The purpose of this chapter is to prescribe development and site regulations that apply, except where specifically stated, to development in all districts. These standards shall be used in conjunction with the standards for each zoning district established in Article II, Base and Overlay District Regulations. In any case of conflict, the standards specific to the zoning district shall override these regulations. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Applicability.

1.    The provisions of this section apply to roofed structures, including but not limited to garages, carports, sheds, workshops, gazebos, and covered patios, that are detached from and accessory to the main building on the site. These provisions also apply to open, unroofed structures such as decks and trellises that are over six (6) feet in height and that are detached from and accessory to the main building on the site. Premanufactured carports or canopies are prohibited under this classification.

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

3.    Detached accessory dwelling units shall comply with Section 18.23.210 and are not subject to the provisions of this section.

B.    Relation to Existing Structures. A detached accessory building may only be constructed on a lot on which there is a permitted main building to which the accessory building is related or on an adjacent lot under the same ownership. However, an accessory building may be constructed prior to a permitted main building and used for not more than one (1) year in connection with the construction of the main building; provided, that a building permit is obtained for the entire project, including the accessory building, prior to the start of any construction.

C.    Number of Accessory Structures. There shall be no more than two (2) accessory structures located on any property without prior approval of the Director.

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

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

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

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

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

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

1.    Accessory structures shall be set back a minimum of three (3) feet from any alley or lot line.

2.    Accessory structures adjacent to the front one-half of any adjacent lot shall be set back a minimum of five (5) feet from the lot line.

3.    Detached garages with a linear length or depth which exceeds twenty-five (25) feet on a side shall be set back a minimum of five (5) feet from the lot line.

4.    Accessory structures other than detached garages with a linear length or depth which exceeds one-third of the unobstructed distance along a property line shall be set back a minimum of five (5) feet from the lot line.

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

H.    Separation from Main Buildings. No detached accessory structure shall be located closer than six (6) feet from the main building, inclusive of roof covering.

I.    Facilities.

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

2.    A detached accessory structure may have plumbing for a washer, dryer, and/or utility sink; provided, that it has an open floor plan without interior partitions, and that it is located at least five (5) feet from side and rear lot lines.

J.    Permits. Accessory structures greater than one hundred twenty (120) square feet shall require Director approval and a building permit from the Building Division. (Ord. 1566 (Exh. B (part)), 2020: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

Any lot or parcel of land under one ownership and of record on the first day of March 1959 may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

1.    Front Yards. No fence, wall, hedge or screen planting of any kind located between the front property line and the front-most wall of a main structure establishing an existing front setback (or the required front setback, whichever is less) shall be constructed, grown or maintained to exceed four (4) feet in height. This height may be increased to up to five (5) feet when the fence, wall, hedge or screen planting is used to screen podium parking. However, front yard fences, hedges or screen plantings within the sight distance triangular area shall not exceed three (3) feet in height unless an exception is obtained pursuant to subsection (C)(14) of this section. This provision shall not apply to the following items; provided, that such amenities do not significantly obstruct vehicular or pedestrian visibility or significantly obscure light to adjacent properties:

a.    Specimen trees or shrubs that do not form a continuous barrier;

b.    Light poles, pillars or pilasters (not to exceed six (6) feet in height and eighteen (18) inches in width);

c.    Front yard fence posts with attached lights (not more than two (2) permitted; posts not to exceed four (4) feet in height and eighteen (18) inches in width and depth plus a two (2) foot high light fixture);

d.    Gates no higher than four (4) feet in height and four (4) feet in width for pedestrian gates; fourteen (14) feet in width for driveway gates;

e.    Trellises used for pedestrian purposes (not to exceed eight (8) feet in height, five (5) feet in width and five (5) feet in depth);

f.    One (1) mailbox structure not to exceed six (6) feet in height;

g.    Up to three (3) statuary structures not to exceed four (4) feet in height, two (2) feet in width and two (2) feet in depth each; and

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

2.    Rear and Side Yards. Fences located between the front-most wall establishing an existing front setback (or the required front setback, whichever is less) and the side or rear lot line shall not be constructed or maintained to exceed six (6) feet in height plus one (1) foot of lattice. If the fence falls within a corner lot or driveway area, the fence must also meet the requirements of subsection (B)(3) of this section, Corner Lots.

3.    Corner Lots. Fences shall be a maximum of three (3) feet in height within the sight distance triangle, unless an exception is obtained from the Building Official as outlined in subsection (C)(14) of this section. Trees, or any portions thereof, that are located within this sight distance triangle shall have a clearance of seven (7) feet high minimum between the lowest portion of the canopy and the sidewalk, and thirteen (13) feet high minimum between the lowest portion of the canopy and street.

FIGURE 18.15.040-B: FENCE AND WALL HEIGHT

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

1.    Recreation Area Fences. Fences not to exceed twelve (12) feet in height may be located around tennis courts, badminton courts, basketball or volleyball courts and similar play areas, providing that all parts of the fence over six (6) feet are made of open-wire construction or other corrosion-resistant material;

2.    Security Fences. Fences not to exceed eight (8) feet in height may be located around industrial, manufacturing or research uses where required for security purposes, screening, or containing and protecting hazardous materials;

3.    Swimming Pool Fences. Fences required for swimming pools are governed by Chapter 15.40, Swimming Pools, and Section 18.15.100, Swimming pools and spas. Swimming pool fences are not subject to Director approval unless they exceed the standard fence height regulations stated in subsection B of this section;

4.    Abutting Nonresidential Fences. Where residential properties abut industrial or commercial areas, or public property other than a public street, fences may be constructed to a height not to exceed eight (8) feet, and meeting minimum sight distance triangle requirements;

5.    Trellises used for pedestrian purposes exceeding eight (8) feet in height, five (5) feet in width and five (5) feet in depth;

6.    Statuary structures exceeding the exemption limit of three (3) structures and/or exceeding four (4) feet in height and two (2) feet in depth;

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

8.    Front yard fence posts with more than two (2) attached lights. In no event shall such posts exceed four (4) feet in height plus a two (2) foot high light fixture;

9.    Chain-link fencing in residential areas is permitted in the side and rear yards with vinyl-coating and landscape screening. Chain-link fencing shall not exceed six (6) feet in height in these areas. Chain-link fencing in front yards in residential areas is not permitted;

10.    Fences not to exceed six (6) feet in height with an additional one (1) foot of lattice for any portion of an irregular lot between the house and property line adjacent to the public right-of-way;

11.    Fences not to exceed six (6) feet in height with an additional one (1) foot of lattice for any portion of a lot two hundred (200) feet in depth or greater between the house and property line adjacent to the public right-of-way. Such fences shall not be located closer than fifteen (15) feet to the front property line;

12.    Fences not to exceed six (6) feet in height with an additional one (1) foot of lattice within front yards when not located in front of a primary residence and not closer than fifteen (15) feet to a front property line;

13.    Gates exceeding four (4) feet in width for pedestrian use or fourteen (14) feet in width for driveway use;

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

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

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

1.    Barbed wire or razor wire, except the use of barbed wire fencing may be permitted for security purposes in industrial districts at the top portion of a fence at least six (6) feet in height upon approval of a conditional use permit;

2.    Electrically charged fences;

3.    All wire, twine or rope fences consisting of one (1) or more strands;

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

5.    Fences constructed or maintained closer than three (3) feet to any fire hydrant;

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

7.    Dilapidated fences;

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

9.    Construction fencing where no valid building permit exists; and

10.    Chain-link fencing in front and corner side yards in residential districts.

E.    Fencing in Mixed-Use and Commercial Zoning Districts. All fencing over six (6) feet in height within mixed-use and commercially zoned districts shall be subject to review and approval by the Director. In no case shall fencing exceed eight (8) feet in height.

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

G.    Building Permit and Staff Approval Requirements.

1.    No person shall erect, construct or maintain any solid fence or wall exceeding six (6) feet in height (exclusive of lattice) without first obtaining a permit from the Building Division.

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

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

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

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

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

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

3.    Any other existing legally nonconforming fence may remain; provided, that it is not replaced as defined in Section 18.41.020, Definitions, or constituting a hazardous condition as determined by the Building Official. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

B.    Waiver of Assessment. No assessment is required for a development proposal located in an area for which the Director determines that sufficient information exists because of previous assessments or reports. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

(Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

B.    General Standards.

1.    Multiple-Unit Residential Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least one-quarter (1/4) foot-candle at the ground level during the hours of darkness. Lighting devices shall be downward directed and protected by weather and vandal-resistant covers.

2.    Nonresidential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one-half (1/2) foot-candle of light. Lighting devices shall be shielded and downward directed to prevent light pollution and contain light onto the subject property.

3.    Pedestrian-Oriented Lighting. In mixed-use districts, exterior lighting shall be provided for pedestrian environments at building entrances, public sidewalks, and public open spaces. Exterior lighting devices shall be downward directed or employ other shielding techniques to prevent light pollution and spillover onto adjacent properties.

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

C.    Control of Outdoor Artificial Light.

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

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

a.    Public and private street lighting.

b.    Athletic Field Lights. Athletic field lights used within a school campus or public or private park.

c.    Safety and Security Lighting. Safety and security lighting for public facilities, including but not limited to the airport and hospitals.

d.    Construction and Emergency Lighting. All construction or emergency lighting fixtures, provided they are temporary and are discontinued immediately upon completion of the construction work or abatement of the emergency.

e.    Seasonal Lighting. Seasonal lighting displays related to cultural or religious celebrations.

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

a.    Drop-down lenses;

b.    Mercury vapor lights; and

c.    Searchlights, laser lights, or any other lighting that flashes, blinks, alternates, or moves.

4.    Fixture Types. All lighting fixtures shall be shielded so as not to produce obtrusive glare onto the public right-of-way or adjoining properties. Lighting fixtures shall adhere to the below requirements:

a.    Freestanding Fixtures. When using freestanding light fixtures, the light elements shall be screened to minimize light spillage, confine light to site, and directed away from neighbors.

b.    Outdoor and Parking Lights. All outdoor and parking lights shall be situated away from windows of residential units to reduce light impact on residents and shall be directed downward and away from adjacent residences and public right-of-way.

c.    Wall-Mounted Fixtures. To minimize the light glare and spillage all wall-mounted fixtures shall be oriented to an angle towards the ground. The optimal angle shall be between fifty (50) and seventy (70) degrees.

d.    Bollard Lighting. Bollard lighting can be used to light walkways and other landscape features but shall cast its light downward.

e.    Security Lighting. Motion-activated security lighting shall not be capable of being activated by any person(s) in the public right-of-way or on adjacent property.

f.    Luminaires. All luminaires shall meet the most recently adopted criteria of the Illuminating Engineering Society of North America (IESNA) for cutoff or full cutoff luminaires.

FIGURE 18.15.070-C(4): FIXTURE TYPES

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

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

a.    Direct or sky-reflected glare from floodlights shall not be directed into any other lot or street.

b.    No light or combination of lights, or activity shall cast light exceeding one (1) foot-candle onto a public street, with the illumination level measured at the centerline of the street.

c.    No light, combination of lights, or activity shall cast light exceeding one-half (1/2) foot-candle onto a residentially zoned lot, or any lot containing residential uses.

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

8.    Alternate Materials and Methods of Installation. Designs, materials, or methods of installation not specifically prescribed by this section may be approved; provided, that the proposed design, material, or method provides approximate equivalence to the specific requirements of this section or is otherwise satisfactory and complies with the intent of these provisions. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

FIGURE 18.15.080: BUILDING PROJECTIONS

(Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

D.    Common Property Lines. A screening wall eight (8) feet in height shall be provided on the interior lot lines of any lot that contains any industrial use, or transportation, communication and utilities use (except communication facilities and minor utilities), or use allowed in the Mixed-Use Neighborhood District on East San Carlos Avenue and Old County Road, as defined in Chapter 18.40, Use Classifications, and abuts a residential district. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another nonresidential use classification.

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

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

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

4.    Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

F.    Swimming pools shall be built and maintained per the requirements of the California Building Code. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

1.    Applicability. Solid waste and recycling-container enclosures are required for new dwelling groups of three or more dwelling units and for all new nonresidential development, for any nonresidential addition, and for remodels of nonresidential buildings as determined by the Building Official.

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

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

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

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

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

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

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

E.    Materials, Construction, and Design.

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

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

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

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

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

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

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

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

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

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

11.    Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of sixty-two thousand pounds. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Underground Utilities. All electrical, telephone, cable television, and similar distribution lines providing direct service to a project shall be installed underground within the site.

1.    Construction of any new single-family home, or an addition to a single-family home (including ADUs/JADUs and urban infill units), is exempt from the requirement to underground utilities unless the utility distribution system providing service to the property is located underground at time of building permit submittal. This exemption does not apply to projects involving multiple single-family homes (i.e., subdivisions).

2.    The Director may waive the requirement to underground utilities upon determining that underground installation is infeasible.

3.    For single-family home projects that have been issued a building permit but have not yet received a certificate of occupancy as of May 13, 2024, the provisions provided hereinabove shall apply.

B.    Above-Ground Utilities. Public utilities equipment, where provided above ground, shall comply with the following:

1.    Such equipment shall not be located within any required front setback area.

2.    Such equipment shall be screened using one (1) or more of the following approaches:

a.    Landscaping.

b.    Raised planters: minimum height of twelve (12) inches with landscape.

c.    Mesh fence for vertical vegetation.

d.    Walls or fencing consistent with the overall architecture of the building. (Ord. 1615 § 4 (Exh. A), 2024; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

FIGURE 18.15.130: INTERSECTION AND DRIVEWAY VISIBILITY

(Ord. 1438 § 4 (Exh. A (part)), 2011)

Where required, conformance with applicable airport land use compatibility plan standards, as described in Section 18.21.150, San Carlos Airport land use compatibility plan consistency, is required. (Ord. 1606 (Exh. A), 2023)

The purpose of this chapter is to:

A.    Encourage the development and availability of housing affordable to a broad range of households with varying income levels within the City as mandated by State law, California Government Code Section 65580 et seq.

B.    Enhance the public health, safety, and welfare within the City. Requiring builders of new market rate housing to provide some housing affordable to very low-, low-, and moderate-income households is also reasonably related to the impacts of such developments, because there is a need to offset the demand for affordable housing that is created by new development and mitigate environmental and other impacts that accompany new residential and commercial development by: protecting the economic diversity of the City’s housing stock; reducing traffic, transit, and related air quality impacts; promoting jobs/housing balance; and reducing the demands placed on transportation infrastructure in the region.

C.    Promote the City’s goal to add affordable housing units to the City’s housing stock in proportion to the overall increase in new jobs and housing units.

D.    Support the Housing Element policy to consider use of funds for developments with a higher percentage of below market rate units or deeper affordability than otherwise is required.

E.    Support the Housing Element policy to encourage accessory dwelling units as a form of affordable housing.

F.    Support the Housing Element goal of assisting in the development of new housing that is affordable at all income levels and the policies and actions that support this goal.

G.    Support the Housing Element goal of removing and/or mitigating potential governmental constraints to the provision of adequate, affordable housing and the policies and actions that support this goal.

