San Bruno City Zoning Code
CHAPTER 12
84 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS
§ 12.84.010 Scope.
The regulations provided for in this article shall be subject to the general provisions and exceptions set forth in this chapter.
§ 12.84.020 Building site area.
A lot or parcel with a lot width, depth or area that does not meet the minimum requirements of the zoning district in which it is located shall be considered a building site if said lot or parcel is shown on a subdivision map or parcel map recorded with the county recorder prior to January 13, 1962 (effective date of previous zoning ordinance); and further provided, said lot or parcel has not been, since that date, in common ownership with contiguous property thereby providing required lot width, depth or area for the zoning district.
§ 12.84.030 Temporary uses.
A.
Before a temporary use that is permitted by this section occurs, a temporary use permit shall be obtained.
B.
The purpose of the temporary use permit is to allow the proper integration into the community of uses that may be appropriate only in specific locations in a zoning district, or appropriate only if such uses are established or arranged on the site in a particular manner. Temporary uses allowed are as follows:
1.
Sales of holiday trees and holiday accessories between November 1st and December 31st of each year;
2.
Sales of pumpkins during the month of October each year;
3.
Off-site storage yards, trailers, staging areas or parking facilities related to construction projects. Temporary parking areas shall comply with Section 12.100.040(K);
4.
Recurring uses that are similar to those uses listed as conditional uses in this section, that occur within limited business hours, and that occur more than three times per year at a frequency not to exceed two times per week for up to one calendar year;
5.
Any use that the community development director finds is similar in nature, function, or operation to the listed temporary uses, or conditional or permitted uses allowed in the district.
C.
The community development director (which refers to the director or designee throughout this section) or planning commission may approve, deny, or conditionally approve an application for a temporary use permit as further specified in this section.
D.
Community Development Director Actions. The community development director may grant temporary use permits for any temporary use lasting for a period of three months or less. In addition, the director may grant a temporary use permit for up to one year for an off-site yard, trailer, staging or parking related to a construction project within the city limits, and such temporary use permit may be extended for up to one year at a time until the project is completed, if the applicant provides the director with satisfactory evidence that the construction project is proceeding in a timely manner.
1.
An application for a temporary use permit shall be made under this subsection shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required), 12.78.010 (Planning application completion and close out due to inactivity), and 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.
2.
Upon receipt of a complete application for a temporary use permit under this subsection, the community development director shall approve, deny, or conditionally approve the application within one month.
3.
At least ten days prior to approving a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed temporary use is: (a) posted in at least three conspicuous places on utility poles on both sides of the property frontage and across the street from the subject property; and (b) is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the exterior boundaries of the property for which the application is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. The notice shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the timing of approval, and a statement indicating the ability of any interested party to submit comments to the community development director.
4.
The community development director shall grant a temporary use permit under this subsection D only if the director makes the findings required by Section 12.112.050.B.
5.
The applicant or any other interested party may appeal the community development director's action on the temporary use permit to the planning commission. Appeals shall be made in writing, accompanied by any required fee, and filed with the city clerk within ten days after the final action of the community development director. The appeal shall clearly state the facts of the case and the grounds for the appeal. Upon receipt of the appeal, the community development director will schedule the appeal for a planning commission hearing within thirty days after the filing of the appeal.
6.
The community development director may revoke a temporary use permit granted pursuant to the provisions of this subsection if any of the conditions or terms of such approval are violated or if any law is violated in connection therewith. At least ten days prior to revoking a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed revocation is given to the permittee, and is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the property for which the revocation is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. A permittee or other interested party may appeal a revocation decision to the planning commission, as provided in subsection D.5 of this section.
E.
Planning Commission Actions. The planning commission may grant temporary use permits for other temporary uses lasting longer than three months but less than or equal to one year. The planning commission may grant a temporary use permit for up to two years, in cases of a temporary wireless communications facility or similar temporary facility, with a single one-year extension if the applicant provides the commission with satisfactory evidence that installation of the permanent facility is proceeding in a timely manner.
1.
An application for a temporary use permit under this subsection E shall conform to the requirements specified in Section 12.76.060 (Payment of fees required), Section 12.78.010 (Planning application completeness and close out due to inactivity), and Section 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.
2.
Upon receipt of a complete application for a temporary use permit under this subsection E, the community development director shall schedule a public hearing before the planning commission within thirty days of receipt of the complete application, and the planning commission shall reach a decision on the application within thirty days of the public hearing.
3.
At least ten days prior to such hearing, the planning commission shall ensure that written notice of the proposed temporary use is posted in at least three conspicuous places on utility poles on both sides of the property frontage and across the street from the subject property. The posted notice shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the timing of approval, and a statement indicating the ability of any interested party to submit comments to the community development director. In addition, the planning commission shall ensure that at least ten days prior to such hearing, written notice of the proposed temporary use is given through the United States mail, with postage prepaid and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. This notice by mail shall be sent to all persons (including businesses, corporations, or other public or private entities) owning real property within three hundred feet of the exterior boundaries of the property for which the application is being considered.
