Chapter 17.28
VISITOR SERVING OVERLAY ZONE Revised 11/24

Sections:

17.28.010    Purpose of the visitor serving overlay zone. Revised 11/24

17.28.020    Land use regulations. Revised 11/24

17.28.030    Development standards. Revised 11/24

17.28.010 Purpose of the visitor serving overlay zone. Revised 11/24

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 subzones (see Figure 17.28-1) with unique land use and development standards:

1. Visitor Serving – Rispin (VS-R). Applies to the Rispin site (APNs 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 the southwestern portion of parcel 036-142-28 as depicted in Figure 17.28-1. The VS zoning overlay designation on the Monarch Cove Inn site acts as both the base zoning district and an overlay district (i.e., the permitted land uses identified in Table 17.28-1 are the only permitted land uses allowable on the site and the applicable land use regulations and development standards are limited to those identified in this chapter).

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 including the residentially zoned parcels formerly associated with the Monarch Cove Inn (comprised of APN 036-142-27 and the northeastern portion of APN 036-142-28 as depicted in Figure 17.28-1). The -VS zoning overlay designation on the Inn at Depot Hill site (APNs 036-121-38 and 036-121-33) acts as both the base zoning district and an overlay district (i.e., the permitted land uses identified in Table 17.28-1 are the only permitted land uses allowable on the site and the applicable land use regulations and development standards are limited to those identified in this chapter).

Figure 17.28-1: Visitor Serving Districts

(Res. 4400 (Exh. A), 2024; Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.28.020 Land use regulations. Revised 11/24

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]

–

–

C

–

 

Multifamily Dwellings

C [2][11]

–

–

–

C [2]

 

One Caretaker Unit for On-Site Security

C

C

C

C

C

 

Single-Family Dwellings

C [3][11]

–

–

–

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

–

C

–

 

Public Parking Lots

C

C

–

–

–

 

Public Paths and Coastal Accessways

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

–

–

–

–

 

Vacation Rentals With On-Site Manager

C [12]

–

–

C [12]

–

 

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 [13]

–

 

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] Prohibited on the former Capitola Theater site (APNs 035-262-04, 035-262-02, 035-262-11, and 035-261-10) and the Inn at Depot Hill (APNs 036-121-38 and 036-121-33). For the residential Monarch Cove parcels (APNs 036-142-27 and the northeast portion of APN 036-142-28), single-family residential uses must meet the provisions of Section 17.28.030(G).

[12] Vacation rental allowed on VS-MC only with twenty-four-hour, full-time on-site staff in residence during times of occupancy. Vacation rental allowed on the residentially zoned parcels formerly associated with the Monarch Cove Inn (comprised of APN 036-142-27 and the northeast portion of APN 036-142-28) without a twenty-four-hour, full-time on-site staff in residence.

[13] 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. (Res. 4400 (Exh. A), 2024; Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)

17.28.030 Development standards. Revised 11/24

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 (GH Geologic Hazards District).

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 all of the following findings can be made:

1. The proposed development and design are 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 of the shoreline, as identified in Capitola’s local coastal program, are not blocked by the proposed development.

D. Landscaping. See Table 17.72-2 in Chapter 17.72 of this code (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 minimized, unobtrusive, down-directed and shielded using the best available dark skies technology, harmonious with the local area, and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled and that light spill, sky glow and glare impacts are minimized.

2. Lighting of natural areas (such as creeks, riparian areas, the beach, etc.) shall be prohibited past the minimum amount that might be necessary for public safety purposes, except when temporarily permitted in conjunction with a temporary event.

3. 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.

F. Coastal Development Permit. If a proposed development is located in the coastal zone, it may require a coastal development permit (CDP) as specified in Chapter 17.44 (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).

G. Monarch Cove Inn /Monarch Cove Residential Properties Additional Requirements. The following additional requirements shall apply to the VS-MC subzone (i.e., APN 036-143-31 and the southwest portion of APN 036-142-28) as well as the Monarch Cove residential properties (i.e., APN 36-242-27 and the northeastern portion of APN 036-142-28) as depicted on Figure 17.28-1. Approval of any proposed development on these sites shall only be allowed if:

1. Adequate parking and fire/safety ingress/egress to serve both inland (residential) and seaward (visitor-serving) properties are provided.

2. Adequate public access is provided from El Salto Drive to the coastal bluff and to existing rights-of-way along Escalona Drive and area trails, including as may need to be relocated inland due to coastal erosion. Such public access shall, at a minimum, be provided parallel to the northern property boundary of APN 036-143-31 to connect with the existing public rights-of-way.

3. Unless determined to be infeasible, ingress/egress to any new development on the inland residential property shall be provided from Escalona Drive. (Res. 4400 (Exh. A), 2024; Ord. 1057 § 2 (Att. 1), 2022; Res. 4223, 2021; Ord. 1043 § 2 (Att. 2), 2020)