Half Moon Bay City Zoning Code
ARTICLE II
ZONING DISTRICT DEVELOPMENT STANDARDS
§ 18.06.010 Purpose and intent.
A.
Purpose. The purpose of these residential district regulations is to: provide appropriately located areas for residential development that are consistent with the local coastal program, land use plan and general plan and with standards of public health and safety established by the municipal code; ensure adequate light, air, privacy and open space for each dwelling by establishing reasonable development standards for the mass, scale and location on a building site for all new residential construction; achieve a high standard of site and building design, and design compatibility with surrounding neighborhoods; provide for a range of permitted uses and activities within the various residential districts; and provide sites for public and semipublic land uses needed to complement residential development or requiring location in a residential environment.
B.
Intent. The intent of this chapter is to establish the following residential districts and to guide the orderly development within each district:
(Ord. 5-00 § 2 Exh. B (part), 2000)
§ 18.06.020 Schedule of uses.
Tables A-1 through A-5, schedules of uses, of this chapter establish the uses permitted within each residential district. Certain uses are permitted as a matter of right, subject to the provisions of this title. Other uses, by their nature, require the approval of a use permit. Some uses are subject to the use regulations set forth in Section 18.06.025. Any use not expressly permitted is expressly prohibited.
Table A-1 SCHEDULE OF RESIDENTIAL USES | |||
|---|---|---|---|
Residential Uses | Allowed by Zoning | With a Use Permit | Additional Regulations |
Single-family | All R Districts | ||
Two-family | R-2, R-3 | ||
Multifamily | R-3 | ||
Small family day care | All R | ||
Large family day care | All R | ||
Residential care, limited | All R | 3 | |
Supportive housing | All R | ||
Transitional housing | All R | ||
Animal, exotic | R-1 | ||
Animal, large | R-1 | 1, 2 | |
Animal, small | All R | 1, 2 | |
Domestic fowl | R-1, R-2 | R-1, R-2 | 1, 2 |
Table A-2 SCHEDULE OF COMMERCIAL USES | |||
|---|---|---|---|
Commercial Uses | Allowed by Zoning | With a Use Permit | Additional Regulations |
Home occupations | All R | 6 | |
Agriculture/ horticulture | All R | 5 | |
Parking for adjacent business | All R | 7 | |
Swimming schools | R-1, R-2 | 8 | |
Table A-3 SCHEDULE OF PUBLIC/SEMI-PUBLIC/INSTITUTIONAL USES | |||
|---|---|---|---|
Public/Semi-Public/ Institutional Uses | Allowed by Zoning | With a Use Permit | Additional Regulations |
Convalescence facilities | R-3 | 4 | |
Day care, general | R-2, R-3 | 4 | |
Residential care, general | R-3 | 4 | |
Schools, public | All R | ||
Schools, private | All R | ||
Golf courses | All R | ||
Libraries | All R | ||
Public parks | All R | ||
Private recreation facilities | All R | ||
Public safety | All R | ||
Religious assembly | All R | ||
Utilities, major | All R | ||
Utilities, minor | All R | ||
Table A-4 SCHEDULE OF ACCESSORY USES | |||
|---|---|---|---|
Accessory Uses | Allowed by Zoning | With a Use Permit | Additional Regulations |
Accessory dwelling units | All R | ||
Home occupation | All R | ||
Short-term vacation rental | All R | ||
Table A-5 SCHEDULE OF TEMPORARY USES | |||
|---|---|---|---|
Temporary Uses | Allowed by Zoning | With a Use Permit | Additional Regulations |
Commercial filming | All R | 9 | |
Construction trailer | All R | 11 | |
Personal property/ garage sales | All R | 10 | |
New subdivision sales office | All R | ||
(Ord. 5-00 § 2 Exh. B (part), 2000; Ord. C-15-10 § 1(Exh. A(part)), 2010; Ord. C-2016-03 § 3, 2016; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2023-02 § 2(Att. A), 2023; Ord. 5-00 § 2 (Exh. B (part)), 2000; Ord. C-2015-08 § 2 (Exh. A (part)), 2015)
§ 18.06.025 Use regulations.
Additional regulations for permitted uses in each residential district shall be met for the following uses:
A.
Animals. In addition to the definitions and classifications of this subsection, all animals are subject to subsection B of this section, animal maintenance regulations. Animals which are not in compliance with animal maintenance regulations may be kept only upon such terms and conditions and for such time as may be prescribed by the planning commission in conjunction with the approval of a use permit.
1.
Animal, Exotic. "Exotic animal" means any wild animal not customarily confined or cultivated by man for domestic or commercial purposes but kept as a pet or for display.
2.
Animal, Large. "Large animal" means an animal larger than the largest breed of dogs. This term includes boars, cows, goats, horses, llamas, mules, domestic pigs, sheep, and other animals customarily kept in corrals or stables.
3.
Animal, Small. "Small animal" means small domestic animals of the type customarily kept as household pets, including birds other than domestic fowl, cats, chinchillas, dogs, miniature pigs, small reptiles, rodents, and other similar animals no larger than the largest breed of dogs. No more than three small animals may be kept outside on any site in a residential district with less than five thousand square feet. A maximum of four small animals may be kept at any site in any residential district with a minimum of five thousand square feet. Five or more small animals may be permitted in the R-1 and R-2 districts upon securing a use permit in each case.
4. "Domestic fowl"
means chickens, ducks, geese, pea fowl, pigeons, turkeys and other fowl typically used for food or food products, which may create a disturbance to the peace within residential districts. A maximum of two domestic fowl may be permitted in the R-1 and R-2 districts at any one time. Three or more domestic fowl are permitted in an R-1 district upon securing a use permit in each case. Domestic fowl are prohibited in the R-3 district.
5.
Animal, Young. "Young animal" means any animal under the age of four months.
6.
Roosters. Roosters are strictly prohibited in all residential districts.
B.
Animal Maintenance Regulations. In addition to the additional regulations set forth in subsection A of this section, the maintenance of permitted animals and pets shall be in compliance with the following regulations:
1.
Caged or Housed Within Residence. Except as may be approved as a part of a use permit, or in conjunction with a recognized agriculture or animal husbandry educational program, including any similar program such as those for police dogs or guide dogs for the blind or hearing impaired, no animal other than small animals such as household pets shall be caged or housed within a residence, or within twenty feet of the residence or adjacent residences, or within twenty feet of a required front yard or within sixty feet of the front lot line. No animal housing or caging shall be maintained closer than ten feet to any adjoining property line, nor should any such housing or cage be visible from adjacent public or private property.
2.
Open Space Requirement. The maximum number of animals permitted on a property shall be determined by the amount of open space area on the lot. For purposes of this section, open space shall be defined as the sum total of the site less any coverage for the main and accessory buildings. Calculation of the total open space required shall be cumulative, based upon the number of animals. Young animals can be excluded when determining the open space requirements, if the number of such animals is not three times the number of permitted animals at any one time. The minimum amount of open space devoted to the keeping of animals other than small animals such as household pets shall be five thousand square feet. The following additional open space area requirements shall apply:
3.
Adequate and Sanitary. Housing or caging of animals shall be adequate and sanitary, and all animals shall be kept in a manner approved by the county health officer.
4.
Rodent-Proof Storage. All animal food stored outside, except hay and straw, shall be stored in rodent-proof containers.
5.
Animal Slaughter. The slaughter of small animals raised on the site, such as poultry and rabbits, is permitted only where intended for consumption by the resident family.
6.
Large Animal Use Permit Waived. A large animal as defined in this chapter may be maintained in an R-1 district without the requirement for a use permit under the following circumstances:
a.
Animal Husbandry Program. Participation in a recognized agriculture or animal husbandry educational program, including similar programs such as those for police dogs or guide dogs for the blind or hearing impaired is required.
b.
Maximum of One. A maximum of one large animal shall be permitted and only during the time of active participation in the program. In the event more than one large animal is proposed per resident, a use permit shall be required.
c.
Resolve Complaint. That in the event complaints are received from adjoining or nearby residents, the participant(s) shall make every attempt to resolve the conflict resulting in the complaint.
d.
Referred to Planning Commission. In the event the issue cannot be resolved to the satisfaction of the complaining party, either the animal(s) shall be removed or the matter shall be referred to the planning commission for resolution on a "no fee" basis. Prior to consideration by the planning commission, the community development director shall notify the complaining party and the animal owner(s) of the time, date and place of the planning commission meeting at which the issue will be discussed. The decision of the planning commission shall be final unless appealed to the city council.
C.
Day Care, Limited, and Residential Care, Limited.
1.
Six or Fewer. As defined in this title, these uses are limited to non-medical care for six or fewer persons.
D.
Convalescence Facilities and Day Care, General.
1.
Use Permit. A use permit shall be required prior to the establishment of any new or expanded convalescence facility or general day care business in the R-2 and R-3 districts.
2.
Plans Reviewed. Plans shall be reviewed, and/or facilities inspected by the Half Moon Bay fire protection district prior to review by the city.
3.
Permits. All required city, county, or state permits or licenses must be obtained by the applicant prior to the issuance of permits to establish the use.
4.
Vehicle Control. Plans shall include controls for vehicle circulation, drop-off and pick up, and employee parking to ensure compatibility with the residential environment.
E.
Agriculture/Horticulture. Commercial agriculture shall be limited to any site within any residential district with five acres or more of land; retail sales shall be allowed only if specifically addressed as a part of an approved use permit. Nurseries and greenhouses shall be used only for propagating and cultivating of plants and cut flowers; provided, that no retail sales shall be allowed, and the site shall be a minimum of one acre.
F.
Home Occupations. Home occupations are allowed in all residential districts and shall comply with the following:
1.
Eligible Employees. Residents of the dwelling and one nonresident employee may be employed on site or report to work at the site of a home occupation. This limitation also applies to independent contractors.
2.
No Inconsistent Activity. There shall be no interior or exterior activity related to the home occupation that interferes with or is detrimental to residential use of adjacent property.
3.
Entirely Within. A home occupation shall be conducted entirely within a building, either the main residence or an accessory building, and shall occupy no more than five hundred square feet of floor area. No outdoor storage of materials or supplies shall be allowed in conjunction with the home occupation.
4.
No Visibility. The existence of a home occupation shall not be apparent beyond the boundaries of the site, and no home occupation shall involve the use of a sign, nor the display of products visible from the street.
5.
No On-Site Retail. The home occupation shall not involve on-site retail business, interior or exterior alterations, nor construction features not normally found in dwellings. Retail businesses operating entirely by mail are permitted.
6.
Traffic. A home occupation shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity. Visitor vehicle trips to the home occupation such as for customers, clients, vendors, or suppliers, are limited to one visitor vehicle at a time, with no more than two occurrences per day. Incidental traffic associated with deliveries may take place.
7.
Parking. Parking shall be provided on site for any employee of the home occupation.
8.
Non-Priority Use. Home occupations shall not be considered Coastal Act priority uses, as that term is defined in the Local Coastal Land Use Plan.
9.
Business License. Prior to the issuance of a business license for a home occupation, the applicant shall submit to the community development director a written description of the operational characteristics of the proposed home occupation. The community development director shall determine that the proposed home occupation complies with the requirements of this section. Decisions of the community development director may be appealed to the planning commission by the applicant or by any interested party.
G.
Short-Term Vacation Rentals. Short-term vacation rentals are allowed as accessory uses to residential dwelling units subject to this section:
1.
Short-Term Vacation Rental Registration and Compliance Review Required. No person shall offer any short-term vacation rental unless the short-term vacation rental is registered and found to be in compliance with this chapter.
2.
Application. Prior to operation of a short-term vacation rental, the operator shall submit an application that includes all of the following:
a.
Name and contact information of the operator. All adults for whom the property is a permanent residence shall be listed as operator.
b.
A written description of the proposed short-term vacation rental's compliance with this section on a form prepared by the community development director.
c.
Site plan showing location of all existing buildings and location and dimensions of on-site parking.
d.
Floor plan showing all rooms with each room labeled as to room type.
e.
Description of rooms or dwelling unit to be used for the short-term vacation rental.
f.
If the operator is not the property owner, the property owner's written consent to the short-term vacation rental use.
g.
If the property is subject to a homeowner's association (HOA), the HOA's written consent to the short-term vacation rental use.
h.
Proof of Primary Residence. The operator shall provide documentation that the property where the short-term vacation rental use is to be conducted is the operator's primary residence, if required by this section.
i.
Consent to Inspection. Consent to physical inspection(s) by city staff, contractors, or representatives for the purpose of verifying compliance with this chapter during regular business hours (seven-thirty a.m. to five-thirty p.m.) or if in response to a complaint, regardless of the time. Consent to provide records of compliance to the city within one week upon request.
j.
Municipal Services. The short-term vacation rental property shall have adequate water and sewer connections and shall be served by local utility agencies for water and sewer service. In the event that the short-term vacation rental property is served by a well for potable water and/or by a private sewage treatment system such as a septic system, the short-term vacation rental operator shall provide written proof of safe yield and/or adequate capacity by San Mateo County Environmental Health Services or other applicable oversight agency. Short-term vacation rental use shall not qualify for priority infrastructure service.
k.
Water Use. For any renewal or registration of an existing short-term vacation rental, the operator shall provide documentation of the water use at the property for the prior year during the period in which the property was used as a short-term vacation rental.
l.
Proof of Rental Nights. For any renewal, the operator shall provide documentation of the number of nights the unit was rented during the prior year, including whether the unit was used as a hosted short-term rental or an unhosted short-term rental.
m.
Fee. The operator shall pay a registration fee prescribed by city council resolution, no part of which shall be returnable to the operator. The city council may establish fees that are different for initial registration of a new short-term vacation rental and renewals or registrations of existing short-term vacation rentals.
n.
Additional materials as deemed necessary by the community development director.
3.
Registration Requirements. The community development director shall register short-term vacation rentals that comply with all of the requirements of this subsection G, including:
a.
Building and Fire Code Inspection. There shall be no outstanding building, electrical, plumbing, fire, health, housing, police, or planning code violations or enforcement actions, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices related to the property on which the short-term vacation rental is to be located.
b.
Indemnification. The property owner and any separate operator shall jointly and severally agree to indemnify, hold harmless and defend the city and its officials, employees, and agents from any and all liability, actions, claims, damages, costs and expenses, including reasonable attorney's fees and costs, which may be asserted by any person or entity arising from or related to the issuance of the short-term vacation rental registration or its operation.
c.
Insurance. The operator shall file a certificate of insurance showing the maintenance of insurance in the amount appropriate to cover any liability of the operator for property damage and injuries to persons in connection with short-term vacation rental activities.
d.
Business License. The operator shall obtain a city of Half Moon Bay business license.
e.
Transient Occupancy Tax. Evidence of compliance with the provisions of transient occupancy tax, Chapter 3.12, including registration certificate. For short-term vacation rentals operating prior to the date of application, payment of all taxes, penalties, and interest due is also required.
f.
Notification. The operator shall have notified neighbors within one hundred feet of the short-term vacation rental property, posted a temporary sign for thirty days on the property indicating intent to register as a short-term vacation rental. The notification and signage shall include the contact information of the responsible party designated to respond to a complaint pursuant to subsection (G)(5)(g) of this section.
g.
Water Use. If the water use documentation demonstrates short-term vacation rental water use exceeding an average of three hundred gallons per day, the operator shall include strategies to reduce water use to below an average of three hundred gallons per day during the next year. If such strategies are ineffective, the registration shall not be renewed.
h.
Compliance. The property on which the short-term vacation rental will be located has not had two or more violations of this section within the last twelve months from registration submittal and has not been denied registration or had registration revoked within the preceding twelve months. The operator has not had two or more violations of this section within the last twelve months from registration submittal related to any short-term vacation rental, has not been denied registration for any other short-term vacation rental within the preceding twelve months, and has not had a short-term vacation rental registration revoked at any time.
i.
Nuisance. Operation of the short-term vacation rental would not a public nuisance or threat to the public health, safety, or welfare.
4.
Registration Term. The initial short-term vacation rental registration is valid for one year and renewable through an administrative review by the community development director thereafter, if in good standing. Registration renewals shall comply with subsection (G)(3) of this section, except for the inspection and notification provisions. Registrations are not nontransferable to another property or operator.
5.
Operation Requirements.
a.
Residential Unit Type.
i.
Single-family and residential condominium dwelling unit: One short-term vacation rental may operate as an accessory use to a single-family unit or residential condominium dwelling unit.
ii.
Duplexes and Triplexes. Short-term vacation rentals may operate from duplexes and triplexes under limited conditions as follows:
iii.
Mixed-Use Development. In the commercial-downtown, commercial-general, and commercial-visitor serving zoning districts, in mixed-use developments with at least two dwelling units, no more than one unit may be registered and operated for short-term vacation rental use.
iv.
Prohibited. Short-term vacation rentals may not operate from mobile homes, recreational vehicles, multi-family developments with four or more units, any mixed-use or residential development containing one or more units restricted to be affordable to lower income households, farmworker housing, accessory dwelling units except pursuant to Chapter 18.33, in the open space reserve (OS-R) or urban reserve (U-R) zoning districts, or in the substantially undeveloped planned developments in Chapter 2 of the land use plan.
b.
Primary Residence. No dwelling unit shall be operated for short-term vacation rental use unless the dwelling is the primary residence of the operator. Short-term vacation rentals permitted to operate in the commercial-downtown, commercial-general, or commercial-visitor serving zoning district pursuant to subsection (G)(5)(a)(i) or (iii) of this section are exempt from this primary residence requirement.
c.
Maximum Number of Rental Nights. An unhosted short-term vacation rental shall be operated no more than sixty nights per calendar year. There are no rental night limitations for hosted short-term vacation rentals.
i.
An "unhosted short-term vacation rental" is defined as a short-term vacation rental use where no resident is present during the course of the rental.
ii.
A "hosted short-term vacation rental" is defined as a short-term vacation rental use where a resident, who is the operator and acting as a host, occupies one or more bedrooms in a dwelling unit while other areas of the unit are rented for the purpose of transient overnight lodging.
iii.
Short-term vacation rentals permitted to operate in mixed-use developments in the commercial-downtown, commercial-general, or commercial-visitor serving zoning districts and all other short-term vacation rentals permitted to operate in the commercial-visitor serving zoning district are exempt from the limitation on unhosted rental nights.
d.
Maximum Number of Short-Term Vacation Rentals per Operator. The maximum number of short-term vacation rentals per operator within the city limits is one.
e.
Maximum Number of Short-Term Vacation Rentals per Site. The maximum number of short-term vacation rentals is one per assessor's parcel number, one short-term vacation rental per residential condominium dwelling unit, or one short-term vacation rental per site developed with a duplex or triplex. An operator may register different areas of a site for use as a short-term vacation rental, but only one short-term vacation rental may be operated at a time.
f.
Maximum Number of Rental Agreements. Only one rental agreement may be in effect for a short-term vacation rental at any one time.
g.
Responsible Party. For hosted short-term vacation rentals, the operator shall be the host and the responsible party. For unhosted short-term vacation rentals, the responsible party may be the property owner, operator, or the operator's agent. In all cases, the responsible party shall be a local contact person who shall meet all of the following minimum qualifications:
i.
Be available twenty-four hours per day and seven days per week when the short-term vacation rental is in operation; and
ii.
Be accessible and able to respond in person at the short-term vacation rental within a reasonable time (approximately twenty minutes) to any complaint regarding the condition, operation, or conduct of occupants of the dwelling; and
iii.
Be responsive to take remedial action necessary to resolve any violations of the requirements of this section.
h.
Maximum Overnight Occupancy. Overnight occupancy for short-term vacation rentals shall be limited to a maximum of up to two persons per bedroom. For a hosted short-term vacation rental, the bedroom(s) occupied by the host shall not be used in determining the maximum overnight occupancy for guests.
i.
Record Keeping. The operator shall retain records documenting the compliance with this section for a period of three years after any short-term vacation rental, including, but not limited to, records indicating the history of all short-term vacation rental reservations on the subject property from the hosting platform or otherwise, records indicating the payment of any and all transient occupancy taxes, length of stay per reservation, and number of persons per reservation. Upon reasonable notice, the operator shall provide any such documentation to the city.
6.
Performance Standards. There shall be no interior or exterior activity related to the short-term vacation rental that interferes with or is detrimental to residential use of adjacent property. The following performance standards apply to short-term vacation rentals:
a.
Notification of City Registration. The operator shall ensure that all advertising, including, but not limited to, in any written publication or on any online website, or any other medium that lists or offers the availability or existence of the short-term vacation rental property, includes the city-issued short-term vacation rental registration number.
b.
Notification of City Requirements. The operator shall prepare a manual of city requirements and standards for short-term vacation rentals. The operator shall provide the manual to all guests in conjunction with any booking as well as prominently displayed in the short-term vacation rental. The manual shall include the contact information for the responsible party and standard language available from the community development director.
c.
No Visibility. The existence of a short-term vacation rental shall not be apparent beyond the boundaries of the site, and no short-term vacation rental shall involve the use of a sign, nor the display of products visible from the street.
d.
Traffic. A short-term vacation rental shall not create pedestrian, automobile, or truck traffic detrimental to property in the vicinity or neighborhood parking impacts. The property address shall be clearly marked.
e.
Parking. Parking for short-term vacation rental users shall be provided at a rate of at least one off-street parking space per bedroom, which shall be dedicated and available to guests during the period of the rental. No vehicles shall be used for overnight occupancy. Parking exceptions may be considered by the planning commission subject to Section 18.36.085; provided, that the planning commission shall consider whether a prior parking exception was previously granted for the property. In the commercial-downtown zoning district, exceptions must also comply with Section 18.07.045.
f.
Noise Limits. All short-term vacation rental use shall be required to follow the following standards set forth in Chapter 9.23.
g.
Building and Fire Codes. All properties on which short-term vacation rental use is occurring shall remain compliant with all applicable building and fire codes.
h.
State and Local Laws and Orders. All short-term vacation rental use shall comply with all applicable state and local laws and orders, including any public health order.
i.
Special Events. Short-term vacation rentals shall not be concurrently used for any commercial purpose (such as a corporate retreat or conference) or any event that is likely to result in a violation of traffic, parking, noise, or other standards regulating the residential use and character of the neighborhood. Such events include most weddings, concerts, and parties. Home occupations conducted by the primary resident compliant with subsection F of this section are allowed; provided, that parking and all other requirements for both the short-term vacation rental and the home occupation are met.
j.
Trash and Recycling Management. Short-term vacation rental use shall comply with trash and recycling requirements and scheduled solid waste pick-up days at least once per week. Trash and recycling containers shall be located to be readily accessible for servicing, but shall not be placed within the limits of any street, road, avenue, way, alley, public place or any other places as to constitute a nuisance.
7.
Hosting Platform Regulations.
a.
Record Keeping. Hosting platforms shall retain records documenting the compliance with this section for a period of three years after any short-term vacation rental, including, but not limited to, records indicating the history of all short-term vacation rental reservations on the subject property from the hosting platform, the payment of any and all transient occupancy taxes (including via a hosting platform on behalf of a host), the length of stay per reservation, and the number of persons per reservation.
b.
Registration Required for Platform Listings. Hosting platforms shall be required to prompt hosts to include the city-issued registration number in their listing(s), in a format designated by the city. Upon notice from the city that a listing is noncompliant, hosting platforms shall cease any short-term vacation rental booking transactions for said listing(s) within five business days. A hosting platform shall not complete any booking transaction for any residential property or unit subject to a city notice, until notified by the city that the residential property or unit is in compliance with the local registration requirement.
c.
Safe Harbor. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (G)(7)(a) and (b) of this section shall be presumed to be in compliance with this chapter.
d.
The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by, any such law(s).
8.
Revocation.
a.
Revocation of Registration. A short-term vacation rental registration may be revoked for the following reasons:
i.
That the registration was obtained by misrepresentation, false statement or fraud;
ii.
That the short-term vacation rental activity is being conducted in violation of local or state law;
iii.
That two violations of this subsection G have occurred on the property on which the short-term vacation rental is located within the preceding twelve months;
iv.
That the short-term vacation rental activity has caused or is causing a serious threat to human health or public safety; or
v.
That consent to an inspection is not provided.
vi.
As used in this subsection G, the term "violation" shall mean any violation of this subsection G, as evidenced by a city-issued citation, unresolved notice of violation, unresolved cease-and-desist order, or other appropriate documentation. Each unique violation of this subsection G shall constitute one violation.
b.
Process. In any case where substantial evidence indicates that the conditions in subsection (G)(8)(a) of this section exist, revocation proceedings shall occur as follows:
i.
The city manager or his or her designee may issue either a notice of pending revocation or a notice of suspension pending revocation, the latter of which shall require immediate suspension of all short-term vacation rental activity pending a final determination regarding revocation. Any notice of suspension shall explain why the short-term vacation rental activity presents an immediate, serious threat to human health or public safety. The notice shall detail the grounds for potential revocation of the permit and allow thirty calendar days for submission of a written statement and/or supporting documentation disputing such grounds.
ii.
The city manager's or his or her designee's determination shall be made not more than thirty calendar days after the deadline for submittal of documentation provided on the notice.
iii.
All notices and determinations shall be mailed to the operator, the property owner (if applicable), and the responsible party (if applicable).
iv.
The community development director is authorized to issue administrative guidelines to further define procedures for making revocation determinations.
c.
Appeals. If the registration is revoked, the operator shall have the right to appeal the decision as follows:
i.
The appellant must file a notice of appeal with the city clerk within fourteen calendar days of the date of the revocation decision.
ii.
The matter shall be scheduled for hearing before an independent hearing officer selected by the city manager or his or her designee no more than thirty calendar days from the receipt of the appeal.
iii.
The appellant shall be served with notice of the time and place of hearing, as well as any relevant materials, at least seven calendar days prior to the hearing.
iv.
The hearing may be continued from time to time upon mutual consent. At the time of the hearing, the appealing party and the city manager or his or her designee may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken.
v.
Based upon the submission of such evidence and the review of the city's files, the hearing officer shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within a reasonable time after the conclusion of the hearing and shall state the reasons for the decision. The notice shall be mailed to appellant, and if different from the appellant, the operator, the property owner, and the responsible party (if applicable). The notice shall specify that the decision is final and subject only to judicial review in accordance with law.
10.
Existing Short-Term Vacation Rentals.
a.
Short-term vacation rentals in operation for at least three months at the time of the effective date of the ordinance codified in this section and with proof of payment of all applicable transient occupancy taxes, shall have six months from the effective date of the ordinance codified in this section to register. For approved unhosted short-term vacation rental operations, the annual calendar during which up to sixty days of unhosted operations may occur commences on the date of registration issuance.
b.
Short-term vacation rentals are not required to meet the primary residence requirement if all of the following conditions are met:
i.