4.
The planning commission shall grant a temporary use permit under this subsection only if it makes the findings required by Section 12.112.050B.
5.
Appeals of decisions made under this subsection shall proceed in accordance with the procedures specified in Section 12.78.060.
6.
The planning commission may revoke a temporary use permit granted pursuant to the provisions of this subsection if any of the conditions or terms of such approval are violated or if any law is violated in connection therewith. At least ten days prior to revoking a temporary use permit under this subsection, the planning commission shall ensure that written notice of the proposed revocation is given to the permittee and is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the exterior boundaries of the property for which the revocation is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses.
F.
The community development director or planning commission may impose such conditions on temporary use permits as deemed necessary to secure the purposes of this section and to protect adjacent properties and the public interest. The director or commission may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits. The director or commission may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
G.
The issuance of a permit under this section does not entitle a permittee or any other person to a temporary use permit beyond the period of time provided for in the temporary use permit, or to the issuance of another temporary use permit in the future, even at the same location or for the same use.
H.
It is unlawful and a violation of the provisions of this section for any person to construct or modify any structure, or expand or alter any approved uses, except in strict conformance with any use permit issued.
§ 12.84.040 Adult business.
A.
Adult businesses and massage establishments shall not be permitted as home occupations.
B.
Such uses shall only be conditional uses in the C-N districts abutting El Camino Real, and the TOD-2 district, and shall be governed by provisions of Chapter 12.112 pertaining to use permits and require approval of the planning commission. Such uses shall be prohibited in other zoning districts. In districts where such uses are conditional uses, the applicable requirements set forth in the district regulations shall govern, except as provided in this section.
C.
Such uses shall be prohibited within five hundred feet of a residential zoning district, another adult use, a school attended primarily by minors, a Place of Worship, and a public park.
(Prior code § 27-4.4; Ord. 1410 § 1, 1982; Ord. 1781 § 1, 2009; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.84.050 Cardrooms.
A.
Cardrooms shall not be permitted as home occupations.
B.
Cardrooms shall be conditional uses in commercial districts abutting El Camino Real and San Mateo Avenue and shall be governed by provisions of Chapter 12.112 pertaining to use permits and require approval of the planning commission. Cardrooms shall be prohibited uses in other zoning districts. In districts where such uses are conditional uses, the applicable requirements set forth in the district regulations shall govern, except as provided in this section.
§ 12.84.060 Amusement game centers and other entertainment establishments.
A.
No amusement game center, theater, circus, carnival, open air theater, racetrack, private recreation center, or other similar establishment involving large assemblages of people may be established in any district unless and until a use permit is first secured for the establishment, maintenance and operation of such use.
B.
No place of public amusement or place of public dance or entertainment, as defined in Section 4.04.010 of this code, may be established in any district unless and until a use permit is first secured for the establishment, maintenance and operation of such use.
C.
No use permit shall be issued for any place of public amusement or place of public dance or entertainment unless and until a license therefor shall have first been issued pursuant to Title 4.
D.
Except for amusement game centers, as defined in Section 4.04.010 of this code, the uses described in subsections A and B of this section be permitted uses in P-D districts whose development plans provide that the predominant use of the district is retail commercial, subject to a P-D permit or modification, where the decision-making body finds that the proposed use would be compatible with retail commercial use in such district. Such uses shall be prohibited in other districts.
E.
No amusement game center may be established in any district unless and until a use permit is first secured for the establishment, maintenance and operation of such use.
F.
Amusement game centers shall be conditional uses in districts that allow commercial uses. They shall be conditionally permitted in P-D districts whose development plans provide that the predominant use of the district is retail commercial, subject to a P-D permit or modification, where the decision-making body finds that the proposed use would be compatible with retail commercial use in such district.
G.
No amusement game center may be established, maintained or operated within one thousand feet from the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades; nor within three hundred feet from any residential zoning district. Said distance shall be measured from said entrance or exit in the most direct line or route on, along, or across said street or streets adjacent to said public playground or public or private school of elementary or high school grade or residential zoning district.
H.
No conditional use permit, or P-D permit or modification, shall be issued for any amusement game center unless and until a license therefor pursuant to Title 4 shall first have been issued.
I.
Every application for a conditional use permit, or P-D permit or modification, for an amusement game center shall indicate the following information:
1.
The proposed hours of operation;
2.
Any proposed restriction as to hours during which minors will not be permitted on the premises so as not to conflict with school attendance days;
3.
The proposed number of amusement games to be installed; the general types of games; the maximum number of players who can play each game at once;
4.
The type of private security service which will be provided during hours of operation;
5.
The name of one or more responsible adults who will act as the agent in charge of the premises during hours of operations.
J.
Every conditional use permit, or P-D permit or modification, for an amusement game center shall contain specific conditions as to the following:
1.
General restrictions on hours of operation;
2.
Special restrictions as to hours of the day during which minors will not be permitted on the premises so as not to conflict with school attendance days;
3.