H.    Support the guiding principle of the Housing Element that housing in San Carlos supports an economically and socially diverse population.

I.    Support the guiding principle of the Housing Element that housing in San Carlos creates and supports vibrant neighborhoods and a cohesive sense of community.

J.    Meet the housing needs identified by the Housing Element of the General Plan.

K.    Encourage the production of the very low-, low-, and moderate-income units planned for in the Housing Element of the General Plan.

L.    Comply with the provisions of Government Code Section 65915 mandating the adoption of a City ordinance that specifies procedures for providing density bonuses and other incentives and concessions.

M.    Provide and maintain affordable housing opportunities in the City through an affordable housing program for both ownership and rental housing, and, in furtherance of that goal, include rental affordable housing requirements in this chapter consistent with Government Code Sections 65850(g) and 65850.01.

N.    Provide builders with alternatives to construction of below market rate units on the same site as the market rate residential development. Therefore, this chapter includes a menu of options from which a builder may select an alternative to the construction of below market rate units on the same site as the market rate residential development. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1566 (Exh. B (part)), 2020: Ord. 1550 § 2 (part), 2019: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.010)

As used in this chapter and in Chapter 18.17, the following terms shall have the following meanings:

A.    “Administrator” means the Housing Manager of the City or other person designated by the City Manager.

B.    “Affordable ownership cost” means a sales price for a below market rate unit, based on a reasonable down payment, that results in a monthly housing cost (including mortgage principal and interest, property taxes, insurance, a reasonable allowance for utilities (pursuant to a schedule provided by the San Mateo County Housing Authority), parking, and homeowners’ association costs, if any) that does not exceed:

1.    For very low-income households, one-twelfth (1/12) of fifty percent (50%) of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent (30%).

2.    For low-income households, one-twelfth (1/12) of seventy percent (70%) of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent (30%).

3.    For moderate-income households, one-twelfth (1/12) of one hundred ten percent (110%) of area median income, adjusted for assumed household size based on unit size, multiplied by thirty-five percent (35%).

C.    “Affordable rent” means monthly rent, including a reasonable allowance for utilities (pursuant to a schedule provided by the San Mateo County Housing Authority), parking, and any separately charged fees for use of the property for a below market rate unit that does not exceed:

1.    For very low-income households, one-twelfth (1/12) of fifty percent (50%) of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent (30%).

2.    For low-income households, one-twelfth (1/12) of sixty percent (60%) of area median income, adjusted for assumed household size based on unit size, multiplied by thirty percent (30%).

D.    “Area median income” means the median household income for San Mateo County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

E.    “Assumed household size based on unit size” means a household of one (1) person in a studio unit, two (2) persons in a one (1) bedroom unit, three (3) persons in a two (2) bedroom unit, and one (1) additional person for each additional bedroom, unless the requirements of another funding source require an alternate method of calculating assumed household size.

F.    “Below market rate housing agreement” means a written agreement between a builder and the City as provided by Section 18.16.060(C).

G.    “Below market rate housing plan” means a plan for a residential development submitted by a builder as provided by Section 18.16.060(B).

H.    “Below market rate incentives” means incentives provided by the City for below market rate (BMR) units and density bonus BMR units pursuant to Chapter 18.17.

I.    “Below market rate (BMR) unit” means a dwelling unit that shall be offered at an affordable rent or affordable ownership cost to moderate-, low- and very low-income households and is required by the City pursuant to Section 18.16.030.

J.    “Builder” means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks City approvals for all or part of a residential development.

K.    “City” means the City of San Carlos.

L.    “Density bonus” is as defined in Chapter 18.17.

M.    “Density bonus below market rate (BMR) unit” is as defined in Chapter 18.17.

N.    “First approval” means the first discretionary approval to occur with respect to a residential development, or, for residential developments not requiring a discretionary approval, the issuance of a building permit.

O.    “Household” means one (1) person living alone or two (2) or more persons sharing residency whose income is considered for housing payments.

P.    “In lieu fee” is as defined in Section 18.16.030(C).

Q.    “Low-income household” means a household whose annual income does not exceed the qualifying limits set for lower-income households in California Health and Safety Code Section 50079.5.

R.    “Market rate unit” means a dwelling unit in a residential development that is not a below market rate unit or a density bonus BMR unit or is not otherwise required by this chapter to be affordable to very low-, low-, or moderate-income households.

S.    “Moderate-income household” means a household whose income does not exceed the qualifying limits set for persons and families of low or moderate income in California Health and Safety Code Section 50093.

T.    “Off-site below market rate unit” means a below market rate unit that will be built separately or at a different location than the residential development.

U.    “On-site below market rate unit” means a below market rate unit that will be built at the same location as the residential development.

V.    “Residential development” means any development project requiring any discretionary permit from the City, or a building permit, and which would create one (1) or more additional dwelling units and/or lots by construction or alteration of structures, or by subdivision of existing lots, or which would add one thousand (1,000) square feet or more to an existing dwelling unit. A residential development includes dwelling units that are part of a mixed-use development and the conversion of existing dwelling units to community housing subdivision ownership as defined in Chapter 17.48.

W.    “Residential ownership development” means any residential development project that includes the creation of one (1) or more residential dwelling units and/or lots that may be sold individually, or that would add one thousand (1,000) square feet or more to an existing dwelling unit that may be sold individually. A residential ownership development also includes the conversion of existing dwelling units to community housing subdivision ownership as defined in Chapter 17.48.

X.    “Residential rental development” means any residential development project that creates one (1) or more residential dwelling units that cannot be sold individually, or that would add one thousand (1,000) square feet or more to an existing dwelling unit that cannot be sold individually.

Y.    “Very low-income household” means a household whose income does not exceed the qualifying limits set for very low-income households in California Health and Safety Code Section 50105. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1550 § 2 (part), 2019: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.030)

A.    Residential Development. For all residential ownership developments of five (5) or more dwelling units, at least twenty percent (20%) of the total units shall be below market rate units restricted for sale to and occupancy by low-income households unless the residential development is exempt under Section 18.16.040. For all residential rental developments of seven (7) or more dwelling units, at least fifteen percent (15%) of the total units shall be below market rate units restricted for rent to and occupancy by low and very low-income households unless the residential development is exempt under Section 18.16.040. The number and type of below market rate units required for a particular residential development will be determined at first approval of the residential development in accordance with the provisions of Section 18.16.060. If a change in the residential development design results in a change in the total number of units, the number of below market rate units required will be recalculated to coincide with the final approved project.

1.    Residential Ownership Development. At least twenty percent (20%) of the total units in a residential ownership development shall be below market rate units affordable to low-income households unless an alternative is approved as described in Section 18.16.070.

2.    Residential Rental Development. At least fifteen percent (15%) of the total units in a residential rental development shall be below market rate units, of which ten percent (10%) shall be affordable to very low-income households and five percent (5%) affordable to low-income households unless an alternative is approved as described in Section 18.16.070. Projects may alternatively, but are not required to, designate fifteen percent (15%) of the units as affordable to very low-income households in order to maximize the benefits allowed by the State Density Bonus Law, Government Code Section 65915.

B.    Calculation. In determining the number of whole below market rate units required, calculations shall be based on the number of dwelling units in the residential development, excluding any units above the otherwise maximum allowable density that are approved pursuant to the State Density Bonus Law, Government Code Section 65915 et seq. Any decimal fraction less than one-half (0.5) shall be rounded down to the nearest whole number, and any decimal fraction of one-half (0.5) or more shall be rounded up to the nearest whole number.

C.    In Lieu Fee. Under the circumstances specified in this subsection, the below market rate housing requirements in subsection A of this section may be satisfied by the payment of a fee to the City in lieu of constructing the below market rate units within the residential development.

1.    For a residential ownership development of one (1) dwelling unit, or for an addition of one thousand (1,000) square feet or more to an existing dwelling unit that may be sold individually, the builder shall pay an in lieu fee or construct an accessory dwelling unit consistent with Section 18.23.210, Accessory dwelling units/junior accessory dwelling units.

2.    For a residential development that creates one (1) additional lot, or two (2) to six (6) rental dwelling units and/or lots, or two (2) to four (4) ownership dwelling units and/or lots, or for a residential development that triggers a decimal fraction of less than one-half (0.5), the builder shall pay an in lieu fee for the fractional unit requirement or build a below market rate unit affordable to a low-income household.

3.    The in lieu fee may be established from time to time by resolution of the City Council or may be determined for a specific residential development through the preparation of an affordability gap analysis that will determine the difference between the affordable sales price or rent and the fair market value for the unit, but in no event shall the in lieu fee exceed the cost of mitigating the impact of market rate units in a residential development on the need for affordable housing in the City.

4.    Nothing in this chapter or Chapter 18.17 shall deem or be used to deem the in lieu fee authorized pursuant to this subsection C as an ad hoc exaction or as a mandated fee required as a condition to developing property. Any in lieu fee adopted by the City Council is a menu option that may serve as an alternative to the on-site below market rate housing requirements set forth in this chapter.

D.    Below Market Rate Units Eligible for State Density Bonus. If a residential development receives a density bonus pursuant to Government Code Section 65915, any density bonus BMR unit and any dedication of property that made the residential development eligible for the density bonus that also satisfies the requirements of this chapter shall be counted as below market rate units pursuant to this chapter. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1566 (Exh. B (part)), 2020: Ord. 1550 § 2 (part), 2019: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.040)

The requirements of Section 18.16.030 do not apply to:

A.    Residential development of a legal accessory dwelling unit consistent with Section 18.23.210, Accessory dwelling units/junior accessory dwelling units.

B.    The reconstruction of any dwelling units that have been destroyed by fire, flood, earthquake or other act of nature; provided, that the reconstruction of the site does not increase the number of legally constructed dwelling units or increase the area of the legally constructed dwelling units by one thousand (1,000) square feet or more.

C.    Additions to existing dwelling units of less than one thousand (1,000) square feet.

D.    Residential developments that already have more deed-restricted units that are affordable to moderate-, low- and very low-income households than Section 18.16.030 requires. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1566 (Exh. B (part)), 2020: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.050)

Below market rate units built under Section 18.16.030 shall conform to the following standards:

A.    Design. Except as otherwise provided in this chapter, and subject to the approval of the Administrator, below market rate units shall be evenly dispersed by floor and general location throughout a residential development and, consistent with Health and Safety Code Section 17929, may not be isolated to a specific floor or area on a specific floor and must have the same access to the common entrances to a structure as the market rate units. Below market rate units may have different interior finishes and features than market rate units in the same residential development, so long as the finishes and features are durable, of good quality, compatible with the market rate units, and consistent with contemporary standards for new housing. Below market rate units must in aggregate be no smaller in average size than market rate units in the same residential development and the number of bedrooms in below market rate units shall be in the same proportion as in the total number of units in the residential development.

B.    Timing. All below market rate units shall be constructed and occupied concurrently with or prior to the construction and occupancy of market rate units, and in phased residential developments, below market rate units may be constructed and occupied in proportion to the number of units in each phase of the residential development, unless an alternative phasing plan is approved as part of the below market rate housing plan for the residential development.

C.    Duration of Affordability Requirement. Below market rate units produced under this chapter and Chapter 18.17 shall be legally restricted to occupancy by households of the income levels for which the units were designated in perpetuity.

D.    Parking. Below market rate units must be provided parking spaces at a ratio equivalent to the distribution of parking spaces among market rate units for an equivalent bedroom size (for instance, if one and one-half (1.5) parking spaces on average are provided for each two (2) bedroom market rate unit, then the two (2) bedroom below market rate units must be provided one and one-half (1.5) parking spaces on average). Any fractional result must be rounded up. For residential ownership developments, any additional cost for the parking spaces must be included in calculating the affordable ownership cost for the below market rate units. For residential rental developments, any additional cost for the parking spaces must be included in calculating the affordable rent for the below market rate units. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.060)

A.    General. Approval of a below market rate housing plan and recordation of an approved below market rate housing agreement prior to the recordation of any final or parcel map, or, if no final or parcel map is required, prior to issuance of any building permit, is a condition of the first approval of any residential development to which Section 18.16.030 applies. This section does not apply to exempt projects or to residential developments where the requirements of Section 18.16.030 are satisfied by payment of a fee under Section 18.16.030(C).

B.    Below Market Rate Housing Plan. The decision-making body for the first approval (either the Planning and Transportation Commission or the City Council) shall approve, conditionally approve or reject the below market rate housing plan. No application for a first approval for a residential development to which Section 18.16.030 applies shall be deemed complete until a below market rate housing plan, in a form satisfactory to the Administrator, is deemed complete by the Administrator. The below market rate housing plan shall include:

1.    The location, structure (attached, semi-attached, or detached), proposed tenure (for sale or rental), number of bedrooms, and size of the proposed market rate and below market rate units and the basis for calculating the number of below market rate units;

2.    A floor or site plan depicting the location of the market rate and below market rate units and the location of the common entrances;

3.    The income levels to which each below market rate unit will be made affordable;

4.    The same information for any below market rate units provided to meet other requirements of State law, including but not limited to density bonus law, Government Code Section 65915; streamlined approval (SB 35; Government Code Section 65913.4); or the Housing Crisis Act of 2019 (Government Code Section 66300);

5.    For a phased residential development, a phasing plan that provides for the timely development of the number of below market rate units proportionate to each proposed phase of development, or with an alternative phasing plan;

6.    A description of any below market rate incentive requested pursuant to Chapter 18.17;

7.    Any alternative means designated in Section 18.16.070(A) proposed for the residential development, along with information necessary to support the findings required by Section 18.16.070(B) for approval of such alternatives;

8.    Builder’s agreement to conform to the provisions of this chapter, including but not limited to the provisions of Sections 18.16.080 through 18.16.100; and

9.    Any other information reasonably requested by the Administrator to assist with evaluation of the below market rate housing plan under the standards of this chapter.

C.    Below Market Rate Housing Agreement. The forms of the below market rate housing agreement and any resale and rental restrictions, deeds of trust, options to purchase, and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the Administrator and the City Attorney or his or her designee prior to being executed with respect to any residential development prior to the recordation of any final or parcel map, or, if no final or parcel map is required, prior to issuance of any building permit. The form of the below market rate housing agreement will vary, depending on the manner in which the provisions of this chapter are satisfied for a particular development. All below market rate housing agreements shall include, at minimum, the following:

1.    Description of the residential development, including whether the below market rate units will be rented or owner-occupied;

2.    The number, size, number of bedrooms, and location of all below market rate units;

3.    Below market rate incentives granted by the City, if any, pursuant to Chapter 18.17;

4.    Provisions and/or documents for resale restrictions, deeds of trust, options to purchase, rental restrictions, or other documents as appropriate;

5.    Provisions for monitoring the ongoing affordability of the units, and the process for qualifying prospective resident households for income eligibility;

6.    Formula for calculating affordable rent and/or affordable ownership cost and the proposed initial sales price for the below market rate units, any density bonus BMR units, and any very low- or low-income housing units required to meet any other requirements of State law, including but not limited to density bonus law, Government Code Section 65915; streamlined approval (SB 35; Government Code Section 65913.4); or the Housing Crisis Act of 2019 (Government Code Section 66300), as applicable;

7.    Builder’s agreement to conform to the provisions of this chapter, including but not limited to the provisions of Sections 18.16.080 through 18.16.100; and

8.    Any additional obligations relevant to the compliance with this chapter.

If a builder chooses to satisfy all or a portion of the below market rate requirement with rental units, as permitted by Government Code Section 65589.8, then the below market rate housing agreement shall include the builder’s agreement to the limitations on rents and applicable terms and conditions required by Section 18.16.030(C).

