Article III: Regulations Applying to Some or All Districts

 

 

Chapter 18.15           General Site Regulations

Sections:

18.15.010    Purpose and Applicability

18.15.020    Accessory Buildings and Structures

18.15.030    Development on Substandard Lots

18.15.040    Fences and Walls

18.15.050    Hazardous Material Site Assessment

18.15.060    Height and Height Exceptions

18.15.070    Lighting and Illumination

18.15.080    Projections into Yards

18.15.090    Screening

18.15.100    Swimming Pools and Spas

18.15.110    Trash and Recycling Collection Areas

18.15.120    Underground Utilities

18.15.130    Visibility at Intersections and Driveways

18.15.010         Purpose and Applicability           [Back to Top of Chapter]

The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards shall be used in conjunction with the standards for each zoning district established in Article II, Base and Overlay District Regulations. In any case of conflict, the standards specific to the zoning district shall override these regulations.

18.15.020         Accessory Buildings and Structures   [Back to Top of Chapter]

A.            Applicability.

1.            The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as decks and trellises, that are over six feet in height and that are detached from and accessory to the main building on the site.

2.            When an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this Ordinance applicable to the main building. Allowed building projections into setbacks are stated in Section 18.15.080, Projections into Yards.

3.            Where a Second Dwelling Unit is located over a detached garage, the entire structure shall be considered a main building, subject to the base district standards for main buildings. No portion of this building shall be closer to any lot line than is permitted for any other main building.

B.            Relation to Existing Structures. A detached accessory building may only be constructed on a lot on which there is a permitted main building to which the accessory building is related or on an adjacent lot under the same ownership. However, an accessory building may be constructed prior to a permitted main building and used for not more than one year in connection with the construction of the main building provided that a building permit is obtained for the entire project, including the accessory building, prior to the start of any construction.

C.           Number of Accessory Structures. There shall be no more than two accessory structures located on any property without prior approval of the Director.

D.           Location. Accessory structures shall be located in the rear half of the lot.

1.            Corner Lot. On a corner lot, no detached accessory building shall be located so as to project beyond the front yard required or existing on the adjacent lot.

2.            Through Lot. On a through lot having frontage on two more or less parallel streets, no detached accessory building shall be located on the one-fourth of the lot nearest either street.

3.            Garage Exception. In RS Districts, garages may be allowed on the front half of a lot in accordance with Section 18.04.030, Development Standards-RS Districts.

E.            Height. Accessory structures with slab-type foundation shall be no greater than 12 feet high measured from adjacent grade. Accessory structures with raised floor-type foundation shall be no greater than 15-feet high measured from adjacent grade.

F.            Setbacks. Accessory structures may be located on an interior side or rear lot line, except as provided below.

1.            Accessory structures shall be setback a minimum of three feet from any alley or lot line.

2.            Accessory structures adjacent to the front one-half of any adjacent lot shall be setback a minimum of five feet from the lot line.

3.            Detached garages with a linear length or depth which exceeds 25 feet on a side shall be setback a minimum of five feet from the lot line.

4.            Accessory structures other than detached garages with a linear length or depth which exceeds one-third of the unobstructed distance along a property line shall be setback a minimum of five feet from the lot line.

G.           Rear Yard Area. Detached accessory structures shall not occupy more than 30 percent of the required rear yard area.

H.           Separation from Main Buildings. No detached accessory structure shall be located closer than six feet from the main building, inclusive of roof covering.

I.              Facilities.

1.            A detached accessory structure that has not been approved as a Second Dwelling Unit may contain a toilet, shower and sink upon review and approval by the Director and the Chief Building Official. A bathtub is not permitted. The applicant shall obtain all necessary Building Permits for work to be performed. The applicant shall sign a statement, at the time of submittal for a Building Permit, which will prohibit the use of the accessory structure as a Second Dwelling Unit. The signed statement shall be in the form of a restrictive covenant, and shall be recorded.

2.            A detached accessory structure may have plumbing for a washer, dryer, and/or utility sink provided that it has an open floor plan without interior partitions, and that it is located at least five feet from side and rear lot lines.

J.            Permits. Accessory structures greater than 120 square feet shall require Director approval and a building permit from the Building Division.

18.15.030         Development on Substandard Lots      [Back to Top of Chapter]

Any lot or parcel of land under one ownership and of record on the first day of March, 1959, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located.  

18.15.040         Fences and Walls

Fences, walls, dense hedges, and similar structures shall comply with the standards of this section.

A.            Purpose. To provide residents with greater security and protected outdoor living space through fencing of property while allowing light, views, access and visibility for the health, safety and welfare of the citizenry. Limitations on fencing also serve to maintain the aesthetic value of the City.

B.            Standard Fences—Height, Regulation and Exceptions in Residential Districts.

1.            Front Yards. No fence, wall, hedge or screen planting of any kind located between the front property line and the front-most wall of a residence establishing an existing front setback (or the required front setback, whichever is less) shall be constructed, grown or maintained to exceed four feet in height. However, front yard fences within the sight distance triangular area shall not exceed three feet in height unless an exception is obtained pursuant to Section 18.15.040-C(14). This provision shall not apply to the following items, provided that such amenities do not significantly obstruct vehicular or pedestrian visibility or significantly obscure light and views to adjacent properties:

a.            Specimen trees or shrubs that do not form a continuous barrier;
b.            Light poles, pillars or pilasters (not to exceed six feet in height and 18 inches in width);
c.            Front yard fence posts with attached lights (not more than two permitted; posts not to exceed four feet in height and 18 inches in width and depth plus a two-foot-high light fixture);
d.            Gates no higher than four feet in height and four feet in width for pedestrian gates; 14 feet in width for driveway gates;
e.            Trellises used for pedestrian purposes (not to exceed eight feet in height, five feet in width and five feet in depth);
f.             One mailbox structure not to exceed six feet in height;
g.            Up to three statuary structures not to exceed four feet in height, two feet in width and two feet in depth each; and
h.            Other structures which the Director determines are of a similar nature.

2.            Street Side Yards. Fences located within a required street side yard shall not be constructed, grown or maintained to exceed four feet in height except as provided below.

a.            The Director may grant a waiver to allow a fence in the street side setback up to six feet in height plus one foot of lattice if he finds that there are no substantial health and safety or visual impacts to neighbors associated with the location and height of the proposed fence.
b.            If the fence falls within a corner lot or driveway area, the fence must also meet the requirements of Paragraph 4, Corner Lots.

3.            Rear and Interior Side Yards. Fences located between the front-most wall establishing an existing front setback (or the required front setback, whichever is less) and the side or rear lot line, shall not be constructed, grown or maintained to exceed six feet in height plus one foot of lattice. If the fence falls within a corner lot or driveway area, the fence must also meet the requirements of Paragraph 4, Corner Lots.

4.            Corner Lots. Fences shall be a maximum of three feet in height within the sight distance triangle, unless an exception is obtained from the Building Official as outlined in Section 18.15.040-C(14). Trees, or any portions thereof, that are located within this sight distance triangle shall have a clearance of seven feet high minimum between the lowest portion of the canopy and the sidewalk, and 13 feet high minimum between the lowest portion of the canopy and street.

Figure 18.15.040-B: Fence and Wall Height

C.           Special Fences—Height and Regulations. Special fences are subject to review and approval by the Director, who may impose reasonable conditions or restrictions including, but not limited to, neighbor notification, setbacks and landscape screening as deemed necessary to ensure compatibility of the special fence with adjoining lots and those in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with. Special fences include, but are not limited to, the following:

1.            Recreation Area Fence. Fences not to exceed 12 feet in height may be located around tennis courts, badminton courts, basketball or volleyball courts and similar play areas, providing that all parts of the fence over six feet are made of open-wire construction or other corrosion-resistant material;

2.            Security Fences. Fences not to exceed eight feet in height may be located around industrial, manufacturing or research uses where required for security purposes, screening, or containing and protecting hazardous materials;

3.            Swimming Pool Fences. Fences required for swimming pools are governed by San Carlos Municipal Code Chapter 15.40, Swimming Pools, and Section 18.15.100, Swimming Pools and Spas. Swimming pool fences are not subject to Director approval unless they exceed the standard fence height regulations stated in Section 18.15.040(B);

4.            Abutting Nonresidential Fences. Where residential properties abut industrial or commercial areas, or public property other than a public street, fences may be constructed to a height not to exceed eight feet, and meeting minimum site distance triangle requirements;

5.            Trellises used for pedestrian purposes exceeding eight feet in height, five feet in width and five feet in depth;

6.            Statuary structures exceeding the exemption limit of three structures and/or exceeding four feet in height and two feet in depth;

7.            Fence posts greater than 18 inches in width or depth;

8.            Front yard fence posts with more than two attached lights. In no event shall such posts exceed four feet in height plus a two-foot-high light fixture;

9.            Chain link fencing in residential areas is permitted in the side and rear yards with vinyl-coating and landscape screening. Chain link fencing shall not exceed six feet in height in these areas. Chain link fencing in front yards in residential areas is not permitted;

10.          Fences not to exceed six feet in height with an additional one foot of lattice for any portion of an irregular lot between the house and property line adjacent to the public right-of-way;

11.          Fences not to exceed six feet in height with an additional one foot of lattice for any portion of a lot 200 feet in depth or greater between the house and property line adjacent to the public right-of-way. Such fences shall not be located closer than 15 feet to the front property line;

12.          Fences not to exceed six feet in height with an additional one foot of lattice within front yards when not located in front of a primary residence and not closer than 15 feet to a front property line;

13.          Gates exceeding four feet in width for pedestrian use or 14 feet in width for driveway use;

14.          Exceptions to sight distance triangles if the necessity for the fence outweighs concerns for public safety as determined by the Building Official;

15.          Other structures which the Director determines are of a similar nature.

D.           Prohibited fences. The following types of fences are prohibited:

1.            Barbed wire or razor wire, except the use of barbed wire fencing may be permitted for security purposes in Industrial Districts at the top portion of a fence at least six feet in height upon approval of a Conditional Use Permit;

2.            Electrically charged fences;

3.            All wire, twine or rope fences consisting of one or more strands;

4.            Fences constructed or maintained in the public right-of-way without an encroachment permit;

5.            Fences constructed or maintained closer than three feet to any fire hydrant;

6.            Fences constructed or maintained so as to sag or lean;

7.            Dilapidated fences;

8.            Fences creating a safety hazard to motorists and/or pedestrians;

9.            Construction fencing where no valid Building Permit exists; and

10.          Chain link fencing in front and corner side yards in Residential Districts.

E.            Fencing in Commercial Zoning Districts. All fencing over six feet in height within commercially zoned districts shall be subject to review and approval by the Director. In no case shall fencing exceed eight feet in height.

F.            Fencing in the Public Right-of-Way. All fencing in the public right-of-way requires an encroachment permit from the City Engineer and shall be subject to all requirements of this chapter, in addition to those of the Public Works Department.

G.           Building Permit and Staff Approval Requirements.

1.            No person shall erect, construct or maintain any solid fence or wall exceeding six feet in height (exclusive of lattice) without first obtaining a permit from the Building Division.

2.            No person shall erect, construct or maintain fences in combination with retaining walls of any height without first obtaining a permit from the Building Division.

3.            No person shall erect, construct or maintain pressure treated wood retaining walls over three feet tall without first obtaining a permit from the Building Division. Walls three feet and under must have backfill no steeper than 2:1.

4.            No person shall erect, construct or maintain concrete or masonry retaining walls over four feet tall, measured from the bottom of the footing to the top of the wall without first obtaining a permit from the Building Division.

H.           Nonconforming Fences and Vegetation. Nonconforming fences and vegetation shall comply with the following:

1.            All existing nonconforming fences and walls in the public right-of-way shall be immediately removed or otherwise made to conform to Ordinance standards.

2.            Any shrubs, trees or other foliage which, in the opinion of the Chief of Police, obscures safe sight distance from driveways and corners shall be trimmed by the property owner to a condition satisfactory to the Chief of Police.

3.            Any other existing legally nonconforming fence may remain, provided that it is not replaced as defined in Section 18.41.020, Definitions, or constitutes as hazardous condition as determined by the Building Official.

18.15.050         Hazardous Material Site Assessment

A.            Site Assessment. All development proposals in areas identified in the General Plan as sites with current or historic environmental contamination, as well as other sites determined by the Director to have the potential for contamination based on prior land use, require a hazardous and toxic soil contamination site assessment. The Director may impose reasonable conditions of approval, as warranted, to implement recommendations of the site assessment.

B.            Waiver of Assessment. No assessment is required for a development proposal located in an area for which the Director determines that sufficient information exists because of previous assessments or reports.

18.15.060         Height and Height Exceptions

The structures listed in the following table may exceed the maximum permitted building height for the district in which they are located, subject to the limitations stated and further provided that no portion of a structure in excess of the building height limit may contain habitable areas or advertising. Additional height, above this limit, may be approved with a Conditional Use Permit, pursuant to the provisions of Chapter 18.30, Use Permits.

Structures Allowed Above the Height Limit

Maximum Coverage,
Locational Restrictions

Maximum Vertical Projection Above the Height Limit (ft)

Skylights

20% of roof area

One

Chimneys not over 6 feet in width

10% of roof area

8

Flagpoles

5% of roof area

8

Rooftop open space features such as sunshade and windscreen devices, open trellises, and landscaping (for multi-family and non-residential buildings only)

10% of roof area. Must be setback from the exterior wall one foot for every foot of projection above the height limit.

10

Elevator and stair towers (for multi-family and non-residential buildings only)

10% of roof area. Must be setback from the exterior wall one foot for every foot of projection above the height limit.

16

Decorative features such as spires, bell towers, domes, cupolas, obelisks, and monuments

10% of roof area. Must be setback from the exterior wall one foot for every foot of projection above the height limit.

6 for residential development in RS Districts; 20 elsewhere

Fire escapes, catwalks, and open railings required by law
Solar panels, and other energy production facilities located on a rooftop

No restriction

10

Distribution and transmission towers, lines, and poles
Water tanks
Windmills
Radio towers
Industrial structures where the manufacturing process requires a greater height.

25% of the area of the lot, or 10% of the roof area of all on-site structures, whichever is less. Must be located at least 25 feet from any lot line.

10

Building-mounted telecommunications facilities, antennas, and microwave equipment.

Subject to the provisions of Chapter 18.24, Telecommunications Facilities.

 

18.15.070         Lighting and Illumination

A.            Applicability. The standards of this section apply to all new development and additions that expand existing floor area by 10 percent or more.

B.            General Standards.

1.            Multiple-Unit Residential Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.

2.            Nonresidential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of 0.5 foot-candle of light.

3.            Pedestrian-Oriented Lighting. In the Mixed-Use Districts, exterior lighting shall be provided for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination.

4.            Maximum Height. Lighting standards shall not exceed the maximum heights specified in the following table.

District

Maximum Height (ft)

Residential Districts

16

Commercial and Mixed-Use Districts

16 feet within 100 feet of any street frontage; 20 feet in any other location.

Industrial Districts

20 feet within 100 feet of any street frontage; 25 feet in any other location.

Public and Semi-Public and Airport District

25, or as necessary for safety and security

 

C.           Control of Outdoor Artificial Light.

1.            Purpose. This subsection is intended to minimize outdoor artificial light that may have a detrimental effect on the environment, astronomical research, amateur astronomy, and enjoyment of the night sky. These provisions are also intended to reduce the unnecessary illumination of adjacent lots and the use of energy.

2.            Exemptions. The following types of lighting fixtures are exempt from the requirements of this section:

a.            Public and Private Street Lighting.
b.            Athletic Field Lights. Athletic field lights used within a school campus or public or private park.
c.            Safety and Security Lighting. Safety and security lighting for public facilities, including, but not limited to the airport and hospitals.
d.            Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.
e.            Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

3.            Prohibited Lighting. The following types of exterior lighting are prohibited:

a.            Drop-down lenses;
b.            Mercury vapor lights; and
c.            Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.

4.            Fixture Types. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. All luminaries shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for “Cut Off” or “Full Cut Off” luminaries.

Figure 18.15.070-C(4): Fixture Types

5.            Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located. Light or glare from mechanical or chemical processes, high-temperatures processes such as combustion or welding, or from reflective materials on buildings or used or stored on a site, shall be shielded or modified to prevent emission of adverse light or glare onto other properties.

6.            Light Trespass. Lights shall be placed to deflect light away from adjacent lots and public streets, and to prevent adverse interference with the normal operation or enjoyment of surrounding properties.

a.            Direct or sky-reflected glare from floodlights shall not be directed into any other lot or street.
b.            No light or combination of lights, or activity shall cast light exceeding one foot candle onto a public street, with the illumination level measured at the centerline of the street.
c.            No light, combination of lights, or activity shall cast light exceeding 0.5 foot candle onto a residentially zoned lot, or any lot containing residential uses.

7.            Required Documentation. Project applicants shall submit photometric data from lighting manufacturers to the City to demonstrate that the lighting requirements have been satisfied.

8.            Alternate Materials and Methods of Installation. Designs, materials, or methods of installation not specifically prescribed by this section may be approved, provided that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions.

18.15.080         Projections into Yards

Building projections may extend into required yards, according to the standards of Table 18.15.080, Allowed Building Projections into Required Yards, subject to all applicable requirements of the California Building Code. The “Limitations” column states any dimensional, area, or other limitations that apply to such structures where they project into required yards. 


 

Table 18.15.080: Allowed Building Projections Into Required Yards


Projection

Front or Street
Side Yard (ft)

Interior Side Yard (ft)

Rear Yard (ft)

Limitations

All projections

Notwithstanding any other subsection of this section, no projection may extend closer than three feet to an interior lot line or into a public utility easement.
Where any setback of this ordinance conflicts with the California Building Code, the more restrictive shall apply.

Cornices, canopies, eaves, and similar architectural features; chimneys

2

2

2

Bay windows

3

2

3

Shall not occupy more than one-third of the length of the building wall on which they are located or one-half of the length of a single room.

Fire escapes required by law or public agency regulation

4

4

4

Uncovered stairs, ramps, stoops, or landings that service above first floor of building

3

2

3

Depressed ramps or stairways and supporting structures designed to permit access to parts of buildings that are below average ground level

3.5

3.5

3.5

Decks, porches and stairs

 

Less than 18 inches above ground elevation

6

2

Any distance if uncovered;
10 if covered

Must be open on at least three of sides and no closer than 7 ft of a street-facing property line or 3 ft of an interior property line. The Director may grant exceptions in the Hillside Overlay District to provide access to a driveway or street.

18 inches or more above ground elevation

3

2

3

Ramps and similar structures that provide access for persons with disabilities

Reasonable accommodation will be made, consistent with the Americans with Disabilities Act; see Chapter 18.33, Waivers.