The maximum number of amusement machines which will be installed and maintained;
4.
Provision of adequate security service during hours of operation;
5.
Restriction of business operations open to the public to the area commonly known as the street area;
6.
Designation of a responsible adult as agent in charge;
7.
Restriction against loaning of money or extension of credit for the purpose of providing or encouraging play of amusement machines;
8.
A requirement that the operator of the center maintain a copy of the conditions of the use permit on the premises;
9.
Authorization of revocation of the permit if the use becomes a public nuisance to the adjacent neighborhood or a serious police problem.
K.
In considering an application for a conditional use permit, or a P-D permit or modification, for an amusement game center, the decision-making body, shall take into account and make findings relative to the following factors:
L.
Unless a license shall have been issued by the Department of Alcoholic Beverage Control of the state for on-sale or off-sale of alcoholic beverages on the premises of an amusement game center, no person shall bring such beverages on the premises or consume such beverages thereat.
M.
Off-street parking requirements for amusement game centers shall be as specified in Section 12.100.090.
N.
An existing, legally established amusement game center may continue in operation at the approved location. The following method of operation shall be observed:
1.
No person under eighteen years of age shall be permitted within the premises before three p.m. on weekdays designated as school attendance days by the San Mateo Union High School District. The agent in charge shall be responsible for enforcement of this provision.
2.
The number of amusement machines kept or maintained at such center shall not be increased beyond the number kept or maintained thereat on March 8, 1982, unless a conditional use permit, or P-D permit or modification, is issued therefor, which allows additional machines.
3.
The operator of the center has designated a responsible adult as agent in charge, to be present during all business hours. The name of such person shall be conspicuously posted at or near the main cashier area.
4.
No money shall be loaned or credit extended for the purpose of providing or encouraging game play.
O.
The keeping, maintenance, or use of not more than three amusement machines is an accessory use in business establishments in districts that allow commercial uses and in P-D districts whose development plans provide that the predominant use of the district is retail commercial. The operations of such machines by persons under eighteen years of age shall be prohibited prior to three p.m. on any weekday designated as a school attendance day by the San Mateo Union High School District.
P.
The keeping, maintenance, or use of not more than three amusement machines is an accessory use in a residential district, provided that such machines are used solely for the amusement of the occupants of the dwelling and their guests, and not for commercial purposes or for the purpose of receiving income.
§ 12.84.070 Public dance/entertainment event.
A.
Any person may apply to the chief of police, as specified in Title 4 of this code, for a permit to hold a public dance or public entertainment event lasting three days or less for up to three such dances or events in a single year.
B.
Where such person has received permits for three dances or events in any single year, or where such person intends to hold a public dance or event on a permanent basis, a temporary use permit or use permit must first be obtained in accordance with the provisions of Section 12.84.030 or Chapter 12.112. These requirements shall not be applicable to the following:
1.
Any dance or entertainment event held by a business establishment which is licensed by the Alcoholic Beverage Control Board of the state where dancing or live entertainment is incidental to the other activities of the business;
2.
Any dance or entertainment event conducted directly by the public schools, or by the recognized student body organizations thereof, where such dance is conducted on school premises;
3.
Any dance or live entertainment event conducted directly by the department of community services of the city; or
4.
Any dance or live entertainment event conducted in a place of public dance or entertainment licensed as such pursuant to this code.
(Prior code § 27-4.7; Ord. 1410 § 1, 1982; Ord. 1730 § 4, 2007; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.84.080 Use of surplus schools and public buildings.
A.
School district or other public agency buildings which have hereto been used for school or other public purposes which are situated on one or more contiguous lots entirely surrounded, abutted, or adjoined by residential and/or open space zones may be used for the following:
B.
Not subject to a use permit: Library extension and adult education, special education classes, school administration office, park and recreation office, senior citizen services, nursery school, child day care center;
C.
Subject to a use permit: Recreational, educational and cultural facilities, public utility facilities (excluding corporation or repair yards and warehouses); offices; storage completely within a building or incidental or accessory to another allowed use; and uses which in the opinion of the decision-making body are similar to those listed permitted and conditional uses.
D.
Notwithstanding any other provision of this code, all other existing school district or other public agency buildings which have heretofore been used for school or other public purposes may have permitted uses not exceeding the highest intensity zone of any surrounding, abutting, or adjoining property; provided that:
1.
The governing body of the respective school district or other public agency find and determine that the property, or any portion thereof, is not immediately needed for a public purpose;
E.
Upon transfer or sale of the subject school or public agency property, any permitted uses under this section shall terminate.
§ 12.84.090 Public utility facilities.
A.
Utility Transmission Facilities. Utility transmission facilities shall be allowed in all districts. No such facilities shall be constructed unless and until the route thereof shall have been submitted to the planning commission for review at a public hearing as to which notice is given pursuant to Chapter 12.132.
B.