The short-term vacation rental does not currently meet the primary residency requirement and was in operation and in good standing with the city (i.e., had obtained a business license and had paid all required transient occupancy taxes) as of October 14, 2022.
ii.
The short-term vacation rental has paid all applicable transient occupancy tax owed between October 14, 2022, and the date of registration.
iii.
The short-term vacation rental is within a single-family or residential condominium unit. No accessory dwelling units qualify for this exemption.
This primary residence exemption shall no longer be valid for a property if ownership of the property is transferred, if short-term vacation rental use is discontinued for twelve or more months, or if the short-term vacation rental registration is revoked.
H.
Parking Areas. Surfaced parking areas to support commercial uses adjacent to residential districts may be approved by use permit. Any such support parking area shall be subject to review and recommendations by any city council appointed advisory committee or commission prior to consideration by the planning commission of a use permit application.
I.
Swimming Schools. Swimming schools may be approved by use permit in R-1 and R-2 districts on sites having a minimum of six thousand square feet.
J.
Commercial Filming. Commercial filming is permitted in all residential districts upon securing all necessary permits and licenses required by this code.
K.
Personal Property Sales. Personal property sales such as garage sales are limited to a maximum of three weekends per calendar year for each site in the R-1 districts and per dwelling unit in the R-2 and R-3 districts.
L.
Construction Trailer. For purposes of this section, a "construction trailer" is defined as a mobile or temporary office facility for the use of the contractor during the construction of a residential structure or structures. The construction trailer shall be removed from the site within ten days of issuance of a certificate of occupancy or the final building inspection, whichever occurs first. The construction trailer may be converted to a sales office upon approval of a use permit in each case.
M.
Large family day care is allowed incidental to a residential use in all residential zoning districts subject to a determination by the community development director that the large family day care conforms to all of the following:
1.
Concentration of Uses. No more than one large family day care shall be permitted within three hundred linear feet of the property line of any existing large family day care.
2.
Parking. On-site parking beyond that required for the residential use shall not be required.
3.
Passenger Loading. In addition to available on-street loading, a minimum of one passenger loading space shall be provided on the site during pick-up and drop-off periods.
4.
Noise. Operation of a large family day care shall conform to the noise limitations of Chapter 9.23.
5.
Screening of Outdoor Play Areas. A solid fence in conformance with the requirements of this chapter shall be provided to screen outdoor play areas located in the rear yard.
6.
Residency. The operator of a large family day care must be a full-time resident of the dwelling unit in which the day care is located.
7.
Garage. No portion of a garage providing "required" parking shall be utilized for the day care.
8.
Fire and Building Code Requirements. Large family day care shall conform to the requirements of the State Fire Marshal.
9.
State and Other Licensing. Large family day care shall be state licensed and operated according to all applicable state and local regulations.
(Ord. 5-00 § 2(Exh. B)(part), 2000; Ord. C-2014-05 § 1, 2014; Ord. C‑2014-12 § 1, 2014; Ord. C-2015-04 § 1(part), 2015; Ord. C-2016-03 § 4, 2016; Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.06.030 Residential development standards.
Table B of this chapter provides the schedule of development standards for all R-1 districts. Table C provides the schedule of development standards for R-2 and R-3 districts. These standards are to be observed in conjunction with Section 18.06.040. Specific development regulations, for all development in residential districts.
Table B R-1 ZONING DISTRICT DEVELOPMENT STANDARDS | |||
|---|---|---|---|
Building Site Characteristics | R-1 | R-1--B1 | R-1--B2 |
Minimum site area (square feet) | 5,000 | 6,000 | 7,500 |
Minimum average site width | 50' | 60' | 75' |
Minimum front setback | 20' | 25' | 25' |
Minimum side setback | 5' | 5' | 6' |
Minimum street facing side setback | 15' | 15' | 15' |
Combined minimum side setback1 | 20% | 20% | 20% |
Rear, minimum setback | 20' | 20' | 20' |
Single-story, maximum height | 20' | 20' | 20' |
Multi-story, maximum height | 28' | 28' | 28' |
Maximum single-story site coverage | 50% | 50% | 50% |
Maximum multi-story site coverage | 35% | 35% | 35% |
Floor area ratio | 0.5:1 | 0.5:1 | 0.5:1 |
Parking garage spaces | 2 | 2 | 2 |
Usable open space per unit | N/A | N/A | N/A |
Notes: |
|---|
1 Combined side yards equal or exceed twenty percent of average site width. |
Table C R-2 AND R-3 ZONING DISTRICT DEVELOPMENT STANDARDS | |||
|---|---|---|---|
Building Site Characteristic | R-2 | R-2 | R-3 |
Maximum allowed density | 17.42 dwelling units per acre | 29.04 dwelling units per acre | |
Minimum required density | 10.00 dwelling units per acre | 15.00 dwelling units per acre | |
Minimum site area per unit (square feet) | 5,000 | 2,500 | 1,500 |
Maximum site area | N/A | N/A | N/A |
Minimum site area (square feet) | 5,000 | 5,000 | 5,000 |
Minimum average site width | 28.5' | 50' | 75' |
Minimum front setback | 20' | 20' | 20' |
Minimum side setback | 5' | 5' | 5' |
Minimum street facing side setback | 10' | 10' | 10' |
Combined minimum side setback | 20% | 20% | 20% |
Rear minimum setback | 20' | 20' | 20' |
Single-story maximum height | 20' | 20' | 20' |
Multi-story maximum height | 28' | 28' | 40' |
Maximum single-story site coverage | 50% | 50% | 50% |
Maximum multi-story site coverage | 35% | 35% | 45% |
Floor area ratio | 0.5:1 | 0.5:1 | N/A |
Usable open space per unit | N/A | 15% | 15% |
Notes: |
|---|
1 For single-family residences on a site. |
2 For two dwellings on a site. |
(Ord. 5-00 § 2 Exh. B (part), 2000; Ord. C-15-10 § 1(Exh. A(part)), 2010; Ord. C-2014-10 § 4(A), 2014)
§ 18.06.035 R-1-B-3 development standards.
The following development standards shall apply in the R‑1‑B‑3 district:
D.
Notwithstanding subsection C of this section, the standards set forth in Table B-2 shall apply:
Table B-2: R-1-B-3 ZONING DISTRICT DEVELOPMENT STANDARDS | ||||
|---|---|---|---|---|
Minimum Lot Size | Average Minimum Width | Front Yard Setback | Side Yard Setback | Rear Yard Setback |
10,000 sq. ft. | 90 ft. | 25 ft. | 20% of width of lot; 5 ft. min. on each side | 20 ft. |
(Ord. C-2013-01 § 2, 2013; Ord. C-2013-08 § 2, 2013)
§ 18.06.040 Specific development standards.
In conjunction with the specific development standards set forth in Tables B and C of this chapter, the following specific development regulations shall apply:
A.
Open Space. Development of multi-family structures in the R-2 district and R-3 district shall include usable open space which is fifteen percent of the floor area per unit, as follows:
1.
Usable Open Space. Usable open space shall be defined as the sum of private open space and common open space as defined in this section providing outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility or service areas, or any required front or street side yard and excluding any land area with a slope in excess of twenty percent.
2.
Private Open Space. Private open space is open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests, such as patios or screened decks or balconies. Patios at grade level must have a minimum area of one hundred twenty square feet, and balconies must have a minimum area of sixty square feet with no dimension less than six feet, in order to meet a portion of the open space requirement.
3.
Common Open Space. Common open space is open space used commonly by residents of a building, having a minimum dimension of fifteen feet in any direction and a minimum area of three hundred square feet. Common open space includes terraces, courts, nonstreet side yards, rear yards, open patios and decks, rooftops surrounded by parapet wall or similar structure having a minimum height of four feet. Common open space shall be open to the sky and shall not include driveways, pedestrian access to units, parking areas or area required for front or street side yards.
B.
Landscaping.
1.
Guideline Conformance. All planting areas, plant materials, and irrigation shall conform with guidelines in the city's current water-efficient landscaping program.
2.
Landscape Plan. A landscaping plan is required for all new multi-family residences, and shall be in conformance with design criteria contained in this title and the city's current water-efficient landscaping program.
3.
No Impediments. No landscaping may impede, block, obstruct, or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road. Trees and shrubs shall be maintained in such a manner as to provide a minimum clear distance between any public or private sidewalk, street, road or right-of-way and the lowest foliage.
4.
Sight Distance. Within the sight distance area of any corner, as defined herein, trees must be pruned to allow a nine-foot clearance between natural grade and the lowest foliage, and shrubs must be trimmed to a maximum height of three feet.
a.
Sight Distance Area. A triangular area measured from the corner property marker or the apex of the radius of the curve, to two points located twenty-five feet back along the front and side property lines and completed by the diagonal connecting these two points. The volume of space between three feet and nine feet above this triangular area is to be kept clear to allow safe vehicular movements at the street intersection. During review of new development on corner lots, this sight distance area can be increased for streets, upon a finding that the increased sight distance is required for safety at the intersection made during the review of the discretionary permit(s) for the project.
C.
Height of Fences, Walls, Gates and Hedges. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, at the base of the fence, wall or hedge to the top of the fence, wall or hedge above that grade. The following specific criteria shall apply in all residential districts:
1.
Driveway Gates. Decorative gates may extend up to one foot higher than the fence height permitted in that location.
2.
Maximum Height. The maximum height of a solid fence, wall or hedge shall be as follows:
a.
Front Limited Height. Fences, walls, and hedges located within a required front yard setback area or within the site distance area as defined herein shall be limited to a maximum height of three feet.
b.
Rear Limited Height. Fences, walls, and hedges located to the rear of the required front yard setback area shall be limited to a maximum height of six feet, unless this area is also within the site distance area as defined herein, in which case the maximum height shall not exceed three feet in the site distance area.
c.
Trellis or Rails. An additional one foot of fence or wall height is permitted on front yard, rear yard and interior side yard fences, only if the added fencing has openings comprising at least fifty percent of the added area (such as lath trellis or rails).
d.
Retaining Wall Fence. Where a retaining wall protects a cut below existing grade or contains a fill above the existing grade and is located on the line separating lots, such retaining wall may be topped by a fence, wall or hedge with the maximum total height not to exceed six feet.
D.
Off-Street Parking. Off-street parking shall be provided for all uses within a residential district in accordance with the following minimum requirements:
1.
Parking Spaces. Parking spaces shall conform to the following sizes:
Table D PARKING SPACE SIZE | |
|---|---|
Type of Space | Dimensions |
Standard | 9' x 19' clear |
Parallel | 10' x 22' clear |
2.
Access Aisles. Parking areas shall provide adequate aisles for all vehicle turning and maneuvering, and conform to the following parking standards:
Table E PARKING STANDARDS | ||
|---|---|---|
Parking Angle | Circulation | Aisle Width |
0 degree | one-way | 12 feet |
0 degree | two-way | 24 feet |
85 -- 90 degree | one-way | 22 feet |
85 -- 90 degree | two-way | 25 feet |
30 -- 45 degree | one-way | 14 feet |
50 -- 55 degree | one-way | 16 feet |
60 degree | one-way | 18 feet |
65 -- 80 degree | two-way | 20 -- 23 feet |
3.
Street Right-of-Way. No parking area shall be designed so that vehicular maneuvering on or backing up into public or private street right-of-way is necessary. This regulation shall not apply to driveways in R-1 and R-2 districts or to projects with two or fewer units in the R-3 district.
4.
Location. Required garage spaces shall not be located within the front yard setback, but open, uncovered parking spaces may be located within the side or rear yards.
5.
Duplexes and Triplexes. One guest parking space required. The guest parking space shall be uncovered. The guest parking space shall not be in tandem with other required parking spaces without approval of a parking exception.
6.
Multifamily Residential. Specific provisions apply to the C-D district per Chapter 18.07; otherwise, at least one of the two required parking spaces for each unit shall be enclosed within a garage. The second required parking space and guest parking spaces may be uncovered.
7.
Carports. Any carport or open parking area for five or more cars serving a residential use shall be screened by a solid wall or fence six feet in height, except that the height of a wall or fence adjoining a required front yard shall be not less than two feet or more than three feet.
8.
Garages. Garages shall provide adequate interior area for standard parking spaces. Garage door openings shall have a minimum height of seven feet and shall be covered by a solid or sectional overhead door which shall be constructed of durable material approved by the building department, and painted, stained or treated to be harmonious with the exterior of the residential structure. All required garages shall be kept free, clear, and accessible for the parking of a vehicle or vehicles at all times.
E.
Driveways. Visibility of a driveway crossing a street property line shall not be blocked between a height of three feet and nine feet for a depth of five feet from the street property line as viewed from the edge of the right-of-way on either side of the driveway at a distance of fifty feet or at the nearest property line intersection with the street property line, whichever is less.
1.
Semi-Circular. Semi-circular driveways are permitted on lots with widths of seventy-five feet or more, if no more than fifty percent of the front setback area is to be paved, and if visible landscaping is to be installed between the driveway and the sidewalk.
2.
Minimum Widths. On building sites in the R-1 district and R-2 district, driveways leading to two-car garages shall have a minimum width of eighteen feet for two-car garages and nine feet for single car garages, and a minimum depth of eighteen feet for roll-up doors and twenty feet for pull-up doors, with a corresponding width of the opening into the garage. Driveways leading to a detached or attached garage in the rear yard shall provide the same dimensions adjacent to the garage, but may be reduced to a minimum width of ten feet in required setback areas.
F.
Underground Utilities. All new electrical, telephone, cable TV and similar distribution lines providing direct service to a residential development site, and any such service existing on the site, shall be installed underground within the site unless such installation is deemed unfeasible.
G.
Maximum Building Envelope. The maximum building envelope shall apply to all residential development within any residential zone. The maximum building envelope under which all structures in residential zones must fit is defined as follows: a plane that begins at ten feet above the side property lines and extends into the property at a forty-five-degree angle and sixteen feet above the front and rear setback line and extends into the property at a sixty-degree angle. The following features may breach the maximum building envelope as defined in this subsection:
1.
Dormers or gables may extend beyond the building envelope; provided, that the combination of all of these features on one development site measures no more than fifteen horizontal feet at the intersection of the building envelope on any side yard building envelope, and the total overall height of the encroaching features does not exceed the maximum allowed building height.
(Ord. 5-00 § 2 Exh. B (part), 2000; Ord. C-15-010 § 1(Exh. A)(part)), 2010; Ord. C-8-11 § 2(A), 2011; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.06.050 Exceptions to development standards.
A.
Exceptions to Height Standard.
1.
Chimneys. Chimneys may only exceed the maximum height limit of each residential district to the extent required by the California Building Code.
2.
Architectural Features. Towers, spires, cupolas, elevator penthouses or similar architectural features, and mechanical appurtenances shall conform to the maximum height limit of each residential district.
3.
Exceptions. In addition to the findings for a variance as set forth in this title, the planning commission may approve an exception to allow a structure to exceed the maximum building height set forth for each residential district in Tables B and C of this chapter. Review of the application by the planning commission shall include an evaluation of the proposed bulk of the structure including both horizontal and vertical dimensions, the location of the structure on the lot, and the treatment of all setback and open areas, and light planes. The planning commission may consider the recommendation of any city council appointed advisory committee or commission. The following additional findings of approval shall be made:
a.
Increased Building Height. That the increased building height will result in more public visual open space and views than if the building(s) were in compliance with the maximum building height standard for the residential district;
b.
More Desirable Result. That the increased building height will result in a more desirable architectural treatment of the building(s) and a stronger and more appealing visual character of the area than if the maximum building height standard were complied with;
c.
No Undesirable Results. That the increased building height will not result in undesirable or abrupt scale relationships being created between the structures and existing developments in the district;
d.
No More Floor Area. That the structures shall have no more floor area than could have been achieved without the exception.
B.
Exceptions to Maximum Floor Area Ratio Standard. In addition to the findings for a variance as set forth in this title, the planning commission may approve an exception to the floor area ratio standards subject to the following additional findings in each case:
1.
Predominant Pattern Retained. The visual scale and bulk of the proposed structure is consistent with the predominant pattern established by the existing structures in the surrounding neighborhood;
2.
Site Compatible. The proposed structure is compatible with the physical characteristics of the site;
3.
Views Not Impacted. The additional square footage of the proposed structure will not impact public or private views across the site;
4.
Solar Access Protected. The additional floor area shall not impact solar access for adjacent structures.
C.
Exceptions to Lot Coverage Standard. The area of walks, patios, in-ground swimming pools or pools that do not project more than thirty inches above the ground, uncovered decks thirty inches or less above the ground, and eaves projecting thirty inches or less from the exterior surface of a building wall shall not be included in lot coverage calculations.
D.
Exceptions to Setback Standards.
1.
Detached Accessory Structures.
a.
Detached accessory structures not exceeding two hundred fifty square feet in floor area and not exceeding eight feet in overall height may be located within the required rear yard setback of a site but shall be no closer than five feet to the rear property line or five feet to the side property line.
b.
Detached accessory structures exceeding two hundred fifty square feet in floor area and exceeding twelve feet in overall height may be located within the required rear yard setback of a site but shall be no closer than ten feet to the rear property line or five feet to the side property line; provided, that it does not encroach into the maximum building envelope.
c.
Detached accessory structures shall conform to all applicable requirements of the California Building Code.
2.
Attached Structures and Features. The aggregate length of all bay windows, balconies, canopies, chimneys, covered porches and decorative features attached to a structure may project into a required yard or setback area across no more than twenty percent of the buildable width of the lot along a rear building wall, and twenty percent of the buildable length of a street-side building wall. The area defined by the permitted encroachment and the aggregate permitted length is the maximum projection area.
a.
Enclosed Porches and Solariums. If attached to the first floor of a residence, may extend into the rear yard setback across twenty percent of the lot width, but shall provide a minimum rear yard setback of thirteen feet, and provide the required side yard setbacks set forth in Tables B and C of this chapter. Enclosed porches and solariums shall not exceed a maximum height of nine feet in the required setback area. Solariums, porch and deck covers added on upper floors may not encroach into required rear and side setbacks. The area covered by enclosed accessory structures shall be included in lot coverage calculations.
b.
Balconies. Balconies on the second floor or above may project a maximum of thirty inches into either the required front or rear setback. Balconies or second floor decks encroaching into required front or rear yard setbacks shall have open railings, glass or architectural details with openings to reduce visible bulk; balconies composed solely of solid enclosures are not allowed to project into required yards. That portion of a balcony which projects into a setback area shall not be covered.
3.
Patio Covers. Patio covers of open roof trellis design only, attached to the main structure, may be located in the required rear yards, but must provide a minimum of five feet for a rear yard setback and a side yard setback equal to the required side yard of the underlying zoning district.
4.
Eaves, Cornices, Canopies, Awnings and Mechanical Equipment. These features may project a maximum of thirty inches into the required yards; provided, that a minimum clearance of three feet remains.
5.
Planter Boxes and Other Decorative Features. Decorative features attached to the walls of a structure may encroach a maximum of twelve inches into any required setback area.
6.
Bay Window Encroachment. Bay windows providing floor area (i.e., extending from the finished floor upward) may not encroach into required setbacks, and are included In lot coverage calculations.
7.
Bay Window Calculations. Bay windows having a minimum of eighteen inches of clear space above finished grade that do not provide floor area and do not project beyond the eaves are not included in lot coverage calculations. Bay windows that provide a minimum of eighteen inches of clear space above grade and that do not provide floor area may encroach a maximum of thirty inches into required front and rear yard setbacks, and a maximum of twelve inches into any required side yard setback.
E.
Development Standards for Exceptional, Substandard and Severely Substandard Lots. This section sets forth standards for development on substandard or severely substandard lots, which are defined in the zoning code definitions in Section 18.02.040.
1.
Exceptional lots shall be subject to the R-1 development standards set forth in Table B of this chapter, unless otherwise specified.
2.
Development on substandard or severely substandard lots, other than exceptional lots, shall meet all standards set forth in Tables E and F of this chapter, respectively, unless otherwise specified. Project design review pursuant to Chapter 14.37 is required for all development, including additions and accessory structures but not including any streamlined accessory dwelling unit, as defined in Section 18.33.030, on any substandard or severely substandard lot or building site except as provided in subsection (E)(3) of this section.
3.
Coastal Act Consistency. The exception to development standards for substandard, severely substandard, and exceptional lots set forth in this subsection shall only be applied in full conformity with coastal development permitting requirements pursuant to Sections 30600 and 30610 of the Coastal Act and Title 14 Sections 13250, 13252, and 13253 of the California Code of Regulations and Sections 18.20.025 and 18.20.030.
Table E DEVELOPMENT STANDARDS FOR SUBSTANDARD LOTS | |
|---|---|
Lot coverage | Standard for the zone |
Floor area ratio | Standard for the zone. Basements with floor area of 15% or less of the total calculated FAR, up to a maximum of 225 square feet, may be allowed subject to architectural review. |
Maximum building envelope | Applicable |
Required parking | Two spaces: one garage space with dimensional standards as set forth in this chapter, and one covered space not located in the front yard setback. |
Front setback | Standard for the zone |
Side setback | Standard for the zone |
Rear setback | Standard for the zone |
Street-facing side yard setback | Standard for the zone |
Height | 28 feet for two-story 20 feet for single-story, including single-story and loft1 |
Notes: |
|---|
1 Single-story structures with height above twenty feet are required to follow the procedures for exemption to the height standards set forth in this chapter. |
Table F DEVELOPMENT STANDARDS FOR SEVERELY SUBSTANDARD LOTS | |
|---|---|
Lot coverage | Standard for the zone |
Floor area ratio | Standard for the zone. A maximum of 200 square feet above the maximum calculated floor area ratio is permitted. Basements with floor area of 15% or less of the total calculated FAR, up to a maximum of 225 square feet, may be allowed subject to architectural review. |
Maximum building envelope | Applicable. |
Required parking | Two spaces: one garage space with dimensions as set forth in this chapter. One additional parking space, whether covered or not, and not located within the front yard setback. |
Front setback | Standard for the zone. |
Side setback | A minimum of 8 feet combined, with a minimum of 3 feet on one side. On a side that contains less than a 4-foot setback, the structure must be separated by a minimum of 8 feet from any structure on the adjacent lot. Driveways to the rear garage structure must be a minimum of 10 feet. Rear garages can be a minimum of 3 feet from an interior side or rear property line. |
Eave overhangs | Notwithstanding any other rules set forth in this title, severely substandard lots may have an eave encroachment that extends no more than 18 inches into the side yard. All other yards may have a 30-inch encroachment. |
Rear setback | Standard for the zone. |
Street-facing side yard setback | 10 feet, including garage. |
Height | 28 feet for two-story 20 feet for single-story, including single-story and loft1 |
Notes: |
|---|
1 Single-story structures with height above twenty feet are required to follow the procedures for exception to the height standards set forth in this chapter. |
F.
Exceptions for Affordable Housing. Any of the development standards and regulations of this chapter may be waived or relaxed by the planning commission for an affordable housing project if the resulting development fully conforms with the policies of the certified land use plan and all other applicable provisions of the zoning code outside this chapter.
G.
Exceptions for Senior and Housing for Disabled Persons Projects. Any of the development standards and regulations of this chapter may be waived or relaxed by the planning commission for a single-family, multifamily, or single-room occupancy housing project restricted to occupancy by senior citizens or disabled persons if the resulting development fully conforms with the policies of the certified land use plan and all other applicable provisions of the zoning code outside this chapter.
H.
Exceptions for Large Rental Units. Affordable or market-rate multifamily rental projects that include twenty-five percent or more units with at least three bedrooms shall be eligible for the following exceptions:
1.
A ten percent density bonus, based on the maximum allowed density of the site pursuant to the Zoning Code. The density bonus shall be rounded to the nearest whole number. This density bonus is not in addition to any other density bonus for which the project may be eligible.
3.
If a market-rate project is not eligible for any reductions or waivers in development standards pursuant to subsection G of this section or Chapter 18.42, the project may receive one of the following incentives: (a) a ten percent reduction in front, side, and rear yard setback requirements, (b) a ten percent increase in maximum height, or (c) a four percent increase in maximum site coverage.
I.
Exceptions for Minor Improvements for Disabled Access. Exceptions to the city's development requirements, including standards and regulations of this code, may be waived or relaxed by the community development director for minor improvements to buildings to reasonably accommodate access needs for disabled persons.
1.
Procedure. Exceptions to existing development standards may be granted by the community development director, upon making all of the findings outlined below.
a.
The request for an exception shall be submitted on an application form provided by the planning department and shall include the following information:
i.
A site plan and elevations.
ii.
Basis for the claim that the individual is considered disabled.
iii.
The municipal code provision, zoning ordinance provision, or other regulation or policy from which the exception(s) is requested.
iv.
Additional supporting information as may be required by the community development director to provide sufficient understanding of the request and compliance with development standards.
b.
No public notice or hearing is required.
c.
Exceptions shall be granted subject to the following restrictions:
i.
Improvements shall be restricted to those necessary for enhanced access for disabled persons, including but not limited to, access ramps, widening of hallways, or expansion of bathrooms or closets.
ii.
Exceptions to development regulations shall be limited to any, or all, of the following, over the life of each structure:
aa.
Paved area coverage not greater than two hundred fifty square feet in excess of allowable limits for the site; and/or
bb.
Floor area not greater than one hundred fifty square feet in excess of allowable limits for the site; and/or
cc.
Encroachment into setbacks not greater than ten percent of the allowable setback width; and/or
dd.
Increased maximum building size for a main residence or primary building not to exceed one hundred fifty square feet in excess of the allowable maximum for the site.
2.
Findings. The community development director shall make all of the following findings in order to grant an exception for minor improvements for disabled access:
a.
The proposed exception(s) are necessary to provide for access by a person with a disability as defined by the Federal Fair Housing Act or the California Fair Employment and Housing Act (the Acts).
b.
The house or building will be used by an individual with a disability protected under the Acts.
c.
The exception(s) is necessary to make a specific home or building accessible to an individual with a disability under the Acts.
d.
The requested exception(s) would not impose an undue financial or administrative burden on the city.
e.
The proposed exception(s) will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and city.
f.
The proposed exception(s) will cause no significant negative impacts on the privacy of the applicant or adjacent neighbors.
g.
A request for reasonable accommodation under this section may be approved if it is consistent with the certified local coastal program or it may be approved and the city may waive compliance with an otherwise applicable provision of the local coastal program if the city finds both of the following: (i) the requested reasonable accommodation is consistent, to the maximum extent feasible, with the certified local coastal program; and (ii) there are no feasible alternative means for providing an accommodation at the property that would provide greater consistency with the certified local coastal program.
h.
The request for reasonable accommodation(s) would not require a fundamental alteration in the nature of the city's land use and zoning and building regulations, policies, practices and procedures, and the city's local coastal program.