 

Figure 18.15.080: Building Projections

Description: ALLOWED BUILDING PROJECTIONS INTO REQUIRED YARDS

18.15.090         Screening

A.            Applicability. The standards of this section apply to all new development and additions that expand existing floor area by 10 percent or more.

B.            Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the street, highway, train tracks, or adjacent Residential Districts. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems. Screening materials shall be consistent with the exterior colors and materials of the building. Exceptions may be granted by the Director where screening is infeasible due to health and safety or utility requirements.

C.           Outdoor Storage Areas. Outdoor storage areas shall be screened from view from any public street or freeway; existing or planned residential area; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare. 

1.            Screening walls and fences visible from any public street or highway; Residential or Mixed-Use District; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare shall be architecturally compatible with the main structure on the site and shall not have barbed wire or razor wire visible from any street or public access.

2.            Screening walls and fences shall not exceed maximum fence heights established in Section 18.15.040, Fences and Walls, except fencing and screening fences and walls up to 15 feet in height may be allowed outside required setback areas in the GCI, IL, and IH Districts with Director approval. No stored goods may exceed the height of the screening wall or fence.

D.           Common Property Lines. A screening wall at least six feet in height shall be provided on the interior lot lines of any lot that contains any industrial use, or transportation, communication and utilities use (except Communication Facilities and Minor Utilities), as defined in Chapter 18.40, Use Classifications, and abuts a Residential District. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another non-residential use classification.

1.            Location. Screening walls shall follow the lot line of the lot to be screened, or shall be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots the building, facility, or activity required to be screened.

2.            Materials. Industrial uses must provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel, wood or other substantially equivalent material. Chain-link fencing does not fulfill the screening wall requirement.

3.            Berms. An earth berm may be used in combination with the above types of screening walls, but not more than two-thirds of the required height of such screening may be provided by the berm.

4.            Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

18.15.100         Swimming Pools and Spas

Swimming pools and spas shall comply with San Carlos Municipal Code Chapter 15.40, Swimming Pools, as well as the following standards:

A.            If located in a Residential District, the swimming pool or spa is to be solely for the use and enjoyment of residents and their guests.

B.            The swimming pool or spa, or the entire lot on which it is located, shall be walled or fenced from the street or from adjacent lots; and where located less than 30 feet to any lot line, shall be screened by a masonry wall or solid fence not less than six feet in height on the side facing such lot line.

C.           Swimming pool or spa filtration equipment shall not be closer than 15 feet to the main building on an adjoining lot.

D.           Swimming pool or spa filtration equipment and pumps shall not be located in the front or street side yard. All equipment shall be mounted and enclosed so that its sound in in compliance with Section 18.21.050, Noise.

E.            The outside wall of the water-containing portion of any swimming pool or spa shall be located at least five feet from all interior side and rear lot lines.

F.            Swimming pools shall be built and maintained per the requirements of the California Building Code.

18.15.110         Trash and Recycling Collection Areas

A.            Purpose. The purposes of this section are to:

1.            Establish design and locational criteria for the construction of solid waste and recycling-container enclosures.

2.            Ensure that enclosures are functional, serviceable, durable, unobtrusive, and architecturally compatible with adjacent buildings.

3.            Ensure adequate area for the storage of recyclable materials as required by the California Solid Waste Reuse and Recycling Act of 1991, as amended.

B.            General Requirements and Alternatives. San Carlos Municipal Code Chapter 8.04, Solid Waste, requires that all trash and garbage be placed in an appropriate receptacle. All garbage cans, mobile trash bins, receptacles, as defined and regulated in Chapter 8.04, and all recycling materials and containers for such recycling materials shall be maintained and stored in accord with this section.

1.            Applicability. Solid waste and recycling-container enclosures are required for new dwelling groups of three or more dwelling units and for all new non-residential development and additions and remodels of non-residential buildings where the aggregate valuation of one or more than one addition or remodel in any 12-month period, exceeds 10 percent of the then-current assessed value of the improvements for the subject property.

2.            Alternatives. Projects with 10 or fewer residential units may have individual trash containers for each unit, provided that there is a designated screened location for each individual trash container adjacent to the dwelling unit and provided that solid waste and recycling containers for each unit are brought to the curbside for regular weekly or bi-weekly collection.

3.            Compliance with Other Regulations. All trash and refuse collection enclosures shall comply with the California Fire Code and the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit.

C.           Size. Trash and recycling enclosures shall be sized to accommodate all trash, garbage, and recyclables until such items are picked-up by the City or its contracted solid waste and recycling collector(s).

D.           Location and Orientation. All trash and recycling enclosures shall meet the following requirements unless the Director determines that compliance is infeasible. A Building Permit shall not be issued for a project until documentation of approval of the location is provided by the Director.

1.            The solid waste and recycling storage area shall not be visible from a public right-of-way and shall not be located within any required front yard, street side yard, any required parking and landscaped areas, or any other area required by this ordinance to be constructed or maintained unencumbered according to fire and other applicable building and public safety codes.

2.            Solid waste and recycling areas shall be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. For multi-unit residential projects, there should be a minimum of one trash enclosure per 50 units and the enclosure should be located within 100 feet of the residential units.

3.            Solid waste and recycling storage areas shall be accessible so that trucks and equipment used by the or its contracted solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing.

E.            Materials, Construction, and Design.

1.            Minimum Height of Screening. Solid waste and recycling storage areas located outside or on the exterior of any building shall be screened with a solid enclosure at least six feet high.

2.            Enclosure Material. Enclosure material shall be wood, solid masonry or concrete tilt-up with decorated exterior-surface finish compatible to the main structure(s).

3.            Gate Material. Gate material shall be decorative, solid, heavy-gauge metal or a heavy-gauge metal frame with a covering of a view-obscuring material.

4.            Access to Enclosure from Residential Projects. Each solid waste and recycling enclosure serving a residential project shall be designed to allow disposal to the appropriate receptacle without having to open the main enclosure gate.

5.            Enclosure Pad. Pads shall be a minimum of four-inch-thick concrete.

6.            Bumpers. Bumpers shall be two inches by six inches thick and made of concrete, steel, or other suitable material and shall be anchored to the concrete pad.

7.            Protection for Enclosures. Concrete curbs or equivalent shall protect enclosures from adjacent vehicle parking and travel ways.

8.            Landscaping. The perimeter of the recycling and trash enclosure shall be planted, if feasible, with drought-resistant landscaping, including a combination of shrubs and/or climbing evergreen vines.

9.            Clear Zone. The area in front of and surrounding all enclosure types shall be kept clear of obstructions, and shall be painted, striped, and marked “No Parking.”

10.          Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system.

11.          Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of 62,000 pounds.

18.15.120         Underground Utilities

All electrical, telephone, cable television, and similar distribution lines providing direct service to a project shall be installed underground within the site. This requirement may be waived by the Director upon determining that underground installation is infeasible.

18.15.130         Visibility at Intersections and Driveways

A.            Street Intersections. Vegetation and structures may not exceed a height of three feet within the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of 40 feet along both lines from their intersection, unless an exception is obtained from the Building Official. Trees, or any portions thereof, that are located within this sight distance triangle shall have a clearance of seven feet high minimum between the lowest portion of the canopy and the sidewalk, and thirteen feet high minimum between the lowest portion of the canopy and street.

B.            Driveways. Visibility of a driveway crossing a street lot line shall not be blocked above a height of three feet by vegetation or structures for a depth of 12 feet as viewed from the edge of the right-of-way on either side of the driveway at a distance of 12 feet. Street trees that are pruned at least seven feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers are permitted.

C.           Exempt Structures and Plantings. The regulations of this section do not apply to permanent buildings; public utility poles; saplings or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; official warning signs or signals; or places where the contour of the ground is such that there can be no cross visibility at the intersection.

Figure 18.15.130: Intersection and DRIVEWAY Visibility

 

Chapter 18.16           Affordable Housing Programs

 

(No changes to Chapter 18.200, Affordable Housing Programs, are proposed at this time.)

Chapter 18.17           Affordable Housing Incentives

 

(No changes to Chapter 18.204, Affordable Housing Incentives, are proposed at this time.)

 

Chapter 18.18           Landscaping

Sections:

18.18.010    Purpose

18.18.020    Applicability

18.18.030    Landscape Design Principles

18.18.040    Landscape Plans

18.18.050    Areas to be Landscaped

18.18.060    General Landscaping Standards

18.18.070    Trees

18.18.080    Water Efficient Landscaping and Irrigation.

18.18.090    Irrigation Specifications.

18.18.100    Installation and Completion

18.18.110    Maintenance

18.18.120    Liability Limitations

18.18.010         Purpose

The specific purposes of the landscaping regulations are to:

A.            Improve the appearance of the community by requiring aesthetically pleasing landscaping on public and private sites;

B.            Aid in energy conservation by providing shade from the sun and shelter from the wind;

C.           Soften the appearance of parking lots and other development through landscaping;

D.           Encourage conservation of water resources through the use of native and drought-tolerant plants, and water-conserving irrigation practices;

E.            Minimize or eliminate conflicts between potentially incompatible but otherwise permitted land uses on adjoining lots through visual screening; 

F.            Provide areas for residential gardening and raising of food crops;

G.           To preserve, maintain and provide for reforestation of trees for the health and welfare of the City in order to preserve the scenic beauty; provide habitat; maintain and increase property values; prevent erosion of topsoil; protect against flood hazards and the risk of landslides; counteract the pollutants in the air; maintain the climatic balance; promote healthy streams and riparian corridors; enhance the urban forest;  minimize the urban heat island effect; provide shade, store carbon and decrease wind velocities; and promote the general welfare and prosperity of the City; 

H.           Establish regulations for the preservation and removal of protected trees within the City in order to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of private property; and

I.              To enhance walkability by encouraging shaded sidewalks and accessible passageways.

18.18.020         Applicability

The standards of this section apply to all new development and additions except as follows:

A.            Single Unit Dwellings, Second Dwelling Units, Duplexes and additions less than 10 percent of the floor area of the main building are exempt from the standards of this chapter, except that Section 18.18.070, Trees, and 18.18.110, Maintenance, shall apply.

B.            Landscaping that is part of a registered historic site, plant collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not require a permanent irrigation system.

18.18.030         Landscape Design Principles

The following design principles are to be used by decision-makers in evaluating whether landscape plans conform to the requirements of this section:

A.            Natural Landscapes. Landscape designs should incorporate and enhance existing natural landscapes and existing specimen trees and native vegetation (including canopy, understory, and ground cover). Particular care should be given to preserve intact natural landscapes. Where previous landscaping has dramatically altered natural landscapes, new designs should seek to reestablish natural landscape patterns and plantings.

B.            Composition. The quality of a landscape design is dependent not only on the quantity and selection of plant materials but also on how that material is arranged. Landscape materials should be arranged in a manner as to provide the following qualities and characteristics:

1.            Texture. Landscape designs should provide a textured appearance through the use of a variety of plant material rather than a single species, by contrasting large leaf textures with medium and small leaf textures, and with a variety of plant heights. Spacing of key landscaping components, such as trees and shrubs, should be consistent with the overall design approach of the landscape plan. Formal landscape designs benefit from a uniform spacing of plants, whereas varied spacing and clustering of trees is more compatible with a naturalistic design.

2.            Color. Landscape designs shall include a variety of plants to provide contrasting color to other plants in the design. Designs are encouraged to include flowering plants and especially a mix of plants that display colorful flowers throughout the year.

3.            Form. Landscape designs should consider the complete three-dimensional form of the landscaping, not simply the form of individual elements. The interrelationship of all landscape elements should be considered so that the final design presents a coherent whole.

C.           Buffering and Screening. The placement of natural landscape materials (trees, shrubs, and hedges) is the preferred method for buffering differing land uses, for providing a transition between adjacent lots, and for screening the view of any parking or storage area, refuse collection, utility enclosures, or other service area visible from a public street, alley, or pedestrian area. Plants may be used with fences or berms to achieve the desired screening or buffering effect. Plant material should be mature enough at the time of planting to provide an effective buffer or screen, and should be planted in an appropriate location to allow for desired growth within a reasonable period of time. When used to screen an activity area such as a parking lot, landscaping shall not obstruct the visibility of motorists or pedestrians or interfere with public safety.

D.           Responsive to Local Context and Character. Landscape designs should build on the site’s and area’s unique physical characteristics, conserving and complementing existing natural features. Naturalistic design elements such as irregular plant spacing, undulating berm contours, and mixed proportions of plant species should be used to ensure that new landscaping blends in and contributes to the quality of the surrounding area. Selection and spacing of plant material should be reflective of the surrounding area’s character.

E.            Use of Native and Drought Resistant Plants. Landscape designs should feature native and/or related plant species, especially in areas adjacent to existing native vegetation, to take advantage of the unique natural character and diversity of the San Francisco peninsula region and the adaptability of native plants to local environmental conditions. Where feasible, the re-establishment of native habitats should be incorporated into the landscape design. In the same manner, landscape designs should utilize drought tolerant plant materials to the maximum extent feasible. The use of drought-tolerant plants should enrich the existing landscape character, conserve water and energy, and provide as pleasant and varied a visual appearance as plants that require more water.

F.            Continuity and Connection. Landscaping should be designed within the context of the surrounding area, provided that the landscaping is also consistent with these design principles. Where the design intent and the surrounding landscape is naturalistic, plant materials should blend well with adjacent properties, particularly where property edges meet, to create a seamless and natural landscape. Where the design intent and the surrounding landscape is formal, consistent or similar plant material and spacing should be utilized. Exceptions should be made when seeking to create a transition between uses or zoning districts.

G.           Enhancing Architecture. Landscape designs should be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Major landscape elements should be designed to complement architectural elevations and rooflines through color, texture, density, and form on both vertical and horizontal planes. Landscaping should be in scale with on-site and adjacent buildings. Plant material shall be installed at an appropriate size and allowed to accomplish these intended goals. When foundation planting is required, plantings and window boxes should incorporate artistic elements and be compatible with a building’s architectural character.

18.18.040         Landscape Plans

A landscape plan shall be submitted with the permit application for all projects for which landscaping is required.

A.            Information Required.  Landscape plans shall be drawn to scale and shall include the following: 

1.            Proposed plant locations, species, sizes, and plant factor. Plants with similar water needs shall be grouped together on the landscape plan. The plant factor, established in the California Department of Water Resources study, Water Use Classification of Landscape Species, shall be identified for all landscaped areas on a site. All water features shall be identified as high water use, and temporarily irrigated areas shall be identified as low water use.

2.            Location of any existing trees over six inches in diameter, as measured at 48 inches above natural grade, and whether each such tree is proposed for retention or removal. 

3.            Measures to prepare the soil for planting based on soil texture, infiltration rate, pH, total soluble salts, sodium, and percent organic matter.

4.            A grading plan that indicates existing and proposed contours, height of graded slopes, drainage patterns, pad elevations, finish grade, and stormwater retention improvements.

5.            An irrigation plan that indicates the location, type and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, and backflow prevention devices.

6.            Any additional proposed landscape elements and measures to facilitate plant growth or control erosion. 

B.            Alternative Landscape Plan. An applicant may demonstrate that the intent of the landscape requirements of this section can be achieved through an Alternative Landscape Plan. The Alternative Landscape Plan shall be prepared in accord with the principles and design criteria set forth in this section and shall clearly describe the modifications being requested from the provision of this section and how they reflect one or more of the evaluation criteria listed below.

1.            Innovative use of plant materials and design techniques in response to unique characteristics of the site or the proposed use.

2.            Preservation or incorporation of existing native vegetation.

3.            Incorporation of naturalistic design principles, such as variations in topography, meandering or curvilinear plantings, and grouping of dominant plant materials (trees, large shrubs) in a manner consistent with existing native vegetation.

4.            Integration of landscaping and pedestrian facilities in a manner that improves access or incorporates pedestrian-friendly design.  This may include reduced ground-level planting along the front setback if canopy shade trees along sidewalks are provided.

5.            Use of additional shade trees to create a greater canopy effect.

6.            A greater degree of compatibility with surrounding uses than a standard landscape plan would offer.

C.           Preparation by Qualified Person.  Landscaping for commercial projects, industrial projects, institutional projects, and residential projects consisting of more than five units shall be prepared by a California Registered Landscape Architect.

18.18.050         Areas to be Landscaped

The following areas shall be landscaped, and may count toward the total area of site landscaping required by the zoning district regulations.

A.            Required Setbacks. All required front and street-facing side setbacks, except for areas used for exit and entry, shall be landscaped.

Figure 18.18.050-A: Required Setbacks

B.            Lot Perimeters.  Landscape buffers shall be installed and maintained along side and rear lot lines between differing land uses, in accordance with the following standards.

1.            Required Landscape Buffers. Table 18.18.050-B(1), Required Landscape Buffers, shows when a buffer treatment is required, and of what type, based on the proposed and the adjoining use. Only the proposed use is required to provide the buffer yard. Adjoining uses are not required to provide the buffer yard. The type of buffer yard required refers to buffer yard-type designations as shown in Table 18.18.050-B (2), Buffer Yard Requirements. “-” means that a buffer yard is not required unless required by another section of this Ordinance.

Use

Adjoining Use

Park or Open Space

Single-unit Residential

Multi-unit Residential


Mixed Use

General Commercial


Industrial

Multi-unit Residential

Type 1

Type 1

-

-

-

-

Mixed Use

Type 2

Type 2

Type 2

-

-

-

Commercial

Type 2

Type 2

Type 2

-

-

Type 1

Industrial

Type 2

Type 2

Type 2

Type 2

Type 2

-

 

2.            Buffer-yard Types. Table 18.18.050-B(2), Buffer Yard Requirements, describes the minimum width, plant materials, and wall requirements for each type of buffer yard. The listed number of trees and shrubs are required for each 100 lineal feet of buffer yard. Trees shall be planted at least 40 feet on center. Natural areas with native vegetation or alternative planting materials which achieve equivalent buffering effects may be approved by the Director.



Buffer Yard Type



Minimum Width (ft)

Trees

Shrubs

Canopy (mature height of 40 ft or more)

Understory (mature height
of less than
40 ft)

Large (mature spread of 2 ft
or more)

Small (mature spread of less than 2 ft)

Type 1

5

2

2

4

8

Type 2

10

2

3

6

8

 


Figure 18.18.050-B(2): Buffer Yard Requirements

 

3.            Width Reduction for Adjacent Landscaped Buffer.  If an equivalent landscape buffer exists on the adjacent lot, the width of the required buffer may be reduced 50 percent provided that the abutting property owners have provided a written agreement restricting the use of the adjacent landscape buffer.