Utility Distribution Facilities. Utility distribution facilities, including, but not limited to, electric, communications and cable television, shall be allowed in all districts. The height thereof shall be limited to fifty feet or three stories, whichever is more restrictive, except where necessary to allow compliance with clearance requirements for utility lines and structures.
When an underground utility district is formed, or when required by the subdivision ordinance, utility distribution facilities within such district or subdivision, or within the public street right-of-way adjacent to such subdivision, shall be placed underground, including appurtenant equipment, transformers, terminal boxes, meter cabinets, and ducts. The decision-making body shall have the discretion to require existing facilities to be placed underground in connection with approval or architectural review permits, conditional use permits, planned unit permits, minor modifications, variances, P-D zoning, and approval of P-D district development plans.
Facilities not placed underground shall be screened from view by the developer or property owner in a manner which will enable the utility to have access to the facilities for reading or maintenance. Screening materials shall consist of landscaped shrubbery or fencing.
C.
New Structures. No building permit shall be issued for the construction of a new structure unless the property owner shall have executed a covenant running with the land, and enforceable by the city, whereby the owner waives the right to protest the inclusion of the property within an underground utility district.
Where compliance with this subsection would cause undue hardship, the community development director may, upon application of the owner, permit other arrangements for electric or communication service; provided, that facilities for future underground service are installed in the building. The action of the director can be appealed to the city manager as set forth in Chapter 12.78.
D.
Location of Substations, Pumping Stations and Similar Facilities. Public utility substations, pumping stations, equipment buildings and similar facilities may be located in any district, subject to obtaining a use permit, which shall be approved if it is found that the facility is designed in a manner compatible with the neighborhood wherein it is proposed to be located.
E.
Utility Meters. Public utility meters, in all districts, shall be enclosed or screened from view from any public area or adjacent buildings. Meters shall be screened in a manner which will enable the utility to have access to the meter for reading or maintenance.
§ 12.84.100 Swimming pool and hot tub regulations.
A.
Swimming pools and hot tubs in any district shall be constructed at least fifty feet from the front lot line. Such pool or tub may not be located closer than five feet from any rear lot line or side lot line. On the street side of any corner lot where the rear of the lot abuts the side lot line, no pool or tub shall be located closer than ten feet to such lot line.
B.
Pumps, filter, and heating systems for such pools and tubs shall not be located within ten feet of any dwelling other than that located on the lot where the swimming pool or tub is proposed to be located.
C.
All swimming pools and hot tubs or the portion of the yard in which said pool or tub is located shall be completely enclosed by a fence at least six feet in height and all gates shall be self-closing and self-latching.
§ 12.84.110 Solar energy systems.
To encourage the use of solar energy systems, said systems shall be permitted to the extent that they conform to the regulations for structures contained in this article. Where said systems would not conform to the regulations of the district within which they would be located, they shall be subject to an architectural review permit, which shall be approved, provided the noncompliance with district regulations is the minimum necessary to provide the solar system, and the establishment and use of the system would pose no threat to the public health and safety. Reasonable restrictions or conditions may be imposed, provided they do not significantly increase the cost of the system or significantly decrease its efficiency.
§ 12.84.120 Television satellite receivers.
A.
Equipment designed to receive satellite television signals shall be permitted in all districts, subject to obtaining a building permit.
B.
Such equipment shall not be placed on the roofs of structures in residential districts and may be placed on the roofs of commercial structures only if said roof is constructed to be capable of supporting such equipment.
C.
Such equipment shall be set back at least ten feet from any property line.
§ 12.84.130 Home occupation permits.
A.
Criteria. The following criteria shall be determinative of a valid home occupation:
1.
It shall not unreasonably generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.
2.
It shall not involve the use of commercial vehicles for the delivery of materials to or from the premises (vehicles not over three-fourths-ton carrying capacity excepted). No vehicle over three-fourths-ton carrying capacity shall be used for home occupation purposes.
3.
It shall not involve the use of signs other than the minimum required by law.
4.
It shall not involve more than two hundred square feet or ten percent, whichever is greater, of the dwelling floor area whether the home occupation use is conducted within the dwelling or in an accessory building or a combination of both.
5.
Stock-in-trade may be used or kept within a home or occupation permitted area, provided the stock-in-trade is sold off the premises.
6.
In no way shall the appearance of the structure or premises be so altered, or the conduct of the occupation within the structure or premises be such, that the nature of the premises may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, signs, noises or vibrations, etc.).
7.
No mechanical or electrical equipment is used or stored which causes undue noise or electrical interference.
8.
A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or is an accessory building. A home occupation not proposed in an enclosed building shall require approval by the community development director, after noticing is provided as described in Chapter 12.132, except the notice shall only be to property owners that directly abut the subject site. The community development director may authorize a home occupation in other than an enclosed building upon the determination that the home occupation will not significantly impact neighboring properties.
9.
A home occupation may be conducted in a garage provided the home occupation does not unreasonably conflict with the required parking for such residential structure.
10.