(Ord. 5-00 § 2(Exh. B)(part), 2000; Ord. O-4-04 § 1 Exh. A, 2004; Ord. O-5-04 § 1 Exh. A, 2004; Ord. O-6-04 § 2 Exh. A (part), 2004; Ord. O-2-06 § 2, 2006; Ord. C-15-10 § 1(Exh. A)(part), 2010; Ord. C-8-11 § 2(B), (C), 2011; Ord. C-2014-10 § 4(B), 2014; Ord. C-2015-04 § 1(part), 2015; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2022-04 § 2(Att. A), 2022)
§ 18.06.060 Manufactured homes.
A.
Intent. It is the intent of the city to provide opportunities for the placement of manufactured homes in single-family residential districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.
B.
Approval. Approval by the community development director is required prior to the issuance of building permits for individual manufactured homes on a site in any R-1 district, subject to the provisions of this section. The community development director shall review each proposed manufactured home to determine compatibility in design and appearance with residential structures in the vicinity, based upon design and development criteria set forth in this section.
C.
Location. Manufactured homes may be located in any residential district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations. Manufactured homes may be located on building sites with an average slope of less than or equal to ten percent.
D.
Design and Development. The design and development criteria set forth in this section is intended to protect neighborhood integrity, provide for harmonious relationships between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on building sites designated for single-family residential uses. Each manufactured home:
1.
Width. Shall be at least eighteen feet wide, as measured at its narrowest point;
2.
Foundation. Shall be built on a permanent foundation approved by the building official;
3.
Recent Manufacture. Shall have been manufactured after June 15, 1976, and shall be certified under the National Manufactured Home Construction and Safety Act of 1974, and shall be installed in accordance with the provisions of the most recent edition of the Uniform Building Code adopted by the city;
4.
Skirting. Shall provide skirting of exterior finish materials extending to the finished grade;
5.
Siding. Shall provide exterior siding material compatible with adjacent residential structures; shiny or metallic finishes are prohibited;
6.
Roof Pitch. Shall have a roof with a pitch of not fewer than three inches vertical rise per twelve inches horizontal distance;
7.
Roof Material. Shall have roofing material of concrete or asphalt tile, shakes, or shingles complying with the most recent editions of the Uniform Building Code adopted by the city;
8.
Roof Eaves or Overhang. Shall provide eaves or roof overhangs of not less than one foot as measured from the vertical side of the unit;
9.
Floor Elevation. Shall maintain a finished floor elevation no higher than twenty inches above the exterior finished grade; and
10.
Covered Parking. Shall maintain required covered parking in accordance with the provisions of this chapter. The exterior materials and roofing proposed for any garage shall be the same as those materials used on the main structure.
E.
Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of such manufactured home with the state of California shall be canceled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the building official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be canceled; if the manufactured home is new and has never been registered with the state, the owner shall provide the building official with a statement to that effect from the dealer selling the home.
(Ord. 5-00 § 2(Exh. B)(part), 2000; Ord. C-2015-04 § 1(part), 2015; Ord. C-2019-03 § 2(Exh. A)(part), 2019)
§ 18.06.070 Nonconforming structures.
Any existing residential structure legally constructed in accordance with the zoning code prior to the effective date of the ordinance codified in this title that is damaged by catastrophe such as fire, flood, explosion, wind, earthquake, war, riot or other calamity may be replaced, restored, rebuilt or repaired and used as before such event occurred provided that all of the following conditions are satisfied:
A.
No Increased Nonconformance. That any nonconforming lot coverage, height, floor area ratio or setback encroachments of the structure will not be increased beyond that in existence prior to the damage occurring unless a variance is approved subject to the provisions of this title;
B.
Building Permit Requirement. That an application for a building permit to replace or repair a damaged or destroyed building shall be filed within twenty-four months after the event;
C.
Building Code Compliance. That all applicable provisions of the Uniform Building Code adopted by the city at the time building permits are requested for the repair or reconstruction shall be incorporated into the plans.
(Ord. 5-00 § 2 Exh. B (part), 2000)
§ 18.06.080 Permits and plan review.
A.
Building permit requirement. Building permits are required for any new construction, remodeling or additions, except for fences which do not exceed seven feet in height, and decks less than eighteen inches in height.
B.
Variance Requirement. A variance shall be required for any project in any residential district which does not meet the development standards and additional regulations set forth in this chapter, or for projects which include proposals to extend existing nonconforming conditions on the site.
C.
Architectural and Site Plan Review. The provisions of this title addressing architectural and site plan review shall be followed prior to the issuance of any building permits for which design review is required.
(Ord. 5-00 § 2 Exh. B (part), 2000)
§ 18.07.010 Purpose.
The purpose of establishing these commercial-downtown and commercial-residential districts and adopting development standards and use regulations is to:
A.
Guide the orderly development of lands designated on the land use plan map for general commercial uses;
B.
Implement the policies of the downtown historic district specific plan encouraging a range of uses to serve the local residents and visitors to the area;
C.
Provide appropriately located areas consistent with the policies for the Half Moon Bay downtown specific plan, the land use plan, and the general plan for a full range of office, retail commercial, service commercial, and visitor serving uses needed by residents of the city, and visitors to the historic downtown area;
D.
Strengthen and expand the city's economic base, by providing for visitor serving needs while protecting the small businesses that currently serve city residents in the historic downtown area on a daily basis;
E.
Minimize the impact of commercial development on adjoining residential areas by providing a transition area of lower intensity commercial uses;
F.
Encourage new commercial, mixed-use, and residential development and adaptive reuse of existing historic buildings and sites compatible with surrounding development and consistent with site limitations;
G.
Maintain the existing character of the historic downtown area and discourage the development of new incompatible commercial structures and uses;
H.
Ensure the provision of adequate on-site parking, loading and circulation while maintaining the economic vitality of the area;
I.
Ensure that the size, scale, character and design of any new buildings are consistent with other structures in the immediate vicinity;
J.
Allow public and semipublic uses in commercial areas that are compatible with or supportive of commercial development;
K.
Provide for the continued economic use of historic buildings and sites so as to ensure their restoration and preservation.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.015 C-D and C-R zoning districts established.
The intent of this chapter is to establish the following commercial districts and to guide the orderly development within each district as follows:
A.
C-D District, Commercial-Downtown. The intent of establishing this zoning district is to implement the provisions of the downtown specific plan calling for the establishment of development standards and a range of uses that would maintain and be consistent with the historic patterns and pedestrian scale of development within the historic downtown area. Of special importance is the visual quality of the historic downtown area.
1.
This district is intended to function as a mixed-use neighborhood comprised of residential, mixed-use and commercial development providing for visitor serving commercial uses such as restaurants and art galleries, certain public uses, and other retail and service commercial uses and professional offices that serve the local residents on a daily basis.
2.
This district is intended to reinforce the visitor-serving, pedestrian-oriented environment of downtown, especially where the heritage downtown development form remains intact on the Heritage Main Street blocks between Pilarcitos Creek and Correas Street.
B.
C-R District, Commercial-Residential. The intent of establishing this zoning district is to provide a transition zone between the active commercial districts and single-family residential areas. In this transition zone between residential neighborhoods and the more intensive commercial areas, development is limited to residential uses, low-intensity professional offices, and semipublic uses.
1.
It is intended that commercial and professional uses be limited to those with low noise levels, minimal vehicular traffic from patrons, deliveries or pick-ups, and hours of operation that would not adversely impact residents.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.020 Permitted uses.
Tables in this section establish the uses permitted in the commercial-downtown and commercial-residential districts.
A.
The uses listed in Tables 18.07.020A through 18.07.020E are numbered and categorized into types of uses. Definitions of each type of use are located within this title in Chapter 18.03, Use Classifications. Uses that are not listed are prohibited within the commercial-downtown and commercial-residential districts.
B.
Use classifications followed by the term "OK" are permitted, whereas use classification followed by the term "UP" require approval of a use permit. A use classification followed by the term "NO" means that the use is not permitted. The term "CDD" means that some or all uses in the use classification require a determination by the community development director that they meet the definition of "active ground-floor dependent use" in Section 18.02.040 or that they are ancillary to a permitted use where required by Section 18.07.025. In the event the community development director determines that a proposed use is not permitted, an applicant may appeal the determination to the planning commission. The term "UPCC" means that some or all uses in the use classification are permitted in most cases, but that approval of a use permit is required in certain cases.
C.
Further description of the circumstances related to the "CDD" and "UPCC" listings in the tables in this section and other specific regulations for certain uses listed can be found in Section 18.07.025. The letters and numbers in Section 18.07.025 correspond to the use categories and specific uses listed in Tables 18.07.020A through 18.07.020E.
Table 18.07.020A COMMERCIAL USES |
|---|
C-D Commercial-downtown zoning district |
C-R Commercial-residential zoning district |
C-D (Heritage Main Street) commercial-downtown zoning district–Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use | |
Key | Commercial Uses | C-D Zoning | C-R Zoning | C-D Heritage Main Street |
|---|---|---|---|---|
A-1 | Adult Business | NO | NO | NO |
A-2 | Ambulance Service | UPCC | NO | NO |
A-3 | Animal Sales or Service: | |||
a | • Boarding | UPCC | NO | NO |
b | • Grooming | OK | NO | CDD |
c | • Medical Care | OK | NO | NO |
d | • Retail Sales | OK | NO | CDD |
A-4 | Art Gallery | OK | UP | OK |
A-5 | Artist's Studio | OK | UPCC | CDD |
A-6 | Banking: | |||
a | • Full Service | OK | NO | NO |
b | • ATM Only | OK | NO | OK |
c | • Drive-Up Teller | OK | NO | NO |
A-7 | Building Materials Sales or Service | OK | NO | NO |
A-8 | Catering | OK | NO | CDD |
A-9 | Circus, Carnival or Exhibition | OK | NO | OK |
A-10 | Commercial Filming | OK | OK | OK |
A-11 | Commercial Recreation or Entertainment: | |||
a | • Indoor | UPCC | NO | UP |
b | • Outdoor | UPCC | NO | UP |
A-12 | Communication Facility | OK | NO | NO |
A-13 | Eating or Drinking Establishment: | |||
a | • Cafe, Diner or Restaurant | OK | NO | OK |
b | • Fast Food or Takeout | OK | NO | OK |
c | • Drive-Through Fast Food | NO | NO | NO |
d | • Bar or Tavern | UP | NO | UP |
A-14 | Equestrian Center | NO | NO | NO |
A-15 | Food or Beverage Sales | OK | NO | OK |
A-16 | Funeral or Interment Service | OK | NO | NO |
A-17 | Gardening Service | OK | NO | NO |
A-18 | Laboratory | OK | NO | NO |
A-19 | Maintenance or Repair Service | OK | NO | CDD |
A-20 | Nursery, Plant | OK | NO | CDD |
A-21 | Office: | |||
a | • Business or Professional | OK | OK | UPCC |
b | • Health Service | OK | OK | CDD/UPCC |
c | • Travel Agency | OK | NO | UPCC |
A-22 | Personal Improvement Service | OK | UP | CDD/UPCC |
A-23 | Personal Service | OK | NO | CDD/UPCC |
A-24 | Printing or Publication Facility | OK | NO | CDD/UPCC |
A-25 | Real Estate Office | OK | NO | UPCC |
A-26 | Research and Development | UPCC | NO | NO |
A-27 | Retail Sales: | |||
a | • Indoor Retail | OK | UP | OK |
b | • Outdoor Retail | OK | NO | OK |
c | • Visitor-Serving Retail | OK | NO | OK |
A-28 | Seasonal Agricultural Sales | OK | NO | CDD |
A-29 | Secondhand Sales, Pawn Shop | OK | NO | OK |
A-30 | Vehicle/Equipment Sales or Service | |||
a | • Automobile Rental | OK | NO | NO |
b | • Automobile Washing | UP | NO | NO |
c | • Service Station | OK | NO | NO |
d | • Vehicle or Equipment Repair | UP | NO | NO |
e | • Vehicle or Equipment Sales or Rental | OK | NO | NO |
f | • Vehicle Storage | NO | NO | NO |
A-31 | Visitor Accommodation: | |||
a | • Bed and Breakfast Inn | OK | UP | NO |
b | • Campground or RV Park | NO | NO | NO |
c | • Hotel, Motel or Time Share | OK | NO | NO |
d | • Spa Resort | OK | NO | NO |
A-32 | Warehouse or Storage | OK | NO | NO |
Table 18.07.020B INDUSTRIAL USES |
|---|
C-D Commercial-downtown zoning district |
C-R Commercial-residential zoning district |
C-D (Heritage Main Street) commercial-downtown zoning district–Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use | |
Key | Industrial Uses | C-D Zoning | C-R Zoning | C-D Heritage Main Street |
|---|---|---|---|---|
B-1 | Custom Industry | UPCC | NO | UPCC |
B-2 | General Industry | NO | NO | NO |
B-3 | Limited Industry | NO | NO | NO |
B-4 | Wholesaling, Distribution or Storage | UP | NO | NO |
Table 18.07.020C PUBLIC AND QUASI-PUBLIC USES |
|---|
C-D Commercial-downtown zoning district |
C-R Commercial-residential zoning district |
C-D (Heritage Main Street) commercial-downtown zoning district–Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use | |
Key | Public and Quasi-Public Uses | C-D Zoning | C-R Zoning | C-D Heritage Main Street |
|---|---|---|---|---|
C-1 | Club or Lodge | OK | UP | NO |
C-2 | Convalescent Facility | UP | UP | NO |
C-3 | Cultural Institution | OK | UP | CDD |
C-4 | Day Care, General | UP | UP | NO |
C-5 | Government Office | OK | OK | UP |
C-6 | Health Care: | |||
a | • Hospital or Clinic | UP | UP | NO |
b | • Emergency Health Care | UP | UP | NO |
C-7 | Park or Recreation Facility | OK | OK | CDD |
C-8 | Public Safety Facility | OK | OK | UP |
C-9 | Religious Assembly | UP | UP | UP |
C-10 | Residential Care, General | UP | UP | NO |
C-11 | School, Public or Private | UP | UP | NO |
C-12 | Utility: | |||
a | • Major | NO | NO | NO |
b | • Minor | OK | OK | OK |
Table 18.07.020D RESIDENTIAL USES |
|---|
C-D Commercial-downtown zoning district |
C-R Commercial-residential zoning district |
C-D (Heritage Main Street) commercial-downtown zoning district–Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use | |
Key | Residential Uses | C-D Zoning | C-R Zoning | C-D Heritage Main Street |
|---|---|---|---|---|
D-1 | Group Residential | UP | UP | NO |
D-2 | Large Family Day Care | OK | OK | NO |
D-3 | Small Family Day Care | OK | OK | NO |
D-4 | Limited Residential Care | UP | UP | NO |
D-5 | Multifamily Residential | OK | OK | NO |
D-6 | Single-Family Residential | OK | OK | NO |
Table 18.07.020E ACCESSORY USES |
|---|
C-D Commercial-downtown zoning district |
C-R Commercial-residential zoning district |
C-D (Heritage Main Street) commercial-downtown zoning district–Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use | |
Key | Accessory Uses | C-D Zoning | C-R Zoning | C-D Heritage Main Street |
|---|---|---|---|---|
E-1 | Accessory Use or Structure | OK | OK | CDD |
E-2 | Accessory Dwelling Unit | OK | OK | OK |
E-3 | Mixed Commercial and Residential | OK | OK | OK |
E-4 | Home Occupation | OK | OK | NO |
E-5 | Short-Term Vacation Rental | OK | OK | NO |
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2016-03 § 5(part), 2016; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2020-02 § 2(Att. A)(part), 2020; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.07.025 Use regulations.
The following use categories and any additional regulations associated with an identified use are to be taken together with the permit requirements listed for each use classification in Tables 18.07.020A through 18.07.020E. These regulations shall apply to both permitted uses and for uses which are only allowed upon approval of a use permit by the planning commission. Regulations specifically applicable to the ground floor of Main Street between Pilarcitos Creek and Correas Street (Heritage Main Street) are identified when they are distinct from the additional regulations for the commercial-downtown district generally and are further described in subsection F of this section.
A.
Commercial Uses.
A-1 Adult Business. No additional regulations specified.
A-2 Ambulance Service. A use permit is required only where a proposed ambulance service would be located within one thousand feet of an R district or fifty feet of a site occupied by a public or private school or a park or recreation facility.
A-3 Animal Sales or Service. No additional regulations specified.
A-3 a. Boarding. A use permit is required when a proposed boarding facility would be located within two hundred feet of a residential district to ensure that potential noise impacts are adequately addressed.
A-3 b. Grooming. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a permitted use on Heritage Main Street; otherwise no additional regulations specified.
A-3 c. Medical Care. No additional regulations specified.
A-3 d. Retail Sales. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a permitted use on Heritage Main Street; otherwise the sale of domestic animals is allowed as an incidental use to any permitted use in the C-D district.
A-4 Art Gallery. No additional regulations specified.
A-5 Artist's Studio. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a retail use or art gallery; otherwise studios where the artist works, displays and sells artwork are permitted. A use permit is required in the C-R district only when the artist also lives on the premises and/or maintains an active sales operation.
A-6 Banking. No additional regulations specified.
A-6 a. Full Service. No additional regulations specified.
A-6 b. ATM Only. No additional regulations specified.
A-6 c. Drive-Up Teller. No additional regulations specified.
A-7 Building Materials Sales or Service. Activities shall be conducted and materials shall be stored within a building or shall be enclosed by a fence, wall or permanent planting at least six feet in height. Milling or planing of lumber or other wood products is prohibited unless incidental to a retail use or contractor's yard.
A-8 Catering. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to an eating or drinking establishment. Catering businesses may be permitted in conjunction with a residential use subject to approval by the San Mateo County environmental health department.
A-9 Circus, Carnival or Exhibition. Such uses, including street fairs and markets on city streets, are permitted upon approval of special events permit. The event may be in one location no longer than two weekend days over two consecutive weekends, unless otherwise permitted by the city council in conjunction with the special events permit. Signs advertising the event shall be approved by the city council in conjunction with the approval of the special events permit.
A-10 Commercial Filming. Use permitted upon securing all necessary permits and licenses required by the municipal code.
A-11 Commercial Recreation or Entertainment. No additional regulations specified.
A-11 a. Indoor. Small-scale billiards/pool halls and movie theaters are permitted in the C-D district by use permit only. Electronic game centers shall not be located within three hundred feet of a school site or the boundary of a residential district, or within five hundred feet of a liquor store, cocktail lounge or bar. At least one adult manager shall be on the premises during the time a game center is open to the public. No game center owner, manager or employee shall allow a minor under eighteen years of age to play game machines during the hours the public schools are open, or after nine p.m. on nights preceding school days. The planning commission may impose restrictions on the design, location and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the community. Bowling alleys, indoor skating rinks and tennis courts and the like are not permitted in the C-D and C-R districts.
A-11 b. Outdoor. Small-scale outdoor commercial recreation uses and activities such as bocce courts and seasonal events such as live music may be permitted. Golf courses and driving ranges, outdoor skating rinks and skateboard parks and tennis courts are not permitted in the C-D and C-R districts. A use permit shall be required for any extensive outdoor uses not listed.
A-12 Communication Facility. No additional regulations specified.
A-13 Eating or Drinking Establishment. No additional regulations specified.
A-13 a. Cafe, Diner or Restaurant. No additional regulations specified.
A-13 b. Fast Food or Takeout. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.
A-13 c. Drive-Through Fast Food. No additional regulations specified.
A-13 d. Bar or Tavern. No additional regulations specified.
A-14 Equestrian Center. No additional regulations specified.
A-15 Food or Beverage Sales. No additional regulations specified.
A-16 Funeral or Interment Service. No additional regulations specified.
A-17 Gardening Service. No additional regulations specified.
A-18 Laboratory. No additional regulations specified.
A-19 Maintenance or Repair Service. For uses in the first fifty feet of frontage depth on the ground floor or Heritage Main Street, the use must meet the definition of an active ground-floor dependent use, such as shoe repair, appliance services, or a maintenance and repair use ancillary to a permitted use on Heritage Main Street; otherwise, no additional regulations specified.
A-20 Nursery, Plant. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use; otherwise, outdoor storage and display are limited to plants and garden features such as statues, fountains and benches. All merchandise must be kept in an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
A-21 Office. No additional regulations specified.
A-21 a. Business or Professional. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, business or professional offices are prohibited, except pursuant to subsection F of this section. In the remainder of the C-D district, business and professional offices are encouraged on the upper floors of multiple story structures; however, this does not preclude the establishment of business and professional offices on the ground floor in locations other than Heritage Main Street between Pilarcitos Creek and Correas Street. In the C-R district, business and professional offices shall be limited to small-scale, low-intensity uses.
A-21 b. Health Service. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use such as an optometric dispensary or sales of medical equipment for personal use; otherwise, health service uses are prohibited, except pursuant to subsection F of this section. In the C-R district, health services offices shall be limited to small-scale, low-intensity uses.
A-21 c. Travel Agency. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, travel agencies are prohibited, except pursuant to subsection F of this section, no additional regulations specified.
A-22 Personal Improvement Service. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use; otherwise, professional improvement service uses are prohibited, except pursuant to subsection F of this section.
A-23 Personal Service. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use; otherwise, personal service uses are prohibited, except pursuant to subsection F of this section.
A-24 Printing or Publication Facility. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use such as for retail and/or self-service printing and publication; otherwise, printing and publication facility uses are prohibited, except pursuant to subsection F of this section, no additional regulations specified.
A-25 Real Estate Sales Office. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, real estate offices are prohibited, except pursuant to subsection F of this section, no additional regulations specified.
A-26 Research and Development. A combination of office space and up to two thousand additional square feet of space for laboratories, small-scale fabrication, assembly, and testing, all fully enclosed inside a building, may be permitted. Any storage of hazardous materials or equipment noise or vibration shall be compatible with the C-D district; all other aspects of the use must be consistent with the laboratories use classification.
A-27 Retail Sales. No additional regulations specified.
A-27 a. Indoor Retail. Display of products usually sold inside a building on a commercial site may be permitted outside the building on a temporary or occasional basis, subject to approval by the community development director. Retail sales within the C-R district may only be permitted by use permit if ancillary to a permitted use.
A-27 b. Outdoor Retail. Outdoor display of merchandise on a temporary basis shall be subject to approval by the community development director. Permanent outdoor sales operations, such as sidewalk cafes, flower and produce stands, hot dog carts, coffee/pastry stands, T-shirts, outdoor furniture gardens, are permitted on an ongoing basis only if not located on state right-of-way, and only after (1) receiving a determination by the planning commission that the proposed use and operational characteristics are consistent with the underlying zoning designation and development standards, (2) securing approval of a business license in accordance with the provisions of the municipal code, and (3) securing an encroachment permit and/or license agreement with the city if the display area is located on city property or located within a city right-of-way.
A-27 c. Visitor-Serving Retail. No additional regulations specified.
A-28 Seasonal Agricultural Sales. Fruit, vegetable and Christmas tree sales are permitted for a period of forty-five days, and shall be subject to the requirements of the municipal code. The community development director shall impose reasonable conditions upon the establishment to ensure adequate parking, safe and convenient traffic circulation, and that minimum health and safety standards are met. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a permitted use on Heritage Main Street.
A-29 Second Hand Sales, Pawn Shop. No additional regulations specified.
A-30 Vehicle or Equipment Sales and Service. No additional regulations specified.
A-30 a. Automobile Rental. No additional regulations specified.
A-30 b. Automobile Washing. No additional regulations specified.
A-30 c. Service Station. All auto, truck and equipment repair and service facilities shall be appropriately landscaped and maintained. Inoperative vehicle storage on the premises is prohibited. Operative vehicles and/or equipment stored on the premises shall be screened from public view. Display racks for automobile products no more than four feet wide may be maintained at each pump island of a service station, or within three feet of the main building, and shall be limited to one per street frontage.
A-30 d. Vehicle or Equipment Repair. Repair shops such as auto body and painting, fender work, upholstery and detailing, and major auto repairs shall be appropriately landscaped and maintained. Conditions of approval of a use permit may require buffering, screening, planting areas or limits on the hours of operation to avoid adverse impacts on properties in the surrounding area. Inoperative vehicle storage on the premises is prohibited, and operative vehicles and/or equipment stored on the premises shall be screened from public view.
A-30 e. Vehicle or Equipment Sales or Rental. No additional regulations specified.
A-30 f. Vehicle Storage. All vehicle storage facilities shall be enclosed by a six-foot-high fence and all vehicles shall be screened from view.
A-31 Visitor Accommodation. No additional regulations specified.
A-31 a. Bed and Breakfast Inn. In the C-R district, a maximum of five guest rooms on any one site may be permitted upon approval of a use permit in each case.
A-31 b. Campground or RV Park. Landscaping at recreational vehicle parks shall be fully matured within five years of development to assure full screening from public roads, vista points, public recreation areas and residential areas.
A-31 c. Hotel, Motel or Time Share. Within the C-D district, hotel, motel, time shares, and bed and breakfast inns are permitted only if the number of bedrooms does not exceed thirty-six per net acre of the building site area. Living rooms in suites shall be considered bedrooms for purposes of this calculation.
A-32 Warehouse or Storage. Only warehousing/storage area having two thousand five hundred square feet or less that is incidental to a commercial use is permitted within an enclosed building. Mini-storage or self-storage facilities may be permitted in the C-D district only by approval of a use permit and shall be subject to architectural, landscape and site plan review.
B.
Industrial Uses.
B-1 Custom Industry. Small-scale custom industries such as ceramic studios, candle-making shops and artisan or custom manufacturing with hand or small-scale mechanized equipment are permitted in the C-D district. Such uses may also sell goods produced on site directly to customers. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use.
B-2 General Industry. No additional regulations specified.
B-3 Limited Industry. No additional regulations specified.
B-4 Wholesaling, Distribution or Storage. No additional regulations specified.
C.
Public and Quasi-Public.
C-1 Club or Lodge. No additional regulations specified.
C-2 Convalescent Facility. City, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.
C-3 Cultural Institution. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be consistent with definition of an active ground-floor dependent use; otherwise, no additional regulations specified.
C-4 Day Care, General. All required city, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.
C-5 Government Office. No additional regulations specified.
C-6 Health Care. No additional regulations specified.
C-6 a. Hospital or Clinic. No additional regulations specified.
C-6 b. Emergency Health Care. No additional regulations specified.
C-7 Park or Recreation Facility. On private property fronting Heritage Main Street, areas that are not developed with buildings fronting the Main street sidewalk must be established as plazas, outside dining areas, or other uses consistent with the definition of an active ground-floor dependent use; otherwise, no additional regulations specified.
C-8 Public Safety Facility. No additional regulations specified.
C-9 Religious Assembly. No additional regulations specified.