C.           Building Perimeters. The portions of a building that front a public street shall have one or more landscape planters installed along a minimum 20 percent of that building face. The minimum width of the planter shall be three feet. This standard does not apply where a building is located on the front or street side property line.

Figure 18.18.050-C: Building Perimeters

D.           Parking Areas. Parking areas as required by Chapter 18.20, Parking and Loading.

E.            Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

18.18.060         General Landscaping Standards

A.            Materials.

1.            General. Landscaping may consist of a combination of groundcovers, shrubs, vines, and trees. Landscaping may also include incidental features such as stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting. Landscaped areas may include paved or graveled surfaces, provided they do not cover more than 10 percent of the area required to be landscaped. Plant materials shall be selected from among those species and varieties known to thrive in the San Carlos climate and where applicable, selected from an approved list maintained by the City. Recirculating water shall be used for decorative water features. Garden areas and other areas dedicated to edible plants are considered landscaped areas and count toward required landscaping.

2.            Ground Cover Materials. Ground cover shall be of live plant material. Groundcover may include grasses. Non-plant materials such as gravel, colored rock, cinder, bark, and similar materials may not be used to meet the minimum planting area requirements required by this section, except with approval of an Alternative Landscape Plan under Section 18.18.040(B).

3.            Turf Allowance/Drought-Tolerant Materials. The maximum amount of lawn in required landscape areas shall be 25 percent, except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than 25 percent is prohibited. The use of drought-tolerant plant materials is preferred to conserve the City’s water resources.

4.            Mulch. A minimum two inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers or other special planting situations where mulch is not recommended. Stabilizing mulching products shall be used on slopes.

5.            Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of the following size and spacing at the time of installation:

a.            Ground Covers. Ground cover plants other than grasses must be at least the four-inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one per 12 inches on center.
b.            Shrubs. Shrubs shall be a minimum size of one gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two to four feet of spacing, depending on the plant species.
c.            Trees. A minimum of 15 percent of the trees planted shall be 24 inch-box or greater in size. All other trees shall be a minimum of 15 gallons in size with a one-inch diameter at 48 inches from grade. Newly planted trees shall be supported with stakes or guy wires.

B.            Dimension of Landscaped Areas. No landscaped area smaller than three feet in any horizontal dimension shall count toward required landscaping.

C.           Prescribed Heights. The prescribed heights of landscaping shall indicate the height to be attained within three years after planting.

D.           Drivers’ Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety. Notwithstanding other provisions of this section, landscaping must comply with Section 18.15.130, Visibility at Intersections and Driveways.


 

18.18.070         Trees

A.            Trees.  Trees shall be provided as follows:

1.            RS Districts: one tree for every 1,000 square feet of lot coverage for residential development; one tree for every 2,000 square feet of lot coverage for non-residential development;

2.            RM and Mixed-Use Districts: one tree for every 2,000 square feet of lot coverage;

3.            Commercial Districts: one tree for every 2,000 square feet of lot coverage;

4.            Industrial Districts: one tree for every 5,000 square feet of lot coverage;

5.            If the lot size or other site conditions make planting of the required trees impractical to comply with, the applicant may request that the trees be planted off-site at twice the ratio.  Documentation that such trees have been planted shall be submitted to the Planning Department.

6.            If the required number and size of trees already exists on the site, the applicant shall not be required to plant new trees on-site.  Instead, the existing trees shall be shown on the site and landscape plans submitted to the Planning Department, and those trees shall be maintained in compliance with the standards of this chapter.

7.            Street oriented trees are preferable to meet the requirements for a minimum of one of the required trees.

B.            Protected Trees. The following requirements apply to protected trees:

1.            No protected tree shall be removed, pruned, or otherwise materially altered without a permit except as provided in this section. Trimming of a protected tree is allowed without such a permit.

2.            Chemicals or other construction materials shall not be stored within the drip line of protected trees.

3.            Drains shall be provided as required by the Director whenever soil fill is placed around protected trees.

4.            Signs, wires or similar devices shall not be attached to protected trees.

5.            If the proposed development, including any site work for the development, will encroach upon the drip line of a protected tree, special measures shall be utilized, as approved by the Review Authority, to allow the roots to obtain oxygen, water, and nutrients as needed. Any excavation, cutting, filling, or compaction of the existing ground surface within the protected perimeter, if authorized at all by the Review Authority, shall be minimized and subject to such conditions as may be imposed by the Review Authority. No significant change in existing ground level shall be made within the drip line of a protected tree. No burning or use of equipment with an open flame shall occur near or within the protected perimeter.

6.            Underground trenching for utilities shall avoid major support and absorbing tree roots of protected trees. If avoidance is impractical, tunnels shall be made below the roots. Trenches shall be consolidated to service as many units as possible. Trenching within the drip line of protected trees shall be avoided to the greatest extent possible and shall only be done under the at-site directions of a certified arborist.

7.            No concrete or asphalt paving shall be placed over the root zones of oaks.

8.            No compaction of the soil within the root zone of protected trees shall occur.

C.           Tree Removal Permit

1.            Application. Application and fees for tree removal permits shall be submitted in accordance with the provisions set forth in Chapter 18.27, Common Procedures. The application shall state, among other things, the number and location of the tree(s) to be removed or pruned by type and the reason for removal or pruning of each. The application shall also include a photograph with correct botanical identification of the subject tree(s). When removal or pruning of a protected tree is proposed as part of or in conjunction with new development the application shall also include:

a.            A site plan showing the location of buildings, structures and proposed site disturbances;
b.            The location of all protected trees on the site; and
c.            The protected trees on the site that would be removed or pruned.

2.            Review. In reviewing applications for removal or pruning of protected trees, the Director shall give priority to those based on hazard or danger of disease. The Director may refer any application to another department, committee, board or commission of the City for a report and recommendation, and may require the applicant to provide an arborist’s report.

3.            Notice of Issuance. The property owner shall post a notice of issuance of any permit for a tree removal at the subject property for 24 hours before a significant tree is removed and a minimum of one week before a heritage tree is removed. The City will furnish the owner with a copy of the notice of issuance.

4.            Required Findings. The determination of the Director in granting or denying the permit shall be based upon making one or more of the following findings. If a permit is denied or conditions attached, the Director shall provide the applicant with a written statement of the reasons for such denial or conditions based upon the findings listed below.

a.            The tree:
i.              Is diseased;
ii.             Could adversely affect the general health and safety;
iii.            Could cause substantial damage;
iv.           Is a public or private nuisance;
v.            Is in danger of falling;
vi.           Substantially detracts from the value of the property;
vii.          Interferes with utility services;
viii.         Acts as a host for a plant which is parasitic to another species of tree which is in danger of being infested or exterminated by the parasite; or
ix.           Is a substantial fire hazard.
b.            The required action is necessary to:
i.              Utilize the property in a manner which is of greater public value than any environmental degradation caused by the action; or
ii.             Allow reasonable economic or other enjoyment of the property.

5.            Conditions. In granting a Tree Removal Permit, the Director may attach reasonable conditions to insure compliance with the content and purpose of this chapter, such as, but not limited to, the following.

a.            Replacement of trees removed with plantings acceptable to the Director. The replacement tree shall be a minimum size 24 inch-box specimen tree of a species, size and location approved by the Director.
b.            Special construction to allow irrigation and aeration of roots and preservation of the protected tree.
c.            Tree wells or other tree protection techniques.

6.            Emergencies. If an emergency develops regarding a protected tree removal which requires immediate response for the safety of life or property, action may be taken by obtaining oral permission of the Director, notwithstanding other provisions contained in this chapter. Such emergencies shall be exempt from protected tree permit application procedures; however, replacement shall occur as provided in this chapter.

7.            Expiration. If no action on an approved Tree Removal Permit is taken within a period of one year from the date of approval, the permit shall be considered void.

8.            Appeals. Tree Removal Permit decisions are subject to the appeal provisions of Section 18.27.150, Appeals.

D.           Violation. In addition to the provisions of Chapter 18.39, Enforcement and Abatement Procedures, and Chapter 1.20, Penalties, of the Municipal Code, any person who removes or causes to be removed any protected tree in violation of this chapter shall be required to:

1.            Apply for and obtain a Tree Removal Permit and pay a double application fee.

2.            Be responsible for property restoration which shall include:

a.            Replacing the tree or trees removed with a tree or trees of reasonably equivalent value and largest size feasible to the tree(s) removed;
b.            The number, size and location of replacement trees shall be determined by the Director after receipt of a report and recommendation by a licensed arborist;
c.            Paying the fees of the licensed arborist, including any fees for the valuation under paragraph 3 below.

3.            Pay a civil penalty to the City, with the funds placed in the City’s Tree Planting Fund, in the amount of two thousand five hundred dollars or the actual monetary value of the tree(s), as determined by a licensed arborist, whichever is less. The arborist shall use the then-current issue of “A Guide to Plant Appraisal” published by the International Society of Arboriculture.

18.18.080         Water Efficient Landscaping and Irrigation. 

Landscaping shall be designed and plantings selected so that water use is minimized. The estimated total water use (ETWU) of the proposed landscaping on a site shall not exceed the maximum applied water allowance (MAWA). Calculating MAWA and ETWU is described in subsections A and B below. Variables used in the calculations are defined in subsection C.

A.            Calculating Maximum Applied Water Allowance (MAWA). MAWA shall be calculated as follows:

MAWA = (26.54)[(0.7 x LA) + (0.3 x SLA)]

B.            Calculating Estimated Total Water Use (ETWU). ETWU shall be calculated as follows:

ETWU = (26.54)[(PFA)/IE + (SLA)]

C.           Variables Used in Water Efficiency Calculations.

1.            Landscaped Area (LA). Total landscaped area, expressed in square feet, including all areas dedicated to planting, turf, and water features. The landscape area does not include footprints of building or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, or other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). Landscaped area (LA) includes special landscaped areas (SLA).

2.            Special Landscaped Areas (SLA). Area of landscape, expressed in square feet, dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

3.            Plant Factor Adjustment (PFA). The sum of the products of the area in each planting type multiplied by the plant factor establithed in the California Department of Water Resources study, Water Use Classification of Landscape Species, for that planting type.

4.            Irrigation Efficiency (IE). Amount of water beneficially used divided by the amount of water applied. IE value is 0.71 unless verification is provided that greater irrigation efficiency can be expected due to irrigation system design and maintenance.

18.18.090         Irrigation Specifications.

An irrigation system shall be installed that consists of low-volume sprinkler heads, dry emitters, and bubbler emitters with automatic controllers. Each system shall be designed to provide adequate coverage to all plant material. Irrigation systems shall be designed, maintained, and managed to meet or exceed 0.71 IV value for irrigation efficiency.

A.            Irrigation systems and decorative water features shall be designed to allow for the current and future use of recycled water and shall use recycled water unless a written exemption has been granted by the City, stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future.

B.            Soil types and infiltration rate shall be considered when designing irrigation systems. 

C.           All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. 

D.           Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff.

E.            Overhead irrigation is prohibited within 24 inches of any non-permeable surface. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it.

F.            The irrigation plans shall include the following to provide better water efficiency for all landscaped areas:

1.            Equipment.

a.            Drip and bubbler systems shall be used in areas where watering needs do not exceed one and one-half gallons per minute per device.
b.            Slopes greater than 25 percent shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour unless it is demonstrated that no runoff or erosion will occur.

2.            Water Meters. Separate landscape water meters shall be installed for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet.

3.            Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Automatic controllers shall be digital, and should have multiple programs, multiple cycles, and sensor input capabilities.

4.            Valves. Plants which require different amounts of water shall be irrigated by separate valves.  If one valve is used for a given area, only plants with similar water use shall be used in that area.

a.            Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.
b.            Manual shut-off valves are required as close as possible to the point of connection of the water supply.

5.            Sprinkler Heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance.

6.            Rain or Moisture-Sensor Devices. Soil moisture sensors and rain or moisture-sensing override devices are required.

18.18.100         Installation and Completion

A.            Consistency with Approved Plans. All landscaping shall be installed consistent with approved plans and specifications, in a manner designed to promote and maintain healthy plant growth.

B.            Timing of Installation. Required landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the project.

C.           Exception—Assurance of Landscaping Completion. The Director may permit the required landscaping to be installed within 120 days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to 150 percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 days, must be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.

D.           Certification of Substantial Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor. A certificate of substantial completion shall be submitted to the City by the licensed project contractor. The certificate shall specifically indicate that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies.

18.18.110         Maintenance

A.            Responsibility.  The City is responsible for trimming and maintaining public trees and landscaping, and private property owners are responsible for trimming and maintaining private trees and landscaping.

B.            General.  All planting and other landscape elements shall be maintained in good growing condition. Wherever necessary, plantings shall be replaced with other plant materials to insure continued compliance with applicable landscaping requirements.  

C.           Public Safety. Property owners of lots fronting on any portion of a street shall maintain private trees and landscaping in such condition that the trees or landscaping will not interfere with the public safety and convenience in the use of the streets or sidewalks. Such owners shall also maintain such trees so that there is an eight-foot pedestrian clearance from the top of the sidewalk or pathway, and a 13-foot vehicular clearance from the top of the curb or top of the pavement.

1.            The Public Works Director may inspect any and all trees, shrubs and landscaping which overhang or project into a street or sidewalk to determine whether any of them same create an obstruction or a hazard to the public.

2.            Upon determining that an obstruction or hazard exits, the Public Works Director shall give written notice to the owner, in person or by mailing a notice to his last known address, as the same appears on the last equalized assessment roll of the County, to remove or abate the obstruction or the hazard within two weeks from the date of the notice.

3.            If a property owner fails or refuses to abate a nuisance, the City may abate the condition and the City’s cost of such abatement shall be reimbursed to the City by the property owner.

D.           Visibility. Any shrubs, trees, or other foliage which, in the opinion of the Sheriff’s Captain, obscures safe sight distance from driveways and corners shall be trimmed by the property owner to a condition satisfactory to the Sheriff’s Captain.

E.            Trees. Trees shall be maintained to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing such damage to the extent that its life would be impaired shall be replaced with another tree.

18.18.120         Liability Limitations

Nothing contained in this chapter shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep trees, protected trees, shrubs, hedges, and other landscaping upon such private property, or under his control, or upon streets in front of or contiguous to such private property, in a safe condition.

Chapter 18.19           Nonconforming Uses, Structures, and Lots

Sections:

18.19.010    Purpose

18.19.020    Applicability

18.19.030    Establishment of Lawful Nonconforming Uses, Structures and Lots

18.19.040    Continuation and Maintenance of Nonconforming Structures

18.19.050    Additions and Enlargements to Nonconforming Structures

18.19.060    Expansion of Nonconforming Uses

18.19.070    Changes and Substitutions of Nonconforming Uses

18.19.080    Repair and Replacement of Damaged or Destroyed Nonconforming Buildings

18.19.090    Abandonment of Nonconforming Uses

18.19.100    Abatement

18.19.010         Purpose

This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Ordinance in a manner that does not conflict with the General Plan. To that end, the chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare.

18.19.020         Applicability

The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this Ordinance as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Zoning Map.

A.            Nonconforming structures and uses include:

1.            Those made nonconforming by the addition of a standard or requirement previously not required for such use or structure; and

2.            Uses and structures reclassified from permitted to being subject to a discretionary permit.

B.            Nothing contained in this Ordinance shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a Building Permit has properly been issued, in accordance with the provision of ordinances then in effect and upon which actual construction has been started prior to the effective date of this Ordinance, provided that in all such cases, actual construction shall be diligently carried on until completion of the building or structure.

18.19.030         Establishment of Lawful Nonconforming Uses, Structures and Lots

Any lawfully established use, structure, or lot that is in existence on the effective date of this Ordinance or any subsequent amendment but does not comply with all of the standards and requirements of this Ordinance shall be considered nonconforming. Nonconforming uses and structures may only be continued subject to the requirements of this chapter.

A.            Nonconformities, Generally. A non-conformity may result from any inconsistency with the requirements of this Ordinance including, but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved Use Permit or other required authorization. A use or structure shall not be deemed nonconforming solely because it does not conform with the parking and loading space dimension standards, landscape planting area, or screening regulations of the district in which it is located or does not conform to the standards for the following building features: garage door location; garage door width; cornices, eaves, and other ornamental features that exceed maximum projections into required yards; or bay windows, balconies, and terraces above the second floor that exceed maximum projections into required yards. Also see Section 18.20.030(B), Nonconforming Parking or Loading.

B.            Nonconforming Lots. Any lot that is smaller than the minimum lot size required by this Ordinance or does not meet any of the applicable dimensional requirements shall be considered a lawful nonconforming lot if it is described in the official records on file in the office of the San Mateo County Recorder as a lot of record under one ownership. A nonconforming lot may be used as a building site subject to compliance with all applicable requirements, unless a variance or other modification or exception is approved as provided for in this Ordinance.

C.           Airport Hazards. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.

18.19.040         Continuation and Maintenance of Nonconforming Structures

Lawful nonconforming structures may be continued and maintained in compliance with the requirements of this section unless deemed by the Building Officical to be a public nuisance because of health or safety conditions.

A.            Right to Continue. Any use or structure that was lawfully established prior to the effective date of this Ordinance or of any subsequent amendments to its text or to the Zoning Map may only be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure; no increase in occupant load; nor any enlargement of the area, space, or volume occupied by or devoted to such use, except as otherwise provided in this chapter. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership. No substitution, expansion, or other change in use and no alteration or other change in structures is permitted, except as otherwise provided in this chapter.

B.            Maintenance and Nonstructural Repairs. Maintenance, non-structural repairs and non-structural interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure.

C.           Structural Repairs. Structural repairs that do not enlarge or extend the structure, including modification or repair of building walls, columns, beams, or girders repairs may be permitted only when the Building Division determines that such modification or repair is immediately necessary to protect public health and safety, occupants of the nonconforming structure, or occupants of adjacent property, and when the cost of such work does not exceed 50 percent of the appraised value of the nonconforming structure.

D.           Metal Structures. Metal structures that do not conform to the Building and Fire Code shall be improved so as to comply with the Building and Fire Code standards, or removed. Prior to the issuance of a Building Permit or zoning clearance for an alteration, change in occupancy, change in ownership or repair of damage by fire or disaster to a nonconforming metal structure, the property owner shall enter into an agreement with the City providing that the structure shall be improved or altered to comply with the City Building and Fire Codes, or shall be removed within 15 years of the agreement date. This provision shall be imposed:

1.            When a change in occupancy (as defined by the Uniform Building Code) is proposed for more than 50 percent of the gross floor area of the building;

2.            When the building or property ownership changes; or

3.            When the building is damaged by fire or other disaster to an extent of more than 50 percent of its appraised value.