The home occupation shall not involve the employment of help other than resident members of the family within the residence. No provision of this section shall be deemed to prohibit service occupations carried on off the premises, nor to prohibit the employment of persons off the premises. Where special conditions exist and are disclosed on the application, the community development director may modify this requirement.
B.
Home Occupation Permits. No person shall commence or carry on any home occupation, as set forth above, within the city without first having procured a permit from the community development director. The community development director shall issue a permit when the applicant shows that the home occupation meets all the requirements of subsection A of this section. Every home occupation shall fully comply with all city, county and state codes, ordinances, rules and regulations.
C.
Permit Applications: Form and Content. Applications for home occupations permits, as set forth in subsection B of this section, shall be filed, in writing, with the community development director, by the person who intends commencing or carrying on a home occupation. The applications shall be upon forms furnished by and in the manner prescribed by the community development director. Where the applicant is not the owner of the lot on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent. Such written consent shall be annually renewed.
D.
Permit Not Transferable. No home occupation permit issued pursuant to the provisions of subsection B of this section shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.
F.
Suspension, Revocation and Appeals. Any home occupation permit issued pursuant to the provisions of subsection B of this section may be suspended or revoked by the community development director when it appears that the home occupation authorized by the permit has been or is being conducted:
1.
In violation of the conditions of approval of any city, county and/or state code, ordinance, rule or regulation, including the provisions of this section; or
2.
In a disorderly manner; or
3.
To the detriment of the general public; or
4.
When the home occupation being carried on is different from that for which the permit was issued, the permit may be revoked or suspended. Any home occupation permit which has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least seven days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit; such notice to the person to be notified at the address appearing on the permit. Any person aggrieved by the action of the community development director may appeal to the planning commission as set forth in Chapter 12.78.
G.
Inspection Fees. An inspection fee shall be paid upon the filing of an application for a home occupation permit.
H.
Business License Required. Every home occupation permittee shall obtain a business license. A deposit toward the required business license shall be paid at the time of filing an application for a home occupation permit. The deposit shall be refunded in the event the home occupation application is denied.
§ 12.84.140 Accessory structures.
A.
For the purpose of this chapter, the following definitions shall apply:
1.
"Accessory structure" means a subordinate structure not intended for habitation (excepting approved accessory dwelling units) and detached from but located on the same lot as the primary structure. The use of an accessory structure is incidental to that of the primary structure. Excluded from this definition are trash enclosures, storage sheds, equipment structures, decks and planter boxes with a maximum height of forty-two inches, and similar small structures. (San Bruno Municipal Code Section 12.80.012).
C.
Unless so attached, an accessory structure in a residential district:
1.
Shall be located at least six feet from any dwelling building existing or under construction on the same lot. Such detached accessory structure shall not be located within five feet of any alley or within one foot of side or rear line of the lot or, in the case of a corner lot, to project beyond the front setback required on any adjacent key lot;
2.
Shall have a maximum overall height no greater than fourteen feet and the top of the exterior wall height shall not exceed nine feet;
3.
Shall be set back at least one foot from the side or rear line of the lot and at least five feet from any alley or, in the case of a corner lot, shall not project beyond the front setback required on any adjacent key lot;
4.
Shall be located at least six feet from any dwelling building existing or under construction on the same lot;
5.
Shall be located on the rear half of the lot except for detached garages, which shall meet the minimum driveway length of twenty feet;
6.
The maximum lot coverage of any and all accessory structure on a lot shall not exceed fifty percent of the required rear yard and at no time shall exceed the lot coverage requirements of the applicable zoning district; and
7.
Shall not be used for living, sleeping, cooking or similar situation unless said building has been specifically authorized by the city for such use as a dwelling. Accessory dwelling units and junior accessory dwelling units shall be subject to separate requirements as stated in Chapter 12.90 of the San Bruno Municipal Code and exempt from the provisions as set forth in this chapter.
D.
The maximum height of an accessory structure shall be measured per Section 12.80.246. If an accessory building is to be constructed on top of an improved foundation, the height of the structure shall include the improved foundation as part of the maximum allowable height. The height of the accessory building may be measured from the top of the improved foundation with community development director approval.
E.
An accessory structure in a residential zoning district shall require a building permit and planning division approval of a site plan unless:
1.
There is only one accessory structure on a lot;
2.
The structure is less than one hundred twenty square feet in area;
3.
The structure meets all applicable height and setback standards of this chapter; and
4.
The structure meets building code requirements and does not contain any electrical, mechanical or plumbing service.
(Prior code § 27-4.14; Ord. 1410 § 1, 1982; Ord. 1743 § 1, 2007; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.84.150 Fences, hedges, walls and plantings.
A.
No fence, hedge, wall or screen planting of any kind for residential properties shall:
1.
Be constructed or grown to exceed six feet in height (unless otherwise permitted by law) within any required side yard to the rear of the required front yard of any dwelling or within any required rear yard. An additional two feet of lattice may be placed on the top of a fence or wall, so that the total height of the structure does not exceed eight feet.
2.