D.    Recording of Agreement. Prior to the recordation of any final or parcel map for a residential development, or, if no final or parcel map is required, prior to issuance of any building permit for a residential development, below market rate housing agreements that are approved and fully executed shall be recorded against residential developments containing below market rate units. Additional rental or resale restrictions, deeds of trust, options to purchase, and/or other documents acceptable to the Administrator shall also be recorded at the time of sale against owner-occupied below market rate units. In cases where the requirements of this chapter are satisfied through the development of off-site below market rate units, the below market rate housing agreement shall simultaneously be recorded against the property where the off-site below market rate units are to be developed.

E.    Amendments. Modifications to the below market rate housing plan shall be considered a change in the approved conditions of approval and processed in the same manner as the original below market rate housing plan. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1583 § 2 (Exh. A), 2022; Ord. 1550 § 2 (part), 2019; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.070)

A.    Builder Proposal. A builder may propose an alternative means of compliance in a below market rate housing plan required by Section 18.16.060(B) according to the following provisions. The builder may also partner with a nonprofit affordable housing provider to meet its below market rate housing obligations through one of the alternatives set forth in this section.

1.    Provision of a Greater Level of Affordability. The builder may propose a greater level of affordability than required under this chapter and reduce the total number of units otherwise required.

2.    Off-Site Construction. Below market rate units may be proposed off-site within the City limits if it the proposal meets all of the following conditions:

a.    The off-site construction proposal would result in a minimum of ten percent (10%) more total below market rate units than required by this chapter.

b.    The below market rate units will be located in an area where, based on the availability of affordable housing, the decision-making body finds that the need for such units is greater than the need in the area of the proposed development.

c.    The off-site location is suitable for the proposed below market rate housing, consistent with any adopted guidelines and the Housing Element, and will not tend to cause residential segregation or concentrations of poverty.

d.    If the builder proposes to provide rental off-site below market rate units in place of ownership on-site below market rate units, the rental off-site below market rate units shall meet the affordability and other requirements specified in Section 18.16.030.

e.    Off-site below market rate units shall meet or exceed minimum quality standards specified in conditions of approval and may include any combination of new dwelling units, new dwelling units created in existing structures, or the preservation of existing affordable units at risk of loss or by conversion of existing market rate units to below market rate units if the preservation or conversion of these units is consistent with Government Code Section 65583.1 and allows the City to use the preserved or converted units to help meet its regional housing needs allocation.

The following information, to the satisfaction of the Administrator, is required for submittal of a proposal for off-site below market rate units:

i.    If the off-site below market rate units will not be constructed concurrently with the market rate units, the builder shall specify the security to be provided to the City to ensure that the below market rate units will be constructed in a timely manner, including evidence of ownership or control of any sites proposed for the below market rate units, to the satisfaction of the Administrator, and clear and convincing evidence that financing has been secured for the off-site below market rate units.

ii.    For preservation of existing affordable units at risk of loss or conversion of existing market rate units to below market rate units:

(A)    Existing rent or appraised value of each unit on the property to be converted, proposed rents or sales prices after conversion or preservation, and any existing rent limits, resale price restrictions, or other affordability restrictions imposed by any public agency, nonprofit agency, land trust, or other body.

(B)    Size of households occupying each unit on the property to be converted, vacancy rates for each month during the past two (2) years, and existing tenant incomes.

(C)    A property inspection report prepared by a certified housing inspector and a termite report, both prepared no more than sixty (60) days before the filing of the application. The property inspection report shall include a full examination of all common and private areas within the existing dwelling units for compliance with applicable building codes.

(D)    Plans and a written description of rehabilitation to be completed, including correction of all code violations and completion of all termite repairs described in the property inspection report and termite report; cost of rehabilitation; and the appraised value of the property, including land, buildings, and all other improvements, after rehabilitation.

(E)    Description of benefits to be offered existing tenants, including but not limited to right of first refusal to remain in the unit, and required relocation assistance for existing tenants.

(F)    Evidence that the proposal complies with the provisions of Government Code Section 65583.1 and that the City may utilize the units to help meet its regional housing needs allocation.

3.    Land Dedication. Below market rate units may be proposed off site within the City limits if the proposal meets all of the following conditions:

a.    The land dedication proposal would result in a minimum of ten percent (10%) more total below market rate units than required by this chapter.

b.    The dedicated land is located either on the site of the housing development or in an area where, based on the availability of affordable housing, the decision-making body finds that the need for such units is greater than the need in the area of the proposed development.

c.    The dedicated land is suitable for the proposed below market rate housing, consistent with any adopted guidelines and the Housing Element, and will not tend to cause residential segregation or concentrations of poverty.

d.    The affordable housing to be built on the dedicated land shall meet or exceed minimum quality standards specified in this chapter.

The builder shall specify the security to be provided to the City to ensure that the below market rate units will be constructed on the dedicated land in a timely manner, including evidence of ownership or control of the sites to be dedicated, to the satisfaction of the Administrator, and clear and convincing evidence that financing has been secured for the construction of the below market rate units on the dedicated land. Prior to issuance of any building permit for the residential development, the property shall either be dedicated to the City or to the developer of the below market rate units on the dedicated land, as determined by the City.

4.    Preservation of Historically Significant Structures and Resources. Adjustments may be made to the required number and affordability level of the below market units based on the economics associated with preservation of historically significant structures and resources as identified under guidelines as set forth by the California Environmental Quality Act (CEQA).

5.    Rental Units in Place of Ownership Units. The builder may propose rental on-site below market rate units in a residential ownership development rather than sell below market rate units. If the builder proposes this alternative, then at least fifteen percent (15%) of the total units (excluding any units approved beyond the otherwise maximum allowable density pursuant to the State Density Bonus Law) shall be below market rate units which meet the standards set forth in Section 18.16.030 for residential rental developments.

6.    Combination. The decision-making body may accept any combination of the above options.

B.    Findings. The decision-making body for the first approval may approve, conditionally approve or reject any alternative proposed by a builder as part of a below market rate housing plan. Any approval or conditional approval shall be based on the following finding:

1.    That the purposes of this chapter would be better served by implementation of the proposed alternative(s) and that the proposal meets the greatest community needs at the time the alternative is reviewed. As one of the factors determining whether the purposes of this chapter would be better served under the proposed alternative, the decision-making body shall consider whether implementation of an alternative would cause or exacerbate racial segregation and, if so, shall reject the alternative. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1550 § 2 (part), 2019; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.080)

A.    General Eligibility. If the City or its designee maintains a list of eligible households, initial and subsequent occupants will be selected first from the list of eligible households, to the maximum extent possible, in accordance with any rules approved by the Administrator.

B.    Preferences. Preferences will be given to those households where at least one (1) member in the household lives or works in San Carlos, including part-time and household workers, or works for a public agency, such as a school district or fire district, serving residents living in the City of San Carlos, except for those households deemed ineligible due to conflict of interest listed in subsection C of this section.

C.    Conflict of Interest. The following individuals are ineligible to purchase or rent a below market rate unit as specified below:

1.    Elected City Council officials and all Planning and Transportation Commissioners (including their spouses and dependents);

2.    All City staff members (including their spouses and dependents) who participated in the approval process for the residential development or who establish policy for City housing programs;

3.    The builder and its officers and employees (and their spouses and dependents); and

4.    The project or land owner of the residential development and its officers and employees (and their spouses and dependents).

D.    Occupancy. Any household which occupies a rental below market rate unit or purchases a below market rate unit shall occupy that unit as its principal residence and shall not lease or sublease to a different party. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.100)

A.    Initial Sales Price for Below Market Rate Units. The initial sales price of a below market rate unit shall be set by the City at the time a building permit is issued for the below market rate unit so that the eligible household will pay an affordable ownership cost. The initial sales price shall be based on the builder’s estimate of homeowners’ association dues, if any, the City’s assumptions for interest rates and other factors, and the formula for calculating sales prices contained in the below market rate housing agreement. The City shall provide the builder with an estimate of the initial sales price for the below market rate units at an earlier date upon written request by the builder. After the building permit is issued, the initial sales price may be adjusted by the City due to changes in market factors upon written request by the builder no less than ninety (90) days prior to marketing of the below market rate units. In no case will the initial sales price be adjusted below the initial sales price calculated when the building permit was issued.

B.    Certification of Eligibility. The income of each household proposed to purchase a below market rate unit shall be certified to the City or the City’s designee prior to the sale of a below market rate unit. Each household shall provide written verification of income, including but not limited to such documents as income tax returns for the previous calendar year, W-2 statements, and pay stubs. Income verification shall be submitted on a form approved by the City.

C.    Initial Sales Deed Restrictions. Deed restrictions provided by the City and recorded against title to the below market rate unit shall be required as a condition of sale for all owner-occupied below market rate units and shall include, but are not limited to, the City’s purchase option, resale restrictions, and procedures and policies regarding changes in title to ensure that owner-occupied below market rate units remain affordable in perpetuity. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.110)

A.    Initial Rents for Below Market Rate Units. The initial rent of below market rate units shall be set by the City at least thirty (30) days prior to marketing of the below market rate units so that the eligible households will pay an affordable rent. The initial rent shall be based on a schedule provided by the San Mateo County Housing Authority and the formula for calculating rents contained in the below market rate housing agreement. The City shall provide the builder with an estimate of the initial rent for the below market rate units at an earlier date upon written request by the builder.

B.    Selection of Tenants. Rental units will be offered to eligible households at an affordable rent. If no eligible households are identified by the City pursuant to Section 18.16.080, the owners of rental below market rate units shall fill vacant units by selecting income-eligible households from the San Mateo County Office of Housing, Section 8 Housing Choice Voucher program or similar program. If no eligible households are identified from the County program or similar program, owners may fill vacant units through their own selection process; provided, that they publish notice of the availability of below market rate units according to guidelines established by the Administrator.

C.    Certification of Eligibility. The owner of rental below market rate units shall certify each tenant household’s income to the City or City’s designee at the time of initial rental and annually thereafter. The owner shall obtain and review documents from each tenant household that provide written verification of income, including but not limited to such documents as income tax returns for the previous calendar year, W-2 statements, and pay stubs. Income verification shall be submitted on a form approved by the City.

D.    Nondiscrimination. When selecting tenants, the owners of below market rate units shall follow all fair-housing laws, rules, regulations, and guidelines. The owner shall apply the same rental terms and conditions to tenants of below market rate units as are applied to all other tenants, except as required to comply with this chapter (for example, rent levels and income requirements) or with other applicable government subsidy programs.

E.    Move-In Costs. Total deposits, including security deposits, required of households occupying a below market rate unit shall be limited to first and last month’s rent plus a cleaning deposit not to exceed one month’s rent.

F.    Annual Report. The owner shall submit an annual report summarizing the occupancy of each below market rate unit for the year, demonstrating the continuing income eligibility of each tenant, and the rent charged for each below market rate unit. The Administrator may require additional information to confirm household income and rents charged for the unit if he or she deems it necessary.

G.    Periodic Audit. The City maintains the right to periodically audit the information supplied to the City for the annual report if deemed necessary to ensure compliance with this chapter. In addition, owners of below market rate units shall cooperate with any audits conducted by the City, State agencies, Federal agencies, or their designees.

H.    Rent Regulatory Agreements. A rent regulatory agreement provided by the City shall be recorded against any residential rental development prior to final inspection or issuance of any certificate of occupancy for any dwelling unit in the residential development. The rent regulatory agreement shall include the developer’s agreement to rent the below market rate units at affordable rents in perpetuity. The rent regulatory agreement shall include, but not be limited to, the limitations on rents required by this section, provisions for selection of tenants and tenant eligibility, provisions for nondiscrimination and monitoring, and other provisions required to ensure compliance with this chapter.

I.    Changes in Tenant Income. If, after moving into a below market rate unit, a tenant’s household income exceeds the limit for that unit, the following shall apply:

1.    If the tenant’s income does not exceed the income limits of other below market rate units in the residential development, the owner may, at the owner’s option, allow the tenant to remain in the original unit and redesignate the unit as affordable to households of a higher income level, as long as the next vacant unit is redesignated for the income category previously applicable to the tenant’s household. Alternatively, if a below market rate unit meeting the tenant’s revised income threshold becomes available within six (6) months and the tenant meets the income eligibility for that unit, the owner shall allow the tenant to apply for that unit.

2.    If there are no units designated for a higher income category within the residential development that may be substituted for the original unit, the owner may raise the tenant’s monthly rent to an amount, net of utilities, that is the lesser of rent for a comparable market rate unit in the residential development or one-twelfth (1/12) of thirty percent (30%) of the tenant’s household income. Upon vacancy by the tenant, the unit must be rented to a household in the income category previously applicable to the unit.

3.    If the tenant’s income exceeds the income designated for all below market rate units in the residential development, the tenant shall be given six (6) months’ notice to vacate the unit. If within those six (6) months another unit in the residential development is vacated, the owner may, at the owner’s option, allow the tenant to remain in the original unit, increase the rent to that for a comparable market rate unit in the residential development, and designate the newly vacated unit as a below market rate unit affordable at the income level previously applicable to the unit converted to market rate. The newly vacated unit shall be comparable in size (for example, number of bedrooms, bathrooms, square footage, etc.) to the original unit. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.120)

A.    Trust Fund. A fund for the deposit of fees established under this and similar prior municipal codes exists as Fund 29 (the “fund”). This fund shall receive all fees contributed under this chapter and may also receive monies from other sources.

B.    Purpose and Limitations. Monies deposited in the fund shall be used to increase and improve the supply of housing affordable to moderate-, low-, very low-, and extremely low-income households. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this chapter.

C.    Administration. The fund shall be administered by the Administrator, who may develop procedures to implement the purposes of the fund consistent with the requirements of this chapter and subject to any adopted budget of the City.

D.    Expenditures. Fund monies shall be used in accordance with the City’s Housing Element, or subsequent plans adopted by the City Council to maintain or increase the quantity, quality, and variety of affordable housing units or assist other governmental entities, private organizations or individuals to do so. Permissible uses include, but are not limited to, land acquisition, debt service, parcel assemblage, gap financing, housing rehabilitation, grants, unit acquisition, new construction, and other pursuits associated with providing affordable housing. The fund may be used for the benefit of both rental and owner-occupied housing. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.130)

A.    Periodic Review. It is the intent of the City Council to review the provisions of this chapter concurrently with the review of the City’s Housing Element, including provisions for income targeting, funding priorities, fees, and other provisions, to ensure that such provisions are economically feasible and are designed to serve the community’s highest priorities for the provision of affordable housing.