18.19.050         Additions and Enlargements to Nonconforming Structures

Nonconforming structures may be enlarged or extended in compliance with all applicable laws subject to the following provisions:

A.            Additions Generally. Additions to and/or enlargements of nonconforming structures are allowed, and no Use Permit is required, if the addition or enlargement complies with all applicable laws and requirements of the Code and if the existing use of the property is conforming.

B.            Residential Additions. Additions or enlargements may be made to a building that is designed for and used as a residence without requiring any additional parking space or changes to an existing driveway provided that such alterations or enlargements neither trigger the need for additional parking pursuant to Chapter 18.20, Parking and Loading, nor occupy the only portion of a lot that can be used for required parking or access to parking.

C.           Second Dwelling Units. Notwithstanding the requirements of subsection B above, a second unit in compliance with Section 18.23.210, Second Dwelling Units, may be developed on a lot that contains a single-unit dwelling that is nonconforming with respect to development standards. If the single-unit dwelling is nonconforming because it does not meet parking standards, a second unit may only be established when parking is provided to meet the applicable requirements of Chapter 18.20, Parking and Loading, for the primary dwelling unit.

D.           Effect of Nonconforming Setbacks. For the purpose of additions in any residential district, continuation of a nonconforming setback shall not be considered an increase in the discrepancy, provided that:

1.            Within the nonconforming area, a minimum of 50 percent of the exterior wall and 50 percent of the roof remains and is not removed as part of the scope of work for the addition;

2.            In no case shall any existing setback of less than three feet be considered legal for purposes of this chapter; and

3.            Any residential additions above the first floor shall conform to the setbacks in effect at the time the application for the addition is submitted.

E.            Effect of Excessive Lot Coverage. Additions to or enlargements of nonconforming structures that exceed the maximum allowable lot coverage require approval of a variance pursuant to the provisions of Chapter 18.32, Variances, if the addition or enlargement would increase the lot coverage.

18.19.060         Expansion of Nonconforming Uses

No lawful nonconforming use may be expanded without the approval of a Use Permit, subject to the following requirements.

A.            Within a Conforming Structure. A nonconforming use occupying a portion of a structure that conforms to this Ordinance may expand the portion that it occupies with Zoning Administrator approval of a Minor Use Permit in accord with Chapter 18.30, Use Permits.

B.            Expansion within a Structure that Does Not Conform to this Ordinance. A nonconforming use in a structure that does not conform to the requirements of this Ordinance but does conform to the requirements of the Building Code may expand its occupancy and building floor area subject to Zoning Administrator approval of a Minor Use Permit in accord with Chapter 18.30, Use Permits, provided, however, that the expansion meets the requirements this Ordinance.

C.           Expansion within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements.

18.19.070         Changes and Substitutions of Nonconforming Uses

No lawful nonconforming use shall be changed to a different use type or subclassification without the approval of a Use Permit unless the new use is permitted by right in the zoning district. This requirement does not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 18.40, Use Classifications, and the use is not expanded or intensified.

A.            Change from Nonconforming to Permitted Use. Any nonconforming use may be changed to a use that is allowed by right in the district in which it is located and complies with all applicable standards for such use.

B.            Absence of Permit. Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining a Minor Use Permit pursuant to the requirements in Chapter 18.30, Use Permits.

C.           Substitutions. The Zoning Administrator may allow substitution of a nonconforming use with another nonconforming use, subject to approval of a Minor Use Permit. In addition to any other findings required by this Ordinance, the Administrator must finding that:

1.            The existing nonconforming use was legally established;

2.            The proposed new use would not preclude or interfere with implementation of the General Plan or any applicable adopted specific, area, or community plan;

3.            The proposed new use will be no less compatible with the purposes of the district and surrounding uses that comply with the requirements of this Ordinance than the nonconforming use it replaces;

4.            The proposed new use will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the surrounding area or be detrimental or injurious to property and improvements of adjacent lots, the surrounding area, or the neighborhood because of noise, odors, dust, glare, vibrations, or other effects; and

5.            The proposed new use will comply with all applicable standards of the district and citywide standards, there are special circumstances peculiar to the property and its relation to surrounding uses or to the district itself that would justify modification to applicable standards, or the impacts of the new use will be mitigated.

18.19.080         Repair and Replacement of Damaged or Destroyed Nonconforming Buildings

A lawful nonconforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or natural disaster which is not caused by an act or deliberate omission of a property owner, their agent, or person acting on their behalf or in concert with, may be restored or rebuilt subject to the following provisions.

A.            Restoration When Damage is 50 Percent or Less of Value. If the cost of repair or reconstruction does not exceed 50 percent of the appraised value of the building or structure replacement of the damaged portions of the building is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be made by a professional appraiser selected by the City, whose fee shall be paid by the building owner.

B.            Restoration When Damage Exceeds 50 Percent of Value. If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the building or structure, as determined pursuant to subsection A above, the land and building shall be subject to all of the requirements of this Ordinance, except as provided below.

1.            Non-Residential Structures. The Planning Commission may approve a Conditional Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.

2.            Residential Structures. Any nonconforming residential use may be reconstructed, restored, or rebuilt up to the size and number of dwelling units prior to the damage and the nonconforming use, if any, may be resumed subject to a Zoning Clearance in the case of single-unit dwellings or a Conditional Use Permit approval in the case of other residential uses, unless the Zoning Administrator finds that:

a.            The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or
b.            The existing nonconforming use of the building or structure can be more appropriately moved to a zoning district which the use is permitted, or that there no longer exists a district in which the existing nonconforming use is permitted.

3.            Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all applicable Building Code requirements, and Building Permit must be obtained within two years after the date of the damage or destruction.

18.19.090         Abandonment of Nonconforming Uses

No nonconforming use may be resumed, reestablished, reopened or replaced by any other nonconforming use after it has been abandoned or vacated for a period of six months, except as provided for in this section.

A.            Abandonment. The six-month period shall commence when the use ceases and any one of the following occurs:

1.            The site is vacated;

2.            The business license lapses;

3.            Utilities are terminated; or

4.            The lease is terminated.

B.            Reestablishment. The nonconforming use of a legally established structure may be reestablished if the Planning Commission approves a Conditional Use Permit after making all the following findings in addition to any other required findings. As a condition of approving the resumption of such nonconforming use, the Commission may impose a time limit on its duration if necessary in order to make the required findings.

1.            The structure cannot be used for any conforming use because of its original design or because of lawful structural changes made for a previous nonconforming use;

2.            The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50 percent of the replacement cost of the structure, as determined by the Building Official, within any five year period; and

3.            The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses.

18.19.100         Abatement

The provisions of this chapter shall not apply to a use or structure that is or becomes a public nuisance. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the Municipal Code and Section 18.39.020, Enforcement.

Chapter 18.20           Parking and Loading

Sections:

18.20.010    Purpose

18.20.020    Applicability

18.20.030    General Provisions

18.20.040    Required Parking Spaces

18.20.050    Parking Reductions.

18.20.060    Parking In-Lieu Fee

18.20.070    Location of Required Parking

18.20.080    Bicycle Parking

18.20.090    On-Site Loading

18.20.100    Parking Area Design and Development Standards

18.20.010         Purpose

The specific purposes of the on-site parking and loading regulations are to: 

A.            Ensure that adequate off-street parking and loading facilities are provided for new land uses and major alterations to existing uses;

B.            Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;

C.           Insure that adequate off-street bicycle parking facilities are provided and promote parking lot designs that offer safe and attractive pedestrian routes;

D.           Establish standards and regulations for safe and well-designed parking, unloading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses;

E.            Offer flexible means of minimizing the amount of area devoted to vehicle parking by allowing reductions in the number of required spaces in transit-served locations, shared parking facilities, and other situations expected to have lower vehicle parking demand; and

F.            Reduce urban run-off and heat island effect.

18.20.020         Applicability

The requirements of this chapter apply to the establishment, alteration, expansion, or change in any use or structure, as provided in this section.

A.            New Buildings and Land Uses. On-site parking shall be provided at the time any main building or structure is erected or any new land use is established.

B.            Reconstruction, Expansion and Change in Use of Existing Non-Residential Buildings. When a change in use, expansion of a use, or expansion of floor area creates an increase of 10 percent or more in the number of required on-site parking or loading spaces, additional on-site parking and loading shall be provided for such addition, enlargement, or change in use and not for the entire building or site. The existing parking shall be maintained. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant. Additional parking spaces are not required for the reconstruction of an existing building when there is no increase in floor area.

C.           Alterations that Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires on-site parking to serve the new dwelling units.  This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units.

D.           When Constructed. On-site parking facilities required by this chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

18.20.030         General Provisions

A.            Existing Parking and Loading to be Maintained. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location or maintenance below the requirements for such use, unless equivalent substitute facilities are provided. 

B.            Nonconforming Parking or Loading.

1.            An existing use of land or structure shall not be deemed to be nonconforming solely because of a lack of on-site parking and/or loading facilities required by this chapter, provided that facilities used for on-site parking and/or loading as of the date of adoption of this Ordinance are not reduced in number to less than what this chapter requires.

2.            If an existing garage or carport legally constructed with a Building Permit is less than 16 feet wide, it is considered physically unsuitable for two cars.

C.           Accessibility. Parking must be accessible for its intended purpose during all business hours.

D.           Stacked Parking. Stacked or valet parking is allowed if an attendant is present or an automated system is in place to move vehicles. If stacked parking managed by an attendant is used for required parking spaces, an acceptable form of guarantee must be filed with the Director ensuring that an attendant will always be present when the lot is in operation.

E.            Unbundling Parking from Residential Uses. The following rules shall apply to the sale or rental of parking spaces accessory to new multifamily residential uses of 10 units or more unless waived by the Director as infeasible:

1.            All off-street spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space.

2.            In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three-bedroom or more units, second to owners or renters of two bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Non-tenants may lease with a provision for 30 days to terminate the lease.

3.            Renters or buyers of on-site inclusionary affordable units shall have an equal opportunity to rent or buy a parking space on the same terms and conditions as offered to renters or buyers of other dwelling units.

F.            Residential Garage Conversion. The conversion of single-unit residential garages into living space is allowed only if:

1.            The residence was constructed prior to 1954 (the 1954 Zoning Code was the first City zoning code to require one parking space for single-unit dwellings);

2.            One off-street parking space will be provided; and

3.            The garage dimensions are no more than 10 feet wide by 30 feet deep.

18.20.040         Required Parking Spaces 

A.            Minimum Number of Spaces Required.  Each land use shall be provided at least the number of on-site parking spaces stated in paragraphs 1, 2, and 3 below.

1.            Mixed-Use Districts. The required numbers of on-site parking spaces are stated in Table 18.20.040-A(1), Required On-Site Parking Spaces, Mixed-Use Districts. The parking requirement for any use not listed in Table 18.20.040-A(1) shall be the same as required for the land use in other districts as stated in Table 18.20.040-A(3), Required On-Site Parking Spaces, Other Districts.

Land Use

Required Parking Spaces

Residential

Studio and one-bedroom units

1 space per unit

One covered space shall be provided for each unit. 
One additional guest parking space shall be provided for every 4 units for projects greater than 10 units.

Two or more bedrooms

1.5 spaces per unit

Non-Residential

Office

1 space per 450 square feet

Retail

1 space per 400 square feet

Restaurant

1 space per 250 square feet

2.            Industrial Arts Districts. Each land use in the IA district shall provide one parking space per 2,000 square feet of industrial use area plus one parking space per 300 square feet of office or customer area.

3.            Other Districts. Each land use in all districts except for Mixed-Use and Industrial Arts Districts shall be provided at least the number of on-site parking spaces stated in Table 18.20.040-A(3), Required On-Site Parking Spaces, Other Districts. The parking requirement for any use not listed in Table 18.20.040-A(3) shall be determined by the Director based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand.


 

Table 18.20.040-A(3): Required On-Site Parking Spaces, Other Districts

Land Use Classification

Required Parking Spaces

Residential Use Classifications

Single-Unit Residential

2 spaces per dwelling unit.

Must be within a garage or carport.

Second Dwelling Unit

1 space for each. See Section 18.23.210, Second Dwelling Units.

Affordable Housing Developments (Moderate Income and Below)

Studio

0.75 spaces per unit.

One additional guest parking space shall be provided for every 4 units, and overall, the number of covered spaces provided shall equal or exceed the number of units. Residential developments with one or more on-site below market rate units shall be allowed limited reductions in the parking requirements pursuant to Chapter 18.17, Affordable Housing Incentives.

One- or two-bedroom

1 space per unit.

Three or more bedrooms

2 spaces per unit.

Multi-unit Residential

Studio

1 space per unit.

One covered space shall be provided for each unit. 

One additional guest parking space shall be provided for every 2 units.

One- or two-bedroom

1.5 spaces per unit.

Three or more bedrooms

2 spaces per unit.

Small Family Day Care

None in addition to what is required for the residential use.

Large Family Day Care

1 per employee plus an area for loading and unloading children, on or off-site. (Required spaces and the residential driveway for the primary residential use may be counted toward meeting these requirements). 

Elderly and Long Term Care

2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each non-resident employee.

Group Residential

1 per bed plus 1 for every 10 beds.

Residential Care, Limited

None in addition to what is required for the residential use.

Residential Care, General and Senior

2 spaces for the owner-manager plus 1 for every 5 beds and 1 for each non-resident employee.

Single Room Occupancy

0.5 spaces per unit.

Public and Semi-Public Use Classifications

Colleges and Trade Schools, Public or Private

1 per 3 members of the school population (including students, faculty, and staff) based on maximum enrollment.

Community Assembly

1 for each 4 permanent seats in main assembly area, or 1 for every 30 sq. ft. of assembly area for group activities or where temporary or moveable seats are provided.

Cultural Institutions

For theaters and auditoriums: 1 for each 4 permanent seats in main assembly area, or 1 for every 30 sq. ft. of assembly area where temporary or moveable seats are provided.
Galleries, Libraries and Museums: 1 for every 1,000 sq. ft. of floor area.
Other establishments: as determined by the Director.

Day Care Center

1 per employee plus additional parking as provided in the Pick-up/Drop-off Plan required pursuant to Section 18.23.090, Day Care

Emergency Shelter

1 per 200 sq. ft. of floor area.

Government Offices

1 per 300 sq. ft. of floor area.

Hospitals and Clinics

1.75 per bed

Instructional Services

1 per 200 sq. ft. of public or instruction area

Schools, Public or Private

Elementary and Middle Schools: 1 per classroom, plus 1 per 250 sq. ft. of office area.
High Schools: 7 per classroom.

Social Service Facilities

1 per 200 sq. ft. of floor area.

Commercial Use Classifications

Animal Care, Sales and Services 

Grooming and Pet Stores

1 per 300 sq. ft. of floor area.

Kennels

1 per employee plus an area for loading and unloading animals on-site.

Veterinary Services

1 per 250 sq. ft. of floor area.

Artists’ Studios

1 per 1,000 sq. ft. of floor area.

Automobile/Vehicle Sales and Services

Automobile Rentals

1 per 250 sq. ft. of office area in addition to spaces for all vehicles for rent.

Automobile/Vehicle Sales and Leasing

1 per 3,000 sq. ft. of lot area.
Any accessory auto repair: 2 per service bay.

Automobile/Vehicle Repair, Major or Minor

1 space plus 4 per service bay. 1 per 250 sq. ft. of any retail or office on site.

Automobile/Vehicle Washing

1 per 250 sq. ft. of any indoor sales, office, or lounge areas.

Service Station

4 per service bay, if service bays are included on site. 1 per 250 sq. ft. of any retail or office on site.

Banks and Financial Institutions

1 per 300 sq. ft. of floor area.

Business Services

1 per 300 sq. ft. of floor area.

Commercial Recreation

Establishments with seating: 1 for each 4 fixed seats, or 1 for every 30 sq. ft. of seating area where temporary or moveable seats are provided.
Athletic Clubs: 1 per 150 sq. ft. of floor area.
Bowling alleys: 2 per lane.
Game Courts (e.g. tennis): 2 per court.
Swimming pools: 1 per 200 square feet of pool area plus 1 per 500 feet of area related to the pool.
Other Commercial Entertainment and Recreation uses: as determined by the Director.

Eating and Drinking Establishments

Bars/Night Clubs/Lounges

1 per 75 sq. ft. of public area.

Full Service

1 per 75 sq. ft. of customer seating area; no parking is required for outdoor seating when seats provided equal to 50 percent or less of total indoor seating.

Convenience/fast food

1 per 100 sq. ft. of floor area.

Food Preparation

1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office area.

Funeral Parlors and Mortuaries

1 for each 4 permanent seats in assembly areas, plus 1 per 250 sq. ft. of office area or 1 for every 30 sq. ft. of assembly area where temporary or moveable seats are provided.

Lodging

Bed and Breakfast

1 per room for rent in addition to parking required for residential use.

Hotels and Motels

1 per each sleeping unit, plus 2 spaces adjacent to registration office. Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use.

Maintenance and Repair Services

1 per 600 sq. ft. of floor area, plus one space for each fleet vehicle.

Nurseries and Garden Centers

1 per 500 sq. ft. of floor area; 1 per 1,000 sq. ft. of outdoor display area.

Offices

Business and Professional

1 per 300 sq. ft. of floor area up to 100,000 sq ft. 1 per 350 sq. ft over 100,000 sq. ft.

Medical and Dental

1 per 275 sq. ft. of floor area.

Walk-In Clientele

1 per 300 sq. ft. of floor area.

Parking, Public or Private

1 per attendant station (in addition to the spaces that are available on the site).

Personal Services

1 per 300 sq. ft. of floor area.

Retail Sales

Building Materials and Services

1 per 500 sq. ft. of floor area; 1 per 1,000 sq. ft. of outdoor display area.

All other Retail Sales subclassifications

1 per 300 sq. ft. of floor area.

1 per 750 sq. ft. of floor area for appliance and furniture stores.

Employment Use Classifications

Construction and Materials Yards

1 per 2,500 square feet up to 10,000 square feet. 1 per 5,000 square feet over 10,000 square feet.

Custom Manufacturing

1 per 2,000 sq. ft. of floor area, plus one per 300 sq. ft. of office.

Industry, General

1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office.

Industry, Limited

1 per 1,500 sq. ft. of use area plus 1 per 300 sq. ft. of office.

Recycling Facility

Collection Facility

See Section 18.23.190, Recycling Facilities.

Intermediate Processing Facility

1 for each 2 employees on the maximum work shift, or 1 per 1,000 sq. ft. of floor area, whichever is greater.

Research and Development

1 per 600 sq. ft. of manufacturing and assembly; 1 per 300 sq. ft. of office; 1 per 1,500 sq. ft. of warehousing; and 1 per 800 sq. ft. of laboratory.