C-10 Residential Care, General. No additional regulations specified.
C-11 School, Public or Private. No additional regulations specified.
C-12 Utility. No additional regulations specified.
C-12 a. Major. All public utility substations shall be enclosed by a solid fence or wall a minimum of six feet in height. The planning commission may approve alternative screening such as a hedge or other plant materials, where appropriate to the design and location in relationship to other properties.
C-12 b. Minor. No additional regulations specified.
D.
Residential Uses.
D-1 Group Residential. No additional regulations specified.
D-2 Large Family Day Care. No additional regulations specified.
D-3 Limited Day Care. No additional regulations specified.
D-4 Limited Residential Care. No additional regulations specified.
D-5 Multifamily Residential. Except for in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, new multifamily development, including duplexes, triplexes, apartments and condominiums, are permitted uses; as are conversions of existing development from nonresidential to residential use. For new residential development subject to a discretionary permit, the community development director or planning commission may consider the recommendation of any city council appointed advisory committee or commission.
D-6 Single-Family Residential. No additional regulations specified.
E.
Accessory Uses.
E-1 Accessory Use or Structure. Accessory uses and structures are permitted when they are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. Accessory uses to a residential use would include home occupations and garage sales. Accessory uses for retail or office uses would include storage incidental to a permitted use. Accessory structures such as garages or storage and maintenance sheds are permitted. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, accessory uses or structures shall be ancillary to a permitted use on Heritage Main Street.
E-2 Accessory Dwelling Unit. No additional regulations specified.
E-3 Mixed Commercial and Residential. No additional regulations specified.
E-4 Home Occupation. Home occupations are allowed subject to the requirements of Section 18.06.025(F).
E-5 Short-Term Vacation Rentals. Short-term vacation rentals are allowed subject to the requirements of Section 18.06.025(G).
F.
Heritage Main Street. Uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street must be consistent with the definition of active ground-floor dependent uses, as specified in Tables 18.07.020A through 18.07.020E. The following exceptions apply:
1.
The fifty-foot frontage depth may be reduced to as short as twenty feet, upon issuance of a use permit. Prior to issuing the use permit, the planning commission shall make all of the following additional findings: (a) the proposed use does not require a fifty-foot depth to establish an active ground-floor dependent use; (b) the proposed uses will not cause irreversible modification to the building; and (c) shall further find that the reduction in depth will maintain ground-floor use activity between the business frontage and Main Street, the business frontage on any side street in the case of corner properties, and the business frontage onto exterior courtyards and yards fronting on Main Street.
2.
For single-family dwellings on Heritage Main Street in existence as of January 1, 2020, the use restrictions for the C-D district, and not for C-D Heritage Main Street, shall apply.
3.
Business or professional offices, health services, travel agencies, printing or publication facilities, and real estate offices are permitted in the first fifty feet of frontage depth on the ground floor of Heritage Main Street upon issuance of a use permit. Prior to issuing the use permit, the planning commission shall make all of the following additional findings: (a) the use is proposed for a building space that has been vacant for six or more months during which the applicant demonstrates there has been active marketing of the space for sale or lease for permitted or conditionally permitted uses at an appropriate price; and (b) the proposed use meets the definition of walk-in clientele use. The use permit shall expire after one year and the use shall cease. A one-year extension may be granted by the community development director if the use continues to meet the definition of walk-in clientele use.
4.
This requirement does not preclude other uses that are permitted or conditionally permitted in the C-D district from occupying other portions of the ground floor or upper floors of a building with an active ground-floor dependent use(s). Access to such spaces may be located on Main Street; provided, that it is subordinate to the active ground-floor dependent use(s).
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.07.030 General development standards.
A.
Residential Development. Separate dwelling units shall be subject to the standards for minimum setbacks, height limits, floor area ratios, lot coverage, landscaping, fences and useable open space as specified in this title for the proposed dwelling. Single-family residences shall meet all of the development standards for the R-1 district; two-family residences shall meet the requirements for the R-2 district; and structures with three or more units shall meet the R-3 district standards. For mixed use projects, residential development standards may be modified by the planning commission as a part of any discretionary review.
B.
Minimum Site Area and Width. The standards for minimum site area and width are established for each commercial district in this chapter. Existing legal parcels created before the effective date of this chapter are not subject to these minimum area and width requirements. Only new subdivisions of existing parcels shall be subject to the minimum site and area requirements.
C.
Exterior Noise Limit. Sound levels measured at the property line of the lot where the lot borders an R, OS, UR or OSR district, may not exceed the following levels:
MAXIMUM NOISE LEVEL | |||
|---|---|---|---|
Time of Day | More than 30 minutes/hour | More than 5 minutes/hour | At any time |
7 a.m. to 10 p.m. | 60 dBA | 70 dBA | 80 dBA |
10 p.m. to 7 a.m. | 55 dBA | 65 dBA | 75 dBA |
D.
Off-Street Parking Plans. A parking plan which meets the off-street parking requirements contained in this title shall be submitted with each project for new development or addition of floor area, or whenever plans are submitted for a use conversion which will result in an intensification of use. The plan will be reviewed for conformance with standards for parking spaces and aisles, location, units of measurement, and other standards as may be applicable.
E.
Landscaping. A landscaping plan is required for all new construction or extensive remodel projects, and shall be in conformance with design criteria contained in this title and with the city's current water-efficient landscaping program.
1.
All planting areas, plant materials, and irrigation shall conform with the guidelines in the city's current water efficient landscaping program.
2.
No landscaping may impede, block, obstruct, or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road without an encroachment permit. Trees and shrubs shall be maintained in such a manner as to provide adequate, clear sight distance for traffic safety on public or private sidewalks, streets, roads or rights-of-way.
3.
Parking lots shall have perimeter landscaping areas and interior landscaping areas distributed throughout the parking lot. The landscaped areas shall have a minimum width of two feet, separated from the parking lot paving by a six-inch curb. A minimum of one tree for every six parking spaces shall be distributed throughout the parking lot.
F.
Signs. Each project shall comply with the sign regulations contained in Titles 15 and 18. Monument signs are strongly discouraged, and pedestrian-scaled and oriented signage is encouraged. All new signs shall be reviewed and approved by the community development director or planning commission when deemed appropriate prior to installation.
G.
Fences. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, from the base to the top of the fence, wall or hedge above that grade. The following specific criteria shall apply:
1.
Along rear or side property lines, a maximum fence height of eight feet is permitted.
2.
Where the side or rear property line adjoins a residential property, a fence having a minimum height of six feet shall be installed along that property line, unless one exists.
3.
A solid wall or fence within fifteen feet of a street property line shall not exceed three feet in height. The community development director may approve an increased fence height to four feet if the fence materials have openings comprising at least fifty percent. In no case may a fence in this area exceed four feet in height.
a.
A lower fence height limit may be imposed by the community development director if it is determined that the fence would: (i) obstruct visibility thereby negatively impacting traffic safety, or (ii) obscure an approved sign advertising a business on an adjoining property.
4.
A solid masonry or concrete wall at least six feet in height shall be installed along any property line shared by a nonresidential site and the site of an existing ground-floor residential use, unless there is a ten-foot landscaped buffer area on the commercial site. As part of development approval, a lower fence height limit or alternate materials may be considered by the planning commission or community development director, if it is determined that the standard wall or landscape buffer is unnecessary to protect residential privacy or quiet enjoyment. If a nonresidential building has a zero setback and has no openings along the adjoining property lines, no wall needs to be installed along the length of the building.
H.
Refuse Storage Areas. For all nonresidential and multifamily residential projects, recyclable materials and refuse storage area shall be provided prior to occupancy, either inside a building or within a trash enclosure, as specified in this title.
I.
Residential Storage Areas. For each residential unit in new multifamily or mixed-use development, a minimum of sixty cubic feet of enclosed, lockable storage space shall be provided outside of the unit. The storage space may be within a fully enclosed garage or other parking area; provided, that the storage space is in addition to the parking space(s) required. The storage space is in addition to any secured storage space required for bicycle parking. The storage space may also be located off of a patio, balcony, or deck; provided, that it is in addition to the private open space required, is in an enclosed space, and does not negatively impact building or landscape design.
J.
Accessory Dwelling Units. All accessory dwelling units in these commercial districts must comply with the regulations contained in this title.
K.
Satellite Antennas. All satellite antennas shall meet the standards and regulations contained in this title.
L.
Underground Utilities. All new electrical, telephone and similar distribution lines providing direct service to a commercial site, and any existing services on the site, shall be installed underground within the site unless such installation is deemed to be not feasible by the planning commission.
M.
Screening. All outdoor storage and display areas shall be screened from view by a solid fence or wall, unless otherwise approved by the community development director or planning commission. Mechanical equipment and utility meters shall be screened from view from public rights-of-way. Screening materials may have evenly distributed openings or perforations averaging fifty percent of the surface area, as long as the mechanical equipment is screened so that it is not visible from a street or adjoining lot.
N.
Performance Standards. No activity on a commercial site may produce vibration, dust, odors, heat and humidity, electromagnetic interference which are perceptible without instruments by a reasonable person at the property lines of a site. Mirrors or highly reflective glass shall not cover more than twenty percent of a building surface visible from a street, unless an applicant submits information demonstrating that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. Combustibles, explosives, radioactive materials and hazardous materials shall comply with HMBFPD fire prevention codes, California hazardous materials regulations, and/or any other applicable laws.
O.
Coastal Resource Conservation Standards. The standards and regulations contained in this title for habitat conservation, archaeological resource conservation, coastal access, scenic corridors and community visual resources shall be met for each project.
P.
Architectural and Site and Design Review. The standards and review process contained in this title shall be met for each project.
Q.
Coastal Development Permit. The requirements contained in this title for a coastal development permit shall be met for each project which is subject to those requirements.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.035 C-R zoning district development standards.
Development standards for the C-R commercial-residential zoning district are as follows:
A.
Minimum Lot Size and Width. The minimum lot size shall be five thousand square feet with a minimum width of fifty feet.
B.
Minimum Setbacks. The front yard setback shall be a minimum of twenty feet, the rear and side yard setbacks shall be a minimum of five feet each. Where a parcel borders an R district, a solid six-foot-high wall or fence shall be installed along the adjoining rear and/or side property line.
C.
Maximum Height. The maximum building height permitted shall be twenty-eight feet.
D.
Minimum Landscaping. A total of twenty-five percent of any site used for commercial purposes shall be landscaped.
E.
Lot Coverage. Single-story structures shall not exceed fifty percent coverage of the site, and multi-story structures shall not exceed thirty-five percent coverage of the site.
F.
Floor Area Ratio. The maximum floor area ratio for exclusive residential uses is fifty percent.
G.
Parking. Parking for single-family, duplexes, and triplexes shall comply with the standards of Chapter 18.36. For mixed-use and multifamily residential projects, two parking spaces shall be provided for each new dwelling unit and at least one of the required parking spaces per unit shall be a garage space. For projects with three or more residential units, one guest parking space shall be provided for each four units with a minimum of one space. Parking provisions for the nonresidential portion of mixed-use projects shall comply with Chapter 18.36.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.040 C-D zoning district development standards.
Development standards for the C-D commercial-downtown zoning district are as follows:
A.
Minimum Lot Size and Width. The minimum lot size for any new parcels shall be five thousand square feet with a minimum width of fifty feet.
B.
Minimum Setbacks. There are no setbacks required within the C-D district. However, where a parcel borders an R district, a minimum setback of five feet is required from the property line adjoining any residential parcel.
1.
For all new commercial structures and for remodels or additions to existing buildings fronting on Main Street between Pilarcitos Creek and Correas Street, a zero front setback shall be encouraged to create a continuous line of building frontages; provided, however, that greater setbacks are permitted if they provide enhanced active ground-floor dependent frontage uses including but not limited to sidewalk cafes, public plazas, or weather-protected alcove entrances of modest size.
C.
Maximum Height. The maximum height permitted shall be thirty-six feet and three stories.
D.
Minimum Landscaping. Landscaping shall be required within parking areas and elsewhere on the site as may be feasible and in keeping with landscaping on the surrounding properties, and shall be reviewed by the community development director or planning commission for all projects involving new construction or conversions.
E.
Lot Coverage. Commercial, mixed-use, and multifamily residential buildings are not limited to a percentage coverage of C-D zoned sites; however, for any new construction, parking and any setback requirements shall dictate the area available for building. For residential uses in the C-D district, one-family and two-family residential structures are limited to thirty-five percent site coverage for multiple stories, and fifty percent site coverage for a single story.
F.
Residential Development. For mixed-use projects, residential units shall generally be located on upper floors; however, the planning commission may consider mixed-use site plans with both residential and commercial uses on the ground floor. For single-use residential development projects, minimum residential density shall be fifteen dwelling units per acre.
G.
Location of Parking. On Heritage Main Street, parking facilities shall not be located along the Main Street frontage and, unless there is no feasible alternative, driveways to parking facilities shall not take access from Main Street.
H.
Required Parking. Parking for single-family, duplexes, and triplexes shall comply with the standards of Chapter 18.36. Parking for multifamily and mixed-use projects may be provided in garages, below grade, at grade under upper floors of development, in open parking lots, or a combination of locations pursuant to site plan review; and the required amount of parking to be provided shall be as follows:
1.
Multifamily Residential Projects. For single-use residential projects with four or more residential units, the required amount of parking is one parking space per studio and one-bedroom unit; one and one-half parking spaces for units with two or more bedrooms; plus one guest space for each four units, with a minimum of one guest space.
2.
Mixed-Use Projects. Parking provisions for the nonresidential portion of mixed-use projects shall comply with Chapter 18.36. For the residential portion of mixed-use projects, the required amount of parking is one parking space per studio and one-bedroom unit; one and one-half parking spaces for units with two or more bedrooms; plus one guest space for each four units, with a minimum of one guest space. The total required amount of parking for mixed-use projects shall be the sum of that required for the nonresidential and residential portions of the development with the following reductions allowed pursuant to planning commission review and approval:
a.
Mixed-Use Shared-Use Reduction. Up to twenty percent reduction in the total required parking spaces may be allowed; provided, that the nonresidential and residential uses have offset peak parking demand periods, and the total amount of shared parking is adequate for the combined peak demand period of the mixed uses.
b.
Mixed-Use Guest Parking Waiver. A portion or all of the required guest parking spaces may be waived if the project is located on Heritage Main Street between Pilarcitos Creek and Correas Street; and/or includes frontage improvements that increase public parking supply, pedestrian and/or bicycle access, public access to EV charging stations, or other public benefit to multi-modal and/or low-emission circulation and parking within the C-D district.
I.
Off-Site Parking. Notwithstanding the provisions of this title, parking at an off-site location is encouraged at a distance no greater than three hundred feet from the development site.
1.
In reviewing development proposals with an off-site parking area, the planning commission may approve an exception to allow a greater distance between the development site and parking area, if it is determined that it is not feasible to meet the suggested distance standard to comply with off-street parking requirements.
2.
In approving an off-site parking location to support a proposed development, the planning commission shall require the recordation of a deed restriction, restrictive covenant, or other instrument to the satisfaction of the city attorney, ensuring that the parking area will remain available to serve the parking needs of the proposed development or use for as long as the development or use exists.
3.
Any off-site parking area created pursuant to the provisions herein shall be landscaped and a solid fence or wall installed along adjoining property lines to the satisfaction of the planning commission. Any lighting shall be directed away from adjoining properties.
(1996 zoning code (part); Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.045 Exceptions to development standards.
A.
Legal Nonconforming Parcels. Any parcel legally subdivided prior to the effective date of this chapter within any commercial district which does not meet the standards for minimum site area and width may nevertheless be developed without the need for a variance or exception, subject to compliance with the other development standards and regulations in this chapter.
B.
New Parcels. The planning commission and or city council may approve an exception to development standards established in the sections above for each commercial district, in conjunction with the review of a lot line adjustment or subdivision, as may be applicable.
C.
Development on Lots Divided by District Boundaries. The regulations applicable to each district shall be applied to the area within that district; however, parking provisions serving a principal use on the site may be located in a district in which a parking lot is not permitted, or is a conditional use.
D.
Exceptions to Maximum Height. Chimneys may exceed the maximum permitted building height in the district only as may be needed to comply with the Uniform Building Code.
E.
Parking Exceptions. For all new construction, the requirements for off-street parking shall be met. For any additions to existing buildings, or conversions of existing buildings to a more intensive use, off-street parking spaces shall be provided as required for the new area or use, at a minimum, unless a parking exception is approved by the planning commission. This section shall not apply to changes in use as specified in Section 18.36.020(B).
When granting a parking exception in either the downtown commercial or commercial-residential districts, the planning commission shall determine that the proposed exception is consistent with the policies of the downtown specific plan; that the proposed number, size, configuration, and/or location of the parking spaces is as nearly in conformance with the standards contained in Chapter 18.36 as is reasonably possible, including conformance with ADA requirements and the provision of EV, bicycle, and motorcycle parking spaces; and the planning commission shall make at least one of the following findings:
1.
That the proposed exception to the parking provisions will not be detrimental to the public welfare or injurious to property or improvements in the vicinity based on supporting evidence such as from a parking demand evaluation of anticipated parking requirements as presented in Section 18.36.040 or other assessment at the discretion of the planning commission; or
2.
That approval of the parking exception will ensure that an historic resource is retained or otherwise preserved or protected.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.050 Nonconforming structures and uses.
A.
Any existing structure legally constructed in accordance with the zoning code prior to the effective date of the ordinance codified in this chapter that is damaged by catastrophe such as fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be replaced, restored, rebuilt, or repaired and used as before such event occurred; provided, that all of the following conditions are satisfied:
1.
Any nonconforming height, setback encroachments or other nonconformity shall not be increased beyond that in existence prior to the damage occurring, unless a variance or exception is approved subject to the provisions of this title.
2.
An application for a building permit to replace or repair a damaged or destroyed building shall be filed within twenty-four months after the event.
3.
All applicable provisions of the Historic Building Code or Uniform Building Code adopted by the city at the time building permits are requested for the repair or reconstruction shall be incorporated into the plans.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.055 Historic downtown area, structures and uses.
A.
Historic Downtown Area. The historic downtown area possesses character, interest and value as part of the heritage of the city. Preservation of those structures which exemplify historical architectural styles or which contribute to the historical fabric of the community within this area is essential to the integrity of the district.
1.
Chapter 2.48 contains review criteria for the designation of a landmark or historic district. Any development within the historic downtown area shall also be in accordance with the policies for the Half Moon Bay historic downtown plan as well as the historic resources ordinance.
B.
Historic Structures. Any proposal for alteration to a designated landmark shall be subject to the provisions below and the historic resources ordinance.
1.
Changes to Existing Structures. Within the historic downtown area, alterations to existing structures and proposed demolition shall be subject to review by the planning commission who may consider the recommendation of any city council appointed advisory committee or commission, in order to protect the architectural and historical character of the area.
2.
Maintenance of Structures and Premises. All property owners in the historic downtown area shall have the obligation to maintain structures and premises in good repair. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises. Maintenance does not include a change in design, material or external appearance of a structure.
3.
Change of Use Within an Historic Structure. Whenever a change of use is proposed within an historic structure, such as a conversion from residential use to commercial use, exceptions to the development standards in this chapter may be granted where applicable and necessary to maintain the historic integrity of the structure. The State Historical Building Code may be used in some cases; however, intensification of use may require safety measures to conform to the requirements of current Uniform Building Code.
(1996 zoning code (part); Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.07.060 Required permits and plan review.
A.
Building permits are required for any new construction, remodeling, or additions, except for fences which do not exceed the eight-foot height limit.
B.
Except as may be otherwise provided for in this chapter, a variance or exception shall be required for any project in any commercial district which does not meet the development standards and regulations of this chapter, or for projects which include proposals to extend existing nonconforming structures or conditions on the site.
C.
The provisions of this title pertaining to architectural and site and design review shall be followed prior to the issuance of any building permits for which design review is required.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.010 Purpose.
The purpose of establishing adopting these visitor serving commercial and general commercial districts and adopting development standards and use regulations is to:
A.
Guide the orderly development of lands designated on the land use plan map for visitor serving commercial and general commercial uses;
B.
Provide appropriately located areas consistent with the land use plan and general plan for a full range of office, retail commercial, service commercial, and visitor serving uses needed by residents of, and visitors to, the city and region;
C.
Strengthen and expand the city's economic base, while protecting the small businesses that currently serve city residents;
D.
Minimize the impact of commercial development on adjoining residential areas;
E.
Encourage new commercial, mixed-use, and residential development compatible with surrounding development and consistent with site limitations;
F.
Ensure the provision of adequate on-site parking, loading and circulation; and
G.
Allow public and semipublic uses in commercial areas that are compatible with or supportive of commercial development.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.015 C-VS and C-G zoning districts established.
The intent of this chapter is to establish the following commercial districts and to guide the orderly development within each district as follows:
A.
C-VS District, Commercial–Visitor Serving. Recreational commercial areas that serve the needs of visitors attracted to coastal recreational opportunities, emphasizing ease of movement and attractiveness for the pedestrian while allowing safe and efficient movement of vehicles, having a consistent design theme, and protecting coastal resources. The intensity and nature of visitor-serving commercial uses shall be subordinate to the character of the recreational setting and existing neighborhood character.
B.
C-G District, Commercial–General. General commercial areas designated for the development of a full range of retail, service, commercial and professional office businesses, mixed-use and multifamily residential use serving both residents and visitors to the city.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.020 Permitted uses.
Tables 18.08.020A through 18.08.020E establish the uses permitted in the visitor-serving commercial and general commercial districts.
A.
The uses listed in Table 18.08.020A are numbered and categorized into types of uses. Definitions of each type of use are located within this title in Chapter 18.03, "Use Classifications." Uses that are not listed are prohibited within visitor-serving commercial and general commercial districts.
B.
Use classifications followed by the term "OK" are permitted, whereas use classifications followed by the term "UP" require approval of a use permit. A use classification followed by the term "NO" means that the use is not permitted. In the event the community development director determines that a proposed use is not permitted, an applicant may appeal the determination to the planning commission. The letters "UPCC" mean that some or all uses in the use classification are permitted in most cases, but that approval of a use permit is required in certain cases.
C.
Further description of the circumstances related to the "UPCC" listings in Tables 18.08.020A through 18.08.020E, and other specific regulations for certain uses listed in Tables 18.08.020A through 18.08.020E, can be found in Section 18.08.025. The letters and numbers in Section 18.08.025 correspond to the use categories and specific uses listed in Tables 18.08.020A through 18.08.020E.
Table 18.08.020A COMMERCIAL USES |
|---|
C-VS Visitor-serving commercial zoning district |
C-G General commercial zoning district |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
Key | Commercial Uses | C-VS Zoning | C-G Zoning |
|---|---|---|---|
A-1 | Adult Business | NO | UP |
A-2 | Ambulance Service | NO | UPCC |
A-3 | Animal Sales or Service: | ||
a | • Boarding | NO | UP |
b | • Grooming | NO | OK |
c | • Medical Care | NO | OK |
d | • Retail Sales | NO | OK |
A-4 | Art Gallery | OK | OK |
A-5 | Artist's Studio | UPCC | UPCC |
A-6 | Banking: | ||
a | • Full Service | NO | OK |
b | • ATM Only | OK | OK |
c | • Drive-Up Teller | NO | OK |
A-7 | Building Materials Sales or Service | NO | OK |
A-8 | Catering | NO | OK |
A-9 | Circus, Carnival or Exhibition | OK | OK |
A-10 | Commercial Filming | OK | OK |
A-11 | Commercial Recreation or Entertainment: | ||
a | • Indoor | NO | OK |
b | • Outdoor | UPCC | UPCC |
A-12 | Communications Facility | NO | OK |
A-13 | Eating or Drinking Establishment: | ||
a | • Cafe, Diner or Restaurant | UP | OK |
b | • Fast Food or Takeout | UP | OK |
c | • Drive-Through Fast Food | UP | OK |
d | • Bar or Tavern | UP | UP |
A-14 | Equestrian Center | UP | NO |
A-15 | Food or Beverage Sales | OK | OK |
A-16 | Funeral and Interment Service | NO | OK |
A-17 | Gardening Service | NO | OK |
A-18 | Laboratory | NO | OK |
A-19 | Maintenance or Repair Service | NO | OK |
A-20 | Nursery, Plant | NO | OK |
A-21 | Office: | ||
a | • Business or Professional | NO | OK |
b | • Health Service | NO | OK |
c | • Travel Agency | OK | OK |
A-22 | Personal Improvement Service | NO | OK |
A-23 | Personal Service | UP | OK |
A-24 | Printing or Publications Facility | NO | OK |
A-25 | Real Estate Sales Office | NO | OK |
A-26 | Research and Development | UP | OK |
A-27 | Retail Sales: | ||
a | • Indoor Retail | OK | OK |
b | • Outdoor Retail | OK | OK |
c | • Visitor-Serving Retail | OK | OK |
A-28 | Seasonal Agricultural Sales | OK | OK |
A-29 | Secondhand Sales, Pawn Shop | NO | OK |
A-30 | Vehicle/Equipment Sales or Service: | ||
a | • Automobile Rental | NO | OK |
b | • Automobile Washing | NO | UPCC |
c | • Service Station | NO | OK |
d | • Vehicle or Equipment Repair | UP | OK |
e | • Vehicle or Equipment Sale or Rental | UP | OK |
f | • Vehicle Storage | UP | OK |
A-31 | Visitor Accommodation: | ||
a | • Bed and Breakfast Inn | OK | OK |
b | • Campground or RV Park | UP | UP |
c | • Hotel, Motel or Time Share | OK | OK |
d | • Spa Resort | OK | OK |
A-32 | Warehouse or Storage | NO | UP |
Table 18.08.020B INDUSTRIAL USES |
|---|
C-VS Visitor-serving commercial zoning district |
C-G General commercial zoning district |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
Key | Industrial Uses | C-VS Zoning | C-G Zoning |
|---|---|---|---|
B-1 | Custom Industry | NO | OK |
B-2 | General Industry | NO | NO |
B-3 | Limited Industry | NO | UP |
B-4 | Wholesaling, Distribution or Storage | NO | UP |
Table 18.08.020C PUBLIC AND QUASI-PUBLIC USES |
|---|
C-VS Visitor-serving commercial zoning district |
C-G General commercial zoning district |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
Key | Public and Quasi-Public Uses | C-VS Zoning | C-G Zoning |
|---|---|---|---|
C-1 | Club or Lodge | UP | OK |
C-2 | Convalescent Facility | NO | OK |
C-3 | Cultural Institution | OK | OK |
C-4 | Day Care, General | NO | UP |
C-5 | Government Office | OK | OK |
C-6 | Health Care: | ||
a | • Hospital or Clinic | NO | UP |
b | • Emergency Health Care | NO | OK |
C-7 | Park or Recreation Facility | OK | OK |
C-8 | Public Safety Facility | OK | OK |
C-9 | Religious Assembly | NO | UP |
C-10 | Residential Care, General | NO | UP |
C-11 | School, Public or Private | NO | UP |
C-12 | Utility: | ||
a | • Major | NO | UP |
b | • Minor | OK | OK |
Table 18.08.020D RESIDENTIAL USES |
|---|
C-VS Visitor-serving commercial zoning district |
C-G General commercial zoning district |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
Key | Residential Uses | C-VS Zoning | C-G Zoning |
|---|---|---|---|
D-1 | Group Residential | NO | OK |
D-2 | Large Family Day Care | OK | OK |
D-3 | Small Family Day Care | OK | OK |
D-4 | Limited Residential Care | OK | OK |
D-5 | Multifamily Residential | NO | OK |
D-6 | Single-Family Residential | UP | OK |
Table 18.08.020E ACCESSORY USES |
|---|
C-VS Visitor-serving commercial zoning district |
C-G General commercial zoning district |
OK = Allowed without permit | UP = Use permit required |
NO = Not allowed | UPCC = Use permit required under certain circumstances |
Key | Accessory Uses | C-VS Zoning | C-G Zoning |
|---|---|---|---|
E-1 | Accessory Use or Structure | OK | OK |
E-2 | Accessory Dwelling Unit | OK | OK |
E-3 | Mixed Commercial and Residential | UP | OK |
E-4 | Home Occupations | OK | OK |
E-5 | Short-Term Vacation Rentals | OK | OK |
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2016-03 § 5(part), 2016; Ord. C-2018-4 § 2(Att. A)(part), 2018; Ord. C-2020-02 § 2(Att. A)(part), 2020; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.08.025 Use regulations.
