Chapter 17.136 — MINOR MODIFICATIONS

Capitola Zoning Code · 2026-06 edition · ingested 2026-07-07 · Capitola

Sections:
17.136.010 Purpose.
17.136.020 When allowed.
17.136.030 Review authority.
17.136.040 Application submittal and review.
17.136.050 Public notice and hearing.
17.136.060 Findings for approval.
17.136.070 Conditions of approval.
17.136.080 Appeals and post-decision procedures.
17.136.010 Purpose.
This chapter establishes the process to obtain a minor
modification.A minor
modification allow
owners, are consistent with the purpose of the zoning code and general plan and
local coastal pr
1043 § 2 (Att. 2), 2020)
17.136.020 When allowed.
A. Permitted
Modifications.The planning commission may approve a minor
modification to allo
property. Types of physical
development standards eligible for a minor
modification include:
1. Dimensional standards and
setbacks for
parking spaces,driveways,
garages,
parking lots,and
2. Minimum and maximum
setbacks from property lines;
3. Other similar dimensional standards as determined by the
community development director.
B. Excluded
Modifications.The city may not approve minor
modifications for:
1. Minimum required on-site open space and
landscaping;
2. Maximum
height of
buildings,
fences,
walls,and other
structures;
3.
Lot area, width, or depth;
4. Minimum number of off-street
parking spaces;
5. Maximum residential
density;
6. Maximum
floor area ratio (FAR); or
7.
Setbacks from ESHA or geologic hazards. (Ord.
1043 § 2 (Att. 2), 2020)
17.136.030 Review authority.
A.
Community Development Director.The
community development director takes action on mi
1. Requested deviations to dimensional standards and
setbacks for
parking spaces,driveways,
ga
2. Where the application is not filed for concurrent review with an application for discretionary
B. Planning Commission. The planning commission takes action on all other minor
modification
C. Referral to Planning Commission. The
community development director may refer any minor
2022; Ord.
1043 § 2 (Att. 2), 2020)		 Sections:
17.136.010 Purpose.
17.136.020 When allowed.
17.136.030 Review authority.
17.136.040 Application submittal and review.
17.136.050 Public notice and hearing.
17.136.060 Findings for approval.
17.136.070 Conditions of approval.
17.136.080 Appeals and post-decision procedures.
17.136.010 Purpose.
This chapter establishes the process to obtain a minor
modification.A minor
modification allow
owners, are consistent with the purpose of the zoning code and general plan and
local coastal pr
1043 § 2 (Att. 2), 2020)
17.136.020 When allowed.
A. Permitted
Modifications.The planning commission may approve a minor
modification to allo
property. Types of physical
development standards eligible for a minor
modification include:
1. Dimensional standards and
setbacks for
parking spaces,driveways,
garages,
parking lots,and
2. Minimum and maximum
setbacks from property lines;
3. Other similar dimensional standards as determined by the
community development director.
B. Excluded
Modifications.The city may not approve minor
modifications for:
1. Minimum required on-site open space and
landscaping;
2. Maximum
height of
buildings,
fences,
walls,and other
structures;
3.
Lot area, width, or depth;
4. Minimum number of off-street
parking spaces;
5. Maximum residential
density;
6. Maximum
floor area ratio (FAR); or
7.
Setbacks from ESHA or geologic hazards. (Ord.
1043 § 2 (Att. 2), 2020)
17.136.030 Review authority.
A.
Community Development Director.The
community development director takes action on mi
1. Requested deviations to dimensional standards and
setbacks for
parking spaces,driveways,
ga
2. Where the application is not filed for concurrent review with an application for discretionary
B. Planning Commission. The planning commission takes action on all other minor
modification
C. Referral to Planning Commission. The
community development director may refer any minor
2022; Ord.
1043 § 2 (Att. 2), 2020)		 r
 mo dification allow

local coastal pr		 dification allow

local coastal pr		 s for small deviations from
development standards to accommodate projects which meet the needs of property
ogram land use plan, and do not negatively impact neighboring properties or the community at large. (Ord.
w for a maximum ten percent deviation from a physical
development standard that applies to the subject
loading areas; and
nor
modification applications for:
rages,
parking lots,and loading areas; and
review by the planning commission or city council.
applications.

modification application to the planning commission for review and final decision. (Ord.
1057 § 2 (Att. 1),
a

m		 nd
o


ifi		 ca

arage		 s


fer any minor

17.136.040 Application submittal and review.

An application for a minor modification shall be filed and reviewed in compliance with Chapter 17.112 (Permit Application and Review) or, in the coastal zone, Chapter 17.44 (Coastal Overlay Zone) with a coastal development permit. The application shall include the information and materials required by the community development department for minor modification applications, together with all required application fees. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.136.060 (Findings for approval). (Ord. 1043 § 2 (Att. 2), 2020)

17.136.050 Public notice and hearing.

The planning commission shall review and act on a minor modification application at a noticed public hearing in compliance with Chapter 17.148 (Public Notice and Hearings). (Ord. 1043 § 2 (Att. 2), 2020)

17.136.060 Findings for approval.

To approve a minor
A. The
modification
B. The
modification
C. The
modification
D. The
modification
E. The
modification
F. The
modification
G. The
modification
17.136.070 Co
The planning comm
plan adopted by the		 prove a minor

modification
modification application, the planning commission shall make all of the following findings:
will be compatible with
adjacent structures and uses and is consistent with the character of the neighborhood or district where it is located.
will not adversely impact neighboring properties or the community at large.
is necessary due to unique characteristics of the subject property,
structure,or use.
will be consistent with the purpose of the zoning district, the general plan,
local coastal program,and any adopted area or neighborhood plan.
is consistent with the general plan,
local coastal program,and any applicable specific plan or area plan adopted by the city council.
will not establish a precedent.
will not adversely impact coastal resources. (Ord.
1043 § 2 (Att. 2), 2020)
nditions of approval.
ission may attach conditions of approval to a minor
modification to achieve consistency with the general plan,
local coastal program,zoning code, and any applicable specific plan or area
city council. (Ord.
1043 § 2 (Att. 2), 2020)

modification

modification

modification

modification

modification

modification

17.136.080 Appeals and post-decision procedures.

A. Planning commission decisions on minor modifications may be appealed to the city council as described in Chapter 17.152 (Appeals).

B. Post-decision procedures and requirements in Chapter 17.156 (Post-Decision Procedures) apply to minor modifications. (Ord. 1043 § 2 (Att. 2), 2020) Home Previous Next

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