Salvage and Wrecking

1 per 500 sq. ft. of building area plus 1 per 0.5 acre of gross outdoor use area.

Warehousing and Storage

Chemical, Mineral, and Explosives Storage

1 per 2 employees or 1 per 300 sq. ft. of office area, whichever is greater.

Indoor Warehousing and Storage and Outdoor Storage

1 per 2,000 square feet of area up to 10,000 square feet, 1 per 5,000 square feet over 10,000 square feet, plus 1 per 300 square feet of office.

Personal Storage

1 space per 75 storage units, plus 1 space per 300 square feet of office area. A minimum of 5 spaces shall be provided.

Wholesaling and Distribution

1 per 2,000 sq. ft. of use area up to 10,000 sq. ft., 1 per 5,000 sq. ft. over 10,000 square feet, plus 1 per 300 sq. ft. of office.

Transportation, Communication, and Utilities Use Classifications

Light Fleet-Based Services

1 per 300 sq. ft. of office floor area, plus one space for each fleet vehicle.

Utilities, Major

1 for each employee on the largest shift plus 1 for each vehicle used in connection with the use. Minimum of 2.

Utilities, Minor

None.

 

B.            Calculation of Required Spaces. The number of required parking spaces shall be calculated according to the following rules:

1.            Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half (0.5) or greater, shall be considered one additional space; if the fraction is less than one-half (0.5), it shall result in no additional spaces.

2.            Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is assumed to be gross floor area, unless otherwise stated.

3.            Employees. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to employees, the number of employees shall be based on the largest shift that occurs in a typical week.

4.            Bedrooms. Where an on-site parking requirement is stated as a ratio of parking spaces to bedrooms, any rooms having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room shall be counted as a bedroom.

5.            Students or Clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students (including children in day care), the number is assumed to be the number of students or clients at the state-certified capacity or at Building Code Occupancy where no state-certification is required.

6.            Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each 24 inches of bench-type seating at maximum seating capacity is counted as one seat.

C.           Sites with Multiple Uses. If more than one use is located on a site, the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 18.20.050, Parking Reductions.

D.           Exceptions.

1.            Small Commercial Uses Exempt. In the Mixed-Use and Commercial Districts, the following commercial uses are not required to provide on-site parking when they contain less than 1,500 square feet of floor area: Retail Sales, Personal Services, Eating and Drinking Establishments, Food and Beverage Retail Sales, Offices–Walk-in Clientele, and Banks and Financial Institutions. However, when more than four such establishments are located on a single lot, their floor areas shall be aggregated with all other establishments located on the lot in order to determine required parking.

2.            Industrial Arts District.

a.            On-street parking along a lot’s corresponding frontage lines shall be counted toward the parking requirement.
b.            Where a use with a legal nonconforming parking deficiency is replaced, the new use shall receive a parking credit equal to the number of required automobile parking spaces unmet by the previous use.

18.20.050         Parking Reductions.

The number of on-site parking spaces required by Section 18.20.040, Required Parking Spaces, may be reduced as follows.

A.            Transportation Demand Management Programs. The number of required parking spaces for any project subject to Chapter 18.25, Transportation Demand Management, shall be reduced by 20 percent of the normally required number of spaces.

B.            Transit Accessibility. For any land use except residential single-unit and duplex development, if any portion of the lot is located within ¼ mile of a transit stop with regular, scheduled service during the weekday hours of 7:00 a.m. to 9:00 a.m. and 5:00 p.m. and 7:00 p.m., the number of required parking spaces may be reduced by 20 percent of the normally required number of spaces. This parking reduction does not apply in the Mixed-Use or the Industrial Arts Districts because parking requirements for these districts already reflect transit accessibility.

C.           Motorcycle Parking. Motorcycle parking may substitute for up to five percent of required automobile parking. Each motorcycle space must be at least four feet wide and seven feet deep.

D.           Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to 40 percent with Planning Commission approval of a Conditional Use Permit approval, if the Commission finds that:

1.            The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

2.            The proposed shared parking provided will be adequate to serve each use;

3.            A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and

4.            In the case of a shared parking facility that serves more than one property, a parking agreement has been prepared consistent with the provisions of Off-Site Parking Facilities.

E.            Restaurant Parking. The total number of required parking spaces for restaurants with more than 2,500 square feet of floor area located within the area bounded by the south side of Holly Street, the west side of El Camino Real, the north side of Brittan Avenue and the east side of Walnut Street, as shown on Figure 18.20.050-E, may be reduced with Planning Commission approval of a Conditional Use Permit, subject to the following criteria:

1.            The restaurant is open for operation during the evenings until at least 9:00 p.m., a minimum of five days per week including one weekend evening; and

2.            Employees are required to park in permit parking areas of public parking plazas, when such permits are available.

Figure 18.20.050-E: Restaurant Parking
Reduction Area

Description: RESTAURANT PARKING

F.            Other Parking Reductions. Required parking for any use may be reduced through Planning Commission approval of a Conditional Use Permit.

1.            Criteria for Approval. The Commission may only approve a Conditional Use Permit for reduced parking if it finds that:

a.            Special conditions—including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program—exist that will reduce parking demand at the site;
b.            The use will adequately be served by the proposed on-site parking; and
c.            Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.

2.            Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the Director may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces.

18.20.060         Parking In-Lieu Fee

If a parking assessment district has been established, a fee may be paid to the City in lieu of providing required parking within the district. 

A.            In-lieu Fee Amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the City Council.

B.            Use of Funds. In-lieu fees shall be used for programs to reduce parking impacts including, but not limited to, the costs of any of the following:

1.            Off-street parking facilities, including acquisition, development, and maintenance of parking facilities located in the parking assessment district;

2.            Mass transit equipment, including stock and attendant facilities serving the area in which the buildings for which the payments are made are located;

3.            Transit or paratransit passes, coupons, and tickets to be made available at a discount to employees and customers and to promote and support incentives for employee ride-sharing and transit use; or

4.            Transportation system management projects.

18.20.070         Location of Required Parking

A.            Residential Uses.

1.            Single-Unit Dwellings, Duplexes, and Second Units. Required parking for a Single-Unit Dwelling, Duplex, or Second Unit shall be located on the same lot as the dwelling(s) served. Parking shall not be located within required setbacks except for Second Units.

2.            Other Residential Uses. Required parking for residential uses other than Single-Unit Dwellings, Duplexes, and Second Units shall be on the same lot as the dwelling or use they serve or in an off-site facility as provided in Subsection C. Parking shall not be located within a required front or street-facing side yard.

B.            Nonresidential Uses. Required parking spaces serving non-residential uses shall be located on the same lot as the use they serve, or in an off-site parking facility as provided in Subsection C. If located in an off-site parking facility, a parking agreement shall be filed as provided in Subsection C.

C.           Off-Site Parking Facilities. Parking facilities for uses other than Single-Unit Dwellings, Duplexes, and Second Units may be provided off-site with Director approval of a Minor Use Permit provided the following conditions are met.

1.            Location.

a.            Residential Uses. Any off-site parking facility must be located within 100 feet, along a pedestrian route, of the unit or use served.
b.            Non-residential Uses. Any off-site parking facility must be located within 400 feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

2.            Parking Agreement. A written agreement between the landowner(s) and the City in a form satisfactory to the City Attorney shall be executed and recorded in the Office of the County Recorder. The agreement shall include:

a.            A guarantee among the landowner(s) for access to and use of the parking facility; and
b.            A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation.

18.20.080         Bicycle Parking

A.            Short-Term Bicycle Parking. Short-term bicycle parking shall be provided in order to serve shoppers, customers, messengers, guests and other visitors to a site who generally stay for a short time.

1.            Parking Spaces Required. For the following uses, the number of short-term bicycle parking spaces shall be at least 10 percent of the number of required automobile parking spaces, with a minimum of four parking spaces provided per establishment.

a.            Multi-unit Residential, Group Residential, and Single Room Occupancy with five or more units.
b.            All uses in the Public and Semi-Public Land Use Classification except Cemeteries and Community Gardens.
c.            All uses in the Commercial Land Use Classification, except Animal Care, Sales, and Services and Artist’s Studios.

2.            Location. Short-term bicycle parking must be located outside of the public right of way and pedestrian walkways and within 50 feet of a main entrance to the building it serves.

a.            Commercial Centers. In a Commercial Center, bicycle parking must be located within 50 feet of an entrance to each anchor store. Bicycle parking shall be visible from the street or from the main building entrance, or a sign must be posted at the main building entrance indicating the location of the parking.
b.            Mixed-Use Districts. Bicycle parking in Mixed-Use Districts may be located in the public right-of-way within an encroachment permit, provided an unobstructed sidewalk clearance of six feet is maintained for pedestrians at all times.

3.            Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces.

4.            Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

Figure 18.20.080-A: Short-Term Bicycle Parking

B.            Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

1.            Parking Spaces Required.

a.            Residential Uses. A minimum of one long-term bicycle parking space shall be provided for every five units for multi-unit residential and group residential projects.
b.            Other Uses. Any establishment with 25 or more full time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one space per 20 vehicle spaces.
c.            Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one space per 50 vehicle spaces.

2.            Location. Long-term bicycle parking must be located on the same lot as the use it serves. In parking garages, long-term bicycle parking must be located near an entrance to the facility.

3.            Covered Spaces. At least 50 percent of required long-term bicycle parking must be covered. Covered parking can be provided inside buildings, under roof overhangs or awnings, in bicycle lockers, or within or under other structures.

4.            Security. Long-term bicycle parking must be in:

a.            An enclosed bicycle locker;
b.            A fenced, covered, locked or guarded bicycle storage area;
c.            A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or
d.            Other secure area approved by the Director.

5.            Size and Accessibility. Each bicycle parking space shall be a minimum of two feet in width and six feet in length and shall be accessible without moving another bicycle. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five feet from vehicle parking spaces.

18.20.090         On-Site Loading

A.            Loading Spaces Required.  Every new building, and every building enlarged by more than 5,000 square feet of gross floor area that is to be occupied by a manufacturing establishment, storage facility, warehouse facility, retail store, eating and drinking, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas as follows.

Gross Floor Area (sq. ft.)

Required Loading Spaces

0 – 6,999

0

7,000 – 30,000

1

30,001 – 90,000

2

90,001 – 150,000

3

150,001 – 230,000

4

230,001 +

1 per each additional 100,000 square feet or portion thereof.

1.            Multi-Tenant Buildings. The gross floor area of the entire building shall be used in determining spaces for multi-tenant buildings. A common loading area may be required, if each tenant space is not provided a loading area. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.

2.            Reduction in Number of Loading Spaces Required. The loading space requirement may be waived if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such loading space will not be needed.

3.            Additional Loading Spaces Required. The required number of loading spaces may be increased to ensure that trucks will not be loaded, unloaded, or stored on public streets. Such requirement shall be based on the anticipated frequency of truck pickups and deliveries and of the truck storage requirements of the use for which the on-site loading spaces are required.

B.            Location. All required loading berths shall be located on the same site as the use served. No loading berth for vehicles over two-ton capacity shall be closer than 50 feet to any property in a residential district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required loading berth shall be located within 25 feet of the nearest point of any street intersection.

C.           Minimum Size. Each on-site loading space required by this chapter shall not be less than 10 feet wide, 25 feet long, and 14 feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified if the Director finds that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

D.           Driveways for Ingress and Egress and Maneuvering Areas. Each on-site loading space required by this section shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified if the Director finds that sufficient space is provided so that truck-maneuvering areas will not interfere with traffic and pedestrian circulation.  

E.            Surfacing. All open on-site loading berths shall be improved with a compacted base, not less than five inches thick, surfaced with not less than three inches of plant-mix asphalt, concrete, or comparable material approved by the City Engineer.

18.20.100         Parking Area Design and Development Standards 

All parking areas except those used exclusively for stacked parking, shall be designed and developed consistent with the following standards. Parking areas used exclusively for stacked parking are subject only to Subsections I through R. Stacked parking areas which will allow parking at some times without attendants must be striped in conformance with the layout requirements of this section.

A.            Handicapped Parking. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall include parking accessible to handicapped or disabled persons as near as practical to a primary entrance.

B.            Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following.

1.            No more than two vehicles shall be placed one behind the other.

2.            Both spaces shall be assigned to a single dwelling unit or non-residential establishment.

3.            Tandem parking to meet required parking for non-residential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed 50 percent of the total number of spaces.

4.            Tandem parking to meet required parking for multi-unit development shall be located within an enclosed structure; the maximum number of tandem parking spaces shall not exceed 50 percent of the total number of spaces.

5.            Tandem parking shall not be used to meet the guest parking requirement.

C.           Carpool and Vanpool Parking. At least 10 percent of the required parking spaces for offices and all uses within the Industrial Use Classification shall be designated and reserved for carpools or vanpools. These spaces shall be located closest to the main entrance of the project (exclusive of spaces designated for handicapped).

D.           Shopping Cart Storage. When there are businesses that utilize shopping carts, adequate temporary shopping cart storage areas shall be provided throughout the parking lots. No temporary storage of shopping carts is allowed on walkways outside of buildings.

E.            Parking Access

1.            Shared Access. Non-residential projects are encouraged to provide shared vehicle and pedestrian access to adjacent non-residential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the shared access between the properties approved by the Director shall be recorded in the County’s Recorders Office, in a form satisfactory to the City Attorney.

2.            Forward Entry. Parking areas of four or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.

3.            Driveway Length. Driveways providing direct access from a public street to a garage or carport shall be at least 20 feet in depth.

4.            Driveway Width.

a.            The minimum width of a driveway serving one to two residences shall be no less than eight feet total width, with a minimum clearance of 10 feet. Maximum width is twenty feet.
b.            The minimum width of a driveway serving three to seven residential unit is: (1) eight feet for a one-way driveway, or (2) 14 feet for a two-way driveway
c.            The minimum width of a driveway serving seven or more residential or commercial uses is: (1) 10 feet for a one-way driveway , or (2) 20 feet for a two-way driveway.
d.            The maximum driveway width is 20 feet for a one-way driveway and 33 feet for a two-way driveway.

F.            Size of Parking Spaces and Maneuvering Aisles. Parking spaces and maneuvering aisles shall meet the minimum dimensions required by this subsection. Screening walls, roof support posts, columns, or other structural members shall not intrude into the required dimensions for parking spaces.

1.            Standard Parking Spaces and Drive Aisles. The minimum basic dimension for standard parking spaces is 8.5 feet by 18 feet, with a  minimum vertical clearance of seven feet. Table 18.20.100-F(1) provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces. The required aisle width may be modified if the City Engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.

Angle of Parking

Stall Width (ft)

Curb Length Per Stall (ft)

Stall Depth (ft)

Aisle Width (ft)

Parallel

8.5

20

8.5

12

30°

8.5

18

19.5

11

45°

8.5

13

20

13

60°

8.5

10.5

21

18

90°

8.5

8.5

18

24

Figure 18.20.100-F(1): Standard Parking Spaces

2.            Parking Spaces Abutting Wall or Fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than 0.5 feet in the vicinity of where a vehicle door may be located shall be increased to accommodate access to the vehicle through the door.

3.            Minimum Dimensions for Residential Garages and Carports. Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensions and related requirements.

a.            A single car garage or carport: 10 feet in width by 20 feet in length.
b.            A two-car garage or carport: 20 feet in width by 20 feet in length.
c.            A garage or carport containing three or more spaces: Nine feet in width by 19 feet in length per space.
d.            The vertical clearance for garage or carport parking spaces shall not be less than seven feet.
e.            Stairs may encroach into the parking area of a garage provided that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five feet above the garage floor.

G.           Parking Lot Striping. All parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic movement.

H.           Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces on a site with 10 or more unenclosed parking spaces. A six-inch high concrete curb surrounding a landscape area at least six feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

Figure 18.20.100-H: Wheel Stops

I.              Surfacing. All parking areas shall be paved and improved, and all sites shall be properly drained, consistent with California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit and subject to the approval of the City Engineer. No unpaved area shall be used for parking.

1.            Cross-grades. Cross-grades shall be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.

2.            Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.

3.            Permeable Paving. Permeable paving shall be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications.

4.            Turf Grids/Grassy Pavers. Turf grids/grassy pavers shall be installed in areas of low traffic or infrequent use wherever feasible.

J.            Perimeter Curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

K.            Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over large paved areas compared to natural landscape. In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded, of light colored materials with a Solar Reflectance Index of at least 29, or a combination of shading and light colored materials.

1.            Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years.

2.            Trees shall be selected from a list maintained by the Planning Division.

L.            Lighting. Public parking areas designed to accommodate 10 or more vehicles shall be provided with a minimum of one-half foot-candle and a maximum of 3.0 footcandles of light over of the parking surface during the hours of use from one-half hour before dusk until one-half hour after dawn.

1.            Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.

2.            Parking lot lighting shall, to the maximum extent feasible, be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Chapter 18.21, Performance Standards.

M.           Separation From On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 25,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

Figure 18.20.100-M: Separation from On-Site Buildings

Description: PARKING SEPARATION FROM ON-SITE BUILDINGS

N.           Landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Chapter 18.18, Landscaping, as well as the standards of this subsection for all uses except Single-Unit Dwellings and Duplexes.

1.            Landscape Area Required. A minimum of 10 percent of any parking lot area shall be landscaped.

2.            Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.

3.            Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:

a.            Landscaped planting strips at least four feet wide between rows of parking stalls;
b.            Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
c.            Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
d.            On-site landscaping at the parking lot perimeter.

4.            Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.

5.            Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least five feet wide shall be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site.

6.            Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

7.            Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least ten feet wide between the parking garage and public street.

8.            Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor.

9.            Trees.

a.            Number Required. One for each five parking spaces.
b.            Distribution. Trees shall be distributed relatively evenly throughout the parking area.
c.            Species. Tree species shall be selected from a list maintained by the Planning Division.
d.            Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.
e.            Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

Figure 18.20.100-N: Parking Lot Landscaping

Description: LANDSCAPING AT PARKING AREAS

10.          Protection of Vegetation.

a.            Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two-foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb.
b.            Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

Figure 18.20.100-N(10): Protection of Vegetation

Description: PROTECTION OF VEGETATION

11.          Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver’s vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height.

O.           Screening. Parking areas shall be screened from view from public streets and adjacent lots in a more restrictive district, according to the following standards.

1.            Height. Screening of parking lots from adjacent public streets shall be three feet in height. Screening of parking lots along interior lot lines that abut residential districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening shall be three feet in height.

2.            Materials. Screening may consist of one or any combination of the methods listed below.

a.            Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director.
b.            Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
c.            Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.
d.            Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

P.            Circulation and Safety.

1.            Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

2.            Off-street parking areas of four or more spaces shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.

3.            Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements.