The following use categories and any additional regulations associated with an identified use are to be taken together with the permit requirements listed for each use classification in Tables 18.08.020A through 18.08.020E. These regulations shall apply to both permitted uses and for uses which are only allowed upon approval of a use permit by the planning commission.
A.
Commercial Uses.
A-1 Adult Business. No adult business may be located within one thousand feet of another adult business, or within five hundred feet of any R district, any public or private school or day care facility for children, or any park or recreation facility.
A-2 Ambulance Service. A use permit is required only where a proposed ambulance service would be located within one thousand feet of an R district or fifty feet of a site occupied by a public or private school or a park or recreation facility.
A-3 Animal Sales or Service. No additional regulations specified.
A-3 a. Boarding. All kennels shall be maintained in accordance with the San Mateo County humane society regulations, and shall comply with all conditions of the use permit. If the facility is not in compliance with the humane society regulations or use permit conditions at any time, the use permit may be revoked. The boarding of horses shall be subject to the use regulations contained in this section under "equestrian centers."
A-3 b. Grooming. No additional regulations specified.
A-3 c. Medical Care. No additional regulations specified.
A-3 d. Retail Sales. The sale of domestic animals is allowed as an incidental use to any permitted use.
A-4 Art Gallery. No additional regulations specified.
A-5 Artist's Studio. A studio where the artist works, displays, and sells artwork is permitted. In those cases where the artist lives on the premises and maintains an active studio or sales operation, a use permit is required.
A-6 Banking. No additional regulations specified.
A-6 a. Full Service. No additional regulations specified.
A-6 b. ATM Only. In the C-VS district, an ATM (automatic teller machine) is permitted only as an incidental use to a permitted use.
A-6 c. Drive-Up Teller. No additional regulations specified.
A-7 Building Materials Sales or Service. Activities shall be conducted and materials shall be stored within a building or shall be enclosed by a fence, wall or permanent planting at least six feet in height. Milling or planing of lumber or other wood products is prohibited unless incidental to a retail use or contractor's yard.
A-8 Catering. Catering businesses may be permitted in conjunction with a residential use subject to approval by the San Mateo County environmental health department.
A-9 Circus, Carnival or Exhibition. Such uses, including street fairs and markets on city streets, are permitted upon approval of special events permit. The event may be in one location no longer than two weekend days over two consecutive weekends, unless otherwise permitted by the city council in conjunction with the special events permit. Signs advertising the event shall be approved by the city council in conjunction with the approval of the special events permit.
A-10 Commercial Filming. Commercial filming is permitted upon securing all necessary permits and licenses required by the municipal code.
A-11 Commercial Recreation or Entertainment. No additional regulations specified.
A-11 a. Indoor. In the C-G district, electronic game centers shall not be located within three hundred feet of a school site or the boundary of a residential district, or within five hundred feet of a liquor store, cocktail lounge or bar. At least one adult manager shall be on the premises during the time a game center is open to the public. No game center owner, manager or employee shall allow a minor under eighteen years of age to play game machines during the hours the public schools are open, or after nine p.m. on nights preceding school days. The planning commission may impose restrictions on the design, location and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the community.
A-11 b. Outdoor. In the C-G district, the establishment of a golf course requires approval of a use permit.
A-12 Communication Facility. No additional regulations specified.
A-13 Eating or Drinking Establishment. No additional regulations specified.
A-13 a. Cafe, Diner or Restaurant. In C-VS districts, sidewalk cafes and outdoor food service on a temporary basis shall be subject to approval by the community development director. A use permit is required in order to establish permanent or recurring outdoor food service and shall be subject to architectural, landscape, and site plan review. A use permit is required for cabarets with live entertainment within the C-VS districts.
A-13 b. Fast Food or Takeout. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.
A-13 c. Drive-Through Fast Food. No additional regulations specified.
A-13 d. Bar or Tavern. No additional regulations specified.
A-14 Equestrian Center. Grooming and incidental sales of horses and equestrian supplies are permitted. Animal shows are permitted by use permit. New equestrian facilities shall be located near proposed county trail systems in upland areas east of Highway One or on sites where the coastal terrace is broad enough to accommodate such use without conflicts with public recreation. All stables shall be maintained in accordance with the San Mateo County humane society regulations, and shall comply with all conditions of the use permit. If the facility is not in compliance with the humane society regulations or use permit conditions at any time, the use permit may be revoked.
A-15 Food or Beverage Sales. In C-VS districts, food and beverage sales must be ancillary to approved recreational uses.
A-16 Funeral or Interment Service. No additional regulations specified.
A-17 Gardening Service. No additional regulations specified.
A-18 Laboratory. In C-VS districts, laboratories shall be limited to research related to oceanographic, fisheries, and/or coastal resource management.
A-19 Maintenance or Repair Service. No additional regulations specified.
A-20 Nursery, Plant. Outdoor storage and display is limited to plants and garden features such as statues, fountains and benches. All merchandise must be kept in an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
A-21 Office. In C-VS districts, only those office uses which are auxiliary functions of visitor-serving establishments are permitted.
A-21 a. Business or Professional. In the C-G district, professional and other business offices providing the following services are permitted: accountancy, architectural, construction and/or contracting, design, engineering, and legal services, insurance and travel agencies, investment services other than banks, savings and loans, such as mortgage, stocks and commodities brokerages, and similar consulting or business services.
A-21 b. Health Service. In the C-G district, health service offices or clinics offering medical or dental services, including laboratories incidental to these uses, and therapeutic services such as massage, chiropractic and psychiatric therapy are permitted.
A-21 c. Travel Agency. In the C-VS district, travel services are permitted only where incidental to a permitted use.
A-22 Personal Improvement Service. No additional regulations specified.
A-23 Personal Service. In the C-VS district, personal services may be permitted only where they are an auxiliary function of a visitor-serving establishment.
A-24 Printing or Publication Facility. No additional regulations specified.
A-25 Real Estate Sales Office. No additional regulations specified.
A-26 Research and Development. In the C-VS district, only research related to oceanographics, fisheries, and/or coastal resource management is permitted.
A-27 Retail Sales. No additional regulations specified.
A-27 a. Indoor Retail. Display of products usually sold inside a building on a commercial site may be permitted outside the building on a temporary or occasional basis, subject to approval by the community development director. In the C-VS district, indoor sales shall be limited to visitor-oriented sales.
A-27 b. Outdoor Retail. Outdoor display of merchandise on a temporary basis shall be subject to approval by the community development director. Permanent outdoor sales operations, such as flower and produce stands, hot dog carts, coffee/pastry stands, T-shirts, outdoor furniture gardens, are permitted on an ongoing basis only if located on private property and not on city or state right-of-way, and only after (1) receiving a determination by the planning commission that the proposed use and operational characteristics are consistent with the underlying zoning designation and development standards, and (2) securing approval of a business license in accordance with the provisions of the municipal code. In the C-VS district, outdoor sales shall be limited to visitor-oriented sales.
A-27 c. Visitor-Serving Retail. In a C-VS district, this category is limited to retail sales directly related to visitors attracted to the city's coastal recreational opportunities such as boating and fishing supplies, equestrian supply stores, surf shops, the incidental sale of merchandise at recreational vehicle campsites and golf courses, and related uses.
A-28 Seasonal Agricultural Sales. Fruit, vegetable and Christmas tree sales are permitted for a period of forty-five days, and shall be subject to the requirements of Chapter 3.73. The community development director shall impose reasonable conditions upon the establishment to ensure adequate parking, safe and convenient traffic circulation, and that minimum health and safety standards are met.
A-29 Second Hand Sales, Pawn Shop. No additional regulations specified.
A-30 Vehicle or Equipment Sales and Service. No additional regulations specified.
A-30 a. Automobile Rental. No additional regulations specified.
A-30 b. Automobile Washing. A use permit is required in order to establish self-service and full-service operations and shall be subject to architectural, landscape, and site plan review.
A-30 c. Service Station. All auto, truck and equipment repair and service facilities shall be appropriately landscaped and maintained. Inoperative vehicle storage on the premises is prohibited. Operative vehicles and/or equipment stored on the premises shall be screened from public view. Display racks for automobile products no more than four feet wide may be maintained at each pump island of a service station, or within three feet of the main building, and shall be limited to one per street frontage. These uses are not permitted in a C-VS district.
A-30 d. Vehicle or Equipment Repair. Repair shops such as auto body and painting, fender work, upholstery and detailing, and major auto repairs shall be appropriately landscaped and maintained. Conditions of approval of a use permit may require buffering, screening, planting areas or limits on the hours of operation to avoid adverse impacts on properties in the surrounding area. Inoperative vehicle storage on the premises is prohibited, and operative vehicles and/or equipment stored on the premises shall be screened from public view.
A-30 e. Vehicle or Equipment Sales or Rental. In the C-VS district, sales shall be limited to marine equipment and parts used for recreational vehicles other than motor homes such as boats, jet skis and vehicles used to transport horses or which are designed to be transported by horses. Marine vehicles may be rented in the C-VS district. Outdoor storage and display shall be limited to vehicles, boats or equipment offered for sale or rent only.
A-30 f. Vehicle Storage. In the C-VS district, vehicular storage shall be limited to the storage of recreational vehicles and water-oriented vehicles. All vehicle storage facilities shall be enclosed by a six-foot-high fence and all vehicles shall be screened from view.
A-31 Visitor Accommodation. No additional regulations specified.
A-31 a. Bed and Breakfast Inn. No additional regulations specified.
A-31 b. Campground or RV Park. Landscaping at recreational vehicle parks shall be fully matured within five years of development to assure full screening from public roads, vista points, public recreation areas and residential areas.
A-31 c. Hotel, Motel or Time Share. Within the C-VS district, hotel, motel and time shares are permitted only if the number of bedrooms does not exceed thirty-six per net acre of the building site area. Living rooms in suites shall be considered bedrooms for purposes of this calculation.
A-32 Warehouse or Storage. Only warehousing/storage area having two thousand five hundred square feet or less, that is incidental to commercial use, is permitted within an enclosed building. Mini-storage or self-storage facilities may be permitted in the C-G district only by approval of a use permit and shall be subject to architectural, landscape, and site plan review.
B.
Industrial Uses.
B-1 Custom Industry. Small-scale custom industries such as ceramic studios, candle-making shops and custom jewelry manufacturing which may also sell goods produced on site directly to customers are permitted in the C-G district.
B-2 General Industry. No additional regulations specified.
B-3 Limited Industry. No additional regulations specified.
B-4 Wholesaling, Distribution or Storage. No additional regulations specified.
C.
Public and Quasi-Public.
C-1 Club or Lodge. In the C-VS district, only yacht clubs or clubs catering to visitor-serving commercial uses shall be permitted.
C-2 Convalescent Facility. City, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.
C-3 Cultural Institution. No additional regulations specified.
C-4 Day Care, General. All required city, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.
C-5 Government Office. In a C-VS district, these uses shall be limited to those that, as determined by the community development director, involve the regulation or study of natural or oceanographic processes, private or recreational fishing, aquaculture, or shoreline recreation.
C-6 Health Care. No additional regulations specified.
C-6 a. Hospital or Clinic. No additional regulations specified.
C-6 b. Emergency Health Care. No additional regulations specified.
C-7 Park or Recreation Facility. In the C-VS district, this use includes public parking for shoreline access and recreation, public restrooms, parks and visitor information centers. Development unrelated to on-site recreational activities shall not be permitted in publicly owned recreational areas, with the exception of the state park administrative and maintenance operations located at Half Moon Bay state beach. Parking facilities and recreational structures, including campers, located in public regional recreational areas, private recreational areas, visitor-serving commercial areas and other developments shall be designed to minimize visibility from the beach.
C-8 Public Safety Facility. No additional regulations specified.
C-9 Religious Assembly. No additional regulations specified.
C-10 Residential Care, General. No additional regulations specified.
C-11 School, Public or Private. No additional regulations specified.
C-12 Utility. No additional regulations specified.
C-12 a. Major. All public utility substations shall be enclosed by a solid fence or wall a minimum of six feet in height. The planning commission may approve alternative screening such as a hedge or other plant materials, where appropriate to the design and location in relationship to other properties.
C-12 b. Minor. No additional regulations specified.
D.
Residential Uses.
D-1 Group Residential. No additional regulations specified.
D-2 Large Family Day Care. No additional regulations specified.
D-3 Limited Day Care. No additional regulations specified.
D-4 Limited Residential Care. No additional regulations specified.
D-5 Multifamily Residential. No additional regulations specified.
D-6 Single-Family Residential. No residential uses are permitted in the C-VS district unless ancillary to a permitted use and upon the approval of a use permit in each case.
E.
Accessory Uses.
E-1 Accessory Use or Structure. Accessory uses and structures are permitted when they are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. Accessory uses to a residential use would include home occupations and garage sales. Accessory uses for retail or office uses would include storage incidental to a permitted use. Accessory structures such as garages or storage and maintenance sheds are permitted.
E-2 Accessory Dwelling Unit. No additional regulations specified.
E-3 Mixed Commercial and Residential. No residential uses are permitted as part of mixed-use development in the C-VS district unless ancillary to a permitted use and upon the approval of a use permit in each case. In the C-G district, no additional regulations specified.
E-4 Home Occupation. Home occupations are allowed subject to the requirements of Section 18.06.025(F).
E-5 Short-Term Vacation Rentals. Short-term vacation rentals are allowed subject to the requirements of Section 18.06.025(G).
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.08.030 General development standards.
A.
Residential Development.
1.
As Primary Use of Property. When a C-VS or C-G zoned site is developed primarily for residential use, the dwelling unit(s) shall be subject to the standards for tenant and guest parking spaces, minimum setbacks, floor area ratio, lot coverage, maximum height limits, landscaping, fences, and usable open space as specified in this title for the proposed residential dwelling type.
2.
As Secondary Use of Property. When a C-VS or C-G zoned site is developed with nonresidential use(s) and residential use is proposed, or when a mixed residential/nonresidential project is proposed, the setbacks, floor area ratio, lot coverage and maximum height limits required within the residential districts shall not be imposed. However, such development shall be subject to the requirements for parking spaces, landscaping, fences and usable open space for the proposed type of dwelling as specified in this title.
B.
Minimum Site Area and Width. The standards for minimum site area and width are established for each commercial district in this chapter. Existing legal parcels created before the effective date of this chapter are not subject to these minimum area and width requirements. Only new subdivisions of existing parcels shall be subject to the minimum site and area requirements.
C.
Site Coverage. Commercial buildings and mixed-use buildings are not limited to a percentage coverage of commercially zoned sites; however, for any new construction, parking requirements shall dictate the area available for building. For residential uses in a commercial district, one-family and two-family residential structures are limited to thirty-five percent site coverage for multiple stories, and fifty percent site coverage for a single story. A maximum site coverage of thirty-five percent shall be permitted for multiple-family (three or more units) residential structures. These standards are not applicable to mixed-use projects.
D.
Exterior Noise Limit. Sound levels measured at the property line of the lot where the lot borders on R, OS, UR or OSR district, or along any property boundary in the C-VS district, may not exceed the following levels:
MAXIMUM NOISE LEVEL | |||
|---|---|---|---|
Time of Day | More than 30 minutes/hour | More than 5 minutes/hour | At any time |
7 a.m. to 10 p.m. | 60 dBA | 70 dBA | 80 dBA |
10 p.m. to 7 a.m. | 55 dBA | 65 dBA | 75 dBA |
E.
Off-Street Parking Plans. A parking plan which meets the development standards for off-street parking requirements contained in this title shall be submitted with each project for new development or addition of floor area, or whenever plans are submitted for a use conversion which will result in an intensification of use. The plan will be reviewed for conformance with standards for parking spaces and aisles, location, units of measurement, and other standards as may be applicable.
F.
Landscaping. A landscaping plan is required for all new construction or extensive remodel projects within the C-VS or C-G commercial districts, and shall be in conformance with design criteria contained in this title and the city's current water-efficient landscaping program.
1.
All planting areas, plant materials, and irrigation shall conform with the guidelines in the city's current water efficient landscaping program.
2.
No landscaping may impede, block, obstruct or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road. Trees and shrubs shall be maintained in such a manner as to provide adequate, clear sight distance for traffic safety on public or private sidewalks, street, road or rights-of-way.
3.
Parking lots shall have perimeter landscaping areas and interior landscaping areas distributed throughout the parking lot. The landscaped areas shall have a minimum width of two feet, separated from the parking lot paving by a six-inch curb. A minimum of one tree for every six spaces shall be distributed throughout the parking lot.
G.
Signs. Each project shall comply with the sign regulations contained in Titles 15 and 18. Prior to installation, all new signs shall be reviewed and approved by the community development director who may consider the recommendation of any city council appointed advisory committee or commission.
H.
Fences. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, from the base to the top of the fence, wall or hedge above that grade. The following specific criteria shall apply:
1.
Along rear or side property lines, a maximum fence height of eight feet is permitted.
2.
Where the side or rear property line adjoins a residential property, a fence having a minimum height of six feet shall be installed along that property line.
3.
A solid wall or fence within fifteen feet of a street property line shall not exceed three feet in height. The community development director may approve an increased fence height to four feet if the fence materials have openings comprising at least fifty percent. In no case may a fence in this area exceed four feet in height.
a.
A lower fence height limit may be imposed by the community development director, if it is determined that the fence would: (i) obstruct visibility thereby negatively impacting traffic safety, or (ii) obscure an approved sign advertising a business on an adjoining property.
4.
A solid masonry or concrete wall at least six feet in height shall be installed along any property line shared by a nonresidential site and the site of an existing ground-floor residential use, unless there is a ten-foot landscaped buffer area on the commercial site. If a nonresidential building has a zero setback and has no openings along the adjoining property lines, no wall needs to be installed along the length of the building. As part of development approval, a lower fence height limit or alternate materials may be considered by the planning commission or community development director, if it is determined that the standard wall or landscape buffer is unnecessary to protect residential privacy or quiet enjoyment.
I.
Refuse Storage Areas. For all nonresidential and multifamily residential projects, recyclable materials and refuse storage area shall be provided prior to occupancy, either inside a building or within a trash enclosure, as specified in this title.
J.
Residential Storage Areas. For each residential unit in new multifamily or mixed-use development, a minimum of sixty cubic feet of enclosed, lockable storage space shall be provided outside of the unit. The storage space may be within a fully enclosed garage or other parking area; provided, that the storage space is in addition to the parking space(s) required. The storage space is in addition to any secured storage space required for bicycle parking. The storage space may also be located off of a patio, balcony, or deck; provided, that it is in addition to the private open space required, is in an enclosed space, and does not negatively impact building or landscape design.
K.
Accessory Dwelling Units. All accessory dwelling units in these commercial districts must comply with the regulations contained in this title.
L.
Satellite Antennas. All satellite antennas shall meet the standards and regulations contained in this title.
M.
Underground Utilities. All new electrical, telephone and similar distribution lines providing direct service to a commercial site and any existing services on the site shall be installed underground within the site unless such installation is deemed to be not feasible by the planning commission.
N.
Screening. All outdoor storage and display areas shall be screened from view by a solid fence or wall, unless otherwise approved by the community development director or planning commission. Mechanical equipment and utility meters shall be screened from view from public rights-of-way. Screening materials may have evenly distributed openings or perforations averaging fifty percent of the surface area, as long as the mechanical equipment is screened so that it is not visible from a street or adjoining lot.
O.
Performance Standards. No activity on a commercial site may produce vibration, dust, odors, heat and humidity, electromagnetic interference which are perceptible without instruments by a reasonable person at the property lines of a site. Mirrors or highly reflective glass shall not cover more than twenty percent of a building surface visible from a street, unless an applicant submits information demonstrating that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. Combustibles, explosives, radioactive materials and hazardous materials shall comply with HMBFPD fire prevention codes, California hazardous materials regulations, and/or any other applicable laws.
P.
Coastal Resource Conservation Standards. The standards and regulations contained in this title for habitat conservation, archaeological resource conservation, coastal access, scenic corridors, and community visual resources shall be met for each project.
Q.
Architectural and Site and Design Review. The standards and review process contained in this title shall be met for each project.
R.
Coastal Development Permit. The requirements contained in this title for a coastal development permit shall be met for each project which is subject to those requirements.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2018-04 § 2(Att. A)(part), 2018; Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.035 C-VS zoning district standards.
A.
Minimum Lot Size and Width. The minimum lot size shall be ten thousand square feet with a minimum width of one hundred feet.
B.
Minimum Setbacks. The front yard setback shall be a minimum of twenty feet; the rear and side yard setbacks shall be a minimum of ten feet each. Where a parcel borders an R district, a minimum setback of twenty feet is required from the property line adjoining any residential parcel. Within this setback, the ten-foot width nearest the residential parcel shall be landscaped.
C.
Maximum Height. The maximum building height permitted shall be thirty-six feet and three stories.
D.
Minimum Landscaping. A total of fifteen percent of the site shall be landscaped.
E.
Residential Development. For mixed commercial/residential projects, dwellings shall be on the upper floors and two garage spaces shall be provided for each new dwelling unit, unless otherwise approved by the planning commission.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.040 C-G zoning district standards.
A.
Minimum Lot Size and Width. The minimum lot size shall be ten thousand square feet with a minimum width of one hundred feet.
B.
Minimum Setbacks. The front yard setback shall be a minimum of twenty-five feet; the rear and side yard setbacks shall be a minimum of ten feet each. Where a parcel borders an R district, the five-foot width nearest the residential parcel shall be landscaped. A solid masonry wall of at least six feet in height shall be installed adjacent to any R district.
C.
Maximum Height. The maximum building height permitted shall be thirty-six feet and three stories.
D.
Minimum Landscaping. A total of ten percent of the site shall be landscaped. Landscaping shall be in keeping with landscaping on the surrounding properties, and shall be reviewed as part of the associated discretionary permit for all projects involving new construction or conversions.
E.
Residential Development. For mixed-use projects, residential units shall generally be located on upper floors; however, the planning commission may consider mixed-use site plans with both residential and commercial uses on the ground floor. For single-use residential development projects, minimum residential density shall be fifteen dwelling units per acre.
F.
Required Parking. Parking for single-family, duplexes, and triplexes shall comply with the standards of Chapter 18.36. For mixed-use and multifamily residential projects, two parking spaces shall be provided for each new dwelling unit and at least one of the required parking spaces per unit shall be a garage space. For projects with three or more residential units, one guest space for each four units, with a minimum of one guest space, shall be provided for each unit. Parking provisions for the nonresidential portion of mixed-use projects shall comply with Chapter 18.36.
G.
Off-Site Parking. Parking may be located on an off-site location, at a distance no greater than three hundred feet from the development site.
1.
In reviewing development proposals with an off-site parking area, the planning commission may approve an exception to allow a greater distance between the development site and parking area, if it is determined that it is not feasible to meet the maximum distance requirement, to comply with off-street parking requirements.
2.
In approving an off-site parking location to support a proposed development, the planning commission shall require the recordation of a deed restriction, restrictive covenant, or other instrument to the satisfaction of the city attorney, ensuring that the parking area will remain available to serve the parking needs of the proposed development or use for as long as the development or use exists.
3.
Any off-site parking area created pursuant to the provisions herein shall be landscaped, and a solid fence or wall shall be installed along adjoining property lines, if deemed necessary, to the satisfaction of the planning commission. Any lighting shall be directed away from adjoining properties.
(1996 zoning code (part); Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.045 Exceptions to development standards.
A.
Legal Nonconforming Parcels. Any parcel legally subdivided prior to the effective date of this chapter within any commercial district which does not meet the standards for minimum site area and width may nevertheless be developed without the need for a variance, subject to compliance with the other development standards and regulations in this chapter.
B.
New Parcels. The planning commission and/or city council may approve an exception to development standards established in the sections above for each commercial district, in conjunction with the review of a lot line adjustment or subdivision, or variance as may be applicable.
C.
Development on Lots Divided by District Boundaries. The regulations applicable to each district shall be applied to the area within that district; however, parking provisions serving a principal use on the site may be located in a district in which a parking lot is not permitted, or is a conditional use.
D.
Exceptions to Maximum Height. Chimneys may exceed the maximum permitted building height in the district only as may be needed to comply with the Uniform Building Code.
E.
Parking Exceptions. For all new construction, the requirements for off-street parking shall be met. For any additions to existing buildings, or conversions of existing buildings to a more intensive use, off-street parking spaces shall be provided as required for the new area or use, at a minimum, unless a parking exception is approved by the planning commission.
When granting a parking exception in either the general commercial or visitor-serving commercial districts, the planning commission shall determine that the proposed number, size, configuration, and/or location of the parking spaces is as nearly in conformance with the standards contained in Chapter 18.36 as is reasonably possible, including conformance with ADA requirements and the provision of EV, bicycle, and motorcycle parking spaces; and the planning commission shall make at least one of the additional following findings:
1.
That the proposed exception to the parking provisions will not be detrimental to the public welfare or injurious to property or improvements in the vicinity based on supporting evidence such as from a parking demand evaluation of anticipated parking requirements as presented in Section 18.36.040 or other assessment at the discretion of the planning commission; or
2.