B.    Penalty for Violation. It shall be a misdemeanor to violate any provision of this chapter. Without limiting the generality of the foregoing, it shall also be a misdemeanor for any person to sell or rent to another person a below market rate unit or density bonus BMR unit at a price or rent exceeding the maximum allowed under this chapter or Chapter 18.17 or to sell or rent a below market rate unit or density bonus BMR unit to a household not qualified under this chapter. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of a below market rate unit or density bonus BMR unit to obtain occupancy of housing for which he or she is not eligible.

C.    Legal Action. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:

1.    Actions to revoke, deny or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval;

2.    Actions to recover from any violator of this chapter civil fines, restitution to prevent unjust enrichment from a violation of this chapter, and/or enforcement costs, including attorneys’ fees;

3.    Eviction or foreclosure; and

4.    Any other appropriate action for injunctive relief or damages. Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any person, owner, household or other party from the requirements of this chapter. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010: Ord. 1340 § 1 (part), 2004. Formerly 18.200.140)

A.    Requests for waivers shall be made concurrent with application submittal. As part of an application for the first approval of a residential development, a builder may request that the requirements of this chapter be reduced, adjusted, or waived based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. Any such request shall be submitted concurrently with the below market rate housing plan required by this chapter. The builder shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. The City may assume each of the following when applicable:

1.    The builder will benefit from the incentives set forth in the municipal code; and

2.    If required to provide below market rate units, the builder will provide the most economical affordable housing units feasible in terms of financing, construction, design, location and tenure.

B.    The City Council, based upon legal advice provided by or at the behest of the City Attorney, may approve a reduction, adjustment, or waiver if the Council determines that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver may be approved only to the extent necessary to avoid an unconstitutional result after adoption of written findings, based on legal analysis and the evidence. If a reduction, adjustment, or waiver is granted, any change in the residential development shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 3 (Exh. A (part)), 2010. Formerly 18.200.150)

The purpose of this chapter is to provide procedures for granting incentives for the construction of affordable housing to encourage the production of affordable housing and to achieve the following additional goals:

A.    Housing Element Goals and Policies. To implement goals and policies contained in the Housing Element providing for incentives for the construction of affordable housing.

B.    Compliance with State Law. To comply with the provisions of Government Code Section 65915 et seq. (“State Density Bonus Law”), which mandates the adoption of a City ordinance specifying procedures for providing the density bonuses and other incentives and concessions required by those sections. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.010)

Terms defined in Section 18.16.020 shall have the same meaning in this chapter. In addition, the following terms shall have the following meanings when used in this chapter:

A.    “Bonus units” means dwelling units allowed pursuant to Section 18.17.030(A) or Section 18.17.040 that exceed the otherwise allowable maximum gross residential density for a housing development.

B.    “Concessions and incentives” means regulatory concessions and incentives as defined by Government Code Section 65915(k).

C.    “Density bonus” means a density increase over the otherwise allowable maximum gross residential density for a housing development, pursuant to Section 18.17.030(A) or Section 18.17.040.

D.    “Density bonus below market rate (BMR) unit” means a dwelling unit that is offered at an affordable rent or affordable ownership cost to moderate-, low- or very low-income households; and qualifies a housing development for a density bonus pursuant to Section 18.17.040.

E.    “Development standard” means a site or construction condition that applies to a housing development pursuant to any ordinance, General Plan element, specific plan, or other local condition, law, policy, resolution, or regulation. A “site and construction condition” is a development regulation or law that specifies the physical development of a site and buildings on the site in a housing development.

F.    “Maximum allowable gross residential density” means the maximum number of dwelling units permitted in a housing development by the City’s Zoning Ordinance and by the Land Use Element of the General Plan on the date that the application for the housing development is submitted, excluding any density bonus. If the maximum density allowed by the Zoning Ordinance is inconsistent with the density allowed by the Land Use Element of the General Plan, the Land Use Element density shall prevail.

G.    “Senior citizen housing development” means a housing development with at least thirty-five (35) dwelling units, meeting the definition of a senior citizen housing development set forth in California Civil Code Section 51.3 or a mobile home park that limits residency based on age requirements pursuant to Civil Code Section 798.76 or 799.5. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.020)

The incentives provided by this section are available to housing developments that provide on-site below market rate units in compliance with Chapter 18.16. Housing developments which have been granted a density bonus pursuant to Section 18.17.040 are not eligible for the City density bonus described in subsection A of this section but may be granted another incentive included in this section as a concession or incentive granted pursuant to Section 18.17.050.

A.    City Density Bonus.

1.    Bonus for Owner-Occupied Units. Upon the discretionary issuance of a conditional use permit by the Planning and Transportation Commission, residential owner-occupied developments with one or more on-site below market rate units that are affordable to low-income households, or to a lower income category, may be granted one (1) additional unit for each unit affordable to low-income households or to a lower income category. This density bonus shall not apply to single-family residential developments and is an alternative to density bonuses allowed under California Government Code Section 65915 and Section 18.17.040.

2.    Bonus for Rental Units. Upon the discretionary issuance of a conditional use permit by the Planning and Transportation Commission, residential rental developments with one (1) or more on-site below market rate units that are affordable to low-income households may be granted two (2) additional units for each unit affordable to low-income households. Residential rental developments with one (1) or more on-site below market rate units that are affordable to very low-income households, or to a lower income category, may be granted four (4) additional units for each unit affordable to very low-income households or to a lower income category. This density bonus shall not apply to single-family residential developments and is an alternative to density bonuses allowed under California Government Code Section 65915 and Section 18.17.040.

B.    Modified Development Standard Calculations. Bonus unit(s) approved under the density bonus incentive described in subsection A of this section shall be exempted from floor area ratio and density requirements. In addition, the bonus unit(s) will not be counted in determining the required number of below market rate units.

C.    Flexible Parking Standards. Residential developments with one (1) or more on-site below market rate units shall be allowed limited reductions in the parking requirements related to any dwelling units or allowed limited use of tandem and/or shared parking arrangements or allowed a combination of these modified parking standards.

D.    Flexible Setback Allowance. Residential developments with one (1) or more on-site below market rate units may be allowed limited reductions in the minimum setback requirements if the following findings are made through the design review process:

1.    That the proposed alternative design at the proposed location will not be detrimental or injurious to improvements in the vicinity and will not be detrimental to the public health, peace, safety, comfort, general welfare or convenience; and

2.    The proposed alternative design shall not significantly reduce the privacy of the adjoining property owners or significantly reduce sunlight into adjoining properties.

E.    Permit Streamlining. In certain zoning districts, the requirement of a conditional use permit for dwelling units above the ground floor may be eliminated for residential developments with one (1) or more on-site below market rate units.

F.    Financial Assistance. To the extent budgeted by the City Council and otherwise available, financial assistance from the City or from sources as may be available to the City may be available to the builder in the form of loans or grants for the below market rate housing component of the residential development. The builder shall be responsible for complying with all requirements associated with the particular funding source(s), including any requirements imposed by the State for payment of prevailing wages. Rental residential developments that offer the deepest affordability and which lack alternative funding sources shall be given the highest priority for financial assistance, in particular, rental residential developments affordable to very low- and low-income households.

G.    Below Market Rate Housing Plan. All requests for City incentives provided pursuant to this section shall be submitted with the below market rate housing plan required by Section 18.16.060(B). The builder shall include the following additional information in the below market rate housing plan:

1.    A site plan depicting the number and location of all market rate, below market rate and bonus units.

2.    A calculation of the maximum number of dwelling units permitted by the City’s Zoning Ordinance and General Plan for the residential development, excluding any density bonus.

3.    Description of any City incentives requested pursuant to this section. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.030)

A.    Eligibility for Density Bonus. A “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the builder seeks and agrees to provide affordable and other types of housing in the threshold amounts specified in State Density Bonus Law. A “housing development” includes only the residential component of a mixed-use project.

B.    Calculation of State Mandated Density Bonus.

1.    The amount of density bonus to which a housing development is entitled shall be as specified in State Density Bonus Law. Each housing development is entitled to only one (1) density bonus, which may be selected on the basis of only one (1) category, as described in the subparagraphs of Government Code Section 65915(b)(1). Density bonuses from more than one (1) category may not be combined.

2.    When calculating the number of permitted bonus units, any calculations resulting in fractional units shall be rounded to the next larger whole number, including base density and bonus density.

3.    The bonus units shall not be included when determining the number of density bonus BMR units required to qualify for a density bonus. When calculating the required number of density bonus BMR units, any calculations resulting in fractional units shall be rounded to the next larger integer.

4.    The builder may request a lesser density bonus than the housing development is entitled to, but no reduction will be permitted in the minimum percentages of required density bonus BMR units pursuant to State Density Bonus Law. Regardless of the number of density bonus BMR units, no housing development may be entitled to a density bonus of more than that authorized by State Density Bonus Law. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.040)

A.    Eligibility for Concessions and Incentives. A builder may request concessions and incentives pursuant to this section only when the builder is eligible for a State density bonus pursuant to Section 18.17.040. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.

B.    Concessions Not Requiring Evidence of Cost Reduction from Applicant. The following concessions and incentives shall be available to the builder without any requirement that the builder submit reasonable documentation to the City demonstrating that the requested concession or incentive results in identifiable and actual cost reductions:

1.    A reduction in the usable open space requirement;

2.    An increase in the maximum lot coverage requirement;

3.    A reduction in minimum lot dimensions;

4.    A reduction in minimum distance between buildings;

5.    A reduction in landscaping area requirements;

6.    Deferral until occupancy of development impact fees;

7.    Any of the City incentives listed in Section 18.17.030(A) through (E), inclusive.

C.    Concessions Requiring Evidence of Cost Reduction from Applicant. All other concessions and incentives shall require the builder to demonstrate to the City Council through the provision of reasonable documentation that the requested concession or incentive results in identifiable and actual cost reductions to the housing development to provide for affordable housing costs or rents.

D.    Parking Reduction. If a housing development is eligible for a density bonus pursuant to Section 18.17.040(A), the builder may request an on-site vehicular parking ratio that does not exceed the number of spaces specified in Government Code Section 65915(p).

A builder may request this parking reduction in addition to concessions and incentives permitted by subsection A of this section.

E.    Waiver. Applicants may seek a waiver of any development standards that will have the effect of physically precluding the construction of a housing development that is eligible for a density bonus pursuant to Section 18.17.040(A) at the densities or with the concessions and incentives permitted by Section 18.17.040 or subsection (A) of this section. The builder shall provide reasonable documentation demonstrating that the development standards that are requested to be waived will have the effect of physically precluding the construction of the housing development at the densities or with the concessions and incentives permitted by Section 18.17.040 or subsection (A) of this section.

F.    City Financial Participation Not Required. Nothing in this chapter requires the provision of direct financial incentives for the housing development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City at its sole discretion may choose to provide such direct financial incentives.

G.    Prevailing Wages. Financial and certain other incentives may require payment of prevailing wages by the housing development if required by State law. (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.050)

A.    Below Market Rate Housing Plan. All requests for density bonuses, concessions and incentives, City incentives, parking reductions, and waivers provided pursuant to Sections 18.17.040 and 18.17.050 shall be submitted with the below market rate housing plan required by Section 18.16.060(B). The builder shall include the following additional information in the below market rate housing plan:

1.    A tentative map or site plan or both, drawn to scale, depicting the number and location of all market rate units, below market rate units, density bonus BMR units, and bonus units.

2.    Summary table showing the maximum number of dwelling units permitted by the City’s Zoning Ordinance and General Plan for the housing development, excluding any density bonus, proposed density bonus BMR units by income level, calculation of proposed bonus percentage, number of bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

3.    The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.

4.    A description of all dwelling units existing on the site in the five (5) year period preceding the date of submittal of the application and identification of any units rented in the five (5) year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five (5) year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.

5.    Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents or prices to levels affordable to very-low or lower income households in the five (5) year period preceding the date of submittal of the application.

6.    If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915(g) can be met.

7.    If the application proposes any concessions or incentives pursuant to Section 18.17.050, the below market rate housing plan shall also include the following information:

a.    The City’s usual regulatory requirement and the requested regulatory incentive, described both in writing and shown on the submitted site plans elevations, or other submitted plans, as appropriate.

b.    Except where mixed-use zoning is proposed as a concession or incentive pursuant to Government Code Section 65915(k)(2), reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

c.    If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development and that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located.

8.    If the application proposes waivers of development standards, the below market rate housing plan shall also include the following information:

a.    The City’s usual development standard and the requested development standard, described both in writing and shown on the submitted site plans elevations, or other submitted plans, as appropriate.

b.    Reasonable documentation that the development standards for which each waiver is requested will have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by State Density Bonus Law.

9.    If the application proposes a reduction of parking standards, the below market rate housing plan shall also include a table showing parking required by the zoning regulations, parking proposed under Government Code Section Section 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.

10.    If a density bonus or concession is requested for a child care facility or condominium conversion, the below market rate housing plan shall provide reasonable documentation that the requirements of Government Code Section 65915(h) or 65915.5, as appropriate, can be made.

11.    Other requested information included on the City’s application forms.

12.    Payment of any fee in an amount set by resolution of the City Council for City costs necessary to determine compliance of the application with State Density Bonus Law.

B.    City Review of Application for State Mandated Density Bonus, Concessions, and Incentives. Any request for a density bonus, concessions, incentives, waivers, or parking reductions provided pursuant to Sections 18.17.040 and 18.17.050 shall be submitted concurrently with the filing of the planning application for the first discretionary permit required for the housing development and shall be processed, reviewed, and approved or denied by the decision-making body (Planning and Transportation Commission or City Council) concurrently with the below market rate housing plan required for the housing development. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943. In accordance with State law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a General Plan amendment, zoning code amendment, zone change, or other discretionary approval, or the waiver of a city ordinance or provisions of a city ordinance unrelated to development standards.

C.    Eligibility for State Mandated Density Bonus, Concessions and Incentives, Waivers, and Parking Reductions. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following provisions of State Density Bonus Law as applicable:

1.    The housing development is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested and has complied with requirements for the replacement of units as required by State Density Bonus Law.

2.    If an incentive or concession is requested, any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

3.    If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

4.    If the density bonus, incentive, concession, waiver, or parking reduction is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

5.    If a waiver is requested, the housing development project is eligible for a waiver, and the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with concessions or incentives permitted.

D.    Findings for Denial of Incentives, Concessions or Waivers.

1.    Denial of Concessions and Incentives. The decision-making body may deny a concession or incentive only if it makes a written finding, supported by substantial evidence, of any of the following:

a.    The proposed incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for affordable rents, as defined in Health and Safety Code Section 50053, for the BMR density bonus units.

b.    The concession or incentive would have a specific adverse impact upon public health or safety or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.

c.    The concession or incentive would be contrary to State or Federal law.

2.    Denial of Waivers. The decision-making body may deny a waiver only if it makes a written finding, supported by substantial evidence, of any of the following:

a.    The waiver would have a specific adverse impact upon health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, and identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

b.    The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

c.    The waiver would be contrary to State or Federal law.