4.            Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-unit residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are 80 feet or more in depth and/or include 25 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

a.            Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b.            Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.
c.            Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
d.            Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Q.           Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the Director that variations in the dimensions otherwise required by this section are warranted in order to achieve to environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design may be approved.  

R.           Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

Chapter 18.21           Performance Standards

Sections:

18.21.010    Purpose

18.21.020    Applicability

18.21.030    General Standard

18.21.040    Location of Measurement for Determining Compliance

18.21.050    Noise

18.21.060    Vibration

18.21.070    Odors

18.21.080    Heat and Humidity

18.21.090    Air Contaminants

18.21.100    Liquid or Solid Waste

18.21.110    Fire and Explosive Hazards

18.21.120    Hazardous and Extremely Hazardous Materials

18.21.130    Electromagnetic Interference

18.21.140    Radioactivity

18.21.010         Purpose

The purposes of this chapter are to:

A.            Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

B.            Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions;

C.           Protect industry from arbitrary exclusion from areas of the City; and

D.           Protect and sustain the natural environment by promoting conservation of energy and natural resources, improving waste stream management, and reducing emission of greenhouse gases. 

18.21.020         Applicability

The minimum requirements in this section apply to all land uses in all zoning districts, unless otherwise specified.

18.21.030         General Standard

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area.

18.21.040         Location of Measurement for Determining Compliance

Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

18.21.050         Noise

A.            Noise Limits. No use or activity shall create noise levels that exceed the following standards. The maximum allowable noise levels specified in Table 18.21.050-A, Noise Limits, do not apply to noise generated by automobile traffic or other mobile noise sources in the public right-of-way.

Land Use Receiving
the Noise

Noise-Level Descriptor

Exterior Noise Level Standard
in Any Hour (dBA)

Interior Noise-Level Standard
In Any Hour (dBA)

Daytime
(7am-10pm)

Nighttime
(10pm-7am)

Daytime
(7am-10pm)

Nighttime (10pm-7am)

Residential

L50
Lmax

55
70

45
60

40
55

30
45

Medical, convalescent

L50
Lmax

55
70

45
60

45
55

35
45

Theatre, auditorium

L50
Lmax

-
-

-
-

35
50

35
50

Church, meeting hall

L50
Lmax

55
-

-
-

40
55

40
55

School, library, museum

L50
Lmax

55
-

-
-

40
55

-
-

 

1.            Adjustments to Noise Limits.  The maximum allowable noise levels of Table 18.21.050-A, Noise Limits, shall be adjusted according to the following provisions. No more than one increase in the maximum permissible noise level shall be applied to the noise generated on each property. 

a.            Ambient Noise.
i.              If the measured ambient noise level exceeds that permissible, the allowable noise standard shall be increased to reflect the ambient noise levels. 
ii.             If the ambient noise level at a noise-sensitive use is 10 dBA or more below the standard, the allowable noise standard shall be decreased by five decibels.
b.            Duration. The maximum allowable noise level (L50) shall be increased as follows to account for the effects of duration:
i.              Noise that is produced for no more than a cumulative period of 15 minutes in any hour may exceed the noise limit by five decibels; and
ii.             Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limits by 10 decibels;
iii.            Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the noise limits by 15 decibels. 
c.            Character of Sound. If a noise contains a steady audible tone or is a repetitive noise (such as hammering or riveting) or contains music or speech conveying informational content, the maximum allowable noise levels shall be reduced by five decibels. 
d.            Prohibited Noise. Noise for a cumulative period of 30 minutes or more in any hour which exceeds the noise standard for the receiving land use.

B.            Noise Exposure – Land Use Requirements and Limitations. Table 18.21.050-B, Noise Exposure–Land Requirements and Limitations, describes the requirements and limitations of various land uses within the listed Day/Night Average Sound Level (Ldn) ranges.


Land Use

Day/Night Average Sound Level (Ldn)


Requirements and Limitations

Residential (1) and other Noise Sensitive Uses (e.g. schools, hospitals, and churches)

Less than 60

Satisfactory

60 to 75

Acoustic study and noise attenuation measures required

Over 75

Acoustic study and noise attenuation measures required

Auditoriums, Concert Halls, Amphitheaters

Less than 70

Acoustic study and noise attenuation measures required

Over 70

Not allowed

Commercial and Industrial

Less than 70

Satisfactory

70 to 80

Acoustic study and noise attenuation measures required

Over 80

Airport-related development only; noise attenuation measures required

Outdoor sports and recreation, parks

Less than 65

Satisfactory

65 to 80

Acoustic study and noise attenuation measures required; avoid uses involving concentrations of people or animals

Over 80

Limited to open space; avoid uses involving concentrations of people or animals

Notes:

1. New residential development in noise impacted areas are subject to the following noise levels:

a.      For new single-unit residential development, maintain a standard of 60 Ldn for exterior noise in private use areas.

b.      For new multi-unit residential development maintain a standard of 65 Ldn in community outdoor recreation areas. Noise standards are not applied to private decks and balconies and shall be considered on a case-by-case basis in the MU-DC District.

c.      Where new residential units (single and multi-family) would be exposed to intermittent noise levels generated during train operations, maximum railroad noise levels inside homes shall not exceed 45 dBA in bedrooms or 55 dBA in other occupied spaces. These single event limits are only applicable where there are normally four or more train operations per day.

 

C.           Acoustic Study. The Director may require an acoustic study for any proposed project that could cause any of the following:

1.            Locate new residential uses within the 55 CNEL impact area of the San Carlos Airport;

2.            Cause noise levels to exceed the limits in Section 18.21.050-A;

3.            Create a noise exposure that would require an acoustic study and noise attenuation measures listed in Table 18.21.050-B, Noise Exposure-Land Use Requirements and Limitations; or

4.            Cause the Ldn at noise-sensitive uses to increase three dBA or more.

D.           Establishing Ambient Noise.  When the Director has determined that there could be cause to make adjustments to the standards, an acoustical study shall be performed to establish ambient noise levels.  In order to determine if adjustments to the standards should be made either upwards or downwards, a minimum 24-hour duration noise measurement shall be conducted.  The noise measurements shall collect data utilizing noise metrics that are consistent with the noise limits presented in Table 18.21.050-A (e.g., Lmax 0 minutes), L02 (1 minute), L08 (5 minutes), L25 (15 minutes) and L50 (30 minutes).  An arithmetic average of these ambient noise levels during the three quietest hours shall be made to demonstrate that the ambient noise levels are regularly 10 or more decibels below the respective noise standards.  Similarly, an arithmetic average of ambient noise levels during the three loudest hours should be made to demonstrate that ambient noise levels regularly exceed the noise standards.

E.            Noise Attenuation Measures. Any project subject to the acoustic study requirements of paragraph (C) may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

1.            New noise-sensitive uses (e.g., schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of 45 dBA.

2.            Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.

3.            Emphasis shall be placed upon site planning and project design measures. The use of noise barriers shall be considered and may be required only after all feasible design-related noise measures have been incorporated into the project.

18.21.060         Vibration

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

18.21.070         Odors

No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the site (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

18.21.080         Heat and Humidity

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property.

18.21.090         Air Contaminants

A.            General Standards. Uses, activities, and processes shall not operate in a manner that emit excessive dust, fumes, smoke, or particulate matter, excluding standards set under State and Federal law.

B.            Compliance. Sources of air pollution shall comply with all rules established by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD).

C.           BAAQMD Permit. Operators of activities, processes, or uses that require “approval to operate” from the BAAQMD shall file a copy of the permit with the Planning Department within 30 days of permit approval.

18.21.100         Liquid or Solid Waste

A.            Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division).

B.            Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

18.21.110         Fire and Explosive Hazards

All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire fighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity.

18.21.120         Hazardous and Extremely Hazardous Materials

The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Code, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

18.21.130         Electromagnetic Interference

No use, activity or process shall cause electromagnetic interference with normal radio and television reception in any Residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

18.21.140         Radioactivity

No radiation of any kind shall be emitted that is dangerous to humans.

Chapter 18.22           Signs

 

(No changes to Chapter 18.150, Signs, are proposed at this time.)

Chapter 18.23           Standards for Specific Uses and Activities

Sections:

18.23.010    Purpose

18.23.020    Applicability

18.23.030    Accessory Uses

18.23.040    Adult-Oriented Businesses

18.23.050    Automobile/Vehicle Sales and Services

18.23.060    Bars/Nightclubs/Lounges and Commercial Entertainment and Recreation

18.23.070    Bed and Breakfast Lodging

18.23.080    Community Assembly Facilities

18.23.090    Day Care

18.23.100    Drive-In and Drive-Through Facilities

18.23.110    Emergency Shelters

18.23.120    Home Occupations

18.23.130    Large-Format Retail

18.23.140    Outdoor Dining

18.23.150    Outdoor Retail Sales

18.23.160    Outdoor Storage

18.23.170    Personal Services

18.23.180    Personal Storage

18.23.190    Recycling Facilities

18.23.200    Residential Care Facilities

18.23.210    Second Dwelling Units

18.23.220    Single Room Occupancy Hotels

18.23.230    Social Service Facilities

18.23.240    Temporary Uses

18.23.250    Transitional and Supportive Housing

18.23.010         Purpose

The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

18.23.020         Applicability

Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this ordinance requires in the district where the use or activity is proposed and all other applicable provisions of this ordinance.

A.            The uses that are subject to the standards in this chapter shall be located only where allowed by base district or overlay district use regulations.

B.            The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by base district regulations, such as a Conditional Use Permit, except where this chapter establishes a different planning permit requirement for a specific use.

18.23.030         Accessory Uses

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. These regulations are found in the use regulations tables in Article II, Base and Overlay Districts, and may be subject to specific standards found in this chapter or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 18.15, General Site Regulations.

18.23.040         Adult-Oriented Businesses

Adult-Oriented Businesses shall be located, developed, and operated in compliance with the following standards:

A.            Permits and Licenses.  Adult-Oriented Businesses shall be subject to the following:

1.            An Adult-Oriented Business must, prior to commencement or continuation of such business, apply for and receive from the Planning Commission or the City Council, upon appeal, a Conditional Use Permit. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, and other similar conditions, as may be necessary to protect the public health, safety and welfare.

2.            An Adult-Oriented Business shall be subject to and in conformance with the provisions of Chapter 8.44 et seq of the San Carlos Municipal Code.

3.            Subsequent to receipt of an approved Conditional Use Permit, but prior to establishment of the Adult-Oriented Business, the applicant shall apply for and receive a valid adult entertainment license, as provided for in Title 5 of the San Carlos Municipal Code.

B.            Location. Adult-oriented businesses shall be located only in the area shown in Figure 18.23.040-B, Adult-Oriented Business Area, in compliance with the following minimum distances:

1.            From any Residential District of the City of San Carlos or of any other city: 1,000 feet.

2.            From any educational, religious and/or cultural institution or public park: 1,000 feet.

3.            From another Adult-Oriented Business: 1,000 feet.

Figure 18.23.040-B: Adult-Oriented Business Area

C.           Hours of Operation. Hours of operation of the business shall be limited to the time period between 10:00 a.m. and midnight daily or as established through the Conditional Use Permit.


 

18.23.050         Automobile/Vehicle Sales and Services

Automobile/Vehicle sales and service establishments shall be located, developed and operated in compliance with following standards.

A.            Landscaping and Screening.

1.            A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a residential use or district.

2.            At least 10 percent of the site must be landscaped. All landscaped areas shall be permanently maintained in compliance with Chapter 18.18, Landscaping.

3.            A landscaped planter with a minimum inside width of six feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least three feet shall be provided along all other property lines.

4.            A 600-square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

5.            Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.

B.            Application Review and Findings for Approval. The decision-making authority shall only approve a Use Permit for a automobile/vehicle sales and service facility only if it finds that:

1.            The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2.            The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.  

3.            Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties. 

4.            Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

5.            The washing facility will not have an adverse impact on water supply and quality.

C.           Conditions of Approval.  Conditions of approval may include limitations on  operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

D.           Automobile/Vehicle Sales and Leasing. Automobile/vehicle sales and leasing establishments are subject to the following standards.

1.            Accessory Uses. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle dealers that offer maintenance and servicing of the type of vehicles sold on site.

2.            Temporary Signs. Temporary signs for grand opening events or special sales are subject to Section 18.22.090, Temporary Signage.

E.            Automobile/Vehicle Service and Repair, Major and Minor. Major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards.

1.            Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.

2.            Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

3.            Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 18.15.090, Screening. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.

4.            Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

F.            Automobile/Vehicle Washing. Automobile/vehicle washing facilities are subject to the following standards.

1.            Washing Facilities. No building or structure shall be located within 30 feet of any public street or within 20 feet of any interior property line of a residential use or residential district. Vehicle lanes for car wash openings shall be screened from public streets to a height of 40 inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

2.            Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven days a week. When abutting a Residential District, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven days a week.

G.           Service Stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards.

1.            Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

2.            Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within 12 months subsequent to the close of the last business day.

18.23.060         Bars/Nightclubs/Lounges and Commercial Entertainment and Recreation

Bars/nightclubs/lounges and commercial entertainment and recreation establishments shall be located, developed, and operated in compliance with the following standards:

A.            Security. On-site security shall be provided at a rate to be determined by the Sheriff’s Captain, and shall generally be provided at the rate of one security guard for each 100 patrons on the property for bar or entertainment uses. Adequate security lighting shall be provided in all parking areas, entrances, and exits as well as building security systems. An agreement with the Sherriff’s Captain or designated law enforcement authority may be required as a condition of approval for the provision of sworn officers at special events and for traffic control as needed.

B.            Sewer Capacity. Based on the size and type of facility proposed, a sewer capacity fee shall be calculated, pursuant to Municipal Code requirements, for the additional sewer usage. The sewer capacity fee shall be paid in its entirety at the time of Building Permit issuance. Construction of a new sewer line may be required to handle the additional capacity.

18.23.070         Bed and Breakfast Lodging

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards:

A.            Type of Residence. Bed and breakfast establishments must be located, developed and operated within a single-unit dwelling.

B.            Number of Rooms. No more than two rooms may be rented. Additional rooms may be rented only with approval of a Minor Use Permit.

C.           Appearance. In all Residential Districts, the exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-unit character.

D.           Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited.

18.23.080         Community Assembly Facilities

Community assembly facilities shall be located, developed, and operated in compliance with the following standards:

A.            Location. Community assembly facilities shall be located on a corner lot, not at mid-block, unless the site area is greater than 20,000 square feet.

B.            Access. Community assembly facilities shall take primary access from a public street with a minimum of 50 feet in width and improved with curbs, gutters, sidewalks and street lights.

C.           Buffer. A minimum 20-foot perimeter buffer shall be included adjacent to any residential use or district. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities.

D.           Outdoor Recreation. Outdoor recreation areas shall be at least 50 feet from any residential use or district.

E.            Parking Area Screening. Parking areas adjacent to any residential use or district shall be screened with a three-foot high wall.

F.            Outdoor Lighting. Outdoor lighting shall not exceed an intensity of one foot candle of light throughout the facility.

18.23.090         Day Care

Day care centers and large family daycare homes shall be located, developed and operated in compliance with the following standards:

A.            License. The operator shall secure and maintain a license from the State of California Department of Social Services.

B.            Screening. A periphery wall, constructed of wood or masonry, shall be provided to screen and secure outdoor play areas and shall achieve 75 percent opacity. Chain metal fencing or barbed wire is prohibited.

C.           Outdoor Space. Child day care centers and large family day care shall provide a minimum of 75 square feet of outdoor space for each child over two years old. The outdoor area shall not be located in any required front or street side yard. This area must be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners. This requirement may be waived if the applicant can demonstrate that there is a public park, school or other public open area within 500 feet of the day care.

D.           Hours of Operation. Hours of operation shall only be within the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. Additional hours may be allowed subject to approval of a Minor Use Permit.

E.            Noise. Outdoor activities shall not occur before 8:00 a.m. or after 5:30 p.m. when the site is located within or adjacent to a residential district.

F.            Pick-up and Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be provided for approval by the Director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:

1.            A scheduled time for pick-up and drop-off with allowances for emergencies; and

2.            Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around.

18.23.100         Drive-In and Drive-Through Facilities

Drive-in or drive-through facilities shall be located, developed and operated in compliance with the following standards:

A.            Where Allowed. Drive-in and drive-through facilities are allowed, subject to approval of a Conditional Use Permit, in the GCI District.

B.            Drive-In and Drive-Through Aisles. Drive-in and drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

1.            A minimum 15-foot interior radius at curves and a minimum 12-foot width is required.

2.            Each drive-in and drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

3.            Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

C.           Drive-In and Drive-Through Queue Area. Each drive-through aisle shall provide a sufficient queue for four cars, of at least 80 feet, and the queue area shall not interfere with public rights-of-ways or streets, or with on- or off-site circulation and parking. Exceptions to the queue size may be granted based on an interior traffic circulation study prepared for review by the Planning Commission.

D.           Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

E.            Menu Boards. Menu boards shall not exceed 20 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-ways unless located at least 35 feet from the street and adequately screened from view. All outdoor speakers shall be directed away from any residential district or residential use.

F.            Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

18.23.110         Emergency Shelters

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

A.            Number of Residents. The number of adult residents, not including staff, who may be housed on a lot that is smaller than one acre shall not exceed the number of persons that may be accommodated in any hospital, elderly and long-term care facility, residential, transient occupancy, or similar facility allowed in the same district.

B.            Length of Occupancy. Occupancy by an individual or family may not exceed 180 consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

C.           Outdoor Activities. All functions associated with the shelter, except for children's play areas, outdoor recreation areas, parking, and outdoor waiting must take place within the building proposed to house the shelter. Outdoor waiting for clients, if any, may not be in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients.

D.           Minimum Hours of Operation. At least eight hours every day between 7:00 a.m. and 7:00 p.m.

E.            Supervision. On-site supervision must be provided at all times.

F.            Toilets. At least one toilet must be provided for every 15 shelter beds.

G.           Management Plan. The operator of the shelter must submit a management plan for approval by the Director. The Plan must address issues identified by the Director, including transportation, client supervision, security, client services, staffing, and good neighbor issues.

18.23.120         Home Occupations

A.            Purpose. The purpose of this section is to:

1.            Permit home occupations as an accessory use in a dwelling unit;

2.            Allow residents to operate small businesses in their homes, under certain specified standards, conditions, and criteria;

3.            Allow for “telecommuting” and reduced vehicle use;

4.            Ensure that home occupations are compatible with, and do not have a adverse effect on, adjacent and nearby residential properties and uses;

5.            Ensure that public and private services, such as streets, sewers, or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; and

6.            Preserve the livability of residential areas and the general welfare of the community.

B.            Applicability. This chapter applies to all residential units and properties in the City regardless of their zoning designation. It does not apply to family day care homes, which are regulated separately in Section 18.23.090, Day Care.