That approval of the parking exception will ensure that an historic resource is retained or otherwise preserved or protected.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.050 Nonconforming structures.
Any existing structure legally constructed in accordance with the zoning code prior to the effective date of the ordinance codified in this chapter that is damaged by catastrophe such as fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be replaced, restored, rebuilt, or repaired and used as before such event occurred; provided, that all of the following conditions are satisfied:
A.
Any nonconforming height, setback encroachments or other nonconformity shall not be increased beyond that in existence prior to the damage occurring, unless a variance is approved subject to the provisions of this title;
B.
An application for a building permit to replace or repair a damaged or destroyed building shall be filed within twenty-four months after the event;
C.
All applicable provisions of the Uniform Building Code adopted by the city at the time building permits are requested for the repair or reconstruction shall be incorporated into the plans.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.055 Historic structures.
Any proposal for alteration to a designated landmark shall be subject to the provisions below and the historic resources ordinance.
A.
Changes to Existing Structures. Alterations to existing historic structures and proposed demolition shall be subject to review by the planning commission who may consider the recommendation of any city council appointed advisory committee or commission, in order to protect the architectural and historical character.
B.
Maintenance of Structures and Premises. All property owners of historic structures shall have the obligation to maintain structures and premises in good repair. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation and decay of the exterior portions of the structure and premises. Maintenance does not include a change in design, material or external appearance of a structure.
C.
Change of Use Within a Historic Structure. Whenever a change of use is proposed within an historic structure, such as a conversion from residential use to commercial use, exceptions to the development standards in this chapter may be granted where applicable. The state Historical Building Code may be used in some cases; however, intensification of use may require safety measures to conform to the requirements of current Uniform Building Code.
(1996 zoning code (part); Ord. C-2019-03 § 2(Exh. A)(part), 2019; Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.08.060 Required permits and plan review.
A.
Building permits are required for any new construction, remodeling, or additions, except for fences which do not exceed the height limit.
B.
Except as may be otherwise provided for in this chapter, a variance or exception shall be required for any project in any commercial district which does not meet the development standards and regulations of this chapter, or for projects which include proposals to extend existing nonconforming structures or conditions on the site.
C.
The provisions of this title pertaining to architectural and site and design review shall be followed prior to the issuance of any building permits for which design review is required.
(1996 zoning code (part); Ord. C-2020-02 § 2(Att. A)(part), 2020)
§ 18.09.010 Applicability.
The following regulations, as designated in this chapter, shall apply in all P-S districts.
(1996 zoning code (part))
§ 18.09.020 Permitted uses.
Uses permitted in a P-S district include the following:
PERMITTED USES |
|---|
Fire station |
School |
Library |
Church |
Civic Center |
Airport |
Hospital/Animal Hospital |
Cemetery |
Park |
Emergency Shelter |
(1996 zoning code (part); Ord. C-2014-11 § 1, 2014; Ord. C-2015-08 § 3 (Exh. A (part)), 2015)
§ 18.09.030 Building height limit.
The building height limit in a P-S district shall be four stories but not exceeding fifty feet.
(1996 zoning code (part))
§ 18.09.040 Minimum area of lot or building site.
The required minimum area of a lot or building site in a P-S district shall be an area having an average width of not less than five thousand square feet.
(1996 zoning code (part))
§ 18.09.050 Front yard.
The required front yard in a P-S district shall be not less than twenty feet.
(1996 zoning code (part))
§ 18.09.060 Side yard.
There is no required side yard in a P-S district, except that there shall be a side yard five feet wide along the side of every lot in a P-S district which side is bordering on property in any R district.
(1996 zoning code (part))
§ 18.09.070 Rear yard.
There is no required rear yard in a P-S district, except that there shall be a rear yard five feet deep on the rear of every lot in a P-S district which rear yard is bordering on property in any R district.
(1996 zoning code (part))
§ 18.10.010 Permitted uses.
The following uses are permitted in the IND district; provided, that no use shall be carried on in a manner that is, in the opinion of the planning commission, objectionable from the standpoint of odor, dust, smoke, gas, noise or vibration, and any emission shall not be damaging or have a tendency to damage sensitive vegetation:
A.
Provided the planning commission has had a review of the industry applying for possible location in Half Moon Bay by the Bay Area air pollution control district to assist the planning commission in its decisions; and provided, that when required by the standards in this title, the project has been reviewed and approved by the planning commission who may consider the recommendation of any city council appointed advisory committee or commission.
1.
Acetylene. The storage of oxygen and acetylene in tanks if oxygen is stored in a room separate from acetylene, and such rooms are separated by a not less than one-hour fire resistant wall,
2.
Aircraft assembly plants,
3.
Animal experimental research institute,
4.
Animal hospitals,
5.
Automobile assembly plants,
6.
Auto, truck and heavy equipment service and repair including tire repair, sales and service,
7.
Bags and boxes, papers, manufacture of,
8.
Barrels, storage of empty barrels,
9.
Baseball park,
10.
Batteries, the manufacture and rebuilding of batteries,
11.
Billboards, the manufacture and storage of,
12.
Blacksmith shops,
13.
Boat building,
14.
Bone products, the manufacture of bone products,
15.
Book bindery,
16.
Bottling plant,
17.
Breweries,
18.
Brushes, the manufacture of,
19.
Cabinet making and carpentry shop,
20.
Candles, the manufacture of,
21.
Canvas products, the manufacture of,
22.
Car barns for busses and streetcars,
23.
Carnivals, commercial or otherwise,
24.
Carpet cleaning,
25.
Cellophane, the manufacture of cellophane products,
26.
Ceramics, the manufacture of ceramics,
27.
Cesspool pumping, cleaning and draining,
28.
Cigars, the manufacture of cigarettes and cigars,
29.
Circus,
30.
Clay products, the manufacture and storage of,
31.
Cleaning and dyeing establishments, wholesale,
32.
Clothing, the manufacture of cloth products, including clothing of all kinds but not tanning,
33.
Coffee roasting,
34.
Coffins, the manufacture of,
35.
Contractor's equipment yard, including farm equipment and all equipment used in building trades,
36.
Cork, the manufacture of cork products,
37.
Cosmetics, the packaging and distribution of pharmaceutical and cosmetic items,
38.
Cotton storage,
39.
Curtain cleaning plants,
40.
Dairy products depot and manufacture of dairy products,
41.
Distributing plants, including bulk petroleum plants,
42.
Draying yard or terminal,
43.
Drugs, the manufacture of and sale at wholesale of drugs,
44.
Dry goods, the manufacture and storage of and wholesale of dry goods,
45.
Electrical appliance assembly,
46.
Electrical parts, the manufacture of, the sale at wholesale of, or the storage of small electrical parts,
47.
Electronics industry,
48.
Engines, the manufacture of steam engines. This paragraph does not permit a foundry,
49.
Engraving. Machine metal engraving,
50.
Fabricating, other than snap riveting or any process used in bending or shaping which produces any annoying or disagreeable noises,
51.
Fiber products, the manufacture of,
52.
Fixtures, the manufacture of gas or electrical fixtures, or both,
53.
Frozen food process plants,
54.
Fruit packaging plants,
55.
Fuel yard,
56.
Fur products, the manufacture and storage of,
57.
Furniture, the manufacture of,
58.
Glass, the production by hand of crystal glass art novelties within a closed building of fire resistant construction,
59.
Gloves, the manufacture of,
60.
Heating equipment, the manufacture of,
61.
Hemp storage,
62.
Humane societies,
63.
Incinerators, the manufacture of,
64.
Ink, the manufacture of,
65.
Iron. Ornamental iron works but not including a foundry,
66.
Jewelry, the manufacture of,
67.
Leather products, the manufacture of, but not including tanning,
68.
Light bulbs, the manufacture of,
69.
Linen and towel supply,
70.
Lubricating oil. The canning and packaging of lubricating oil if not more than one hundred barrels are stored above ground at any one time,
71.
Lumber yards,
72.
Machine shops and storage yard and repair,
73.
Malt products, the manufacture of,
74.
Marine oil service station,
75.
Mattresses, the manufacture and renovation of,
76.
Medicines, the manufacture of,
77.
Metals,
78.
Manufacture of products of precious metals,
79.
Manufacture of metal, steel and brass stamp, including hand and machine engraving,
80.
Metal fabrication, spinning and storage,
81.
Moving van storage or operating yard,
82.
Musical instruments, the manufacture of,
83.
Novelties, the manufacture of,
84.
Oil, the manufacture of vegetable oil,
85.
Optical goods, the manufacture of,
86.
Paint mixing, except the mixing of lacquers and synthetic enamels,
87.
Paper products, the manufacture of, but not including the manufacture of paper itself,
88.
Perfume, the manufacture of,
89.
Pest control service, including residential termite control,
90.
Pharmaceuticals, the manufacture and packaging of,
91.
Phonographs, the assembly of,
92.
Planing mill,
93.
Plaster, the storage of,
94.
Poultry and rabbits, the wholesale and retail sale of poultry and rabbits, including slaughtering and dressing within a building,
95.
Presses, hydraulic presses for the molding of plastics,
96.
Public utility substations and service groups,
97.
Produce yard or terminal,
98.
Radios, the assembly of,
99.
Refrigeration plants,
100.
Roofing contractor's establishment,
101.
Rugs, the manufacture of,
102.
Sand, the washing of sand to be used in sandblasting,
103.
Sash and door manufacturing,
104.
Shell products,
105.
Shoes, the manufacture of,
106.
Shooting gallery,
107.
Signs, the manufacture of,
108.
Skating rinks,
109.
Soft drinks, the manufacture and bottling of,
110.
Stables,
111.
Starch, the mixing and bottling of starch,
112.
Statuary, the manufacture of clay, paper mache and stone statuary and monuments,
113.
Stencils, the manufacture of,
114.
Stone, marble and granite, grinding, dressing and cutting,
115.
Storage and rental of plows, tractors, busses, contractor's equipment and cement mixers, not within a building,
116.
Tire repair, sales and service,
117.
Tools, the manufacture of,
118.
Toys, the manufacture of,
119.
Trailers, the manufacture of,
120.
Truck storage or rental,
121.
Ventilating ducts, the manufacture of,
122.
Veterinary, the consulting office and hospital of a veterinary,
123.
Vitamin tablets, the manufacture of,
124.
Warehouse, storage warehouse,
125.
Wine storage and manufacture,
126.
Wood, the manufacture of wood products,
127.
Wood yard,
128.
Yarn, the dyeing and manufacture of yarn Products,
130.
Extraction of chemicals from sea water by natural evaporation,
131.
Other uses which in the opinion of the planning commission are of the same general character as those enumerated in this subsection.
(1996 zoning code (part); Ord. C-2019-03 § 2(Exh. A)(part), 2019)
§ 18.10.020 Conditionally permitted uses.
The following uses are permitted subject to planning commission approval of a conditional use permit in each case, provided the project plans and characteristics of the proposed industry or business have been reviewed by the community development director who may consider the recommendation of any city council appointed advisory committee or commission in accordance with the requirements contained in this title:
A.
Dog kennels, commercial dog raising establishments and dog training schools, provided, that no such use shall be permitted within five hundred feet of an R district, and the planning commission shall require as a condition of any use permit adequate provision for surfaced floors and runs, drainage, fencing and other facilities to assure sanitary maintenance.
B.
Retail uses within those buildings located on the front portion of parcels fronting Highway 92 or Main Street. The planning commission's review of the use permit request shall include, at a minimum, a review of the following:
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2019-03 § 2(Exh. A)(part), 2019)
§ 18.10.030 Building height limit.
The maximum building height in an IND district shall be forty feet.
(1996 zoning code (part))
§ 18.10.040 Minimum building site.
The minimum building site in an IND district shall be ten thousand square feet.
(1996 zoning code (part))
§ 18.10.050 Front yard.
There is no required front yard in an IND district.
(1996 zoning code (part))
§ 18.10.060 Side yard.
The required side yard in an IND district shall be five feet, except that a lot bordering on an R district shall have a minimum side yard of twenty feet.
(1996 zoning code (part))
§ 18.10.070 Rear yard.
There is no required rear yard in an IND district, except that any lot which borders on an R district shall have minimum rear yard of twenty feet.
(1996 zoning code (part))
§ 18.10.080 Noise.
Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association, Inc., New York, NY. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed; provided, that such noises shall be capable of being accurately measured with such equipment. Noises incapable of being so measured, such as those of an irregular and intermittent natures, shall be controlled so as not to become a nuisance to adjacent uses.
A.
At no point, either on the boundary of an R district or a commercial district or at one hundred twenty-five feet from the nearest property line of a plant or operation; whichever distance is greater, shall the sound pressure level of an individual operation or plant (other than the operation of motor vehicles and other transportation facilities) exceed the decibel levels at the designated octave bands shown hereafter for the district indicated.
Octave Band Cycles Per Second | Sound Level Residence* | Sound Level Commercial** |
|---|---|---|
0 to 75 | 67 | 73 |
75 to 150 | 62 | 68 |
150 to 300 | 58 | 64 |
300 to 600 | 54 | 60 |
600 to 1200 | 49 | 55 |
1200 to 2400 | 45 | 51 |
2400 to 4800 | 41 | 47 |
above 4800 | 37 | 43 |
Notes: |
|---|
* Maximum permitted sound level in decibels along R district boundaries or one hundred twenty-five feet from plant or operation property line. |
** Maximum permitted sound level in decibels along C district boundaries or one hundred twenty-five feet from plant or operation property line. |
(1996 zoning code (part))
§ 18.10.090 Maximum floor area, retail uses.
The maximum building floor area permitted for retail uses on any parcel having frontage on a major thoroughfare shall be determined by the planning commission as a part of the use permit review process.
(1996 zoning code (part))
§ 18.10.100 Screening of outdoor storage facilities.
All outdoor storage facilities on parcels fronting main thoroughfares shall be screened from public view by fencing and/or landscaping in accordance with the visual resources ordinance and all other applicable sections of the zoning code.
(1996 zoning code (part))
§ 18.11.010 Purpose and intent.
A.
Purpose. The purpose of the open space reserve and urban reserve district regulations are to:
1.
Reserve land within the city to meet the future needs for urban development, consistent with the local coastal program land use plan and the general plan and its elements.
2.
Allow for the continued use of lands designated urban reserve and open space reserve for agriculture, horticulture and floriculture as well as very low density residential uses until those areas are needed for urban development. For purposes of this chapter, "open field agriculture," "agriculture," and "horticulture" are synonymous, and include the growing of row crops, farm produce, vegetables, fruits, flowers, trees, ornamental flowers and shrubs.
3.
Protect continuing agriculture, horticulture and floriculture uses from intrusion of incompatible uses and activities.
4.
Prevent premature development of areas designated for future urban development before necessary public services would be available to those areas.
5.
Encourage the orderly conversion of parcels within the open space reserve and urban reserve districts to urban development through the use of planned unit development plans and similar planning tools. When consistent with the local coastal program land use plan and the general plan and its elements, and when adequate public facilities are or can be made available, land in the open space reserve and urban reserve districts may be rezoned to the planned development district, subject to the established procedures for amending the land use plan map and zoning district map, and subject to the development limitations set forth in the land use plan and general plan and its elements.
B.
Intent. The intent of this chapter is to establish the following reserve districts, and to provide for the orderly development of land within each district:
1.
UR–Urban Reserve District. To reserve areas of open land for continuing agricultural, floricultural and horticultural uses until such uses are no longer economically feasible; to provide for the reservation of these lands until other areas in Half Moon Bay designated in the local coastal program land use plan and map and general plan for the expansion of urban uses have been substantially developed; and to reserve these lands until adequate public facilities are available to serve the ultimate use of the property.
2.
OSR–Open Space Reserve District. To reserve areas of open space along the inland edge of the city for agricultural, horticultural, floricultural, timber or open space use until needed to meet demands for urban use. Lands in this district are intended only for low-density urban development or recreational use and only after all other areas designated for urban development in the local coastal program and general plan have been substantially developed.
(1996 zoning code (part))
§ 18.11.015 Permitted uses in OSR and UR districts.
Table 18.11.015 of this chapter establishes the uses permitted within each reserve district with any additional regulations identified. Additional regulations are specified in Section 18.11.020. Any uses that are not specifically listed in Table 18.11.015 or described in Section 18.11.020 are prohibited within the reserve districts.
Table 18.11.015 SCHEDULE OF USES IN OSR AND UR DISTRICTS | ||||
|---|---|---|---|---|
Key | Land Use | Allowed by Zoning | Use Permit Required | Additional Regulations |
1 | Agricultural: | |||
a | • Open Field | |||
Agriculture | UR, OSR | A-1 | ||
b | • Retail Sales | UR, OSR | A-2 | |
c | • Livestock | OSR | A-3 | |
2 | Residential: | |||
a | • Single-Family | UR | B-1 | |
b | • Single-Family | OSR | B-2 | |
c | • Employee Housing | UR | B-3 | |
3 | Public or Quasi-Public: | |||
a | • Park or Recreation | UR | C-1 | |
b | • Campground | UR | C-2 | |
c | • Utility, Minor | UR, OSR | C-3 | |
d | • Equestrian Center | UR | C-4 | |
4 | Temporary: | |||
a | • Animal Show or Rodeo | UR | D-1 | |
(1996 zoning code (part))
§ 18.11.020 OSR and UR district use regulations.
Additional regulations for permitted uses in each reserve district shall be met for the following uses:
A.
Agricultural.
A-1 Open Field Agriculture. No additional regulations specified.
A-2 Retail Sales. Retail sales on sites within the urban "reserve and open space reserve districts shall be limited to products produced on the premises. The installation of a temporary or permanent stand for display or sale of products is permitted only if located adjacent to or on the farm producing the products to be sold, and no stand shall be installed where the farm is less than five acres in size. Any agricultural sales stand shall provide sufficient off-street parking facilities to accommodate its peak period of customer service, and shall be inspected by the San Mateo County health officer.
A-3 Livestock. Livestock is not permitted in the urban reserve district. In the open space district, no livestock shall be grazed, housed or concentrated in an enclosure located closer than one hundred feet from any adjoining dwelling. No livestock shall be housed or concentrated in an enclosure located within one thousand feet of any R district or within one hundred fifty feet of any adjoining dwelling, except under the following conditions:
a.
On parcels having less than three acres, not more than five such animals per acre shall be kept or maintained.
b.
On parcels having more than five but less than ten acres not more than ten animals per acre shall be kept or maintained.
c.
On parcels having ten acres or more, not more than twenty such animals per acre shall be kept or maintained.
B.
Residential.
B-1 Single-Family. In the (UR) urban reserve district, one dwelling unit is permitted for the owner, manager or operator of the premises, subject to the approval of a use permit in each case.
B-2 Single-Family. In the (OSR) open space reserve district, one dwelling is permitted on each fifty acres of land, subject to the approval of a use permit in each case.
B-3 Employee Housing. In the (UR) urban reserve district residential structures are permitted as housing for those persons employed on the premises, subject to the approval of a use permit in each case.
C.
Public and Quasi-Public.
C-1 Park or Recreation. Open recreation activities such as public parks, pedestrian and bicycle trails, and horseback riding are permitted. Public parking for public recreation activities, amenities such as public restrooms, and visitor information centers are also permitted.
C-2 Campgrounds. Campgrounds are permitted in the (UR) urban reserve district, subject to the approval of a use permit in each case.
C-3 Utilities, Minor. Minor utility structures such as electrical distribution lines, underground water and sewer lines are permitted.
C-4 Equestrian Centers. Equestrian centers are permitted in the (UR) urban reserve district on sites with a minimum of fifty acres, subject to the approval of a use permit in each case.
D.
Temporary.
D-1 Animal Show or Rodeo. Subject to the approval of a use permit, rodeos or other exhibitions of domestic or large animals are limited to a maximum of seven consecutive days or two consecutive weekends including nights and days.
(1996 zoning code (part))
§ 18.11.025 OSR and UR district development standards.
Table 18.11.025 of this chapter provides a schedule of development standards for both reserve districts. These standards are to be observed in conjunction with all development within reserve districts.
Table 18.11.025 UR AND OSR DISTRICT DEVELOPMENT STANDARDS | ||
|---|---|---|
Characteristic | UR District | OSR District |
Minimum new subdivision lot area | 50 acres | 50 acres |
Minimum lot area per dwelling | 15 acres | 50 acres |
Minimum structure setback: | ||
• front yard | 25 feet | 25 feet |
• side yard | 25 feet | 25 feet |
• rear yard | 25 feet | 25 feet |
• from a residential district | 50 feet | 50 feet |
Maximum building height | ||
• single story | 16 feet | 16 feet |
• two story | 28 feet | 28 feet |
Minimum parking requirements: | ||
• single-family dwelling, garage | 2 | |
• employee dwelling, covered | 2 | |
• commercial or recreational parking determined during use permit review. | ||
(1996 zoning code (part))
§ 18.11.030 Conversion of a UR district to a PUD district.
Lands designated urban reserve on the land use plan map and zoning district map shall not be eligible for conversion to the planned unit development district or any other development approval and shall not receive a permit for any development, other than for uses permitted under the designation urban reserve, without benefit of certified amendments to the local coastal program (LCP) land use plan map and zoning district map and except when it can be demonstrated that the requirements of subsections A or B of this section are met and that also the requirements of subsection C of this section are met:
A.
In the case of land which is within an agricultural preserve and subject to a Williamson Act contract as of July 1, 1980, expiration of the Williamson Act contract.
B.
In the case of land which is not subject to a Williamson Act contract, the expiration of ten years from the effective date of the land use plan (certified by the California Coastal Commission in September, 1985).
C.
Regardless of the expiration of a Williamson Act contract or the passage of the ten year period, lands designated urban reserve will not be permitted to convert to urban uses until substantial development has occurred in areas designated for development on the land use plan map.
(1996 zoning code (part))
§ 18.11.035 Conversion of OSR district to a PUD district.
Lands designated open space reserve on the land use plan map and zoning district map shall not be eligible for conversion to the planned unit development district or for any other development approval and shall not receive a permit for development, other than for uses permitted under the open space reserve designation until all other land in the city designated for development on the land use plan map has been developed or is authorized for development, through a current, unexpired permit issued pursuant to Title 18 (zoning code) provisions, and until amendments to the local coastal program (LCP) land use plan map and zoning district map have been effectively certified. No division of such lands shall be permitted until development approval is obtained pursuant to this provision.
(1996 zoning code (part))
§ 18.11.040 Nonconforming structures and uses.
Existing nonconforming residential structures and uses within lands designated open space reserve and urban reserve may be maintained, repaired, and/or remodeled in accordance with all applicable development standards such as minimum lot size and width, setbacks, building height, lot coverage, and floor area ratio set forth in this title for the R-1 district. The procedures specified therein for use permits, exceptions and variances shall be followed as appropriate.
(1996 zoning code (part))
§ 18.12.010 Purpose and intent.
A.
Purpose. The purpose for adoption and implementation of these open space and conservation district regulations is to:
1.
Identify and preserve the major coastal recreational resource areas within the city for public use, including the beaches, bluffs and associated upland areas, to meet the recreational needs of both visitors and residents, and implement the regional public recreation designation of the land use plan;
2.
Encourage improved access to the beaches and bluffs along the coast as part of the establishment and development of recreational areas, both public and private, in the city;
3.
Preserve and protect sensitive habitat areas, and ensure that any development within the open space–active, passive, and conservation districts will be compatible with sensitive habitat areas;
4.
Preserve and protect the existing riparian corridors within the city that are associated with the two perennial streams–Frenchman's Creek and Pilarcitos Creek, including the Arroyo Leon tributary, and one intermittent stream, Arroyo Canada Verde;
5.
Preserve and protect park and playground areas within the city;
6.
Allow commercial recreation uses requiring large open sites to enhance and improve recreational opportunities within the city for visitors and residents.
B.
Intent. The intent of this chapter is to establish the open space–active, passive, and conservation districts as described herein, and to guide the use of land and orderly development within each district in a manner consistent with this title, the local coastal program, and the general plan:
1.
(OS-A) Active Open Space District. Establish areas for the preservation of active recreational opportunities within the city such as the public beaches, parks, playgrounds, outdoor sports and athletic facilities, recreational vehicle parks, and parking lots supporting recreational activities.
2.
(OS-P) Passive Open Space District. Establish areas for public hiking, biking, and equestrian trails, and public parking lots to support access to the trail system. Amenities shall be limited to restrooms, benches and picnic tables, drinking fountains, and trash receptacles.
3.
(OS-C) Conservation Open Space District. Establish areas for the preservation of important riparian and wildlife habitat areas within the city. Activities are limited to pedestrian trails only with amenities limited to trash receptacles and benches.
(1996 zoning code (part))
§ 18.12.015 Open space district general requirements.
Tables 18.12.015A through D of this chapter are intended to provide a reference to the range of permitted uses in the open space–active, passive, and conservation districts. Approval of a use permit is required for any use in any of the OS districts. All uses are subject to the specific regulations set forth in this title. Any use not expressly permitted is prohibited.
Table 18.12.015A PUBLIC USE SCHEDULE | ||||
|---|---|---|---|---|
Key | Public and Quasi- Public Use | OS-A District | OS-P District | OS-C District |
A-1 | Coastal Dependent | X | ||
A-2 | Cultural Institution | X | ||
A-3 | Government Office | |||
A-4 | Maintenance & Service | X | ||
A-5 | Public Park & Recreation | X | ||
A-6 | Public Safety Facility | X | ||
A-7 | Municipal Sports Facility | X | ||
A-8 | Minor Utility | X | ||
A-9 | Public Trail | X | X | X |
Table 18.12.015B COMMERCIAL USE SCHEDULE | ||||
|---|---|---|---|---|
Key | Commercial Use | OS-A District | OS-P District | OS-C District |
B-1 | On-site Eating or Drinking | X | ||
B-2 | Food or Beverage Retail | X | ||
B-3 | Equestrian Center | X | ||
B-4 | Visitor-Serving Retail | X | ||
Table 18.12.015C LODGING USE SCHEDULE | ||||
|---|---|---|---|---|
Key | Visitor Accommodation Use | OS-A District | OS-P District | OS-C District |
C-1 | Campground | X | ||
C-2 | RV Park | X | ||
Table 18.12.015D TEMPORARY USE SCHEDULE | ||||
|---|---|---|---|---|
Key | Temporary Use | OS-A District | OS-P District | OS-C District |
D-1 | Animal Shows | X | ||
D-2 | Commercial Filming | X | X | |
(1996 zoning code (part))
§ 18.12.020 Open space district use regulations.
Tables 18.12.015A through D of this chapter include references to additional regulations for the permitted uses in each open space and conservation district. The following additional regulations shall apply:
A.
Public and Quasi-Public Uses.