Exceed three feet in height within the required front yard of any dwelling; and
3.
Be situated within twenty-five feet of the street corner of a corner lot, unless otherwise approved by the community development director. The community development director may allow a fence to be situated within twenty-five feet of the corner if it is determined that the fence would not create a solid visual barrier and would not create a safety hazard within the immediate area. In no case shall a fence, hedge, wall or screen planting exceed three feet in height when situated within twenty-five feet of street corner or a corner lot.
B.
The maximum height of a fence, wall, hedge or screen planting shall be measured from the existing grade. If a fence, wall, hedge or screen planting is to be constructed on top of a retaining wall, the height of the fence may be measured from the top of the retaining wall with community development director approval.
(Prior code § 27-4.15; Ord. 1410 § 1, 1982; Ord. 1722 § 1, 2006; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.84.160 Exceptions to height limit.
Flagpoles, monuments, radio antennae, windmills and similar structures may be permitted to exceed the height limits for the district in which they are located up to fifty feet or three stories, whichever is the more restrictive, provided an architectural review permit is first obtained, as set forth in Chapter 12.108. This limitation on the height of a radio communication antennae shall not apply to recognized members of the city of San Bruno emergency service organizations; however, in no case, may the height of said antennae exceed fifty feet above the adjoining grade level.
§ 12.84.170 Exceptions to setback requirements.
A.
Architectural features, such as cornices, eaves, and canopies, shall not be constructed closer than three feet from any side lot line nor project more than six feet into any required front or rear yard.
B.
Open porches, decks, landings and outside stairways exceeding one foot above existing grade may project not closer than three feet from any side lot line and not exceeding six feet into any required front or rear yard.
§ 12.84.180 Performance standards.
The following performance standards will be applicable to each project unless the approval authority determines that one or more of said standards is inapplicable due to the nature or circumstances of the project. In such a case, the approval authority may waive such standard. Violation or failure to comply with any such standards shall constitute a violation of this article.
A.
Architectural.
1.
All mechanical equipment, including gas meters and transformers, shall be screened from public view. Screening materials shall consist of landscaped shrubbery or fencing.
2.
The color of all material used for rain gutters, flashing, and similar purposes shall be consistent with that of immediately surrounding building materials.
3.
All trash dumpsters shall be screened from public view.
4.
Where required by law, plans for new structures shall be subject to review by the City/County Association of Governments of San Mateo County (C/CAG) Airport Land Use Commission. Said structures shall be required to conform to all applicable standards, conditions, and specifications of said commission prior to the issuance of any city permit, unless overridden by City Council.
5.
Plans for new industrial and commercial structures will be subject to review by the police department for security provisions.
6.
All special conditions of approval imposed by the decision-making bodies on appeal shall be complied with prior to the issuance of any permit by the city, unless specifically provided otherwise in such condition.
7.
Each street address shall be delineated on the building or dwelling unit with numbers of adequate size as determined by the fire marshal of the city.
8.
All exterior changes to a single-family or two-family residence requiring a building permit shall be consistent with the basic design principles of the residential design guidelines, as adopted by the city council and amended from time to time.
B.
Landscape.
1.
2.
A minimum of six inches of concrete curb shall be installed around all landscape areas adjacent to paved driveway and parking surfaces.
3.
The applicant and property owner shall execute an agreement for maintenance of landscaping with the city prior to the issuance of any city permit.
4.
There shall be continuous (solid) ground cover in all landscape areas.
5.
An irrigation system shall be provided for all landscape areas.
C.
Bond.
1.
When a new use of a lot to be undertaken in a new building or structure has been approved, and there exist one or more uses on such lot whose removal is contemplated due to such approval, the applicant shall file with the community development director, prior to issuance of the building permit for the new building or structure, a faithful performance bond executed by a corporate surety authorized to do business in California, guaranteeing removal of existing building or structure within sixty days of completion of the new building or structure. The amount of said bond shall be approved by the community development director as to sufficiency to accomplish the removal. Said bond shall be approved as to form by the city attorney.
2.
Prior to authorization of the temporary occupancy of any new building or structure before its completion, the completion of landscaping or required off street parking on the site, or the completion of any physical development of the site constituting a component of project approval, the applicant shall file with the community development director a faithful performance bond executed by a corporate surety authorized to do business in California, guaranteeing completion of the existing building or structure within sixty days of the completion of the new building or structure. The amount of said bond shall be approved by the community development director as to its sufficiency to guarantee completion of the required work. Said bond shall be approved by the city attorney.
D.
Recycling Provisions.
1.
Regulations Applying to Recycling Plan Requirement for Single-Family and Two-Family Residential Developments.
a.
Applicants for new construction or for addition to existing single-family or two-family units shall designate on the floor plans an interior space of three cubic feet per dwelling unit for the purposes of storing recyclable materials. Such space shall be located with reasonable accessibility to the exterior for convenient transportation of the recyclables for curbside pick-up. Designated interior storage space for recyclables shall not intrude into required space for off-street parking.
b.
