A.

This waterfront zoning district provides for housing, marinas, and commercial and recreational uses that support residents and visitors to the waterfront.

B.

Public access, public viewing and habitat restoration along the waterfront are key goals of this district, including:

1.

Ensuring public access to the waterfront,

2.

Facilitating installation of the Bay Trail,

3.

Creating view corridors to the waterfront.

C.

The district shall provide for improved pedestrian, bicycle and water-based transportation options while minimizing the visual impacts of large paved parking lots and vehicular access to the waterfront.

D.

The district shall encourage community benefits that are weighted according to their desirability for waterfront areas and reflecting the limited public transit options in waterfront areas.

E.

The district shall plan for and accommodate a rise in sea level rise by the year 2100 by requiring adaptive capacity for future construction and long-term managed retreat.

(Ord. No. 1130-373, § 5, 5-21-18)

A.

Allowed Uses. Table 57.2 (Use Regulations for the MUW) indicates the uses permitted (P), conditionally permitted with a Use Permit (C), permitted as an accessory use (A), and not permitted (-) in the Mixed Use Waterfront District.

B.

Uses Not Allowed. Any use not explicitly addressed in Table 57.2 is prohibited, except that the Zoning Administrator may permit or conditionally permit any use not addressed in Table 57.2 if the use is determined to be a similar and/or compatible use to any permitted, conditionally permitted, or permitted accessory use in Table 57.2 and meets the purpose and intent of the Zoning District.

C.

Applicable Regulations. Where the last column in the table (Specific Use Regulations) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of the Zoning Ordinance may also apply.

Footnotes:

 1. In accordance with applicable San Carlos ALUCP Safety Compatibility Policies and State law.

(Ord. No. 1130-373, § 5, 5-21-18; Ord. No. 1130-383, § 4(Exh. A), 4-12-21; Ord. No. 1130-384, § 4(Exh. A), 4-12-21; Ord. No. 1130-386, § 4(Exh. A), 7-24-23; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

A.

Marinas. The following requirements apply to marinas:

1.

Water Coverage. Covered water areas are limited to watercraft, ramps, exitways, docks and piers. Marinas should maximize open water to aid in navigability and for aesthetic purposes. In most circumstances, at least fifty percent (50%) of the total water area within a marina should be open water. Increased covered areas may be approved if determined to be compatible with the district.

2.

Parking. Only short-term loading areas may be located near the waterfront. Long-term parking areas shall be located away from the waterfront.

3.

Public Access. Marinas providing more than two thousand (2,000) feet of moorage space shall provide a public access easement consistent with 57.7(C) (Public Access Easements).

4.

Nonconforming Marina Uses. Consistent with the provisions of Article 33 of the Zoning Code, any nonconforming marina use may be continued even though such use does not conform to the provisions of this district. Notwithstanding anything to the contrary in Article 33 of the Zoning Code, a nonconforming marina use destroyed or damaged by fire, flood, explosion, wind, earthquake, war, riot, or other public calamity or act of nature may be replaced or reconstructed without a conditional use permit to the same size and extent as before the damage occurred, provided that rebuilding commences not later than one (1) year after destruction and so long thereafter as the building permit remains valid.

B.

Noise and Air Quality Impacts on Residential Uses. Applications for residential and specialty housing uses shall include an evaluation of the noise and air quality impacts.

1.

Air Quality Impacts. The project applicant shall conduct a screening analysis to indicate whether the new receptors will be exposed to roadway Toxic Air Contaminant (TAC) emissions at concentrations exceeding the Bay Area Air Quality Management District (BAAQMD) threshold of significance. If the thresholds are exceeded, the City requires that the applicant incorporate measures into the project design that reduce these risks, consistent with adopted BAAQMD standards.

2.

Noise Impacts. Noise impacts shall be evaluated based on the thresholds established in the General Plan. If the property is located in an area with noise levels of sixty (60) dB CNEL or higher, measures shall be incorporated into the project design to reduce outdoor activity area noise levels to acceptable level.

3.

Findings. The review authority must make an additional finding that the project design includes measures, if required after study and evaluation, that effectively mitigate air quality and noise impacts on the proposed residential uses.

(Ord. No. 1130-373, § 5, 5-21-18)

Required development standards are included in Table 57.4 (Development Standards for the MUW District).

(Ord. No. 1130-373, § 5, 5-21-18; Ord. No. 1130-890, § 4(Exh. A), 8-26-24)

A.

Visual Relationship. Buildings shall be designed to create a strong visual relationship among the buildings and the waterfront, including architectural style and variety among the buildings.

B.

Ground-Floor Entrances along the Waterfront. Buildings facing the waterfront shall provide entrances along the ground-floor at least once every one hundred fifty (150) feet. Ground-floor entrances include entrances to ground-floor uses, residential units, clusters of residential units, lobbies, or private courtyards. Significant blank façade areas shall not face the waterfront.

(Ord. No. 1130-373, § 5, 5-21-18)

A.

Vehicular Parking. Vehicular parking, access, and loading shall conform to the standards in Article 30 (Off-Street Parking and Loading) including Section 30.4 (Mixed-Use Zoning Districts).

B.

Public Parking. Guest and unassigned parking for projects along the waterfront shall be available for general public parking.

C.

Bicycle Parking. Bicycle parking shall be provided for new development consistent with this section.

1.

Residential. One (1) secure bicycle parking space shall be provided per every three dwelling units.

2.

Commercial. Buildings or development with over ten (10) employees shall provide secure bicycle parking space equal to at least five percent (5%) of the number of vehicular parking spaces.

3.

Acceptable Secure Bicycle Parking. Acceptable secure bicycle parking shall include:

a.

Covered, lockable enclosures with permanently anchored racks for bicycles; or

b.

