings feature inviting front yards that enhance Capitola’s distinctive neighborhoods. Multifamily residential projects include public and
private open space that is attractive, accessible, and functional. Nonresidential development provides semi-public outdoor spaces, such as plazas and courtyards,	which help support pedestrian activity within
an active and engaging public realm.
P. Signs. The number, location, size, and design of signs complement the project design and are compatible with the surrounding context.
Q. Lighting. Exterior lighting is an integral part of the project design with light fixtures designed, located, and positioned to minimize illumination of the sky and	adjacent properties.
R. Accessory Structures.The design of detached garages,sheds, fences, walls,and other accessory structures relates to the primary structure and is compatible with adjacent properties.
S. Mechanical Equipment, Trash Receptacles, and Utilities. Mechanical equipment, trash receptacles, and utilities are contained within architectural enclosures or fencing, sited in unobtrusive locations,
and/or screened by landscaping.(Ord. 1043 § 2 (Att. 2), 2020)
17.120.080 Findings for approval.
To approve a design permit application, the review authority shall make all of the following findings:
A. The proposed project is consistent with the general plan, local coastal program,and any applicable specific plan, area plan, or other design policies and regulations adopted by the city council.
B. The proposed project complies with all applicable provisions of the zoning code and municipal code.
C. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA).
D. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity.
E. The proposed project complies with all applicable design review criteria in Section 17.120.070 (Design review criteria).
F. For projects in residential neighborhoods, the proposed project maintains the character, scale, and development pattern of the neighborhood. (Ord. 1043 § 2 (Att. 2), 2020)
17.120.090 Conditions of approval.
The planning commission or community development director may attach conditions of approval to a design permit 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. (Ord. 1043 § 2 (Att. 2), 2020)
17.120.100 Appeals and post-decision procedures.
A. Planning commission decisions on design permits may be appealed to the city council as described in Chapter 17.152 (Appeals).
B. Community development director decisions on minor design permits may be appealed to the planning commission as described in Chapter 17.152 (Appeals).
C. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to design permits. (Ord. 1043 § 2 (Att. 2), 2020)
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Chapter 17.124
USE PERMITS
Sections:
17.124.010 Purpose.
17.124.020 When required.
17.124.030 Review authority.
17.124.040 Application submittal and review.
17.124.050 Public notice and hearing.
17.124.060 Considerations.
17.124.070 Findings for approval.
17.124.080 Conditions of approval.
17.124.090 Appeals and post-decision procedures.
17.124.100 Master use and tenant use permits.
17.124.010 Purpose.
This chapter describes the process to obtain use permits, which include conditional use permits, minor use permits,	master use		permits, and tenant use permits.						A use permit is required for				land uses that are
generally appropriate within a zoning district, but potentially undesirable on a particular parcel or in large numbers. A use permit is a				discretionary action that				enables the city to ensure that a proposed use is
consistent with the general plan and local coastal program land use plan and will not create negative impacts to adjacent properties or				the general	public. (Ord.			1043 § 2 (Att. 2), 2020)
17.124.020 When required.
A. Land uses that require a conditional use permit or a minor use permit are shown in the land use regulation tables	for	each zoning district found				in Part 2 of	this title (Zoning Districts and						Overlay Zones).
B. Land uses eligible for a master use permit or a tenant use permit are described in Section 17.124.100 (Master use and		tenant	use permits). (Ord.			1043 § 2 (Att.			2), 2020)
17.124.030 Review authority.
A. The planning commission takes action on conditional use permit and master use permit applications.
B. The community development director takes action on minor use permit and tenant use permit applications.
C. The community development director may refer any minor use permit and tenant use permit application to the planning commission for review						and final decision. (Ord.					1043 § 2 (Att.	2),	2020)
17.124.040 Application submittal and review.
Use permit 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, together with all required application fees. It is the responsibility of the applicant		to provide evidence in support of the findings required by Section										17.124.070 (Findings
for approval). (Ord. 1043 § 2 (Att. 2), 2020)
17.124.050 Public notice and hearing.
A. The planning commission shall review and act on a conditional use permit or a master use permit application at a noticed public hearing in compliance with								Chapter		17.148 (Public Notice and Hearings).
B. Public notice of a pending action on a minor use permit application shall be provided in compliance with Chapter	17.148 (Public Notice and Hearings). The						community development director shall hold a
public hearing for a minor use permit application only upon receiving a written request for a public hearing as provided		in Section 17.148.030 (Notice of pending action								for	minor use permits and minor
design permits).
C. No public hearing is required for a tenant use permit. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.060 Considerations.
When evaluating a conditional use permit, minor use permit, or master use permit application, the review authority	shall consider the			following characteristics				of the proposed use:
A. Operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts).
B. Availability of adequate public services and infrastructure.
C. Potential impacts to the natural environment.
D. Physical suitability of the subject site for the proposed use in terms of design, location, operating characteristics, shape, size,			topography. (Ord.		1043 § 2 (Att. 2), 2020)
17.124.070 Findings for approval.
To approve a conditional use permit, minor use permit, or master use permit, the review authority shall make all of the following findings:
A. The proposed use is allowed in the applicable zoning district.
B. The proposed use is consistent with the general plan, local coastal program,zoning code, and any applicable specific plan or area plan adopted by the city council.
C. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and planned			land uses in the vicinity of the				property.
D. The proposed use will not be detrimental to the public health, safety, and welfare.
E. The proposed use is properly located within the city and adequately served by existing or planned services and infrastructure. (Ord.				1043 § 2 (Att. 2), 2020)
17.124.080 Conditions of approval.
The planning commission or community development director may attach conditions of approval to a use permit 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. (Ord. 1043 § 2 (Att. 2), 2020)
17.124.090 Appeals and post-decision procedures.