Such designated collection and storage areas shall provide separate bins for recyclable glass, metal cans, and newsprint, as well as the garbage container (thirty-gallon/sixty-gallon/ninety-gallon) for commingled non-recyclable solid waste, with all such containers being provided by the garbage company.
2.
Regulations Applying to Recycling Plan Requirement for Multifamily Residential Developments.
a.
Developers/owners of new multiple-family residential developments, or developers of existing multiple-family residential developments who propose substantial additions, shall designate on the floor plans an interior space equivalent to three cubic feet per dwelling unit for the purposes of storing recyclable materials. Such interior storage space may be located on each floor of a building or in sections of the building, but in all cases shall be located within reasonable access of each unit within the development.
b.
The developer/owner of the property shall provide a common collection and storage area for the pick-up and removal of recyclables from the complex, and shall designate such collection area on a site plan. Such common collection and storage area shall be constructed in such a manner so as to prevent litter, shall not occupy or intrude into any required off-street parking space, shall be placed in locations to accommodate vehicles collecting materials without damaging the buildings or pavement, shall be located to minimize negative impacts on the residents, and shall be constructed to be architecturally compatible with the residential structure(s), or shall be screened or landscaped to blend in with the residential development.
c.
Such designated collection and storage areas shall provide separate bins for recyclable glass, metal cans, and newsprint, as well as the garbage container (thirty-gallon/sixty-gallon/ninety-gallon) for commingled nonrecyclable solid waste.
3.
Regulations Applying to Recycling Plan Requirement for Nonresidential Developments.
a.
Developers/owners of new nonresidential developments, or developers/owners of existing nonresidential developments who propose any addition, remodeling, change of use or ownership shall provide a collection and storage area for the pick-up and removal of recyclables from the development, and shall designate such collection area on a site plan. In the case of tenants sharing a common development, such storage and collection facility may be designed to accommodate the needs of the entire complex. Such common collection and storage area shall be constructed in such a manner so as to prevent litter, shall not occupy or intrude into any required off-street parking space, shall be placed in locations to accommodate vehicles collecting materials without damaging buildings or pavement, shall be located to minimize negative impacts on any adjacent residents, and shall be constructed to be architecturally compatible with the building(s), or shall be screened or landscaped to blend in with the development.
b.
Such designated collection and storage areas shall be designed to accommodate the specific waste generation characteristics, including recyclable materials and commingled nonrecyclable solid waste, of the nonresidential development according to a recycling plan provided by the developer/owner and subject to the approval of the director of planning and building.
c.
Each recycling plan required above shall contain the following elements:
System Planning | |
i. | Identification of materials to be recycled; |
ii. | Method of transport from interior work stations to final collection area; |
iii. | Collection frequency of recycling service provider; |
iv. | Information policy for tenants/occupants; and |
v. | Point of contact/recycling project coordinator. |
Space Planning | |
i. | Floor plan designating work stations, as applicable; |
ii. | Floor plan designating temporary internal collection areas, as applicable; |
iii. | Site plan designating final exterior collection area. |
Space Allocation | |
i. | Amounts in cubic yards of materials that will be generated; |
ii. | Amount of storage area required for each designated material to be recycled in addition to commingled nonrecyclable solid waste. |
4.
Additional Conditions, Waiver or Amendment of Standards. The decision-making body of a permit required by the San Bruno zoning ordinance may impose additional standards, conditions or requirements to secure additional recycling, or to waive or amend the existing performance standards for recycling.
(Prior code § 27-4.18; Ord. 1410 § 1, 1982; Ord. 1524 § 1, 1991; Ord. 1784 § 2, 2010; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
§ 12.84.190 Certificate of use conformance.
A.
No use for which a business license is required shall be commenced in any district unless and until the community development director shall have issued a certificate of use compliance, indicating that either:
1.
The proposed use is a permitted use in the district; or
2.
The director has made a finding that the proposed use is similar in nature, function, or operation to one or more uses specifically permitted in this article; or
3.
The use is a conditional use, and a conditional use permit has been granted and is effective for this use.
B.
An application for a certificate of conformance shall be filed by the proposed user with the community development director. Where the user is not the owner of the property, the application shall contain the written consent of the property owner or his or her authorized agent. The application shall be accompanied by a fee in an amount established by resolution of the city council. The application shall indicate the following information:
1.
The name and address of the owner;
2.
The name and address of the tenant, occupant, or lessee;
3.
The street address and county assessor's parcel number of the lot on which the proposed business is to be conducted;
4.
The specific nature of such business, with sufficient detail to enable the director to make one of the findings set forth in this section;
5.
The proposed hours of the day and days of the week when the business will be open to the public.
If the decision-making body has made a finding or has granted a conditional use permit with respect to such use, the application shall indicate the date and nature of the action taken. |
C.
The community development director shall issue the applicant a certificate of use conformance for the proposed use, indicating that such use conforms to the use regulations of the zoning ordinance at the proposed location, if the director determines that either:
1.