3.    Denial of Incentive or Bonus for Child Care Center. If the findings required by a child care center comply with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus, incentive, or concession that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.060)

In addition to any requirements included in Sections 18.17.040 and 18.17.050, density bonus BMR units shall conform to the following provisions applicable to below market rate units:

A.    Below market rate unit standards (Section 18.16.050), except that for-rent density bonus BMR units that are affordable to very low- and low-income households that are not also BMR units required by Section 18.16.030 shall be affordable for fifty-five (55) years or as long a period of time as permitted by current law. All for-sale density bonus BMR units shall be affordable in perpetuity.

B.    Compliance procedures (Section 18.16.060), except that the below market rate housing plan shall also include the provisions described in Section 18.17.040(A).

C.    Eligibility for below market rate units (Section 18.16.080).

D.    Owner-occupied below market rate units (Section 18.16.090).

E.    Rental units (Section 18.16.100). (Ord. 1583 § 2 (Exh. A), 2022; Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1416 § 4 (Exh. A (part)), 2010. Formerly 18.204.070)

If any portion of this chapter conflicts with State Density Bonus Law or other applicable State law, State law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. (Ord. 1583 § 2 (Exh. A), 2022)

The specific purposes of the landscaping regulations are to:

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

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

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

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

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

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

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

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

I.    To enhance walkability by encouraging shaded sidewalks and accessible passageways. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Second dwelling units and additions less than ten percent of the floor area of the main building are exempt from the standards of this chapter, except that Section 18.18.070, Trees, and 18.18.110, Maintenance, shall apply.

B.    Landscaping that is part of a registered historic site, plant collections as part of botanical gardens and arboretums open to the public, or ecological restoration projects that do not require a permanent irrigation system. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

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

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

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

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

G.    Enhancing Architecture. Landscape designs should be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Major landscape elements should be designed to complement architectural elevations and roof lines through color, texture, density, and form on both vertical and horizontal planes. Landscaping should be in scale with on-site and adjacent buildings. Plant material shall be installed at an appropriate size and allowed to accomplish these intended goals. When foundation planting is required, plantings and window boxes should incorporate artistic elements and be compatible with a building’s architectural character. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

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

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

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

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

2.    Preservation or incorporation of existing native vegetation.

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

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

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

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

C.    Preparation by Qualified Person. Landscaping for commercial projects, industrial projects, institutional projects, and residential projects consisting of more than five units shall be prepared by a California registered landscape architect. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

FIGURE 18.18.050-A: REQUIRED SETBACKS

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

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

2.    Buffer Yard Types. Table 18.18.050-B(2), Buffer Yard Requirements, describes the minimum width, plant materials, and wall requirements for each type of buffer yard. The listed number of trees and shrubs is required for each one hundred (100) lineal feet of buffer yard. Trees shall be planted at least forty (40) feet on center. Natural areas with native vegetation or alternative planting materials which achieve equivalent buffering effects may be approved by the Director. For multifamily (RM) and mixed-use (MU) zoning districts, these standards shall be supplemented by Sections 18.04.050(A)(5) and 18.05.030(B)(3), respectively.

FIGURE 18.18.050-B(2): BUFFER YARD REQUIREMENTS

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

C.    Building Perimeters. The portions of a building that front a public street shall have one (1) or more landscape planters installed along a minimum twenty percent (20%) of that building face. The minimum width of the planter shall be three (3) feet. This standard does not apply where a building is located on the front or street side property line.

FIGURE 18.18.050-C: BUILDING PERIMETERS

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

E.    Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Materials.

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

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

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

4.    Mulch. A minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting ground covers or other special planting situations where mulch is not recommended. Stabilizing mulching products shall be used on slopes.

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

a.    Ground Covers. Ground cover plants other than grasses must be at least the four (4) inch pot size. Areas planted in ground cover plants other than grass seed or sod must be planted at a rate of one (1) per twelve (12) inches on center.

b.    Shrubs. Shrubs shall be a minimum size of one (1) gallon. When planted to serve as a hedge or screen, shrubs shall be planted with two (2) to four (4) feet of spacing, depending on the plant species.

c.    Trees. A minimum of fifteen percent (15%) of the trees planted shall be twenty-four (24) inch box or greater in size. All other trees shall be a minimum of fifteen (15) gallons in size with a one (1) inch diameter at forty-eight (48) inches from grade. Newly planted trees shall be supported with stakes or guy wires.

B.    Dimension of Landscaped Areas. No landscaped area smaller than three (3) feet in any horizontal dimension shall count toward required landscaping.

C.    Prescribed Heights. The prescribed heights of landscaping shall indicate the height to be attained within three (3) years after planting.

D.    Drivers’ Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety. Notwithstanding other provisions of this section, landscaping must comply with Section 18.15.130, Visibility at intersections and driveways. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Intent and Purpose. This chapter is adopted with the intent and purpose of promoting the preservation and development of a healthy, diverse tree canopy in San Carlos, which is highly valued by the community and is vital to the character and health of the City.

Protected trees are valued for their many contributions to the environment, public health and quality of life of the San Carlos community. Examples of those benefits include:

1.    Provide shade;

2.    Resiliency to climate change;

3.    Improve air quality;

4.    Provide shelter from wind;

5.    Prevent erosion and landslides;

6.    Protect against flood hazards;

7.    Add to the City’s scenic beauty and character;

8.    Recognize historical significance to our City;

9.    Create natural gathering places;

10.    Reduce noise pollution;

11.    Enhance privacy;

12.    Enhance neighborhood property values;

13.    Provide habitat for wildlife;

14.    Improve storm water management and improve water quality;

15.    Offset carbon emissions;

16.    Minimize the urban heat island effect.

B.    Definitions.

1.    “Applicant” is the person seeking a permit to remove or perform pruning on a protected tree under this chapter.

2.    “Administrative guidelines” means staff-prepared regulations for implementation and interpretation of this chapter.

3.    “Construction activity” means any construction work associated with or requiring a permit for any new building, building addition, building demolition, grading, excavation or paving. This includes all necessary related activities which may or may not be shown on site plans, including but not limited to: storing/staging of materials, site access, parking, placement of temporary structures, debris disposal, additional excavation and landscaping.

4.    “Pruning” means the removal of one-fourth (25%) or more than one-fourth (25%) of the crown or existing foliage of the tree or one-fourth (25%) or more than one-fourth (25%) of the root system.

5.    “Trimming” means the cutting or removal of a portion of a tree which removes less than one-fourth (25%) of the crown or existing foliage of a tree, removes less than one-fourth (25%) of the root system, and does not kill the tree.

6.    “City arborist” means City-retained arborist.

7.    “Community of trees” means a group or grove of trees that are dependent upon each other for their survival and/or structural stability.

8.    “Tree protection zone (TPZ)” means the area surrounding a tree to be protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten times the diameter of the trunk measured at fifty-four inches (54") above grade or as otherwise specified by a project arborist and approved by the City Arborist.

9.    “Removal” means cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or pruning not done in conformance with a permit.

10.    “Protected tree” means any significant or heritage tree, any tree as part of a replacement requirement, an approved development permit or an approved landscaping plan. The following trees shall not be classified as protected trees regardless of size:

a.    Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;

b.    Tree of Heaven: Ailianthus altissima;

c.    Fruit trees of any kind;

d.    Monterey Pine: Pinus radiata;

e.    Eucalyptus genera;

f.    Monocot trees including palms and palm relatives.

11.    “Heritage tree” means any:

a.    Indigenous tree whose size, as measured at fifty-four inches (54") above natural grade (unless otherwise indicated), is defined below:

i.    Aesculus californica (buckeye) with a single stem or multiple stems touching each other at fifty-four inches (54") above natural grade and measuring nine inches (9") in diameter or greater.

ii.    Arbutus menziesii (madrone) with a single stem or multiple stems touching each other at fifty-four inches (54") above natural grade and measuring nine inches (9") in diameter or greater.

iii.    Quercus agrifolia (coast live oak) measuring nine inches (9") in diameter or greater.

iv.    Quercus lobata (valley oak) measuring nine inches (9") in diameter or greater.

v.    Quercus douglassii (blue oak) measuring nine inches (9") in diameter or greater.

vi.    Quercus wislizneii (interior live oak) measuring nine inches (9") in diameter or greater.

vii.    Sequoia sempervirens (redwood) measuring fifteen inches (15") in diameter or greater.

viii.    Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at fifty-four inches (54") above natural grade and measuring eleven inches (11") in diameter or greater.

b.    Community of trees;

c.    Trees designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

12.    “Significant tree” means any tree that is eleven inches (11") in diameter (or more), outside of bark, measured at fifty-four inches (54") above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:

a.    Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon;

b.    Tree of Heaven: Ailianthus altissima;

c.    Fruit trees of any kind;

d.    Monterey Pine: Pinus radiata;

e.    Eucalyptus genera;

f.    Monocot trees including palms and palm relatives.

C.    Trees. Trees shall be provided as follows:

1.    RS districts: one (1) tree for every one thousand (1,000) square feet of lot coverage for residential development; one (1) tree for every two thousand (2,000) square feet of lot coverage for nonresidential development.

2.    RM and mixed-use districts: one (1) tree for every two thousand (2,000) square feet of lot coverage.

3.    Commercial districts: one (1) tree for every two thousand (2,000) square feet of lot coverage.

4.    Industrial districts: one (1) tree for every five thousand (5,000) square feet of lot coverage.

5.    If the lot size or other site conditions make planting of the required trees impractical to comply with, the applicant, at the discretion of the Director and City Arborist, may pay a fee as adopted in a resolution by the City Council.

6.    If the required number and size of trees, not including fruit trees, already exist on the site, the applicant may not be required to plant new trees on site unless as required per the City Arborist, replacement requirement and/or an associated condition of approval. Instead, the existing trees shall be shown on the site and landscape plans submitted to the Planning Division, and those trees shall be maintained in compliance with the standards of this chapter.

7.    Street-oriented trees: at least one (1) of the required on-site trees must be street oriented unless otherwise approved by the City Arborist.

8.    Any tree planted to meet the requirements of this section shall be a minimum of twenty-four inches (24") box size, unless otherwise specified by the City Arborist.

9.    Any tree planted to meet the requirements under this section shall not include Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon; Tree of Heaven: Ailianthus altissima; fruit trees of any kind; Monterey Pine: Pinus radiata; Eucalyptus genera; Monocot trees including palms and palm relatives.

D.    Maintenance and Preservation of Protected Trees. The following requirements apply to protected trees, as defined in this chapter and Section 18.41.020:

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

2.    Chemicals or other construction materials shall not be stored within the tree protection zone of protected trees.

3.    Drains shall be provided as required by the City Arborist whenever soil fill is placed around protected trees. Soil fill shall not be placed around protected trees without approval by an ISA-certified arborist.

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

5.    Any construction activity performed within an area ten (10) times the diameter of a protected tree on any property or in the public right-of-way shall require submittal and implementation of a tree protection plan for review and approval by the City Arborist prior to issuance of any grading or construction permit. The tree protection plan shall be prepared by an ISA-certified arborist and shall address issues related to protective fencing and protective techniques as specified in the administrative guidelines to minimize impacts associated with grading, excavation, demolition and construction. The City Arborist may impose conditions on any City permit to assure compliance with this section. These trees and protection zones shall be identified on plans.

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

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

8.    No concrete or asphalt paving shall be placed over the tree protection zone of oaks except as approved by the City Arborist.

9.    No compaction of the soil within the tree protection zone of protected trees shall occur.

E.    Removal and/or Pruning of Protected Trees Prohibited. It is unlawful for any person to remove, or cause to be removed, any protected tree from any parcel of property in the city, or perform pruning on a protected tree, without obtaining a permit; provided, that in case of emergency, when a protected tree is imminently hazardous or dangerous to life or property, it may be removed by order of the City Arborist. Any person who vandalizes, grievously mutilates, destroys or unbalances a protected tree without a permit or beyond the scope of an approved permit shall be in violation of this chapter.

F.    Protected Tree Removal Permit and Decision-Making Criteria.

1.    Application. Application and fees for protected tree removal permits and/or pruning of a protected tree shall be submitted in accordance with the provisions set forth in Chapter 18.27, Common Procedures, and the administrative guidelines. The application shall state, among other things per the administrative guidelines, the number and location of the tree(s) to be removed or pruned by type and the reason for removal or pruning of each. The application shall also include a recent colored photograph with correct botanical identification of the subject tree(s).

2.    Decision-Making Criteria. The City Arborist may only issue a permit for the removal and/or pruning of a protected tree if he/she/they determines there is good cause for such action. In determining whether there is good cause, the City Arborist shall give consideration to the following:

a.    Death. The protected tree is dead as designated by the City Arborist.

b.    Tree Risk Rating. The condition of the protected tree poses a high or extreme risk rating under the International Society of Arboriculture Best Management Practices: Tree Risk Assessment and/or administrative guidelines; and the risk cannot be reasonably abated to a low risk rating with sound arboricultural treatments. The City Arborist may consider danger to people and property in assessing the risk to make a decision.

c.    Tree Health Rating. The protected tree is (i) dying or has a severe disease, pest infestation, intolerance to adverse site conditions, or other condition and/or pruning or other reasonable treatments based on current arboricultural standards will not restore the protected tree to a fair, good or excellent health rating as defined in the Guide for Plant Appraisal, 10th Edition, or its successor manual or the administrative guidelines; or is (ii) likely to die within a year as designated by an ISA-certified arborist and/or the City Arborist.

d.    Species. The protected tree is a member of a species that has been designated as invasive or low species desirability by the City Arborist or his/her/their designee in the administrative guidelines.

e.    Development. The protected tree interferes with existing or proposed development, repair, alteration or improvement of a site or the protected tree is causing/contributing to structural damage to a habitable building (excluding amenities, such as walkways, patios, pools and fire pits); and there is no reasonable design alternative that would permit preservation of the protected tree while achieving the applicant’s reasonable development objectives or of the property. Necessary documentation and/or tree appraisals as established in the administrative guidelines shall be submitted to the City Arborist demonstrating infeasibility of alternatives to the removal and/or pruning.

f.    Utility Interference. The removal and/or pruning is requested by a utility, public transportation agency, or other governmental agency due to a health or safety risk resulting from the protected tree’s interference with existing or planned public infrastructure and there is no reasonable design alternative that would permit preservation of the protected tree. Necessary documentation as established in the administrative guidelines shall be submitted to the City Arborist demonstrating infeasibility of alternatives to the removal and/or pruning.

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

4.    Applicants may choose to professionally move a protected tree on site to accommodate proposed development, repair, alteration or improvement of a site. Any tree proposed to be moved will be construed as tree removed and shall comply with application procedures as set forth within this chapter and the administrative guidelines. The City Arborist may require documentation to certify that the moving work was accomplished according to acceptable tree moving standards and specifications. Additional documentation may be required to prove feasibility of moving, establishing and maintaining the moved protected tree.