C.           Zoning Clearance Required, Not Transferable. A Zoning Clearance is required for each home occupation, pursuant to the provisions of Chapter 18.28, Zoning Clearance. A Zoning Clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new Zoning Clearance must be obtained for each new home occupation.

D.           Operational and Performance Standards. Home occupations must be located and operated consistent with the following standards:

1.            Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted. 

2.            Location. All home occupation activities shall be conducted entirely within the residential unit, or within a garage that is attached to, and reserved for, the residential unit. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces for parking.

3.            Structural Modification Limitation. No dwelling shall be altered to create an entrance to a space devoted to a home occupation that is not from within the building, or to create features not customary in dwellings.

4.            Maximum Size. The space exclusively devoted to the home occupation (including any associated storage) shall not exceed 25 percent of the residential unit floor area.

5.            Employees. No employees or independent contractors other than residents of the dwelling shall be permitted to work at the location of a home occupation.

6.            On-Site Client Contact. No customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time.

7.            Direct Sales Prohibition. Home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, internet, or other mode of electronic communication.

8.            Storage. There shall be no storage of materials, supplies, and/or equipment in an accessory building, or outdoors. Storage may only occur within a garage if it does not occupy or obstruct any required parking space. Contractors whose work is conducted entirely off-site (and who use their home solely for administrative purposes related to the contracting business) may store construction, electrical, landscaping, plumbing, or similar supplies or materials within a single vehicle of less than one ton carrying capacity.

9.            Equipment. Home occupations shall not be permitted which involve mechanical or electrical equipment which is not customarily incidental to domestic use. Facsimile machines, copy machines, computers, and other similar business equipment are permitted. Small power tools and similar equipment/machinery not exceeding one horsepower are also permitted.

10.          Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

11.          Nuisances. A home occupation shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the home occupation is conducted, or outside the dwelling unit if conducted in other than a single-family detached residence.

12.          Traffic and Parking Generation. Home occupations shall not generate a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

13.          Commercial Vehicles and Attachments. Home occupations involving more than one commercial vehicle parked on-site shall not be permitted. No attachments of equipment or machinery used for business purposes shall be permitted either on the vehicle or on the site when the vehicles are not in use and such equipment or machinery is within view from the public right-of-way or neighboring properties. Storage of attachments of equipment and machinery are not permitted in areas visible from public rights-of-way or neighboring properties, unless part of an active approved construction project on the site.

E.            Prohibited Home Occupations. The following specific businesses are not permitted as home occupations.

1.            Adult-oriented business;

2.            Ambulance services;

3.            Automotive/vehicle repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers and boats;

4.            Automotive/vehicle sales with any on-site storage or sale of vehicles

5.            Barber, beauty and nail salons;

6.            Animal boarding, care, training, breeding, raising or grooming, or veterinary services, conducted on the premises; 

7.            Carpentry and cabinet-making businesses;

8.            Commercial food preparation, food handling, processing or packing other than specialized minor cooking or baking;

9.            Firearms manufacture, sales, or repair;

10.          Furniture refinishing or upholstery;

11.          Gymnastic facilities;

12.          Medical and dental offices, clinics, and laboratories, or any type of physical therapy or psychotherapy, or massage therapy;

13.          Mini storage;

14.          Mortuaries;

15.          Instructional services for more than two students at one time.

16.          Printshops.

17.          Recording studio (electronic composition, recording, and re-mixing conducted with headphones and using no amplification, live instruments or live performance excepted);

18.          Repair, fix-it or plumbing shops;

19.          Restaurant;

20.          Retail sales;

21.          Towing service;

22.          Welding, metal working, and machining businesses.

23.          Yoga/spa retreat center.

F.            Denial and Revocation of Home Occupation Zoning Clearances. A home occupation approval may be revoked or modified by the Zoning Administrator subsequent to an administrative hearing for violation of any standard of this section. In the event of the revocation of any home occupation approval, or of objection to the limitations placed thereon, appeal may be made in accordance with Section 18.27.150, Appeals.

18.23.130         Large-Format Retail

Large format retail establishments shall be designed, located, and operated to meet all of the standards and requirements applicable to Commercial Centers that contain 25,000 square feet of floor area or more and to comply with the following standards:

A.            Surety Bond. As a condition of approval for a large format retail establishment, the applicant shall be required to post a cash or surety bond in a form and amount acceptable to the City Manager to cover the cost of complete building demolition and maintenance of the vacant building site if the primary building is ever vacated or abandoned, and remains vacant or abandoned for a period of more than 12 consecutive months following primary business closure.

B.            Vacated Facility. If the facility is vacated, the owner or operator, within 12 months, shall submit, to the Planning Commission, a plan contemplating the removal or reuse of the facility. If the owner or operator is unable to provide a plan that is acceptable to the Planning Commission, the City may utilize the surety bond to take whatever action is permitted by law to assure appropriate demolition, redevelopment, or reuse of the facility.

18.23.140         Outdoor Dining 

Eating and drinking establishments with outdoor dining areas shall be located, developed, and operated in compliance with the following standards:

A.            Application Information. Applicant shall submit a site plan and description of the proposed outdoor dining area.  The plan shall be drawn to scale showing the location of buildings and structures and in the case of dining in the public right-of-way, the location of street furnishings and trees, curb and on-street parking, adjacent to the proposed outdoor dining. The plan shall show locations, number and the arrangement of planters, fencing, umbrellas, sun screens, tables, chairs, and other portable or affixed appurtenances proposed. Colors and commercial grade materials shall be specified. An electrical plan, when applicable, shall include any lighting and electrical connection proposed including specification of fixtures, type and location. In addition to any other application materials required, an application for an outdoor dining area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays; and whether any liquor will be sold or consumed in the area to be covered by the permit.

B.            Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated Eating and Drinking Establishment and shall be open for a minimum of two service periods per day, except when the establishment is open for only one service per day.

C.           Permits and Licenses. The applicant shall obtain a City of San Carlos Zoning Clearance/Minor Architectural Review approval and an annual Business Registration.  The applicant shall also obtain approval from the San Mateo County Health Department.  In the case of outdoor dining in the public right-of-way, an annual City of San Carlos encroachment permit is required pursuant to Chapter 12.36 of the San Carlos Municipal Code. As applicable, a current and valid liquor license issued by the California Department of Alcoholic Beverages Control is also required.  

D.           Outdoor Dining Area in the Public Right-of-Way.

1.            Encroachment Permit Required. An encroachment permit approved by the City Engineer is required for any outdoor dining area located in the public right-of-way. No part of an outdoor dining area shall be permanently attached to the building, public right-of-way or sidewalk.

2.            Minimum Clearance. A minimum of six feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees and all similar obstacles shall constitute obstructions within the sidewalk area.

a.            Adjacent to Street. Where the outdoor dining area is located adjacent to a street, an 18-inch clearance shall be maintained from the face of the curb to the outdoor dining area unless there is parking parallel to the street, in which case a two-foot clearance is required.
b.            No Obstructions. Minimum width of access opening shall be 44 inches.  No outdoor dining area shall obstruct any points of building ingress and/or egress.
c.            Corner Lots. On a corner lot, the outdoor dining area shall not be located within the area bound by the extensions of the corner building walls between the building and the curb.
d.            Vertical Clearance. Vertical clearance of seven feet shall be maintained.

3.            Design.

a.            No Permanent Attachments. Roofs, awnings or umbrellas may be used in conjunction with an outdoor eating area, although permanent shelters over an outdoor eating area are prohibited. Awnings shall be adequately secured, retractable, and shall comply with the Building Code.
b.            Barriers. The outdoor dining area may be delineated by an edge perpendicular to the sidewalk, but is not required, by the use of barriers such as planter boxes or wrought iron fencing.
c.            Design. The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of commercial grade materials.
i.              Furniture shall be of durable materials such as wrought iron, wood, steel, or cast aluminum. Tables shall be a size suitable for seating of two to four patrons. Plastic chairs and table and vinyl or plastic tablecloths are not permitted.
ii.             Planter boxes shall be of quality materials such as finished wood, precast concrete, terra cotta, or other pottery.
iii.            Umbrellas and awnings shall be solid color canvas. Sun screens shall be a durable fabric and retractable. No generic advertising or signage is permitted.

4.            Operation.

a.            Noise Limits. No entertainment or use, operation, or playing of any musical instrument, loudspeaker, sound amplifier, or other machine for the production or reproduction of sound is permitted in the outdoor dining area.
b.            No Outdoor Cooking or Open Flames. No electrical appliances, heating or cooking of food or open flames shall be allowed in the outdoor dining area. Use of portable heating devices may be permitted with approval from the Fire Marshal.
c.            No Storage. No structure or enclosure to accommodate the serving or clean-up stations, storage of trash or garbage shall be erected or placed on, adjacent to, or separate from an outdoor dining area on the public sidewalk or right-of-way.
d.            Parking. Outdoor dining areas are exempt from the parking requirements of Chapter 18.20, Parking and Loading.
e.            No Overnight Use. All umbrellas, tables, chairs and other portable appurtenances shall be removed from the outdoor dining area at the end of each business day. No storage in the public right-of-way shall be permitted.

5.            Maintenance.

a.            The permittee and the property owner shall maintain the outdoor dining area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.
b.            Activities involving the outdoor dining area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.
c.            If necessary, the permittee or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing storm water and water quality regulations.
d.            Furniture and appurtenances shall be kept clean and in good condition. Umbrellas shall be kept secure in windy conditions, and fire-treated.

18.23.150         Outdoor Retail Sales

Outdoor retail sales shall be located, developed, and operated in compliance with the standards of this section.

A.            Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 18.23.240, Temporary Uses, and Chapter 18.31, Temporary Use Permits. An encroachment permit is required for any temporary outdoor display and sales within the public right of way; reasonable conditions of approval of such permits may be imposed to ensure unobstructed pedestrian movement in a minimum clear zone and to maintain clean sidewalks.

B.            Downtown Outdoor Display and Sales.  Outdoor display and sale of merchandise in downtown districts shall comply with this Section and Title 12 of the San Carlos Municipal Code.  Outdoor display and sale of merchandise is permitted on private property in the MU-DC, MU-D, MU-N and the MU-SB. Outdoor display and sale of merchandise is permitted on public property and in the right-of-way in the MU-DC, MU-D with frontage on Laurel Street and San Carlos Avenue, MU-N with frontage on Holly Street, MU-N south of Arroyo Avenue and the MU-SB with frontage on Laurel Street. The display area shall not encroach in a public right-of-way, street, alley, sidewalk or other public property without first obtaining an Encroachment Permit.

1.            General Requirements.

a.            Application Information. Applicant shall submit a site plan and description of the proposed outdoor display and sales area.  The plan shall be drawn to scale showing the location of buildings and structures. In cases where outdoor sales are proposed for location in the public right-of-way, the site plan shall include the location of street furnishings and trees, adjacent to the proposed outdoor display and sales area. The plan shall show locations, number and the arrangement of portable appurtenances proposed. Colors and commercial grade materials shall be specified. In addition to any other application materials required, an application for an outdoor display and sales area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays.
b.            Hours of Operation. Hours of outdoor display and sales shall be limited to the hours of operation of the associated commercial establishment.
c.            Permits and Licenses.  The applicant shall obtain a City of San Carlos Zoning Clearance/Minor Architectural Review approval and an annual Business Registration. In the case of outdoor display and sales in the public right-of-way, an annual City of San Carlos encroachment permit is required. 

2.            Outdoor Retail Sales Standards.

a.            Design. 
i.              The design of all improvements, sales racks and furniture shall be of a quality to sustain weather and wear, and shall be of commercial grade materials. Vinyl or plastic tablecloths are not permitted.
ii.             The merchandise in the outdoor display and sales area including but not limited to the display racks, tables and stands shall not exceed a height of six feet and in no case be lower than two feet.
iii.            Display and sales area fixtures and appurtenances shall be stable and secure in all wind and weather conditions. Umbrellas and awnings shall be solid color canvas. Sun screens shall be a fabric and retractable. No generic advertising or signage is permitted.
iv.           The display and sales area shall not exceed 25 percent of the width of the frontage of the associated business storefront.
b.            Operation.
i.              Outdoor display and sales conducted by a business shall be located in front of the associated business storefront.
ii.             All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the business conducting the sale.  All sale transactions shall be conducted indoors.
iii.            Outdoor display and sales areas are exempt from the parking requirements of Chapter 18.20, Parking and Loading.
iv.           All display and sale merchandise, furniture and fixtures and other portable appurtenances shall be removed from outdoors at the end of each business day. No outside storage shall be permitted.
c.            Maintenance.
i.              The permittee and the property owner shall maintain the outdoor display and sales area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.
ii.             Activities involving the outdoor display and sales area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.
iii.            If necessary, the permittee or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing storm water and water quality regulations.
iv.           Furniture, fixtures and appurtenances shall be kept clean and in good condition.

3.            Outdoor Retail Sales in the Public Right-of-Way.

a.            Encroachment Permit Required. An encroachment permit approved by the City Engineer is required for any outdoor display and sales located in the public right-of-way. No part of an outdoor display and sales area shall be permanently attached to the building, public right-of-way or sidewalk.
b.            Minimum Clearance. A minimum of six feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees and all similar obstacles shall constitute obstructions within the sidewalk area.
i.              Where the outdoor display and sales area is located adjacent to a street, an 18-inch clearance shall be maintained from the face of the curb to the outdoor retail sales area unless there is parking parallel to the street, in which case a two-foot clearance is required.
ii.             Minimum width of access opening shall be 44 inches. No outdoor display and sales area shall obstruct any points of building ingress and/or egress.
iii.            On a corner lot, the outdoor display and sales area shall not be located within the area bound by the extensions of the corner building walls between the building and the curb.
iv.           Vertical clearance of seven feet shall be maintained.

C.           On-going Outdoor Display/Sales. The on-going outdoor display of merchandise—except for Automobile/Vehicle Sales and Leasing, which is subject to Section 18.23.050, Automobile/Vehicle Sales and Services—requires approval of a Conditional Use Permit in accordance with Chapter 18.30, Use Permits, and shall comply with the following minimum standards:

1.            Location. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way. A minimum setback of 15 feet from any public right-of-way is required.

2.            Screening. All outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales shall be screened from adjacent public rights-of-way and residential districts by decorative solid walls, solid fences, or landscaped berms.

3.            Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

18.23.160         Outdoor Storage

Outdoor storage shall be located, developed and operated in compliance with the following standards.

A.            Applicability. Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours must conform to the standards of this section. The regulations of this Section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid Building Permit. All storage in the public right-of-way shall be subject to an Encroachment Permit.

B.            Permitted Locations. The table below states the districts where outdoor storage is permitted and prohibited.

Base Districts

Permissibility of Open Storage

Residential, Mixed-Use, and NR Districts

Not permitted (All storage must be within an enclosed building).

IA, IP, and Public and Semi-Public Districts

Permitted as an accessory use outside of required yards, parking and circulation areas, and required landscaped areas subject to the standards of this section.

GCI, IL and IH Districts

Permitted as a principal use outside of required yards, parking and circulation areas, and required landscaped areas subject to the standards of this section.

 

C.           Surfacing. Outdoor storage areas shall be surfaced with a minimum thickness of two inches of Type A asphalt concrete over 95 percent relative compaction native soil, or a minimum thickness of six inches of Class B concrete. Such surfacing shall be permanently maintained free of structural defects. The Director allow outdoor storage of non-hazardous materials on other surfacing only if the following findings can be made:

1.            The proposed surfacing is appropriate to the type of product stored.

2.            The proposed surfacing will conform to all applicable federal and State air and water quality standards.

18.23.170         Personal Services

Personal service establishments shall be located, developed, and operated in compliance with the following standards:

A.            Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. unless otherwise specified in a Zoning Clearance, Conditional Use Permit or other permit.

B.            Location. As sepcified in the Base District regulations, with additional provisions specified in this section.

C.           MU-DC District. Personal Services are permitted within the 600, 700 and 800 blocks of Laurel Street and the 1100 and 1200 blocks (south side only) of San Carlos Avenue, in accordance with the following criteria:

1.            Existing Personal Services uses may continue to occupy their current location but shall not expand greater than 25 percent of their floor area as it existed on August 22, 1994.

2.            New Personal Services uses may move into a location that was previously a Personal Services use provided:

a.            That location has not been vacant for more than six months; and
b.            The new business type is the same as the previous business type, i.e., beauty salon for beauty salon, shoe repair for shoe repair, etc.

3.            New Personal Services may move into a location that was previously retail, restaurant, personal services, or a space that was vacant for more than six months provided no other personal service use of any type exists within a three-hundred-foot radius of the proposed use.

D.           Massage Establishments. Regulation of the operation of massage establishments  is provided for in Title 5 of the San Carlos Municipal Code in the interest of public health, safety and welfare by providing minimum sanitation and health standards for such establishments and by ensuring that persons offering services therein possess the minimum qualifications necessary to operate such businesses and to perform such services.

1.            Permits and Licenses. 

a.            A Massage Establishment shall be subject to and in conformance with the provisions of Chapter 5.40 et seq of the San Carlos Municipal Code.
b.            Prior to establishment of the Massage Establishment, the applicant shall apply for and receive an annual Business Registration as set forth in Chapter 5.04 of the San Carlos Municipal Code.

E.            Medical Marijuana Collective.

1.            Permits and Licenses.

a.            A Medical Marijuana Collective must, prior to commencement of such business, apply for and receive from the Planning Commission or the City Council, upon appeal, a Conditional Use Permit. Registration restrictions and operating restrictions pursuant to Sections 8.09.040 and 8.09.050 of the San Carlos Municipal Code shall be imposed as conditions of the Conditional Use Permit.
b.            A Medical Marijuana Collective shall be subject to and in conformance with the provisions of Chapter 8.09 et seq of the San Carlos Municipal Code.
c.            Prior to establishment of the Medical Marijuana Collective, the applicant shall apply for registration pursuant to Section 8.09.040 and apply for and receive an annual Business Registration as set forth in Chapter 5.04 of the San Carlos Municipal Code.

2.            Location.  Medical Marijuana Collectives may not be operated or located in or within 1,000 feet of a Residential District, school, park, recreation center, youth center or playground.

F.            Tattoo or Body Modification Parlor. The following standards regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

1.            Location. Tattoo and body modification parlors shall be located a minimum of 500 feet from any other such establishment, any public park and any school for students in any grade from kindergarten through 12th grade.

2.            Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the San Mateo County Department of Health.

3.            No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by his or her parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age.