The proposed use is a permitted use in the district; or
2.
The decision-making body has made a finding that the proposed use is similar in nature, function, or operation to one or more uses specifically permitted in this article; or
3.
The use is a conditional use, and a conditional use permit has been granted and is effective for the use.
D.
If a business within the district involves the storage of goods, wares, or merchandise on the premises, and the hours during which the business is open to the public is, on a regular basis, less than one-half of the number of hours per week indicated in the application for the certificate of use conformance, or substantially less than the normal and customary number of hours per week that a business of the same nature is open to the public, such fact shall constitute evidence that the business is, in fact, primarily a storage facility or is a warehouse.
§ 12.84.210 Drinking places, and land uses with alcoholic beverage sales.
A.
No application for a retail license for the on-site sale and consumption of alcoholic beverages shall be approved by the city of San Bruno without first securing a use permit under Section 12.112 of the San Bruno zoning ordinance, except as exempted within the municipal code for restaurants with incidental sales as set forth in Section 12.80.408, private clubs and lodges, and special events (public and private).
B.
The decision-making body shall not approve a use permit for a drinking place or other applicable land use with alcoholic beverage sales unless the activity or use conforms to all of the following performance standards:
1.
The activity or use does not jeopardize, endanger or result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;
2.
The activity or use does not result in repeated nuisance activities or police interventions within the premises or in close proximity of the premises, including, but not limited to, criminal activities, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;
3.
The activity or use does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute;
4.
The upkeep and operating characteristics of the activity or use are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;
5.
The applicant for a liquor license receives a Letter of Public Convenience or Necessity, as set forth in Section 12.84.215, for an application which would tend to create a law enforcement problem, or if issuance would result in or add to an "Undue Concentration" of licenses, required due to either of the following conditions:
a.
The applicant premises are located in a crime reporting district that has a twenty percent greater number of reported crimes in a geographical area within the boundaries of the city than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the San Bruno police department that are identified by the department in the compilation and maintenance of statistical information on reported crimes and arrests,
b.
The applicant premises are located in an area of undue concentration, which is defined to exist when an original application or premises-to-premises application is made for a retail on-sale license in a census tract where the ratio of existing on-sale retail licenses to population in the census tract exceeds or will exceed the ratio of retail on-sale licenses to population in San Mateo County.
C.
In addition, the decision-making body may impose such conditions as it deems necessary to secure the purposes of this section, including conditions with respect to location of the use or activity, construction, maintenance, operation, site planning, traffic control and time limits for the use permit for the protection of adjacent properties and the public interest. The decision-making body may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
§ 12.84.215 Public convenience and necessity.
A request for a determination of public convenience or necessity by an applicant for an Alcohol and Beverage Control license from the state of California may be acted on by the community development director, in consultation with the police chief, following payment of a fee established by the city council, except that if the business requires a use permit, the decision-making body of the use permit shall act on the public convenience and necessity finding.
(Ord. 1947, 4/9/2024)
§ 12.84.220 Outdoor dining.
A.
No person or business shall undertake or establish an outdoor dining use on private property outside of an enclosed structure without first securing an architectural review permit pursuant to Chapter 12.108, or for locations in a P-D district, a modification to a P-D permit pursuant to Section 12.96.190(L). A permit for outdoor dining may be issued for a designated outdoor area in off-street parking space areas or existing paved or solid surface areas on private property which do not provide off-street parking spaces.
B.
Outdoor dining on private property shall comply with the following standards:
1.
Designated outdoor dining areas shall be located within outdoor space contiguous to the business sponsor's tenant space unless authorized by the property owner to use other space contiguous to commercial structures or walkways immediately adjacent to enclosed structures.
2.
Designated outdoor dining areas shall be located on an existing level, paved or solid surface area.
3.
Designated outdoor dining areas on private property shall not make inaccessible or block more than two off-street parking spaces or more than ten percent of the total onsite parking spaces, whichever is greater.
4.
Accessible parking space, accessible paths of travel, and electric vehicle charging stations shall not be blocked or become inaccessible from the establishment of the designated outdoor dining area.
5.
Bollards or reinforced structures placed along the edge of travelways or parking areas for vehicular traffic to protect outdoor dining areas, to the satisfaction of the community development director. A minimum of two-feet clear shall be provided between the bollards or reinforced structures and the edge of adjacent parking spaces.
C.
If necessary for utility repair and maintenance, the permittee shall remove any structures, furniture or other improvements that interfere with the necessary repair and maintenance. The city shall provide reasonable notice of the repair and/or maintenance, when feasible. The permittee shall be responsible for any and all costs of removing, storing, and re-installing the structures, furniture and/or other improvements from the designated outdoor dining area.
D.
In the case of an emergency, the city may remove the structures, furniture or other improvements from the designated outdoor dining area without prior notice to the permittee. The permittee shall be responsible for any and all costs of removing, storing, and re-installing the structures, furniture and/or other improvements from the designated outdoor dining area.
(Ord. 1947, 4/9/2024)