Lockable bicycle rooms with permanently anchored racks; or

c.

Lockable, permanently anchored bicycle lockers.

(Ord. No. 1130-373, § 5, 5-21-18)

A.

Open Space. Open space is required for residential-only projects and mixed-use projects containing residential uses. Open space shall meet the requirements of 32.9 (Open Space Requirements) with the modification that the area of public access easements shall count towards the total open space area provided.

B.

Bay Trail. Properties located adjacent to or within the path of the San Francisco Bay Trail, as shown by the Association of Bay Area Governments (ABAG), shall design, develop and construct the trail as described in Bay Trail Design Guidelines and Toolkit at a minimum width of eighteen (18) feet, including shoulders. The review authority for the project shall make the final decision on the design of the trail.

C.

Public Access Easements. Projects built along the waterfront shall provide:

1.

Easements providing access to the Bay Trail, or, if no Bay Trail access is proposed or required, a minimum eighteen (18) feet wide pathway and public access along the waterfront; and

2.

One (1) primary public access easement of a minimum of fifteen (15) feet in width leading from a public street to the waterfront.

(Ord. No. 1130-373, § 5, 5-21-18)

A.

New Streets. New streets on lots in excess of two (2) acres shall be designed with block and street patterns consistent with the adjacent properties or surrounding environment and consistent with the street typologies identified in the General Plan. New streets shall not have block faces exceeding four hundred (400) feet in length, and all streets shall include sidewalks on both sides. Exceptions may be made by the review authority if the requirements are determined to be infeasible due to other insurmountable existing conditions.

B.

Pedestrian Walkways. Internal walkways shall be a minimum of six (6) feet wide where located adjacent to common usable open space. Connections between the pedestrian walkway system and the primary streets shall be provided.

(Ord. No. 1130-373, § 5, 5-21-18)

Reduced creek setbacks or bonus height, bonus FAR or bonus residential density may be requested upon compliance with the Community Benefits schedule described in this section.

A.

Points System. A minimum number of points must be obtained before the project qualifies for bonus height, density or FAR or reduced setbacks. Tier 1 priorities are worth four (4) points, while Tier 2 priorities are worth two (2) points as shown in Table 57.9 (Community Benefits.).

B.

Bonuses Allowed. A total of six (6) points is required to qualify for either bonus height, bonus density, bonus FAR or reduced creek setbacks. Additional bonuses are allowed for every four (4) points thereafter.

C.

Description of Benefits. Benefits must meet the following standards to qualify as a community benefit.

1.

Habitat Restoration (Tier 1). Funding or construction of habitat restoration areas of two percent (2%) of project valuation, including stream bank and wetlands areas per regional, State of California and Federal Standards.

2.

Active Recreation Area (Tier 1). Provision of a minimum one-half-acre active recreation area such as a handboat launch that is available to the public. In-lieu funds for construction of a recreation area on City-owned property may also be acceptable.

3.

Transportation and Pedestrian Amenities (Tier 1). Amenities qualify if they are beyond what is required through environmental mitigations and conditions of approval and may include:

a.

A pedestrian walkway across Steinberger Slough,

b.

A pedestrian bridge across Redwood Creek connecting to One Marina park,

c.

Enhanced bicycle and pedestrian facilities at the Maple Street Bridge over Highway 101,

d.

Enhanced bicycle facilities including bicycle storage, bike repair and bike share stations worth two percent (2%) of building valuation,

e.

Pedestrian pathways along waterfront areas worth two percent (2%) of building valuation.

4.

Publicly-Visible Art (Tier 2). Publicly-visible art, valued at one percent (1%) of valuation, shall be provided on-site or the value of the art shall be donated to the City's Art Fund at the discretion of the City subject to approval by the Director of Parks and Recreation.

5.

Affordable Housing (Tier 2). Additional funds beyond required impact fees or provision of on-site affordable housing may be offered. The amount will be determined by the level of affordability provided or the scope of the project, equal to one percent (1%) of valuation.

6.

Child Care Site (Tier 2). Construction of a building or portion of a building suitable for a minimum of thirty (30) children.

(Ord. No. 1130-373, § 5, 5-21-18)

The Mixed Use Waterfront Zoning District provides for an adaptation approach to sea level rise. Strategies to accommodate sea level rise shall be approved by the appropriate review authority, but shall meet the goal of accommodating an increase in sea level of three (3) feet by 2100. Methods for achieving long-term flood hazard reduction include, but are not limited to, any combination of the following approaches and shall be approved by the City Engineer:

A.

Elevation of Lowest Floor. The lowest floor of structures shall be built at or above the existing 100-year base flood elevation plus three (3) feet of sea level rise. Elevation change from any future development to the waterfront should be accommodated through graded slopes and low retaining walls, as needed. This increased elevation shall not be required for structures wholly within a FEMA-accredited levee or seawall system.

B.

Setbacks. Required setbacks from waterfront areas, as described in Table 57.4 (Development Standards), shall not only provide for public access and recreation but provide additional buffer to accommodate sea level rise.

C.

Managed Retreat. Projects shall provide for a phased conversion of the outboard portions of any project area to tidal marsh. When the outboard edge of the fill approaches the shoreline, it shall be graded at a slope of twenty to one (20:1) and shall be restored to tidal action with tidal marsh and native uplands vegetation on the outboard slope.

D.

Levees and Sea Walls. Projects shall construct levees or seawalls according to FEMA certification standards and the existing 100-year base flood elevation plus three (3) feet of sea level rise. Any new portion of a levee above existing grade shall be sloped at least ten to one (10:1). Scour protection shall be vegetation rather than rip rap where possible. Floodwalls may be used on top of a levee to provide additional protection.

(Ord. No. 1130-373, § 5, 5-21-18)