5.    Noticing Requirements.

a.    Notice Before Issuance. Before a protected tree is removed or pruned, notice of removal shall be posted by the applicant on the property containing the protected tree at a conspicuous location when a permit is sought under subsection (F)(2)(e), Development, or (F)(2)(f), Utility Interference, of this section. Property owners within three hundred feet of the exterior boundary of the property containing the protected tree shall be noticed by mail of the pending application. Failure to receive copies of such notice shall not invalidate any action taken by the City.

b.    Notice of Issuance. Upon receipt of a tree removal or pruning permit, the property owner shall post a notice of issuance of any permit for a tree removal at the subject property for a period of fourteen (14) calendar days. A proof of posting shall be sent to the City Arborist. The City will furnish the owner with a copy of the notice of issuance.

6.    Conditions and Replacement Trees. In granting a tree removal permit, the City Arborist may attach reasonable conditions to ensure compliance with the content and purpose of this chapter, such as, but not limited to, the following:

a.    Replacement tree(s) for heritage tree removals shall be from the heritage tree list, with the exception of redwood trees, at a one-to-one (1:1) ratio of a size, as determined by the City Arborist and/or specified in the administrative guidelines. The City Arborist may allow a species not on the heritage tree list if:

i.    The species from the heritage tree list is proven to be unsuitable at a given location per an ISA-certified arborist and/or the City Arborist.

b.    Replacement tree(s) for all other significant tree removals shall be at a one-to-one (1:1) ratio of a size, as determined by the City Arborist and/or as specified in the administrative guidelines.

c.    Replacement trees shall be planted within four (4) months of the permit issuance unless the replacement tree is part of an approved landscape plan associated with a development project, or upon approval by the City Arborist.

d.    Any tree planted to meet the requirements under this section shall not include Bailey, Green or Black Acacia: A. baileyana, A. decurrens or A. melanoxylon; Tree of Heaven: Ailianthus altissima; fruit trees of any kind; Monterey Pine: Pinus radiata; Eucalyptus genera; Monocot trees including palms and palm relatives.

e.    Special construction to allow irrigation and aeration of roots and preservation of the protected tree.

f.    Tree wells or other tree protection techniques.

g.    Protected tree maintenance requirements to help the tree grow and thrive.

h.    Other reasonable requirements per the City Arborist.

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

8.    Expiration. If no action on an approved tree removal permit is taken within a period of one (1) year from the date of approval, the permit shall be considered void.

9.    Appeals. Tree removal permit decisions are subject to the appeal provisions of Section 18.27.150, Appeals.

10.    Administrative Guidelines. The Director shall have the authority to adopt and modify administrative guidelines to implement this chapter.

G.    Violation. In addition to the provisions of Chapter 18.39, Enforcement and Abatement Procedures, and Chapter 1.20, Penalties, any person who removes or causes to be removed any protected tree, the following shall apply:

1.    If a violation occurs during development, the City may issue a stop work order suspending and prohibiting further activity on the property pursuant to the grading, demolition, and/or building permit(s) (including construction, inspection, and issuance of certificates of occupancy) until a mitigation plan has been filed with and approved by the City Arborist, agreed to in writing by the property owner(s), and either implemented or guaranteed by the posting of adequate security as determined by the City.

2.    Any person violating this chapter shall be subject to a civil fine or penalty in the amount established by this section. If a person commits or maintains a violation of any part of Chapter 18.18, he/she/they will be fined in an amount not to exceed five thousand dollars ($5,000) per violation; and if the violation resulted in the removal or demise of a protected tree, the fine will not exceed five thousand dollars ($5,000) per tree or the appraised value of each such tree, as determined by an ISA-certified arborist in consultation with the City Arborist, whichever amount is higher. The arborist shall use the then-current issue of “A Guide to Plant Appraisal” published by the International Society of Arboriculture or as specified in the administrative guidelines. Replacement shall occur as established in this chapter.

3.    The Code Enforcement Officer, Director, Building Official, City Arborist or designee are authorized to issue stop work orders, notices of violation, administrative penalties and citations under this chapter.

4.    Any citation or penalty received under this chapter may be appealed to the Zoning Administrator or designee whose determination shall be final. Such appeal must be filed within ten (10) days of receipt of the citation or penalty.

5.    Whenever the amount of any administrative fine or penalty or administrative cost incurred by the City in connection with a violation of this chapter has not been satisfied in full within ninety (90) days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.

6.    The City Attorney may bring a civil action against the violator to abate, enjoin, or otherwise compel the cessation of violation of any provision in this chapter. In a civil action brought pursuant to this chapter in which the City prevails, the court may award to the City all costs of investigation and preparation for trial, the costs of trial, reasonable expenses, including overhead and administrative costs incurred in prosecuting the action, and reasonable attorney fees.

7.    The remedies provided in this section may be enforced against both the contractor and other person performing work in violation of this chapter as well as the owner of the real property on which the protected tree is located.

8.    All remedies provided in this section shall be cumulative and are not exclusive. (Ord. 1580 § 3 (Exh. A), 2022; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

C.    Variables Used in Water Efficiency Calculations.

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

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

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

4.    Irrigation Efficiency (IE). Amount of water beneficially used divided by the amount of water applied. IE value is 0.71 unless verification is provided that greater irrigation efficiency can be expected due to irrigation system design and maintenance. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

E.    Overhead irrigation is prohibited within twenty-four inches of any nonpermeable surface. Overhead irrigation shall be scheduled between eight p.m. and ten a.m. unless weather conditions prevent it.

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

1.    Equipment.

a.    Drip and bubbler systems shall be used in areas where watering needs do not exceed one and one-half gallons per minute per device.

b.    Slopes greater than twenty-five percent shall not be irrigated with an irrigation system with a precipitation rate exceeding three-quarters of an inch per hour unless it is demonstrated that no runoff or erosion will occur.

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

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

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

a.    Anti-drain (check) valves shall be installed in strategic points to minimize or prevent low-head drainage.

b.    Manual shut-off valves are required as close as possible to the point of connection of the water supply.

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

6.    Rain or Moisture Sensor Devices. Soil moisture sensors and rain or moisture-sensing override devices are required. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

D.    Certification of Substantial Completion. Upon completion of the installation of the landscaping and irrigation system, a field observation shall be completed by the licensed project contractor. A certificate of substantial completion shall be submitted to the City by the licensed project contractor. The certificate shall specifically indicate that the plants were installed as specified and that the irrigation system was installed as designed, along with a list of any deficiencies. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

1.    “Public trees and landscaping” means any landscaping located within any street median, City park or other parcel of publicly owned property, including any tree located in a City maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only).

2.    “Private trees and landscaping” means any landscaping located within the boundaries of privately owned property, and includes any landscaping located within any unimproved public right-of-way abutting a private property and in any park strip or sidewalk abutting a private property.

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

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

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

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

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

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

E.    Trees. Trees shall be maintained to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing such damage to the extent that its life would be impaired shall be replaced with another tree. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

Nothing contained in this chapter shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep trees, protected trees, shrubs, hedges, and other landscaping upon such private property, or under his control, or upon streets in front of or contiguous to such private property, in a safe condition. (Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this title in a manner that does not conflict with the General Plan. To that end, the chapter establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the General Plan and public health, safety, and general welfare. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Nonconforming structures and uses include:

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

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

B.    Nothing contained in this chapter shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a building permit has properly been issued, in accordance with the provision of ordinances then in effect and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases, actual construction shall be diligently carried on until completion of the building or structure. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

C.    Airport Hazards. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

2.    When the building or property ownership changes; or

3.    When the building is damaged by fire or other disaster to an extent of more than fifty percent of its appraised value. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

C.    Accessory Dwelling Units. Notwithstanding the requirements of subsection B of this section, an accessory dwelling unit in compliance with Section 18.23.210, Accessory dwelling units/junior accessory dwelling units, may be developed on a lot that contains a single-unit dwelling that is nonconforming with respect to development standards.

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

1.    Such maintenance is consistent with the provisions under Sections 18.19.040(B) and (C);

2.    In no case shall any existing setback of less than three (3) feet be considered legal for the purposes of this chapter; and

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

E.    Effect of Excessive Lot Coverage. Additions to or enlargements of nonconforming structures that exceed the maximum allowable lot coverage require approval of a variance pursuant to the provisions of Chapter 18.32, Variances, if the addition or enlargement would increase the lot coverage. (Ord. 1566 (Exh. B (part)), 2020: Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

No lawful nonconforming use may be expanded without the approval of a use permit, subject to the following requirements:

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

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

C.    Expansion within a Structure That Does Not Conform to the Building Code. Any nonconforming use in a structure that does not conform to the Building Code may not expand the area it occupies until and unless the structure is brought into conformance with all applicable Building Code requirements. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

1.    The existing nonconforming use was legally established;

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

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

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

5.    The proposed new use will comply with all applicable standards of the district and City-wide standards, there are special circumstances peculiar to the property and its relation to surrounding uses or to the district itself that would justify modification to applicable standards, or the impacts of the new use will be mitigated. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

1.    Nonresidential Structures. The Planning and Transportation Commission may approve a conditional use permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.

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

a.    The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or

b.    The existing nonconforming use of the building or structure can be more appropriately moved to a zoning district in which the use is permitted, or that there no longer exists a district in which the existing nonconforming use is permitted.

3.    Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all applicable Building Code requirements, and a building permit must be obtained within two years after the date of the damage or destruction. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

1.    The site is vacated;

2.    The business license lapses;

3.    Utilities are terminated; or

4.    The lease is terminated.

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

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

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

3.    The continuation of the use or structure will not be incompatible with or detrimental to surrounding conforming uses. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

The provisions of this chapter shall not apply to a use or structure that is or becomes a public nuisance. In the event that a legal nonconforming structure or use is found to constitute a public nuisance, appropriate action may be taken by the City pursuant to the municipal code and Section 18.39.020, Enforcement. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

F.    Reduce urban runoff and heat island effect. (Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

D.    When Constructed. On-site parking facilities required by this chapter shall be constructed or installed prior to the issuance of a certificate of occupancy for the uses that they serve. (Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

B.    Nonconforming Parking or Loading.

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

2.    If an existing garage or carport legally constructed with a building permit is less than sixteen (16) feet wide, it is considered physically unsuitable for two (2) cars.

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

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

E.    Unbundling Parking from Residential Uses. For residential projects of ten (10) units or more requesting to unbundle the parking from residential uses, a minor use permit is required and the following rules shall apply to the sale or rental of parking spaces accessory to new multifamily residential uses of ten (10) units or more unless waived by the Director as infeasible:

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

2.    In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential owners or renters of three (3) bedroom or more units, second to owners or renters of two (2) bedroom units, and then to owners and renters of other units. Spaces shall be offered to tenants first. Nontenants may lease with a provision for thirty (30) days to terminate the lease.

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

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

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

2.    One (1) off-street parking space will be provided; and

3.    The garage dimensions are no more than ten (10) feet wide by thirty (30) feet deep. (Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Minimum Number of Spaces Required. Each land use shall be provided at least the number of on-site parking spaces stated in this section.

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

2.    Industrial Arts District. Each land use in the IA District shall provide one (1) parking space per two thousand (2,000) square feet of industrial use area plus one (1) parking space per three hundred (300) square feet of office or customer area.

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

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

1.    Fractions. If the calculation of required parking or loading spaces results in the requirement of a fractional space, such fraction, if one-half (1/2) or greater, shall be considered one (1) additional space; if the fraction is less than one-half (1/2), it shall result in no additional spaces.

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

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

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

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

6.    Seats. Where parking requirements are stated as a ratio of parking spaces to seats, each twenty-four (24) inches of bench-type seating at maximum seating capacity is counted as one (1) seat.

C.    Sites with Multiple Uses. If more than one (1) use is located on a site, the number of required on-site parking spaces and loading spaces shall be equal to the sum of the requirements calculated separately for each use unless a reduction is approved pursuant to Section 18.20.050, Parking reductions.

D.    Exceptions.

1.    Small Commercial Uses Exempt. In the mixed-use and commercial districts, the following commercial uses are not required to provide on-site parking when they contain less than one thousand five hundred (1,500) square feet of floor area: retail sales, personal services, eating and drinking establishments, food and beverage retail sales, offices—walk-in clientele, and banks and financial institutions. However, when more than four (4) such establishments are located on a single lot, their floor areas shall be aggregated with all other establishments located on the lot in order to determine required parking.

2.    Industrial Arts District.

a.    On-street parking along a lot’s corresponding frontage lines shall be counted toward the parking requirement.

b.    Where a use with a legal nonconforming parking deficiency is replaced, the new use shall receive a parking credit equal to the number of required automobile parking spaces unmet by the previous use. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1596 § 6 (Exh. A), 2023; Ord. 1568 § 1 (Exh. A), 2021; Ord. 1566 (Exh. B (part)), 2020; Ord. 1537 (Exh. C (part)), 2018: Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Assembly Bill 2097 (Friedman), 2022. Section 68563.2 of the Government Code.

1.    The number of minimum required automobile parking spaces shall not be imposed for any residential, commercial, or other development project, as defined by Section 68563.2, that is within one-half (1/2) mile of public transit (a major transit stop as defined in Section 21155 of the Public Resources Code).

2.    A minimum automobile parking requirement may be applied on a housing development project if the City makes written findings, within thirty (30) days of the receipt of a completed application, that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact, supported by a preponderance of the evidence in the record, on the City’s ability to meet its share of specified housing needs or existing residential or commercial parking within one-half (1/2) mile of the housing development. This exception does not apply if the housing development project (a) dedicates a minimum of twenty percent (20%) of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities; (b) contains fewer than twenty (20) housing units, or (c) is subject to parking reductions based on any other applicable law.

3.    An event center shall provide parking as required in this chapter for employees and other workers.

4.    A “project” does not include a project where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of the housing development project is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.

5.    This section shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on new multifamily residential or nonresidential development that is located within one-half (1/2) mile of public transit to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.

6.    When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or require parking owners to charge for parking. The City may not require that voluntarily provided parking is provided to residents free of charge.

7.    This shall not apply to commercial parking requirements if it conflicts with an existing contractual agreement of the public agency that was executed before January 1, 2023; provided, that all of the required commercial parking is shared with the public. This subdivision shall apply to an existing contractual agreement that is amended after January 1, 2023; provided, that the amendments do not increase commercial parking requirements.

8.    A project may voluntarily build additional parking that is not shared with the public.

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

C.    Transit Accessibility. For any land use except residential single-unit and duplex development, if any portion of the lot is located within one-quarter (1/4) mile of a transit stop with regular, scheduled service during the weekday hours of seven (7) a.m. to nine (9) a.m. and five (5) p.m. to seven (7) p.m., the number of required parking spaces may be reduced by twenty percent (20%) of the normally required number of spaces. This parking reduction does not apply in the mixed-use or the industrial arts districts because parking requirements for these districts already reflect transit accessibility.

D.    Motorcycle Parking. Motorcycle parking may substitute for up to five percent (5%) of required automobile parking. Each motorcycle space must be at least four (4) feet wide and seven (7) feet deep.

E.    Shared Parking. Where a shared parking facility serving more than one (1) use will be provided, the total number of required parking spaces may be reduced up to forty percent (40%) with Planning and Transportation Commission approval of a conditional use permit, if the Commission finds that:

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

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

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

4.    In the case of a shared parking facility that serves more than one (1) property, a parking agreement has been prepared consistent with the provisions of off-site parking facilities.