18.23.180         Personal Storage

Personal storage facilities shall be located, developed and operated in compliance with the following standards.

A.            Business Activity. All personal storage facilities shall be limited to inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.

B.            No Hazardous Materials Storage. No storage of hazardous materials is permitted.

C.           Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

D.           Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building façades or solid fences.

E.            Circulation. Driveway aisles shall be a minimum of 20 feet wide.

F.            Exterior Wall Treatments and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

G.           Screening. Where exterior wall are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

H.           Fencing. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid façades of the storage structures do not provide a perimeter barrier.

18.23.190         Recycling Facilities

Recycling facilities shall be located, developed, and operated in compliance with the following standards:

A.            Reverse Vending Machines.

1.            Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

2.            Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.

3.            Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

4.            Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.

5.            Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

6.            Trash Receptacle. Machines shall provide a 40-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

B.            Recycling Collection Facilities.

1.            Size. Recycling collection facilities shall not exceed a building site footprint of 350 square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

2.            Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

3.            Location. Facilities shall not be located within 50 feet of a residential district.

4.            Setback. Facilities shall be set back at least 10 feet from any street lot line and not obstruct pedestrian or vehicular circulation.

5.            Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

6.            Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

7.            Signs. The maximum sign area shall be 20 percent of the area of the side of facility or container or 16 square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The Director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

8.            Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

9.            Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

C.           Recycling Processing Facility.

1.            Location. Facilities shall not abut a Residential District.

2.            Screening. The facility must be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

3.            Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4.            Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

18.23.200         Residential Care Facilities

Residential care facilities shall be located, developed and operated in compliance with the following standards:

A.            Location. Minimum distance from other residential care facilities shall be 300 feet.

B.            Screening and Landscaping. A minimum six foot high solid wall or fence shall be provided for purposes of screening and securing outdoor recreational areas. Chain metal fencing and barbed wire are prohibited. All other provisions of Chapter 18.18, Landscaping, shall apply.

C.           Licensing. Residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable State and local regulations.

D.           No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.

18.23.210         Second Dwelling Units

A.            Purpose. The purpose of this section is to:

1.            Allow Second Dwelling Units as an accessory use to Single-Unit Dwellings, consistent with California Government Code Section 65852.2; and

2.            Maintain the single-family character of neighborhoods in the City.

B.            Standards.

1.            Location. Second units may be established on any lot in any district where a primary single unit dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit and there is no other second dwelling unit within a 400 feet measured from nearest edge of the lot line of each respective or proposed second dwelling unit. The Director may grant a waiver to the 400-foot separation requirement if he finds that there are no substantial parking, privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached Second Dwelling Unit. The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least 20 days prior to the hearing and as provided for in Chapter 18.27, Common Procedures. 

2.            Number of Units. Only one second unit is permitted per primary single-family dwelling on the same lot.

3.            Type of Unit. The second unit shall provide separate, independent living quarters for one household. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two dwelling units.

4.            Maximum Floor Area – Detached Units. The gross floor area of a detached second unit shall not exceed 640 square feet.

5.            Development Standards. Second units shall conform to the height, setbacks, lot coverage and other zoning requirements of the zoning district in which the site is located, the following development standards, other requirements of the zoning ordinance, and other applicable City codes.

a.            Height. The maximum height of a Second Dwelling Unit is 15 feet; 28 feet if located over a detached garage
b.            Setbacks. In addition to all other requirements of the zoning district, any detached Second Dwelling Units shall be located a minimum of five feet from all side and rear lot lines.
i.              The Director may grant a waiver to this setback requirement for Second Units constructed prior to January 1, 2003 if the length of the building does not exceed 25 feet or one-third of the unobstructed distance along a lot line or the structure has been determined to be legally nonconforming and if he finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached Second Dwelling Unit.
ii.             In no event shall any detached Second Dwelling Unit be located closer than three feet from any property line.
iii.            The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least 20 days prior to the hearing and as provided for in Chapter 18.27, Common Procedures. 
c.            Openings. Openings, including but not limited to windows and doors, for detached Second Dwelling Units that are located 10 feet or less from an interior side or rear lot line are prohibited on walls facing such lot lines.
i.              The Director may grant a waiver, pursuant to the provision of Chapter 18.33, Waivers, to allow openings for detached Second Dwelling Units that are located 10 feet or less from a side or rear lot line on walls facing lot lines if he/she finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached Second Dwelling Unit.
ii.             The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least 20 days prior to the hearing and as provided for in Chapter 18.27, Common Procedures. 

6.            Architectural Compatibility. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of the Second Dwelling Unit shall be substantially the same as and visually compatible with the primary dwelling.

7.            Parking. One independently usable on-site parking space shall be provided for the Second Dwelling Unit, which shall be provided in addition to the required parking for the primary single-unit dwelling. This space shall comply with all development standards set forth in Chapter 18.20, Parking and Loading.

a.            A tandem parking space may also be used to meet the parking requirement for the Second Dwelling Unit, providing such space will not encumber access to a required parking space for the primary single-unit dwelling.
b.            Required parking for the primary single-family dwelling may not be removed for the creation of a Second Dwelling Unit (e.g., garage conversions), or allocated to meet the parking requirement for the Second Dwelling Unit, unless replacement parking is provided in accord with this Ordinance.

8.            Code Compliance. The second unit shall comply with all provisions of the Municipal Code in effect at the time of approval of the Building Permit for the second unit.

9.            Emergency Access. A Second Dwelling Unit may be permitted only on a lot with access from a roadway that meets the fire apparatus access road requirements of the California Fire Code Section 902.2.2.1.

10.          Owner Occupancy. Either the primary dwelling unit or the Second Dwelling Unit shall be owner-occupied. The property owner shall enter into a restrictive covenant with the City, which shall be recorded against the property. The restrictive covenant shall confirm that either the primary dwelling unit or the Second Dwelling Unit shall be owner-occupied and prohibit rental of both units at the same time. It shall further provide that the Second Dwelling Unit shall not be sold, or title thereto transferred separate and apart from the rest of the property.

C.           Amnesty (Pre-Existing Units). Record owners of Second Dwelling Units constructed prior to January 1, 2003, who wish to legalize such units without penalty, may obtain a certificate of legalization from the Building Official by complying with the following requirements. For purposes of this section, the time of construction for amnesty units shall mean the date the structure was initially used as a Second Dwelling Unit. A structure not used as a Second Dwelling Unit prior to January 1, 2003, and converted to a Second Dwelling Unit on or after that date shall be considered a new Second Dwelling Unit and shall be required to meet current requirements of the Building Code and all standards of Subsection C of this section.

1.            Provide evidence to the satisfaction of the Building Official that the Second Dwelling Unit was constructed prior to January 1, 2003.

2.            Provide plans and documentation demonstrating compliance with Subsection 18.23.210(B), Standards.

3.            Provide the Building Official a property inspection report for the Second Dwelling Unit from a licensed contractor, or property inspector, which report shall be subject to Building Department verification and correction of any code violations noted. The Building Official may authorize a City Inspector to provide the inspection report at his/her discretion.

4.            Correct any health and safety defects in construction and comply with any codes in effect at the time of original construction of the Second Dwelling Unit to the satisfaction of the Building Official.

5.            Pay all required fees.

18.23.220         Single Room Occupancy Hotels

Single room occupancy (SRO) hotels shall be located, developed, and operated in compliance with the following standards:

A.            Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two persons.

B.            Minimum Size. An SRO living unit must have at least 150 square feet of floor area, excluding closet and bathroom. No individual unit may exceed 400 square feet.

C.           Minimum Width. An SRO of one room shall not be less than 12 feet in width.

D.           Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

E.            Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a small refrigerator; and cabinets for storage.

F.            Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

G.           Closet. Each SRO unit shall have a separate closet.

H.           Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

I.              Tenancy. Tenancy of SRO units shall be limited to 30 or more days.

J.            Facility management. An SRO Facility with 10 or more units shall provide full-time on-site management. An SRO Facility with less than 10 units shall provide a management office on-site.

K.            Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan must include the following:

1.            Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2.            Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;

3.            Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

4.            Staffing and Services. Information regarding all support services, such as job referral and social programs; and

5.            Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials.

18.23.230         Social Service Facilities

All Social Service Facilities shall be located, developed, and operated in compliance with the following standards:

A.            Adequate and accessible sanitary facilities, including lavatories, rest rooms and refuse containers;

B.            Sufficient patron seating facilities for dining, whether indoor or outdoor;

C.           Effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas;

D.           A plan of operation, including but not limited to, patron access requirements, hours of operation, control of congregate activity, security measures, litter control, and noise attenuation; and

E.            Evidence of compliance with all Building and Fire Safety regulations and any other measures necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area.

18.23.240         Temporary Uses

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A.            Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as Building Permits, may be required.

1.            Garage Sales. Garage sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.

a.            A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three sales per year limitation set forth in subparagraph 1(b) below.
b.            No more than three garage sales shall be conducted on a site in any calendar year; however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the Director.
c.            No single sale event shall be conducted for longer than three consecutive days.
d.            Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.
e.            Garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
f.             Property offered for sale at a garage sale may be displayed only within the perimeters of the residence, the driveway, or the rear yard of the property on which the garage sale is being conducted.
g.            A maximum of four off-site directional signs, not to exceed 18 inches by 24 inches, shall be permitted. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or in the public right-of-way.
h.            The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under this Ordinance, shall be prohibited.

2.            Non-Profit Fund Raising. Fund raising sales for up to three days per event is permitted on a site by a non-profit organization, not to be conducted more frequently than three times per year per site.

3.            Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction.  Screening may be required by the Director.

B.            Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 18.31, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

1.            Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards:

a.            Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.
b.            Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.

2.            Special Events and Sales. Other short term special events, outdoor sales, and displays that do not exceed three consecutive days, may be permitted in accordance with the following standards:

a.            Location. Events are limited to non-residential districts.
b.            Number of Events. No more than four events at one site shall be allowed within any 12-month period.
c.            Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four square feet in area, subject to Chapter 18.22, Signs.
d.            Existing Parking. The available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by Chapter 18.20, Parking and Loading.
e.            Recreational Special Events. Short term recreational special events shall be part of an existing Commercial Recreation or Personal Service use located on the same site.
f.             Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:
i.              Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on land owned by a school.
ii.             Time Limit. When located adjacent to a residential district, the hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.

3.            Temporary Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand opening events, and other special sales events—are also subject to the following standards:

a.            Temporary outdoor sales shall be part of an existing business on the same site.
b.            Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.
c.            Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

C.           Temporary Uses Requiring a Minor Use Permit. Other special events, outdoor sales, and displays that exceed three consecutive days but not more than one month, may be allowed with the approval of a Minor Use Permit so long as they are not intended to extend longer than one month and they are determined to not impact neighboring uses or otherwise create significant impacts.

18.23.250         Transitional and Supportive Housing

Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district.

Chapter 18.24           Telecommunications Facilities

 

(No changes to Chapter 18.118, Wireless Telecommunication Facilities, are proposed at this time.)

 

Chapter 18.25           Transportation Demand Management

Sections:

18.25.010    Purpose

18.25.020    Applicability

18.25.030    Performance Requirements

18.25.040    Trip Reduction Measures

18.25.050    Submittal Requirements

18.25.060    Required Findings

18.25.070    Modifications and Changed Plans

18.25.080    Monitoring

18.25.010         Purpose

The specific purposes of this chapter are to:

A.            Reduce the amount of traffic generated by new development and the expansion of existing development;

B.            Promote the more efficient utilization of existing transportation facilities and ensure that new developments are designed in ways to maximize the potential for alternative transportation usage; and

C.           Establish an ongoing monitoring and enforcement program to ensure that the City’s desired alternative mode use percentages are achieved.

18.25.020         Applicability

The requirements of this chapter apply to:

A.            New multi-unit development of 10 units or more;

B.            New non-residential development of 10,000 square feet or more;

C.           Additions to non-residential buildings that are 10,000 square feet or more in size that expand existing gross floor area by 10 percent or more; and

D.           Establishment of a new use, change of use, or change in operational characteristics in a building that is 10,000 square feet or more in size that results in an average daily trip increase of more than 10 percent of the current use, based on the most recent Institute of Traffic Engineers (ITE) trip generation rates.

18.25.030         Performance Requirements

All projects subject to the requirements of this chapter shall incorporate measures to meet vehicle trip generation rates that are 20 percent lower than the standard rates as established in the most recent edition of the Institute of Transportation Engineers (ITE) trip generation manual.

18.25.040         Trip Reduction Measures

All projects subject to the requirements of this chapter shall implement any combination of the following measures to achieve the required minimum vehicle trip generation reduction. Guidelines listing the number of trips that are reduced per trip reduction measure are available from the City/County Association of Governments of San Mateo County.

A.            Passenger Loading Zones. Passenger loading zones for carpool and vanpool drop-off located near the main building entrance.

B.            Direct Route to Transit. A well-lighted path or sidewalk utilizing the most direct route to the nearest transit or shuttle stop from the building.

C.           Pedestrian Connections. Safe, convenient pedestrian connections provided from the project to surrounding public streets and, if applicable, trails. Under this requirement, lighting, landscaping and building orientation are designed to enhance pedestrian safety.

D.           Bicycle Connections. If a site is abutting a bicycle path, lane or route, provision of a bicycle connection close to an entrance to the building on the site.

E.            Land Dedication for Transit/Bus Shelter. Where appropriate, land dedicated for transit or a bus shelter provided based on the proximity to a transit route.

F.            Long-Term Bicycle Parking. Covered and secure long-term bicycle parking located within 75 feet of a main entrance. Long-term bicycle parking must be in at least one of the following facilities:

1.            An enclosed bicycle locker;

2.            A fenced, covered, locked or guarded bicycle storage area; or

3.            A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas.

G.           Short-Term Bicycle Parking. Secure short-term bicycle parking located within 50 feet of a main entrance to the building.

H.           Free Preferential Carpool and Vanpool Parking. Ten percent of vehicle spaces reserved for carpools or vanpools, with a minimum of one space required. The preferential parking spaces shall be provided free of charge.

I.              Showers/Clothes Lockers. Shower and clothes locker facilities free of charge.

J.            Transportation Management Association (TMA). Participation in or requirement for tenant to participate in a local TMA, the Peninsula Congestion Relief Alliance (Alliance) or a similar organization approved by the Director, that provides ongoing support for alternative commute programs.

K.            Paid Parking at Prevalent Market Rates. Parking provided at a cost equal to the prevalent market rate, as determined by the City based on a survey of paid parking in the City and adjacent coummunities.

L.            Alternative Commute Subsides/Parking Cash Out. Provide employees with a subsidy, determined by the applicant and subject to review by the Director, if they use transit or commute by other alternative modes.

M.           Carpool and Vanpool Ride-matching Services. Matching of potential carpoolers and vanpoolers by administering a carpool/vanpool matching program.

N.           Guaranteed Ride Home. Guaranteed rides home in emergency situations for carpool, vanpool and transit riders. Rides shall be provided either by a transportation service provider (taxi or rental car) or an informal policy using company vehicles/and or designated employees.

O.           Shuttle Program. Provision of a shuttle program or participation in an existing shuttle program approved by the Director and subject to any fees for the existing program.

P.            Information Boards/Kiosks. Display of the following information in a prominent location, maintained by a designated TDM contact: transit routes and schedules; carpooling and vanpooling information; bicycle lanes, routes and paths and facility information; and alternative commute subsidy information.

Q.           Promotional Programs. Promotion and organization of events for the following programs: new tenant and employee orientation packets on transportation alternatives; flyers, posters, brochures, and emails on commute alternatives; transportation fairs; Spare the Air (June - October); Rideshare Week (October); trip planning assistance-routes and maps.

R.           Compressed Work Week. Allow employees or require tenants to allow employees to adjust their work schedule in order to complete the basic work requirement of five eight-hour workdays by adjusting their schedule to reduce vehicle trips to the worksite.

S.            Flextime. Provide or require tenants to provide employees with staggered work hours involving a shift in the set work hours of all employees at the workplace or flexible work hours involving individually determined work hours.

T.            On-site Amenities. One or more of the following amenities provided on-site: ATM, day care, cafeteria, limited food service establishment, dry cleaners, exercise facilities, convenience retail, post office, on-site transit pass sales.

U.           Telecommuting. Provide or require tenants to provide opportunities and the ability for employees to work off-site.

V.            Other Measures. Additional measures not listed in this chapter, such as childcare facilities or an in-lieu fee that would be negotiated in a development agreement with the City.

18.25.050         Submittal Requirements

All projects subject to the requirements of this chapter shall submit a transportation demand management plan in conjunction with the development application. These plans must demonstrate that, upon implementation, they will achieve the required alternative mode use and shall include the following.

A.            Checklist. A completed checklist of the trip reduction measures chosen by the applicant pursuant to Section 18.25.040, Trip Reduction Measures.

B.            Trip Generation. Estimated daily trip generation for the proposed use based on the ITE trip generation rates.

C.           Implementation Plan. A description of how the applicable minimum alternative mode use will be achieved and maintained over the life of the project, including, but not limited to, the transportation demand management goals targeted for the various measures.

D.           Designated TDM Contact. Designation of an employee or resident as the official contact for the transportation demand management program. The City shall be provided with a current name and phone number of the designated TDM contact who administers carpool and vanpool ride-matching services and promotional programs, updates information on the information boards/kiosks, and is the official contact for the administration of the annual survey and triennial report.

E.            Site Plan. A site plan that designates transportation demand management design elements including:

1.            External: preferential parking areas, paid parking areas, bicycle connections, bicycle parking, location of onsite amenities, passenger loading areas, land dedicated for transit facilities and bus shelters, direct route to transit, and pedestrian connections.

2.            Internal: showers/lockers, information boards/kiosks, ATM, dry cleaners, day care, convenience retail, post office, cafeteria, limited food service establishment, exercise facilities, onsite transit pass sales.

18.25.060         Required Findings

Prior to approval of a permit for a project subject to the requirements of this chapter, the Review Authority shall make both of the following findings:

A.            The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation; and

B.            The proposed performance guarantees will ensure that the target alternative mode use established for the project by this chapter will be achieved and maintained.

18.25.070         Modifications and Changed Plans

A.            Minor Modifications. The Director may approve minor modifications to an approved transportation demand management plan that are consistent with the original findings and conditions approved by the Review Authority and would result in the same target minimum alternative mode use.

B.            Changed Plans. A change in an approved project that would result in the addition of 10 percent of the building area or a 10 percent increase in the number of average daily trips shall be treated as a new application.

18.25.080         Monitoring

A report, documenting the TDM activities undertaken and their results, shall be submitted to the Director annually at the responsibility of the applicant. A five-year review shall evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program’s objectives, per the Director’s review and approval. The Director may impose reasonable changes to assure the program’s objectives will be met.