A-1 Coastal Dependent Use. In the open space–active district, priority is given to coastal dependent and related recreational activities and support facilities within a zone extending two hundred feet inland from the mean high tide line that are not within any coastal resource or conservation area as defined in this title. As defined in the Coastal Act, "coastal dependent" uses are those that require a site on or adjacent to the sea to be able to function at all. Uses include marinas, yacht clubs, charter fishing boats, and surfboard and boat rentals.
A-2 Cultural Institution. Only interpretive centers or museums displaying or preserving objects relating to the natural processes or the human history of the coastal area are permitted.
A-3 Government Office. Within the OS-A district, only government offices which are ancillary to the primary open space use of the site are permitted.
A-4 Maintenance and Service. Maintenance and service facilities are allowed within the OS-A district only as an accessory use directly related to a permitted park and recreation facility. Maintenance and service facilities shall be enclosed by a solid fence or wall and screened from view with landscaping in the manner specified by the planning commission.
A-5 Public Park and Recreation. Permitted uses include public parks and beaches, day visitor parking for shoreline access and recreation, public restrooms, visitor information centers, interpretive centers, access ways such as bicycle, equestrian and pedestrian trails, picnic areas and trash enclosures. Recreational uses that do not require extensive alteration of the natural environment shall be given priority on ocean front lands so long as they do not preclude or otherwise conflict with the priority for coastal dependent uses identified in subsection A-1 of this section. Off-road vehicles are not permitted under any circumstances within any OS district.
A-6 Public Safety Facility. Facilities for public safety and emergency services, including lifeguard, police and fire protection.
A-7 Municipal Sports Facility. Public play fields, swimming pools, driving ranges and golf courses, tennis courts, etc., are permitted within the OS-A district.
A-8 Minor Utility. Minor installations such as underground electrical distribution lines, underground water and sewer lines, and utility vaults.
A-9 Public Trail. In the OS-A and OS-P districts, nature walks and interpretive displays, and hiking, biking, and equestrian trails with ancillary parking lots, rest-rooms, benches, drinking fountains, and trash receptacles, are permitted, subject to conformance with the provisions of the resource conservation standards of the land use plan and this title.
B.
Commercial Uses.
B-1 Eating and Drinking Establishments. Eating and drinking establishments are permitted in the OS-A district only as an accessory use to a permitted park or recreation facility or a permitted commercial recreation use. Establishments that serve alcoholic beverages as the primary product and that do not offer a full service meal menu are not permitted. Facilities shall not exceed five hundred square feet in floor area and shall be no closer than two thousand linear feet from similar facilities within the open space–active, passive, and conservation district. These facilities are limited to areas either within or immediately adjacent to the existing parking lot areas and recreational vehicle park areas; no additional impervious surfaces will be permitted except for that required for the building itself.
B-2 Food and Beverage Retail Sales. Retail food and beverage sales are permitted in the OS-A district only as an accessory use to a permitted park or recreation facility or a permitted commercial recreation use. Facilities shall not exceed five hundred square feet in floor area and shall be no closer than two thousand linear feet from similar facilities within the open space–active, passive, and conservation district. These facilities are limited to areas either within or immediately adjacent to the existing parking lot areas and recreational vehicle park areas; no additional impervious surfaces will be permitted except for that required for the building itself.
B-3 Equestrian Centers. In the OS-A district, horse rental services, commercial stables, and riding academies must comply with the stable ordinance of the county of San Mateo, any similar ordinances that may be adopted by the city of Half Moon Bay, and receive a stable permit from the county.
B-4 Retail Sales, Visitor Oriented. In the OS-A district, limited visitor serving sales will be permitted only if ancillary to a permitted park or recreation facility or a permitted commercial recreation use. Facilities shall not exceed five hundred square feet in floor area, and shall be no closer than two thousand linear feet from similar facilities within the open space–active, passive, and conservation district. These facilities are limited to areas either within or immediately adjacent to the existing parking lot areas and recreational vehicle park areas; no additional impervious surfaces will be permitted except for that required for the building itself.
C.
Visitor Accommodations.
C-1 Campground. Campgrounds offering accommodations and areas for tent camping for temporary occupancy by the general public, are permitted in the OS-A district only.
C-2 Recreational Vehicle Park. Recreational vehicle parks for temporary occupancy by recreational vehicles are permitted within the OS-A district only.
D.
Temporary Uses.
D-1 Animal Shows. Rodeos or other exhibitions of domestic or large animals are limited to a maximum of seven consecutive days or two consecutive weekends including nights and days.
D-2 Commercial Filming. Commercial motion picture or video photography locations may be established for a maximum of seven consecutive days within both the OS-A and OS-P districts.
(1996 zoning code (part))
§ 18.12.025 Specific development standards.
All new development shall conform to the following:
A.
Minimum Setbacks. In all cases, the required setbacks shall be measured from boundary and/or property lines or from coastal resources as defined in this title, whichever is the more restrictive applicable standard. In conjunction with the review and consideration of a use permit, the planning commission may require setback distances greater than the established standards in order to minimize adverse visual impacts and conflicts between development and public access. In any case, informational signs may be placed within the required setbacks, subject to the restrictions of this chapter.
1.
All new structures, parking lots and other improvements shall be set back at least one hundred feet from any adjacent residential district.
2.
All new development shall comply with the provisions of this title for setbacks and buffers from any coastal resource or environmentally sensitive habitat area as defined in this title, the local coastal plan, and the general plan.
3.
Camping facilities shall be set back a minimum of one hundred feet from the beach, bluffs and near-shore areas reserved for day use activities.
4.
Recreational vehicle sites shall be set back a minimum of two hundred feet from the beach, bluffs and near-shore areas reserved for day use activities and shall be located so as to minimize visibility from the beach, any public rights-of-way, and R districts.
5.
Hiking and biking trails and lateral and vertical accessways may be established anywhere within the boundaries of the district so long as there is no conflict with the standards of protection for coastal resources and environmentally sensitive habitat areas as defined in this title, the local coastal plan, and the general plan.
6.
Equestrian trails may be located no closer than fifty feet from any R district and no closer to any coastal resource than the standards for their protection as defined in this title.
7.
All new construction in any zoning district adjacent to the boundary of public shoreline recreation ownership shall maintain a minimum setback of fifteen feet from the boundary lines or from any recreational use permitted by this chapter.
B.
Maximum Structure Height.
1.
The maximum height for any structure other than those provided for in subsection (B)(2) of this section shall be sixteen feet, as measured from the highest point of the building to established grade directly below that highest point.
2.
The planning commission may grant an exception to the height limitation established in subsection (B)(1) of this section for only public safety facilities such as police or fire buildings, public park and recreation facilities such as backstops for baseball diamonds, or maintenance and service facilities for publicly owned or operated park and recreation uses. Exceptions to the height limitation shall not be granted for any other structure or use.
C.
Additional Standards.
1.
Landscaping and Screening. Landscaping or other forms of screening shall be required for parking areas visible within established scenic corridors or other natural or undisturbed state or an agricultural use. Landscaping or other screening shall be installed and maintained so that parking and structures are reasonably blocked from view within five years of project completion.
2.
Parking. Adequate on-site parking facilities shall be required in accordance with the provisions of this title.
3.
Signs. Off-site signs are prohibited in the open space and conservation districts. Regulations for establishment of on-site signs are as follows:
a.
Except as provided herein, all new signs shall be reviewed and approved by the planning commission, who may consider the recommendation of any city council appointed advisory committee or commission, as a part of the required use permit.
b.
One identification sign not to exceed twenty square feet on each face shall be permitted for any public or commercial recreation use permitted by this chapter. The height shall not exceed fifteen feet.
c.
Exterior advertising for on-site uses shall be reviewed and approved by the planning commission, who may consider the recommendation of any city council appointed advisory committee or commission, as a part of the required use permit.
(1996 zoning code (part); Ord. C-2019-03 § 2(Exh. A)(part), 2019)
§ 18.12.030 Coastal resource conservation standards.
All development occurring in or adjacent to coastal resource areas and environmentally sensitive habitat areas as defined in this title, the local coastal plan, and the general plan shall adhere to the applicable standards set forth therein. Where a conflict occurs between the standards of this chapter and those applicable to coastal resources and environmentally sensitive habitat areas, the more restrictive shall apply.
(1996 zoning code (part))
§ 18.12.035 Nonconforming structures and uses.
Existing nonconforming uses such as the state parks employee residences or structures that exceed the maximum height of sixteen feet may be repaired and maintained as necessary without the need for securing a use permit provided no structural alterations resulting in an increase in floor area or the number of units are proposed. Structural alterations shall be limited to maintenance and repair activities.
(1996 zoning code (part))
§ 18.12.040 New or additional dwellings prohibited.
No new or additional dwelling units, including state parks employee housing, shall be permitted within any of the open space districts governed by this title.
(1996 zoning code (part))
§ 18.13.010 Purpose and intent.
The A-1 Agricultural Land Use Zoning District is intended to facilitate primary agricultural uses, excluding the breeding, raising and keeping of livestock.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.015 Applicability.
The following regulations, as designated in this chapter, shall apply in all A-1 districts.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.020 Permitted uses.
Uses permitted in the A-1 district include the following:
A.
Nurseries, greenhouses and field crops for the propagating and cultivating of cut flowers and plants for medicinal, horticultural, floricultural and/or agricultural purposes, including those associated with the production of food, fuel and/or fiber; provided, that no retail sales shall be allowed;
B.
Research and development facilities related to horticultural, floricultural and/or agricultural production, including offices, storage facilities and other ancillary uses that support research and development, and agricultural operations;
C.
Single-family dwellings which are accessory to the permitted uses, including buildings for help employed on the premises;
D.
Retail sales are permitted on-site; provided, that such sales are accessory to the principal permitted uses.
(Ord. C-08‑10 § 1(Exh. A(part)), 2010)
§ 18.13.030 Building height limit.
The building height limit in the A-1 district shall be two and one-half stories, but not exceeding thirty-five feet; provided, however, that well derricks, windmills and tank houses may be constructed to a height not to exceed sixty feet.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.040 Minimum lot or building site area.
Each single-family dwelling, together with its accessory buildings, hereafter erected as incidental to the operation of any use permitted in this chapter shall be located on a building site having an area of not less than one-half acre and an average width of one hundred feet; provided, that there may be two dwellings constructed on a parcel where the ownership is at least five acres, and for each additional three acres of ownership an additional dwelling may be constructed. In no instance shall there be more than four dwellings allowed on a single parcel in the A-1 district. The minimum new lot size shall be fifteen acres; no existing lot smaller than fifteen acres in size shall be divided into smaller parcels. Any new dwelling allowed in this district must be for accessory use only.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.050 Front yard.
In the A-1 district, each lot shall have a front yard not less than fifty feet in depth.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.060 Side yard.
In the A-1 district, each lot shall have side yards not less than twenty feet in width.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.070 Rear yard.
In the A-1 district, each lot shall have a rear yard not less than twenty-five feet in depth.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.13.080 Distance between buildings.
No dwelling shall be located closer than twenty-five feet to any other dwelling on the same parcel.
(Ord. C-8-10 § 1(Exh. A(part)), 2010)
§ 18.14.010 Applicability.
The following regulations, as designated in this chapter, shall apply in all A-2 districts.
(1996 zoning code (part))
§ 18.14.020 Permitted uses.
Uses permitted in the A-2 district include the following:
A.
All agricultural uses, with the exception of hog ranches; provided, however, that livestock shall be kept in accordance with the following regulations:
1.
No small livestock shall be housed or concentrated in an enclosure located closer than one hundred feet from any adjoining dwelling,
2.
No livestock, other than small livestock as defined in this title, shall be housed or concentrated in an enclosure located within one thousand feet of any R district boundary or within one hundred fifty feet of any adjoining dwelling; except on the following conditions:
a.
On parcels of less than three acres, not more than five such animals per acre shall be kept or maintained,
b.
On parcels more than five but less than ten acres, not more than ten animals per acre shall be kept or maintained,
c.
On parcels ten acres or more, not more than twenty such animals per acre shall be kept or maintained,
d.
For raising of sheep or goats, the permissible number of animals per acre shall be multiplied by three;
B.
The sale of the products of any permitted use produced upon the premises. This may include the erection of a temporary or permanent stand for display or sale of products (except livestock). Said stand shall provide sufficient off-street parking facilities to accommodate its peak shopping period. Temporary or permanent roadside stands are permitted only adjacent to the farm producing the products to be sold and no stand shall be erected where said farm is less than five acres in size; provided, that any such stand shall be inspected and approved by the county health officer;
C.
Accessory building customarily incidental to the permitted use, including residential structures accessory to the primary agricultural uses;
D.
Dog kennels, commercial dog raising establishments and dog training schools, subject to securing a use permit to each case; provided, that no such use shall be permitted within five hundred feet of a residential district. The planning commission shall require as a condition of any use permit adequate provisions for surfaced floors and runs, drainage, fencing and other facilities to assure sanitary maintenance.
(1996 zoning code (part))
§ 18.14.030 Building height limit.
The building height limit in the A-2 district shall be two and one-half stories, but not exceeding thirty-five feet; provided, however, that well derricks, windmills and tank houses may be constructed to a height of not to exceed sixty feet.
(1996 zoning code (part))
§ 18.14.040 Minimum area of lot or building site.
Each single-family dwelling, together with its accessory buildings, hereafter erected as incidental to the operation of any use permitted in this chapter shall be located on a building site having an area of not less than one acre and an acreage width of one hundred fifty feet; provided, that, only in conjunction with the agricultural use of the land as a farm residence or a farm labor residence, there may be two dwellings constructed on a parcel where the ownership is at least three acres, and for each additional three acres of ownership an additional dwelling may be constructed.
(1996 zoning code (part))
§ 18.14.050 Front yard.
In an A-2 district, each lot shall have a front yard not less than fifty feet in depth.
(1996 zoning code (part))
§ 18.14.060 Side yard.
In an A-2 district, each lot shall have side yards not less than twenty feet in width.
(1996 zoning code (part))
§ 18.14.070 Rear yard.
In an A-2 district, each lot shall have a rear yard not less than twenty-five feet in depth.
(1996 zoning code (part))
§ 18.14.080 Distance between dwellings.
No dwelling shall be located closer than twenty-five feet to any other dwelling on the same parcel.
(1996 zoning code (part))
§ 18.15.010 Intent and purpose.
This district is intended to provide for a variety of land uses, such as attached and detached single-family residential development, multiple-family housing development, professional and administrative areas, commercial and industrial uses, institutional uses, and public and private open space and recreation opportunities through the adoption of a comprehensive development plan as set forth in the city general plan and this chapter. The intent of establishing the planned unit development district is to:
A.
Implement the plans and policies of the adopted city land use plan, or general plan, and the land use plan map;
B.
Establish regulations and procedures for the preparation, review, and approval of planned unit development plans to guide the orderly development of land within this district;
C.
Establish a procedure for the administration of specific plans and precise plans, prepared in accordance with the state Government Code and consistent with the Half Moon Bay land use plan;
D.
Provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment that can result from requiring that an entire area be planned as a unit and developed under a single plan;
E.
Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding properties, neighborhoods, and the city;
F.
Avoid piecemeal development and provide for the replatting of old subdivisions for development under a comprehensive planning document;
G.
Avoid monotony by allowing greater flexibility in the design and development of land within this district;
H.
To ensure that a minimum of twenty percent of the site area in any planned unit development is provided in public and/or private open space;
I.
Encourage variety and diversification of land uses; and
J.
Provide flexibility required for achievement of coastal access goals, protection of coastal resources, provision of open space and recreation areas, and avoidance of siting structures in hazardous areas.
(1996 zoning code (part))
§ 18.15.015 Applicability and zoning designation.
A.
The planned unit development district may be applied to areas within the city that are designated for planned development by the city general plan, whether for a planned unit development, specific plan, precise plan or other similar development plan, and to other areas within the city subject to the approval of a planned unit development plan. The provisions of this chapter shall apply to the preparation, review and adoption of specific plans developed consistent with the city general plan and state Government Code Sections 65450 through 65456.
B.
A PUD district shall be indicated on the zoning map by the designation "PUD."
C.
The minimum site area for a planned unit development district or planned unit development plan shall be one acre.
(1996 zoning code (part))
§ 18.15.020 Rezoning to a planned unit development district.
Reclassification of land from any district to the planned unit development district shall be in accordance with the procedures specified herein and in this title. A rezoning amendment to a planned unit development district may be initiated in one of two ways:
A.
Initiated by Property Owner(s). An application for a rezoning from any district to the planned unit development district may be filed by a property owner or authorized agent. As part of an application for a rezoning to the planned unit development district, a planned unit development plan meeting the criteria of this title shall be filed concurrently. If a site is under multiple ownerships, all owners shall be notified of the filing of the application and the time, place, and date of the public hearing, and a brief description of the proposed planned unit development plan.
B.
Initiated by Planning Commission or City Council. The planning commission or the city council may initiate a rezoning amendment to reclassify property to the planned unit development district as necessary to implement the goals and policies of the city general plan.
(1996 zoning code (part))
§ 18.15.025 Permitted land uses.
Only the following uses shall be permitted on any site within a planned unit development district:
A.
Uses Consistent with the General Plan, Adopted Planned Unit Development Plan, Specific Plan or Precise Plan. Permitted uses, densities, and intensities shall be consistent with those established in the land use plan, general plan or an approved planned unit development plan or specific plan, for the site.
B.
Continuation of Existing Uses. The continuation of an existing land use prior to the adoption of a planned unit development plan as provided for in this chapter may be incorporated into the overall development plan if the existing use is consistent with the general plan and this chapter, or the existing use shall terminate in accordance with a specific abatement schedule approved as a part of a planned unit development plan for the site.
C.
Interim or Temporary Uses. Interim or temporary uses and structures when approved by the community development director or the planning commission when consistent with the general plan and will not impact the health, safety, and general welfare of persons working or residing in the vicinity of the proposed temporary use or building, and any other ordinances or policies of the city, subject to the following conditions:
1.
Temporary Uses and Structures Not to Exceed Ninety Days. The community development director may authorize the temporary use of structures and land in any planned unit development district for a period of time not to exceed ninety days. Prior to taking action on a request for temporary uses and/or structures, the community development director shall inform the planning commission and any other party requesting such information of the request. The action of the community development director may be appealed pursuant to the provisions of Section 18.22.200.
2.
Temporary Uses and Structures in Excess of Ninety Days. The planning commission may authorize the temporary use of structures or land in any planned unit development district for periods of time in excess of ninety days, subject to the review and approval of a use permit in each case. In approving a use permit for the temporary use of structures or land, the planning commission may impose whatever conditions deemed necessary to assure that the purpose and intent of the general plan and this chapter are carried out. The use permit shall establish a specific point in time when the temporary use is to be terminated and the site restored. The planning commission may authorize additional extensions of time for temporary use permits at a duly noticed public hearing.
D.
Home Occupations. Home occupations are allowed subject to the requirements of Section 18.06.025(F).
E.
Short-Term Vacation Rentals. Short-term vacation rentals are allowed subject to the requirements of Section 18.06.025(G).
(1996 zoning code (part); Ord. C-8-11 § 3, 2011; Ord. C-2015-04 § 1(part), 2015; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.15.030 Review of a planned unit development plan.
Planned unit development plans shall be reviewed in accordance with the process established in this title, including, but not limited to, required plans and materials, public notice, and public hearings, subject to the following additional requirements:
A.
At least thirty days prior to submitting an application for a planned unit development plan, or an amendment to a previously approved and adopted planned unit development plan, the applicant shall consult with the community development director to ensure that any proposal submitted will be consistent with the provisions of this chapter and the general plan, and to begin the early consultation process for any required environmental documentation and conformance with the residential dwelling unit building permit allocation system ordinance.
B.
At such time as the community development director determines that an application meets the requirements of this title in a form acceptable to the community development director, it may be accepted as complete.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)
§ 18.15.035 Content of a planned unit development plan.
Applications for planned unit development plans shall be submitted in a format approved by the community development director.
In addition to any other information required by this chapter and any information and materials required for a zoning amendment under this title, any application for adoption of or an amendment to a previously approved planned unit development plan shall, at a minimum, include the following information and materials:
A.
A detailed description of the proposed uses and their densities and intensities;
B.
A map showing the district boundaries and the relationship of the uses and densities and intensities proposed with any existing uses within a three hundred-foot radius of the site;
C.
A map or maps showing all of the following on the site and within a three hundred-foot radius from the boundaries of the proposed planned unit development:
1.
Topographic data at contour intervals of not less than ten feet,
2.
The type, location, and condition of any trees, riparian habitats and vegetation, wetlands, and environmentally sensitive habitat areas,
3.
The nature and extent of any coastal resources such as dunes, or bluffs,
4.
The nature and extent of any known or potential areas of cultural, archaeological, or paleontological significance;
D.
The proposed pattern of land use with the acreage and densities or intensities of each use proposed;
E.
A detailed description of the proposed development standards, including but not limited to proposed minimum site requirements, setbacks, parking requirements, building heights, and any other criteria related to the physical development of the site;
F.
The proposed street and lot pattern;
G.
All on-site and off-site roadway improvements necessary to support the proposed development or to mitigate impacts to the local circulation system;
H.
Typical building elevations;
I.
The location and total acreage of all open space areas to ensure that the minimum of twenty percent of the gross site area is provided in public and/or private open space, and the nature and extent of any developer funded improvements to these areas;
J.
A preliminary landscape plan;
K.
Preliminary grading plans;
L.
An initial study prepared consistent with the California Environmental Quality Act, the state CEQA Guidelines and city policy;
M.
Any improvements necessary to achieve enhanced public access to coastal resources;
N.
A schedule of anticipated development, including the anticipated commencement of construction and occupancy and the timing of any subsequent phases;
O.
A completed subdivision application that meets the requirements of Title 17 where the proposed planned unit development plan includes the subdivision of land;
P.
A description of any proposed management organization, such as a homeowners association, that will be responsible for the perpetual maintenance of any common areas; and
Q.
Any other plans or information determined to be necessary by the community development director.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)
§ 18.15.040 Required findings of fact.
The planning commission shall not forward its recommendation, and the city council shall not approve a planned unit development plan unless the following required findings for approval are made and incorporated into the adopted planned unit development plan:
A.
That the planned unit development plan is consistent with the adopted general plan, this chapter, and all other applicable policies and ordinances of the city;
B.
That the planned unit development plan is compatible with surrounding land uses;
C.
That the adoption and implementation of the planned unit development plan will result in superior design and development of the site;
D.
That the planned unit development plan meets the requirements of any annual dwelling unit allocation system adopted by the city;
E.
That adoption and implementation of the planned unit development plan will not exceed the capacity of existing or planned infrastructure systems, including but not limited to sewer, water, natural gas, electricity, police and fire protection;
F.
That, if adequate utilities, infrastructure, and public services are not available to serve all of the proposed development possible under the planned unit development plan, the plan contains phasing controls or requirements for utility improvements that ensure that demands from proposed development does not exceed utility capacity;
G.
That the applicant, or planning commission and city council, have incorporated all appropriate measures and conditions in the planned unit development plan necessary to mitigate any potential adverse impacts identified during the public review process.
(1996 zoning code (part))
§ 18.15.045 Implementation of a planned unit development plan.
A.
Use Permit Required. Approval of a use permit is required in conjunction with all planned unit developments to ensure that development is in conformance with the provisions of the adopted plan. For planned unit developments that will be phased, the planning commission shall review the use permit and planned unit development plan for conformity prior to the issuance of any permits for subsequent phases. The planning department and public works department shall ensure that all activities within a planned unit development district are undertaken and completed in conformance with the provisions and conditions of the planned unit development plan and use permit.
B.
Effective Date. A planned unit development plan shall be effective thirty days after final adoption by the city council.
C.
Expiration of the Planned Unit Development Plan. Unless otherwise approved by the city council, a planned unit development plan shall expire two years after its effective date unless a building permit has been issued, construction diligently pursued, and substantial funds invested.
D.
Renewal or Extension of a Planned Unit Development Plan. The city council may, upon the recommendation of the planning commission, extend the planned unit development plan a maximum of one year beyond the initial two year period if, at a duly noticed public hearing, it determines that the applicant has diligently pursued implementation of the planned unit development plan but was delayed as a result of factors and forces beyond the applicant's immediate control.
(1996 zoning code (part))
§ 18.15.050 Amendment of a planned unit development plan.
Amendments to an adopted planned unit development plan shall follow the procedures for application, review and adoption of a planned unit development plan established in this chapter.
(1996 zoning code (part))
§ 18.15.065 Status of a previously adopted PUD plan.
Amendments to a planned unit development plan adopted prior to the effective date of the ordinance codified in this title shall follow the procedures specified in this chapter.
(1996 zoning code (part))
§ 18.16.005 Purpose.
The purpose of this planned unit development plan is to guide the orderly development of the Dykstra Ranch property consistent with the goals, objectives, and policies of the city local coastal plan and municipal code. The development standards set forth herein represent the required conditions imposed upon the development in conjunction with the approval of the vesting tentative map, the mitigation measures set forth in the certified final environmental impact report, and the requirements of the site and design permit.
(1996 zoning code (part))
§ 18.16.010 Intent.
It is the intent of the city and the property owner that the Dykstra Ranch property shall be a detached single-family residential development clustered within dedicated open space areas. The planned unit development plan will serve as the zoning ordinance for the one hundred fifteen acre Dykstra Ranch property as shown on the Dykstra Ranch planned unit development plan, incorporated herein as Exhibit A attached to the ordinance codified in this chapter. Prior to issuance of any permits for development on the property, all appropriate conditions set forth herein and in the final subdivision map shall be incorporated into the final project plans.
(1996 zoning code (part))
§ 18.16.015 Phasing of development.
This development is to be constructed in phases. It is recognized that there are several requirements contained herein that obligate the developer to receive approval from the city and various state and federal agencies for future phases. These requirements shall be fulfilled prior to the issuance of any permits or entitlements to develop future phases.
(1996 zoning code (part))
§ 18.16.020 Amendment required.
In the event that proposals for subsequent phases of development result in a conflict with the provisions contained herein, an amendment to this planned unit development plan shall be approved by the city in accordance with the provisions of the municipal code.
(1996 zoning code (part))
§ 18.16.025 Permitted uses.
The following uses are permitted within the Dykstra Ranch planned unit development:
A.
Single-family residences on separate lots;
B.
Accessory uses which are directly related to and incidental to the primary residential use of the property, including but not limited to living quarters for persons employed as service to the residents;
C.
Public parks and recreational facilities as shown on the Dykstra Ranch planned unit development plan;
D.
Private parks and open space as shown on the Dykstra Ranch planned unit development plan;
E.
Community centers, tennis courts, and other private recreational facilities owned and operated by the homeowners association for the use and enjoyment of the residents;
F.