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

1.    The restaurant is open for operation during the evenings until at least nine (9) p.m., a minimum of five (5) days per week including one (1) weekend evening; and

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

FIGURE 18.20.050-E: RESTAURANT PARKING REDUCTION AREA

G.    Other Parking Reductions. Required parking for any use may be reduced through Planning and Transportation Commission approval of a conditional use permit.

1.    Criteria for Approval. The Commission may only approve a conditional use permit for reduced parking if it finds that:

a.    Special conditions, including, but not limited to, the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; or because the applicant has undertaken a transportation demand management program, exist that will reduce parking demand at the site;

b.    The use will adequately be served by the proposed on-site parking; and

c.    Parking demand generated by the project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area.

2.    Parking Demand Study. In order to evaluate a proposed project’s compliance with the above criteria, the Director may require submittal of a parking demand study that substantiates the basis for granting a reduced number of spaces. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

4.    Transportation system management projects. (Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Residential Uses.

1.    Single-Unit Dwellings, Duplexes, Urban Infill Units and Accessory Dwelling Units. Required parking for a single-unit dwelling, duplex, urban infill unit, or accessory dwelling unit shall be located on the same lot as the dwelling(s) served. Parking shall not be located within required setbacks except for accessory dwelling units and for the required parking space in the driveway under the provisions for lots in the RS zoning district.

2.    Other Residential Uses. Required parking for residential uses other than single-unit dwellings, duplexes, and accessory dwelling units shall be on the same lot as the dwelling or use they serve or in an off-site facility as provided in subsection C of this section. Parking shall not be located within a required front or street-facing side yard.

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

C.    Off-Site Parking Facilities. Parking facilities for uses other than single-unit dwellings, duplexes, and accessory dwelling units may be provided off site with approval of a minor use permit, provided the following conditions are met:

1.    Location.

a.    Residential Uses. Any off-site parking facility must be located within one hundred (100) feet, along a pedestrian route, of the unit or use served.

b.    Nonresidential Uses. Any off-site parking facility must be located within four hundred (400) feet, along a pedestrian route, of the principal entrance containing the use(s) for which the parking is required.

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

a.    A guarantee among the landowner(s) for access to and use of the parking facility; and

b.    A guarantee that the spaces to be provided will be maintained and reserved for the uses served for as long as such uses are in operation. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1596 § 6 (Exh. A), 2023; Ord. 1566 (Exh. B (part)), 2020: Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

1.    Parking Spaces Required. For the following uses, the number of short-term bicycle parking spaces shall be at least ten percent (10%) of the number of required automobile parking spaces, with a minimum of four (4) parking spaces provided per establishment:

a.    Multi-unit residential, group residential, and single room occupancy with five (5) or more units.

b.    All uses in the public and semipublic land use classification except cemeteries and community gardens.

c.    All uses in the commercial land use classification, except animal care, sales, and services and artists’ studios.

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

a.    Commercial Centers. In a commercial center, bicycle parking must be located within fifty (50) feet of an entrance to each anchor store. Bicycle parking shall be visible from the street or from the main building entrance, or a sign must be posted at the main building entrance indicating the location of the parking.

b.    Mixed-Use Districts. Bicycle parking in mixed-use districts may be located in the public right-of-way with an encroachment permit, provided an unobstructed sidewalk clearance of six (6) feet is maintained for pedestrians at all times.

3.    Anchoring and Security. For each short-term bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One (1) such object may serve multiple bicycle parking spaces.

4.    Size and Accessibility. Each short-term bicycle parking space shall be a minimum of two (2) feet in width and six (6) feet in length and shall be accessible without moving another bicycle. Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five (5) feet from vehicle parking spaces.

FIGURE 18.20.080-A: SHORT-TERM BICYCLE PARKING

B.    Long-Term Bicycle Parking. Long-term bicycle parking shall be provided in order to serve employees, students, residents, commuters, and others who generally stay at a site for four (4) hours or longer.

1.    Parking Spaces Required.

a.    Residential Uses. A minimum of one (1) long-term bicycle parking space shall be provided for every five (5) units for multi-unit residential and group residential projects.

b.    Other Uses. Any establishment with twenty-five (25) or more full-time equivalent employees shall provide long-term bicycle parking at a minimum ratio of one (1) space per twenty (20) vehicle spaces.

c.    Parking Structures. Long-term bicycle parking shall be provided at a minimum ratio of one (1) space per fifty (50) vehicle spaces.

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

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

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

a.    An enclosed bicycle locker;

b.    A fenced, covered, locked or guarded bicycle storage area;

c.    A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas; or

d.    Other secure area approved by the Director.

5.    Size and Accessibility. Each bicycle parking space shall be a minimum of two (2) feet in width and six (6) feet in length and shall be accessible without moving another bicycle. Two (2) feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, street furniture, drive aisles, and pedestrian ways and at least five (5) feet from vehicle parking spaces. (Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

B.    Location. All required loading berths shall be located on the same site as the use served. No loading berth for vehicles over two (2) ton capacity shall be closer than fifty (50) feet to any property in a residential district unless completely enclosed by building walls, or a uniformly solid fence or wall, or any combination thereof, not less than six (6) feet in height. No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point of any street intersection.

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

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

E.    Surfacing. All open on-site loading berths shall be improved with a compacted base, not less than five (5) inches thick, surfaced with not less than three (3) inches of plant-mix asphalt, concrete, or comparable material approved by the City Engineer. (Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

1.    No more than two (2) vehicles shall be placed one (1) behind the other unless otherwise allowed under this title.

2.    Both spaces shall be assigned to a single dwelling unit or nonresidential establishment.

3.    Tandem parking to meet required parking for nonresidential uses may be used for employee parking; the maximum number of tandem parking spaces shall not exceed fifty percent (50%) of the total number of spaces.

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

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

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

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

E.    Parking Access.

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

2.    Forward Entry. Parking areas of four (4) or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an abutting street in a forward direction.

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

4.    Driveway Width.

a.    The minimum width of a driveway serving one (1) to two (2) residences shall be no less than eight (8) feet total width, with a minimum clearance of ten (10) feet. Maximum width is twenty (20) feet.

b.    The minimum width of a driveway serving three (3) to six (6) residential units is:

i.    Eight (8) feet for a one (1) way driveway; or

ii.    Fourteen (14) feet for a two (2) way driveway.

c.    The minimum width of a driveway serving seven (7) or more residential or commercial uses is:

i.    Ten (10) feet for a one (1) way driveway; or

ii.    Twenty (20) feet for a two (2) way driveway.

d.    The maximum driveway width is twenty (20) feet for a one (1) way driveway and thirty-three (33) feet for a two (2) way driveway.

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

1.    Standard Parking Spaces and Drive Aisles. The minimum basic dimension for standard parking spaces is eight and one-half (8 1/2) feet by eighteen (18) feet, with a minimum vertical clearance of seven (7) feet. Table 18.20.100-F(1) provides the dimensions of spaces (stalls) and aisles according to angle of parking spaces. The required aisle width may be modified if the City Engineer finds that sufficient space is provided, so that maneuvering areas will not interfere with traffic and pedestrian circulation.

FIGURE 18.20.100-F(1): STANDARD PARKING SPACES

2.    Parking Spaces Abutting Wall or Fence. Each parking space adjoining a wall, fence, column, or other obstruction higher than one-half (1/2) of one (1) foot in the vicinity of where a vehicle door may be located shall be increased to accommodate access to the vehicle through the door.

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

a.    A single-car garage or carport: ten (10) feet in width by twenty (20) feet in length.

b.    A two (2) car garage or carport: twenty (20) feet in width by twenty (20) feet in length for a standard garage, and ten (10) feet in width by forty (40) feet in length for a tandem garage.

c.    A garage or carport containing three (3) or more spaces: nine (9) feet in width by nineteen (19) feet in length per space.

d.    The vertical clearance for garage or carport parking spaces shall not be less than seven (7) feet.

Stairs may encroach into the parking area of a garage; provided, that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five (5) feet above the garage floor.

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

H.    Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces on a site with ten (10) or more unenclosed parking spaces. A six (6) inch-high concrete curb surrounding a landscape area at least six (6) feet wide may be used as a wheel stop; provided, that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.

FIGURE 18.20.100-H: WHEEL STOPS

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

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

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

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

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

J.    Perimeter Curbing. A six (6) inch-wide and six (6) inch-high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

K.    Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over large paved areas compared to natural landscape. In order to reduce ambient surface temperatures in parking areas, at least fifty percent (50%) of the areas not landscaped shall be shaded, of light colored materials with a solar reflectance index of at least twenty-nine (29), or a combination of shading and light colored materials.

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

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

L.    Lighting. Public parking areas designed to accommodate ten (10) or more vehicles shall be provided with a minimum of one-half (1/2) foot-candle and a maximum of three (3) foot-candles of light over the parking surface during the hours of use from one-half (1/2) hour before dusk until one-half (1/2) hour after dawn.

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

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

M.    Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four (4) feet in width. Commercial buildings with twenty-five thousand (25,000) square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five (5) feet in width, as well as a planter area at least three (3) feet in width. These requirements do not apply to parking areas containing five (5) or fewer spaces.

FIGURE 18.20.100-M: SEPARATION FROM ON-SITE BUILDINGS

N.    Landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Chapter 18.18, Landscaping, as well as the standards of this subsection for all uses except single-unit dwellings and duplexes.

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

2.    Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than twenty-five (25) square feet in area, or four (4) feet in any horizontal dimension, excluding curbing.

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

a.    Landscaped planting strips at least four (4) feet wide between rows of parking stalls;

b.    Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;

c.    Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

d.    On-site landscaping at the parking lot perimeter.

4.    Required Landscaped Islands. A landscaped island at least six (6) feet in all interior dimensions and containing at least one (1) fifteen (15) gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six (6) consecutive parking stalls.

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

6.    Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three (3) feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

7.    Landscaped Buffer for Parking Garages. A parking garage that does not incorporate ground-floor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level must provide a landscaped area at least ten (10) feet wide between the parking garage and public street.

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

9.    Trees.

a.    Number Required. One (1) for each five (5) parking spaces.

b.    Distribution. Trees shall be distributed relatively evenly throughout the parking area.

c.    Species. Tree species shall be selected from a list maintained by the Planning Division.

d.    Size. All trees shall be a minimum fifteen (15) gallon size with a one (1) inch diameter at forty-eight (48) inches above natural grade.

e.    Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five (5) feet. Additional space may be required for some tree species.

FIGURE 18.20.100-N: PARKING LOT LANDSCAPING

10.    Protection of Vegetation.

a.    Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum two (2) foot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two (2) feet from the back of the curb.

b.    Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six (6) inches wide and six (6) inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

FIGURE 18.20.100-N(10): PROTECTION OF VEGETATION

11.    Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver’s vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight (8) feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed thirty (30) inches in height.

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

1.    Height. Screening of parking lots from adjacent public streets shall be three (3) feet in height. Screening of parking lots along interior lot lines that abut residential districts shall be six (6) feet in height, except within the required front setback of the applicable zoning district, where screening shall be three (3) feet in height.

2.    Materials. Screening may consist of one (1) or any combination of the methods listed below:

a.    Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director.

b.    Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.

c.    Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two (2) feet within eighteen (18) months after initial installation.

d.    Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

P.    Circulation and Safety.

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

2.    Off-street parking areas of four (4) or more spaces shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only.

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

4.    Separate vehicular and pedestrian circulation systems shall be provided where possible. Multi-unit residential developments of five (5) or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are eighty (80) feet or more in depth and/or include twenty-five (25) or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

a.    Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than one hundred twenty-five percent (125%) of the straight-line distance.

b.    Materials and Width. Walkways shall provide at least five (5) feet of unobstructed width and be hard-surfaced.

c.    Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.

d.    Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four (4) inches high, bollards, or other physical barrier.

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

R.    Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1596 § 6 (Exh. A), 2023; Ord. 1537 (Exh. C (part)), 2018: Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

The purposes of this chapter are to:

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

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

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

D.    Protect and sustain the natural environment by promoting conservation of energy and natural resources, improving waste stream management, and reducing emission of greenhouse gases. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The minimum requirements in this chapter apply to all land uses in all zoning districts, unless otherwise specified. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard that would adversely affect the surrounding area. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

a.    Ambient Noise. If the ambient noise level at a noise-sensitive use is ten dBA or more below the standard, the allowable noise standard shall be decreased by five decibels.

b.    Duration. The maximum allowable noise level (L50) shall be increased as follows to account for the effects of duration:

i.    Noise that is produced for no more than a cumulative period of fifteen minutes in any hour may exceed the noise limit by five decibels; and

ii.    Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the noise limits by ten decibels;

iii.    Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the noise limits by fifteen decibels.

c.    Character of Sound. If a noise contains a steady audible tone or is a repetitive noise (such as hammering or riveting) or contains music or speech conveying informational content, the maximum allowable noise levels shall be reduced by five decibels.

d.    Prohibited Noise. Noise for a cumulative period of thirty minutes or more in any hour which exceeds the noise standard for the receiving land use.

B.    Noise Exposure—Land Use Requirements and Limitations. Table 18.21.050-B, Noise Exposure—Land Requirements and Limitations, describes the requirements and limitations of various land uses within the listed day/night average sound level (Ldn) ranges.

Notes:

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

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

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

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

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

1.    Create an inconsistency with the noise requirements of the San Carlos Airport as defined in Section 18.21.150, San Carlos Airport land use compatibility plan consistency;

a.    Where applicable, noise attenuation measures may be required;

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

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

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

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

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

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

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

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

F.    Airport Land Use Compatibility Plan Consistency. Where required, conformance with applicable airport land use compatibility plan standards, as described in Section 18.21.150, San Carlos Airport land use compatibility plan consistency, is required. (Ord. 1606 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject parcel (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. (Ord. 1438 § 4 (Exh. A (part)), 2011)

No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the site (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

C.    BAAQMD Permit. Operators of activities, processes, or uses that require approval to operate from the BAAQMD shall file a copy of the permit with the Planning Division within thirty days of permit approval. Ord. 1480 (Exh. C (part)), 2015; (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, either directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division 7).

B.    Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Fire fighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances such as, but not limited to, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Codes, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

No use, activity or process shall cause electromagnetic interference with normal radio and television reception in any residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations. (Ord. 1438 § 4 (Exh. A (part)), 2011)

No radiation of any kind shall be emitted that is dangerous to humans. (Ord. 1438 § 4 (Exh. A (part)), 2011)

This section establishes standards and requirements related to consistency within the County of San Mateo’s Comprehensive Airport Land Use Compatibility Plan for the Environs of San Carlos Airport (ALUCP). The ALUCP outlines the following requirements and criteria for proposed development projects, alterations, or changes of use that are subject to the ALUCP:

A.    Safety Compatibility Evaluation. All proposed development projects, alterations, or changes of use subject to the ALUCP will be reviewed for consistency with the County of San Mateo’s Safety Compatibility Policies of the ALUCP. Project applicants shall be required to evaluate potential safety issues if the property is located within any of the safety compatibility zones established in the ALUCP.