Chapter 17.124
A. Planning commission decisions on conditional use permits may be appealed to the city council as described in Chapter 17.152 (Appeals).
B. Community development director decisions on minor use permits or tenant use permits may be appealed to the planning commission as described in Chapter				17.152	(Appeals).
C. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to use permits. (Ord.	1043 §	2 (Att.	2), 2020)
17.124.100 Master use and tenant use permits.

A. Purpose. A master use permit is a type of conditional use permit that identifies permitted land uses within a commercial property occupied by multiple tenants. Tenant use permits are issued by the community development director for individual tenants that comply with a master use permit.

B. Master Use Permit Eligibility. To be eligible for a master use permit, a property must:

Contain more than ten thousand square feet of floor area on a single parcel or on multiple adjoining parcels under one ownership;
Conform to all applicable parking and landscaping requirements; and
Contain leasable space for two or more tenants.

C. Permitting Process and Restrictions. The process to review and approve a master use permit is the same as for a conditional use permit, except as follows:

When approving a master use permit, the planning commission shall specify the uses allowed on the property. Allowed uses are limited to uses permitted or conditionally permitted in the applicable zoning district.
The planning commission may establish a maximum size for an individual tenant and/or use.
A change of tenant larger than twelve thousand square feet in a property with a master use permit requires planning commission approval of an amendment to the existing master use permit. A change in tenant larger than twelve thousand square feet may not be approved with a tenant use permit.
The planning commission may deny a master use permit upon finding that particular circumstances of the property, including an existing or proposed use, require a standard conditional use permit process to protect the public health, safety, and welfare.

D. Tenant Use Permits.

A land use proposed within a property subject to a master use permit may be established with a tenant use permit, except for tenants twelve thousand square feet or more as described in subsection (C)(3) of this section.
Tenant use permits are approved by the community development director. The director shall approve a tenant use permit if the proposed use is consistent with the conditions of the master use permit and the requirements of this section.

E. Tenant Notification. Prior to leasing space on a property with a master use permit, the permit holder shall inform the prospective tenant of the conditions of approval attached to the master use permit and the requirements of this section. (Ord. 1043 § 2 (Att. 2), 2020) Home Previous Next

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