Public utility structures and facilities required for the service of the development;
G.
Temporary sales centers, construction yards and structures, signs and other facilities required for the development and marketing of the property. All signs and any temporary structures or construction yard sites intended to exist for more than one year shall be subject to the approval of the community development director;
H.
Home occupations are allowed subject to the requirements of Section 18.06.025(F);
I.
Short-term vacation rentals are allowed subject to the requirements of Section 18.06.025(G);
J.
Other uses which in the opinion of the community development director are consistent with the intent and purpose of this planned unit development plan.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015; Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.16.030 Prohibited uses.
Any retail, office, or commercial activity or use is prohibited in the Dykstra Ranch planned unit development.
(1996 zoning code (part); Ord. C-2023-02 § 2(Att. A), 2023)
§ 18.16.035 Residential development standards.
The following design and development criteria shall be incorporated into any proposed residential construction:
A.
Minimum Lot Size. The minimum lot size for any residential development site shall be six thousand five hundred square feet, with a minimum average lot width of sixty-five feet. A minimum frontage of thirty feet shall be provided on any street or cul-de-sac.
B.
Building Footprints. A building footprint shall be established for each lot and shall be shown on the final map. All structures including the residence, detached garages, decks, privacy fencing, and accessory buildings or facilities shall be constructed within the building footprint for each lot as established on the final map. The minimum standards or criteria for establishing the building footprint for each lot shall be as forth in this chapter.
C.
Residential Building Setbacks.
1.
All building setbacks shall be measured from the back of sidewalk where provided and from the back of curb where no sidewalk is provided;
2.
These standards shall apply to the residential structure, attached and detached garages, and all accessory buildings;
4.
A minimum front yard setback area of eighteen feet shall be maintained for all portions of the residential structure;
5.
Each lot shall maintain a minimum side yard setback area of five feet provided there is a minimum separation of fifteen feet between residential structures on adjacent or contiguous lots;
6.
A minimum rear yard setback area of twenty feet shall be maintained for all portions of the residential structure. In those cases where the residential building site abuts a required habitat buffer zone or other environmentally sensitive area designated on the final map, the planning commission may establish a reduced or increased rear yard setback area, which shall be reflected on the building footprint established for the lot on the final map;
7.
All detached garages with the entry door parallel to the street shall maintain a minimum front yard setback area of eighteen feet, and shall have a sectional garage door;
8.
All detached garages with the entry door perpendicular to the street shall maintain a minimum front yard setback area of ten feet, and shall have a sectional door. The driveway shall provide a minimum area of at least eighteen feet wide by eighteen feet deep for the parking of vehicles. Where a driveway length of less than twenty feet is proposed a sectional garage door shall be provided.
D.
Building Height.
1.
No part of any structure except a chimney shall be permitted to exceed a maximum height of thirty feet, as measured from any portion of the building to the grade of the lot directly below any point from which a measurement of the building is taken;
2.
Chimneys may exceed the height limit only to the extent required to conform with the Uniform Building Code, but in no event shall the chimney exceed a maximum height of thirty-two feet as measured from the highest point of the chimney to the grade directly below;
3.
The mid-point of any roof line as measured between the ridge line or highest point of the roof and the end of the eaves shall not exceed a maximum height of twenty-five feet as measured from the grade directly below.
E.
Maximum Lot Coverage. The maximum coverage permitted for the main dwelling and garage is thirty-five percent, with any accessory uses such as gazebos, patios, and decks required to meet the setback requirements set forth in subsection C of this section.
F.
Residential Parking Requirements.
1.
An enclosed two car garage with minimum interior dimensions of twenty feet by twenty feet shall be provided for each single-family residence;
2.
Guest parking shall be provided at a ratio of one space for each residence, and shall be shown on the final map as a part of the roadway easements subject to an irrevocable offer of dedication to the city.
G.
Fences.
1.
Perimeter fences located on side or rear property lines are prohibited;
2.
Privacy fencing shall be restricted to patio and court areas located within the building footprint for each lot as shown on the final map;
3.
Privacy fencing shall be limited to a maximum height of six feet as measured from the highest point of the fence to grade directly below.
(1996 zoning code (part))
§ 18.16.040 Recreational facilities.
The following shall apply to the public and private recreational facilities within the Dykstra Ranch planned unit development:
A.
A clubhouse and community center may be provided for the project residents. These facilities would be owned and maintained by the project homeowners association;
B.
The design and location of the clubhouse and community center shall be subject to the review and approval by the planning commission of a site and design permit as set forth in the city zoning code;
C.
Land shall be offered for dedication for public parks as provided for in the city municipal code. Said offers of dedication may be phased in conjunction with the recordation of final maps;
D.
Private park and recreation facilities may be provided within the Dykstra Ranch planned unit development for the exclusive use of the residents of the project. Any private park shall be owned and operated by the homeowners association and shall be shown on the final map;
E.
A recreational trail network for pedestrians may be provided within the open space areas. Said recreational trail network shall be designed, constructed, and maintained in a manner consistent with the intent, purpose, and contents of this title. Said trail shall provide a minimum width of three feet and shall be paved with crushed and rolled rock or other suitable all weather surface. If deemed necessary and appropriate by the community development director, the proposed location of the trail shall be subject to the review and approval of the California Department of Fish and Game and the Army Corps of Engineers;
F.
If future conditions warrant, other recreational facilities may be provided for the residents of the development. The community development director shall review any proposed public or private recreational facilities not specifically addressed in this title or shown on the Dykstra Ranch planned unit development plan. If deemed necessary and appropriate, the community development director may require planning commission review and approval of a site and design permit in accordance with the provisions of the zoning code.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)
§ 18.16.045 Development adjacent to sensitive habitat.
The final map shall show all of the riparian corridors and habitats and any other environmentally sensitive areas, and the extent of any required buffer zones. The following standards shall be applied to all development within or adjacent to these areas designated on the final map:
A.
That there shall be no landform alteration or grading, no vegetation or soil removal of any kind, and no introduced landscaping planted within the buffer zones surrounding the environmentally sensitive habitat areas or riparian corridors as shown on the final map, except as may be required to correct drainage problems, repair erosion damage, remove hazardous conditions, and provide for fire safety. Prior to the commencement of any activities within these areas as shown on the final map, the community development director shall review the details of the proposed activities. If the community development director determines it to be necessary and appropriate, plans for the proposed activities shall be forwarded to the California Department of Fish and Game, Army Corps of Engineers, or any other county, state, or federal agency with review and/or permit authority over the proposed activities;
B.
That deed restrictions shall be recorded against all properties adjacent to or abutting the environmentally sensitive habitat areas and buffer zones ensuring that all purchasers and subsequent owners of the property are informed of the development restrictions in these areas;
C.
The United States Army Corps of Engineers has established jurisdiction over specified wetland areas located within the boundaries of the Dykstra Ranch planned unit development. A Section 404 permit will be required prior to the approval of any final map that differs from the approved vesting tentative map. Conditions of that permit shall be binding to all parties of the development of the site and shall be incorporated into the final map as conditions of approval.
D.
The California Department of Fish and Game has statutory jurisdiction over stream beds and other riparian areas. A Section 1601 permit may be required prior to the approval of any final map if the area covered by the final map involves any stream bed or riparian area. Conditions of that permit shall be binding to all parties to the development of the site and shall be incorporated into the final map as conditions of approval.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)
§ 18.16.050 Preservation of streams, wetlands habitats, and lake.
The following shall apply to all development within the Dykstra Ranch planned unit development area:
A.
That approval by the United States Army Corps of Engineers is required for any activities involving the streams and drainage courses;
B.
Each development phase will require consultation with the California Department of Fish and Game to insure that the streams and habitats are adequately protected. A Section 1601 permit issued by the Department of Fish and Game may be required for each phase of the development;
C.
That the discharge of any swimming pool water or any other materials into any of the creeks, streams, drainage courses, or the lake is strictly prohibited;
D.
That the proposed check dams in the intermittent creek channels shall be approved by the Department of Fish and Game and Army Corps of Engineers. The existing dense vegetation shall be preserved to the maximum extent practicable. Any required thinning of the existing vegetation shall be kept to a minimum in order to reduce potential erosion of the stream banks.
(1996 zoning code (part))
§ 18.16.055 Preservation of the pond.
A.
The following policies, programs, and requirements shall be conformed with at all times:
1.
The existing agricultural pond shall be retained and upgraded as a visual amenity and wildlife habitat;
2.
Swimming, boating, fishing, and any other form of contact or noncontact activity on or in the lake is strictly prohibited;
3.
Life safety and emergency equipment, including an emergency telephone shall be installed and maintained adjacent to the lake at a location approved by the police chief and fire chief;
4.
That all areas of the pond that are less than four feet in depth shall be lined with either a gas permeable membrane, concrete, cemented cobbles, or other material approved by the Department of Fish and Game and Army Corps of Engineers that will prevent aquatic plants from rooting on the pond bottom;
5.
That in order to limit the amount of nutrients entering the pond, a slight trough shall be constructed around the perimeter. Surface runoff shall be collected in this trough and routed to the approved storm drain system;
6.
That in order to reduce the potential negative impacts from landscaping irrigation, all introduced plant species shall be of drought tolerant varieties;
7.
Pumps shall be installed to circulate the water in the pond to maintain the water quality.
B.
The developer shall enter into a contract with a qualified water quality expert and/or chemist, the form and content of which is satisfactory to the city attorney, that will provide the following services:
1.
At least once a month during the period between April and October the pond shall be examined by a qualified professional chemist or biologist. Field data recorded at the time of the inspection shall include:
Field Data List |
|---|
Water temperature |
Clarity (Secchi disk) |
Dissolved oxygen (mg/1) |
Presence and extent of algae |
Notable levels of sedimentation |
2.
During each periodic inspection, two water samples shall be collected, one from each end of the pond. Samples shall be taken from a depth of one foot below the surface in the upper half of the water column. The two water samples should be analyzed for chlorophyll a, nitrate nitrogen, and total phosphorus;
3.
Should filamentous algae growth occur in notable quantities along the pond slopes, manual removal of the algal mass with long-handled rakes or nets shall be implemented as a first response. If the growth is prolific across the pond, or if planktonic algae becomes sufficiently dense to begin forming mats, the application of the algaecide Cutrine may be used upon approval for each application by the Regional Water Quality Control Board and California Department of Fish and Game;
4.
Should the consultant determine that sedimentation is affecting the water quality of the pond, the pond may be drained only in the fall prior to the rainy season. Accumulated sediment may be removed.
C.
The results of the above described monitoring program shall be forwarded to the community development director and the Regional Water Quality Control Board. In the event that the Regional Water Quality Control Board determines that it is no longer necessary to continue this monitoring program, the developer may apply for an amendment to this planned unit development plan to delete this condition.
D.
That the developer shall provide financing for equipment and training to meet the Half Moon Bay fire protection district specifications in order to ensure that emergency rescue operations related to the pond are possible.
(1996 zoning code (part); Ord. C-2015-04 § 1(part), 2015)
§ 18.16.060 Development above the one hundred sixty-foot contour.
The following shall apply to all properties that have a portion of the lot above the one hundred sixty-foot contour:
A.
There shall be no landform alteration, grading, vegetation or soil removal, or above or below grade construction of any kind above the one hundred sixty-foot contour as shown on the final map except where and when necessary to correct or prevent erosion or other conditions related to the stability of the soils and the installation of facilities necessary to accommodate on-site drainage. Where remedial work is performed above the one hundred sixty-foot contour, the site will be graded, planted, and otherwise returned to its natural state or as it existed prior to the commencement of the remedial work;
B.
That no part of any building footprint for any lot shall be permitted above the one hundred sixty-foot contour, as shown on the final map;
C.
That in order to ensure that development does not occur above the one hundred sixty-foot contour, deed restrictions shall be recorded against any lot which abuts or crosses the one hundred sixty-foot contour. Said deed restrictions, the form and content of which is satisfactory to the city attorney, shall restrict all grading, landscape removal, and above or below grade construction activity or improvement of any kind to the one hundred sixty-foot contour or below. Deed restrictions shall be recorded at the time final maps are recorded.
(1996 zoning code (part))
§ 18.16.065 Grading, soils, and drainage.
The developer and any successors in interest or assigns shall be subject to the following minimum criteria for the initial and subsequent phases of development:
A.
That all site preparation and grading shall be in conformance with an approved grading plan, prepared by a licensed engineer based upon the Harlan, Miller, and Tait report dated June, 1986, or other geotechnical report approved by the city engineer;
B.
That an erosion control plan and a drainage plan shall be prepared by a licensed engineer that conforms with all applicable codes and policies of the city, the Association of Bay Area Governments (ABAG), the Department of Fish and Game, the Army Corps of Engineers, and the provisions of this chapter;
C.
That the recommendations contained in the Harlan, Miller, and Tait report dated July, 1987, or similar report approved by the city engineer, shall be incorporated into the proposed gully repair program;
D.
That a drainage plan shall be prepared by a licensed engineer. This drainage plan shall include provisions for the reduction of soil creeping and other potential forms of weakening. Surface and subsurface drainage facilities shall direct water into approved drainage systems, which may include the natural drainage channels and the existing pond;
E.
The major stream channels in the development areas shall be incorporated into the drainage system and may be modified as necessary, based upon approval by the Department of Fish and Game and Army Corps of Engineers.
(1996 zoning code (part))
§ 18.16.070 Streets, traffic, and circulation.
The following criteria shall apply to the initial phase of development and all subsequent phases:
A.
That all streets are to be private, subject to an irrevocable offer of dedication to the city, except for Foothill Boulevard, which shall be dedicated to the city;
B.
That the right of way for all roadways designated on any final map shall include adequate width for travel lanes, sidewalks on at least one side of the street, parking bays, and public utility easements;
C.
That all roadways shall be constructed to the design standards contained in the conditions of approval as shown on the vesting tentative map and any final maps. Rolled curbs shall be used whenever possible, with vertical curbs used only when needed to control flow;
D.
That a street lighting plan for the entire development shall be prepared as a part of the initial street improvement plans;
E.
That Foothill Boulevard shall be constructed with a connection to Highway 1 and all intersection improvements at Foothill Boulevard and State Route 92 and the proposed Bayview Drive and Highway 1 shall be installed prior to the issuance of any building permits for any additional units after the first one hundred dwelling units are constructed;
F.
That in the event gated entrances are proposed for the development or any portion thereof the applicant shall submit detailed plans including the proposed operational characteristics of the entry system for approval by the planning commission and city council. In the event entry gates are approved by the city, any public park and recreational facilities within the Dykstra Ranch planned unit development required by the city park dedication ordinance shall be replaced outside the development at a location approved by the city parks and recreation commission and city council, unless access and public parking is available from a dedicated public street.
(1996 zoning code (part))
§ 18.16.075 Water and sewer service.
Inasmuch as there is limited sewer capacity available and that drought conditions exist in California:
A.
That water saving devices such as low-flow shower heads and faucets and low-flush toilets shall be installed in all residences and common facilities such as the clubhouse.
(1996 zoning code (part))
§ 18.16.080 Noise.
In order to provide adequate protection from noise sources, the following situation standard shall be met for all residential structures:
A.
That any residence constructed on the site shall be designed in such a manner that the ambient noise level within the structure shall meet a Sound Transmission Class (STC) of fifty (forty-five if field tested and verified by a registered noise engineer to the satisfaction of the city engineer);
B.
That in the event the studies undertaken by the city's noise consultant in preparing the noise element of the general plan it is determined that additional sound attenuation is necessary, the developer shall comply with any appropriate recommendations set forth in the draft noise element.
(1996 zoning code (part))
§ 18.17.010 Mobile home park (MHP) district established.
The mobile home park (MHP) district is hereby established to set standards for development, expansion and alteration of mobile home parks and procedures to enforce those standards so as to exercise the rights reserved to local jurisdictions by state law (California Health and Safety Code Division 13, Part 2.1, commencing with Section 18200) and to implement such standards and procedures in a manner consistent with the California Coastal Act and the certified LCP. The regulations set forth in this chapter are intended to regulate only those developments specifically planned for accommodation of more than one mobile home or manufactured home and operated under permit pursuant to Title 25, Chapter 5, of the California Code of Regulations. Regulations regarding the use of a single manufactured home as a permanent residence are found in Chapter 18.06.
(Ord. 4-02 § 1(part), 2002; Ord. C-6-07 § 1(part), 2007)
§ 18.17.011 Purpose and intent.
A.
Purpose. The purposes of these mobile home park district regulations are to: protect and preserve mobile home parks existing as of the date of adoption of the ordinance codified in this chapter as affordable housing resources; provide appropriately located areas for future expansion or development of mobile home parks, consistent with standards of public health and safety; establish standards for density and common open space; and provide for an appropriate set of permitted uses and activities on lands within the district consistent with the coastal resource policies set forth in the certified local coastal program and the public access and public recreation policies of the Coastal Act, where applicable.
B.
Intent. The intent of these regulations is to assure that mobile home parks are established only at locations that have safe and adequate access to a public street or highway, and that are able to support such use in conformity with the local coastal program, and that they are developed and operated in a manner consistent with the local coastal land use plan/general plan and compatible with surrounding neighborhood areas.
(Ord. 4-02 § 1(part), 2002; Ord. C-6-07 § 1(part), 2007)
§ 18.17.012 Definitions.
§ 18.17.020 Use regulations.
A.
Permit Requirements. A coastal development permit shall be required for all development as defined in Section 18.20.020 within a mobile home park.
B.
Permitted Uses. The following uses are permitted without a requirement for approval of a use permit:
1.
Natural Resources Management. Restoration and management of natural resource areas.
2.
Coastal Access. Trails and scenic overlooks, and related coastal access parking spaces.
3.
Agricultural Uses. Provided that no existing riparian vegetation is removed, and no soil or agricultural chemicals are allowed to enter stream channels.
C.
Conditionally Permitted Uses. The following uses may be allowed subject to approval of a conditional use permit by the planning commission:
1.
Mobile home parks.
2.
Mobile home displays and sales; provided, that such use is incidental and subordinate to an on-site mobile home park.
3.
Intensive Recreational Facilities. Including indoor recreational facilities such as club houses, swimming pools, and similar intensive recreational facilities, limited to use by residents of the mobile home park and their guests.
4.
Retail Sales. Limited to small-scale sales of convenience retail goods, where sales are oriented primarily to residents of an on-site mobile home park, not to exceed one thousand square feet of floor area.
5.
Assisted Living. Including congregate care facilities, in conjunction with an existing mobile home park on the same site.
6.
Convalescent care facilities in conjunction with an existing mobile home park on the same site.
7.
Senior housing facilities, in conjunction with an existing mobile home park on the same site. In each senior housing facility occupancy shall be limited to people age fifty-five or older.
D.
Accessory Uses and Structures. The following uses incidental and subordinate to a permitted or principal use located on the property:
1.
Animals, small, limited to not more than two at any individual mobile home residence, subject to the regulations set forth at Section 18.06.025(B).
2.
Community gardens.
3.
Small family day care and large family day care subject to the regulations set forth at Section 18.06.025(M).
4.
Decks, porches, and similar small structures.
5.
Fences, walls, gates and hedges, with those located around the perimeter of the mobile home park subject to the standards set forth at Section 18.06.040(C).
6.
Garbage container enclosures.
7.
Home occupations, subject to the regulations set forth at Section 18.06.025(F).
8.
Landscaping.
9.
Management office, limited to one building and not to exceed one thousand square feet.
10.
Maintenance facilities, not to exceed two buildings with a cumulative total of one thousand square feet.
11.
Outdoor recreation facilities, limited to facilities intended for residents of the mobile home park and their guests.
12.
Parking areas, limited to facilities intended for use of residents, employees of the mobile home park, and visitors to the mobile home park, subject to the standards set forth at Section 18.06.040(D).
13.
Patio covers and awnings.
14.
Storage buildings, for storage of personal belongings of park residents only.
E.
Uses Not Listed. Uses not listed in this chapter shall not be permitted in the mobile home park district. Authorization of any use not listed above shall require the prior approval of an amendment to this title.
F.
Changes in Use and Conversions. Any change in use from a mobile home park to another use, including but not limited to any conversion from rental of individual mobile home spaces to condominium, stock cooperative, planned unit development, or any form of ownership wherein individual spaces are to be sold, within all or any portion of a mobile home park, shall be subject to the regulations set forth in Chapter 18.30.
(Ord. 4-02 § 1(part), 2002; Ord. C-4-06 § 2, 2006; Ord. C-6-07 § 1(part), 2007; Ord. C-2016-03 § 6, 2016)
§ 18.17.030 Development standards.
This section establishes overall standards for the development, enlargement, additions to, and alteration of mobile home parks.
A.
The following standards shall apply to mobile home parks:
1.
Density. The maximum permitted number of mobile home spaces shall be determined by dividing the net area of the site by two thousand square feet of site area per mobile home dwelling.
2.
Site Area. A minimum site area of five acres shall be required for a mobile home park. The maximum size of any mobile home park shall be twenty acres.
3.
Minimum Setbacks Required from the Perimeter Property Line. For all development inside mobile home parks, including roads, community buildings, and mobile home lots, the minimum setbacks from perimeter property lines of the mobile home park shall be as follows:
a.
Front entrance side: twenty feet.
b.
Interior side: ten feet.
c.
Street side without front entrance: twenty feet.
d.
Rear side opposite front entrance: twenty feet.
All setback areas shall be landscaped and continually maintained.
4.
Open Space. A minimum of three hundred square feet for each mobile home shall be devoted to community open space conveniently located for all residents. A maximum of twenty-five square feet of the required three hundred square feet may be used for a recreation or service building.
5.
Parking. Two off-street parking spaces shall be provided for each mobile home consistent with the standards of Chapter 18.36. One off-street parking space shall be provided for each two hundred square feet of floor area within buildings containing offices, services or recreation activities.
6.
Roads and Vehicular Access. All mobile home spaces shall be served from internal private roadways and there shall be no direct vehicular access from a mobile home space to a public street or alley. Internal roads shall have a clear and unobstructed access to a public street or highway.
7.
Pedestrian Access. Walkways shall be provided throughout the mobile home park to provide safe and convenient pedestrian access to amenities, open space areas, and public roadways. Walkways shall comply with applicable accessibility standards but in no case shall be less than three feet in width. Walkways shall be paved and separate from roadways and driveways for automobiles.
8.
Landscaping. A landscaping plan and landscape maintenance plan for the setback areas from the property perimeter of the mobile home park shall be submitted for consideration with each permit application for development or expansion of a mobile home park. Landscaping shall be used as a buffer between mobile home spaces and adjacent properties. Service areas and outdoor storage areas shall be screened from view from public streets.
9.
Invasive Exotic Plants. No plant species listed as problematic and/or invasive by the California Native Plant Society, the California Invasive Plant Council, or as may be identified from time to time by the state of California shall be employed in any landscaping in the mobile home park. No plant species listed as a noxious weed by the state of California or the U.S. federal government shall be utilized. Only native plants of local stock and/or drought-tolerant noninvasive plants shall be used for landscaping.
10.
Signs. One nonilluminated or indirectly illuminated detached monument sign, identifying the name of the mobile home park, shall be permitted. Such sign shall be constructed of natural material such as wood and shall not exceed a height of four feet or an area of sixteen square feet. Any such sign shall be integrated into the landscape design.
11.
Garbage and Refuse Disposal and Recycling. Mobile home parks shall be required to use garbage collection and recycling services. Central collection containers shall be provided at convenient locations within decorative fenced or walled enclosures.
12.
Water Quality. The development, redevelopment, or modification of mobile home parks shall be undertaken pursuant to the water quality protection standards specified in Section 18.38.121.
13.
Fire Protection. Prior to issuance of any coastal development permit or use permit, the applicant shall receive preliminary approval of plans by the Half Moon Bay fire protection district.
14.
Lighting. Lighting shall be the minimum necessary to illuminate the internal roads without adverse impact on adjacent properties. Light fixtures shall be the minimum height needed for public safety, but shall not exceed fifteen feet in height, and shall be shielded to downcast light to prevent glare on adjacent properties.
15.
Underground Utilities. In development of new and expansion of existing mobile home parks, all new electrical, telephone, cable TV, and similar distribution lines providing direct service to the development, including individual spaces, shall be installed underground.
16.
Transient Occupancy Prohibited. Mobile home units within mobile home parks shall be limited to use as permanent residences. No mobile home shall be rented to or occupied by any individual or group of individuals for a term less than thirty consecutive days.
17.
Exceptions. The development standards set forth in subsections (A)(3), Minimum Setbacks Required from the Perimeter Property Line, (A)(4), Open Space, and (A)(5), Parking, of this section shall not apply to assisted living facilities, convalescent care facilities, and senior housing facilities conditionally permitted under Section 18.17.020(C).
B.
Subdivision of land within a mobile home park to create separate legal lots or airspace condominium units for individual mobile home sites is prohibited.
(Ord. 4-02 § 1(part), 2002; Ord. C-4-06 § 3, 2006; Ord. C-6-07 § 1(part), 2007; Ord. C-10-07 § 1, 2007)
§ 18.17.040 Exceptions to development standards.
The planning commission may authorize exceptions and conditional exceptions to the development standards established pursuant to this chapter; provided, that the following findings are made:
A.
That there are special circumstances or conditions affecting the property;
B.
That, by virtue of the special circumstance or condition, the strict application of the standard would impose a practical difficulty or hardship;
C.
That the exception is necessary for the proper design or function of the mobile home park;
D.
That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which the mobile home park is situated; and
E.
That the granting of the exception is consistent with all requirements of the Coastal Act and all other applicable provisions of the city's certified LCP.
(Ord. 4-02 § 1(part), 2002; Ord. C-6-07 § 1(part), 2007)
§ 18.17.050 Nonconforming uses and structures.
Any mobile home park lawfully existing as of the effective date of this chapter may be continued, although such existing use does not conform to the regulations set forth in this chapter; provided, however, that such nonconforming use shall not be extended to increase the number of mobile home spaces or to occupy a greater or different area of land, building or structure than that occupied by such use as of the effective date of this chapter except in conformance with the regulations set forth in this chapter. Nonconforming uses shall be subject to the provisions of Chapter 18.25.
(Ord. 4-02 § 1(part), 2002; Ord. C-6-07 § 1(part), 2007)
§ 18.17.060 Required permits and plan review.
Mobile home parks may be authorized subject to approval by the planning commission of a conditional use permit pursuant to the provisions of this chapter and of Chapter 18.22. Architectural, landscape and site plan review shall be required pursuant to the provisions of Chapter 14.37. A coastal development permit shall be required pursuant to the provisions of Chapter 18.20.
(Ord. 4-02 § 1(part), 2002; Ord. C-6-07 § 1(part), 2007; Ord. C-2019-03 § 2(Exh. A)(part), 2019)