B.    Airspace Protection Evaluation. All proposed development projects, alterations, or changes of use subject to the ALUCP will be reviewed for consistency with Airspace Protection Policies of the ALUCP. These include notice of proposed construction or alteration, maximum compatible building height and other flight hazards and avigation easement requirements of San Carlos ALUCP Airspace Protection Policy 7.

C.    Airport Noise Evaluation and Mitigation. All proposed development projects, alterations, or changes of use subject to the ALUCP will be reviewed for consistency with the noise policies of the ALUCP, including the avigation easement requirements of San Carlos ALUCP Noise Policy 7. Uses listed as “conditionally compatible” in the ALUCP will be required to mitigate impacts to comply with the interior noise standards established in the ALUCP or General Plan, whichever is more restrictive.

D.    Airport Real Estate Disclosure Notices. Proximity to the airport could affect allowable development and uses. All proposed developments, alterations, or changes of use that are subject to the ALUCP are required to comply with the real estate disclosure requirements of State law (California Business and Professions Code Section 11010(b)(13)). The following statement by the seller must be included in the notice of intention to offer the property for sale or lease:

Notice of Airport in Vicinity. This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

E.    Overflight Notification Requirement. All new residential development projects, other than additions and accessory dwelling units (ADUs), within Overflight Notification Zone 2 shall incorporate a recorded overflight notification requirement as a condition of approval in order to provide a permanent form of overflight notification to all future property owners, consistent with ALUCP Overflight Policies.

F.    Federal Aviation Administration (FAA) Requirements. Proof of consistency with FAA rules and regulations must be provided through one (1) of the following ways:

1.    A Federal Aviation Administration Review Not Required Form must be signed prior to issuance of building permit.

2.    Receive a determination of no hazard by the FAA after submittal of FAA Form 7460-1, Notice of Proposed Construction. Instructions and additional information on Form 7460 can found within the ALUCP and on the FAA’s website.

G.    Local Agency Override of an Airport Land Use Commission Determination. A process under which the City Council may overrule certain Airport Land Use Commission determinations under certain circumstances is established in Sections 21675.1(d), 21676(b) and 21676(c) of the Public Utilities Code and outlined in the ALUCP.

H.    Required Disclosures. In the event of local override action of an Airport Land Use Commission determination, disclosures may be required from property owners as a condition of approval for any use listed as conditional in the ALUCP noise or safety compatibility zone that corresponds with the site of the proposed project, including childcare, congregate care facilities, etc. Property owners are encouraged to provide appropriate notices to their tenants. (Ord. 1606 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Title. This chapter shall be known as the sign ordinance of the City of San Carlos, California.

B.    Authority. This chapter is enacted pursuant to the following provisions of State law: the California Constitution, Article XI, Section 7; Government Code Sections 65000 et seq., 65850(b), 38774, and 38775; Business and Professions Code Sections 5200 et seq. and 5490 et seq.; Civil Code Section 713; Penal Code Section 556 et seq.; as well as the City’s inherent police and zoning powers.

C.    Purpose. This chapter sets forth a comprehensive system for the regulation of signs which are within the corporate limits of the City. This chapter governs the number, size, type, location, and physical aspects of signs. By adopting this chapter, the City Council intends to serve and advance various public and governmental interests, which include, but are not limited to, the following:

1.    To protect the right to free speech by the display of protected message(s) on a sign, while balancing this right against public interests;

2.    To implement the sign-related goals, strategies and policies of the General Plan;

3.    To reduce hazards that may be caused or worsened by driver and pedestrian distraction caused by signs, especially those projecting over public rights-of-way or near roadway intersections;

4.    To preserve and enhance the aesthetic and environmental values of the community, while at the same time providing adequate channels of communication to the public;

5.    To reduce excessive and confusing sign displays;

6.    To preserve and improve the appearance of the City as a place in which to live and to work and as an attraction to nonresidents who come to visit or trade;

7.    To safeguard and improve property values;

8.    To reduce “visual shouting matches” and visual clutter by setting reasonable time, place and manner limits on sign displays, which apply equally to all persons who are similarly situated;

9.    To protect the peaceful, quiet, residential nature of neighborhoods from intrusion or degradation by inappropriate commercial signage;

10.    To protect public and private investment in buildings and open spaces;

11.    To state and enforce City policies regarding new billboards;

12.    To promote the public health, safety and general welfare;

13.    To state policies regarding private party signs on City-owned property and public rights-of-way.

D.    Scope. As to signs on private property, this chapter is regulatory; it does not abrogate, override, limit, modify or nullify any easements, covenants, leases or other existing private agreements which are more restrictive than this chapter. Except as to new billboards on City property authorized under Chapter 12.28, this chapter does not regulate signs that are displayed on public streets, sidewalks, and public spaces; those matters are covered by Title 12. This chapter does not modify State or Federal laws pertaining to the regulation or display of signs. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.010)

A.    Compliance Required. Signs may be erected, installed or displayed only in compliance with this chapter. Unless explicitly exempted from the permit requirement, signs may be displayed only pursuant to a sign permit or other approval, and in compliance with all other applicable permit requirements. A sign that is exempt from the sign permit requirement may still be subject to other permit requirements or legal approvals, including those required by governmental or regulatory agencies other than the City.

B.    Responsibility for Compliance. The responsibility for compliance with this chapter rests jointly and severally upon the sign owner, the sign operator (if different from the sign owner), all parties holding the present right of possession and control of the property whereon a sign is located, mounted or installed, and the legal owner of the lot or parcel, even if the sign was mounted, installed, erected or displayed without the consent of the owner and/or other parties holding the legal right to immediate possession and control.

C.    Violations. When a sign is displayed in violation of the rules of this chapter, or in violation of other applicable laws, rules, regulations, or policies regarding signs, each day is a separate violation.

D.    Enforcement. The Director is authorized and directed to enforce and administer this chapter.

E.    Interpretations. The Director, in consultation with the City Attorney, shall interpret this chapter as the need for interpretation arises, including for application to specific issues and proposed signs; such interpretations may be appealed first to the Planning and Transportation Commission and then to the City Council. All interpretations are to be made in light of the policies of message neutrality and message substitution, and the overall purposes and intent of this chapter.

F.    Message Neutrality. It is the City’s policy and intent to regulate signs in a manner consistent with the U.S. and California Constitutions, and which is content-neutral as to protected noncommercial speech.

G.    Message Substitution. Subject to the property owner’s consent, a protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure or mounting device is legal, without consideration of message content. Such substitution of message may be made without any additional approval, permitting, registration or notice to the City. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.

1.    Whenever a given parcel or land use has not used all of its permissible sign area, then the unused portion may be exercised for the display of signs displaying noncommercial messages; in such a case, a permit is required only if the sign qualifies as a structure that is subject to a building permit under the Building Code.

2.    Any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message; provided, that the sign structure or mounting device is legal without consideration of message content.

3.    This message substitution provision does not:

a.    Create a right to increase the total amount of signage on a parcel, lot or land use;

b.    Affect the requirement that a sign structure or mounting device be properly permitted;

c.    Allow a change in the physical structure of a sign or its mounting device; or

d.    Authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a noncommercial message.

H.    Discretionary Approvals. Whenever any sign permit, variance, conditional use permit, sign program, or other sign-related decision is made by any exercise of official discretion, such discretion shall be limited to the noncommunicative aspects of the sign, as defined herein, architectural compatibility of the proposed sign with the surrounding area, and other factors listed in this chapter.

1.    When discretion is authorized, it may be exercised to the following factors, as applicable:

a.    Style or character of existing improvements upon the site and lots adjacent to the site;

b.    Construction materials and details of structural design;

c.    The number and spacing of signs in the area;

d.    The sign’s display area, height, and location in relation to its proposed use;

e.    The sign’s relationship with other nearby signs, other elements of street and site furniture and adjacent structures;

f.    Form, proportion, and scale;

g.    Potential effect of the proposed sign on driver and pedestrian safety;

h.    Potential blocking of view (whole or partial) of a structure or facade or public view of historical, cultural or architectural significance;

i.    Potential obstruction of views of users of adjacent buildings to side yards, front yards, open space, or parks; and

j.    Potential negative impact on visual quality of public spaces.

2.    Discretion may not be exercised as to the graphic design or message content of the subject sign; however, graphic design themes, including color and coverage ratios, may be evaluated for sign programs, but then only as to commercial messages on signs within the area subject to the sign program.

I.    Prospective Regulation. This chapter applies to signs that may be proposed or erected in the future, including those for which applications may be pending or anticipated at the time of adoption of this chapter. It also applies to existing signs which are not legal under prior law. All existing legal signs may continue in use, but any change in use must comply with this chapter.

J.    On-Site/Off-Site Distinction. Within this chapter, the distinction between on-site signs and off-site signs applies only to commercial speech messages. It does not apply to signs displaying noncommercial messages or messages providing factual direction information.

K.    Noncommunicative Aspects. All rules and regulations concerning the noncommunicative aspects of signs, such as location, size, height, illumination, spacing, orientation, etc., stand enforceable independently of any permit or approval process.

L.    Legal Nature of Sign Rights and Duties. As to all signs attached to real property, the signage rights, duties and obligations arising from this chapter attach to and travel with the land or other property on which a sign is mounted, installed or displayed. A sign permit is an official authorization of legal right to a certain use of a particular parcel of land; it is not a certificate of ownership. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases (so long as they are not in conflict with this chapter or other applicable law), or the ownership of sign structures. This provision does not apply to temporary handheld signs or visual images that are aspects of personal appearance. This provision does not prevent a sign owner from removing a sign structure from a given location and installing it in another location, so long as all then-current legal requirements applicable to the new location are satisfied.

M.    Owner’s Consent. No sign may be placed on private property without the consent of the legal owner of the property and all persons holding the present right of possession and control.

N.    Signs as Accessory Uses. Unless otherwise provided herein, permanent structure signs displaying commercial messages are to be accessories to, auxiliary to, or appurtenant to another main, principal or primary use on the same parcel.

O.    Policy Regarding New Billboards. Except as authorized on City property under Chapter 12.28, new billboards, as defined herein, are prohibited. The City completely prohibits the construction, erection or use of any new billboards. This policy does not affect existing, legal billboards, or new billboards authorized by Chapter 12.28, or prevent relocation agreements, as authorized by Business and Professions Code Section 5412, so long as such agreements are not contrary to other applicable law. This policy does not prohibit permanent directional signs that are under four square feet in area, are allowed pursuant to the provisions of this chapter or otherwise conform to the current edition of the Manual on Uniform Traffic Control Devices. Violation of this policy is declared to be a public nuisance that may be abated by any method authorized by law.

1.    Billboard Policy—Severability. In adopting the “no new billboards” provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable.

P.    Mixed-Use Zones. In any zoning district where both residential and nonresidential land uses are allowed, the sign-related rights and responsibilities applicable to any particular parcel or land use shall be determined as follows: residential uses shall be treated as if they were located in a zone where a use of that type would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a zone where that particular use would be allowed, either as a matter of right or subject to a conditional use permit or similar discretionary process. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.015)

The following definitions apply to this chapter:

“A-frame” and “I-frame” signs mean portable freestanding signs mounted on one or two connected surfaces spread so the message may be read from different directions.

“Advertising message” means any visual image displayed for the purpose of attracting the attention of the public or potential customers, or communicating a commercial message. Noncommercial messages are not within this definition.

“Animated sign, readerboard” means a sign in which the sign copy can be changed.

“Apartment or multifamily identification sign” means a sign identifying an apartment or multifamily building.

“Awning sign” means a sign painted, printed or affixed to an awning.

“Barber pole” means a rotating or stationary cylindrical pole in a traditional red, white, and blue spiral striped design that identifies the premises as a barber shop.

“Base of the sign structure” means the structural component of a freestanding sign located below the display surface.

“Billboard” means a permanent structure sign in a fixed location, which meets any one or more of the following criteria:

1.    It is intended to be used for, or is actually used for, the display of general advertising or general advertising for hire;

2.    It is used for or intended to be used for the display of commercial advertising messages which pertain to products and/or services which are offered at a different location, also known as off-site commercial messages;

3.    It constitutes a separate principal use of the property, in contrast to an auxiliary, accessory or appurtenant use of the principal use of the property.

“Billboard vehicle” means any wheeled vehicle used primarily for the display of general advertising or general advertising for hire, by means of traversing upon any public street or parking on any public street in a manner that the advertising image(s) on the vehicle are visible from any portion of the public right-of-way. Also known as “sign truck” or “billboard truck.” This definition does not apply to vehicles displaying images related to the same business or establishment of which the vehicle is an operating instrument, such as, by way of example and not limitation, an advertisement for a grocery store on a truck delivering merchandise to that store. Also, it does not apply to vehicles which are on the public road for the primary purpose of transportation, such as taxis and buses, even if such vehicles display general advertising.

“Church sign” means a sign displayed on the premises of a church, synagogue, temple, mosque, sanctuary, or other religiously oriented meeting facility.

“City” means the City of San Carlos, California.

“Commercial mascot” means a live person or animal attired in commercial speech imagery, in public view, for the principal purpose of attracting attention to the commercial imagery.

“Commercial message” means a message which is primarily concerned with debate in the marketplace of goods and services, or the economic interests of the speaker and/or the audience, or which proposes a commercial transaction. Contrast: “noncommercial message.”

“Construction site sign” means a temporary sign displayed on the site of an ongoing construction project, during the time which begins when all necessary permits and approvals have been granted and ending with the latest of: a certificate of completion, a final inspection, or a certificate of occupancy, or the functional equivalent of any of them.

“Digital display” means a device which allows the image on a sign to be changed by electronic control methods; such devices typically use light emitting diodes or their functional equivalent to create the visible image. Both slide show type and moving image type displays are within this definition.

“Digital sign” means a sign which uses a digital display device to present the visual image to the public.

“Direct illumination” means a light source by which the light rays go through the face of the sign from behind; the term “illuminated” includes tubing and strings of lights.

“Directional sign” means a sign which serves primarily to provide directional information and which does not include commercial messages or images.

“Director” means the City’s Planning Director. The term includes all delegates and designees.

“Directory sign” means a sign listing the names and locations of occupants.

“Display face” means that portion of a sign upon which is mounted or attached the visually communicative image. Contrast: “noncommunicative aspects.”

“Double-sided” or “double-faced sign” means a sign that has two display surfaces connected on one edge, with the display faces visible only from different angles or locations.

“Election period” means the time which begins sixty calendar days before any special, general, or primary election in which at least some residents of San Carlos are eligible to vote, and ends seven calendar days after such election.

“Establishment” means a use of land other than residential, agricultural, or nature preservation, involving the use of a permanent structure which is subject to the safety codes, and the typical presence of live humans for at least ten hours per week. By way of example and not limitation, this definition includes businesses, factories, warehouses, hospitals, libraries, amusement parks, theaters, meeting halls, and churches, but does not include dwelling units, automated facilities (such as power transmitting stations or broadcasting towers), or raw land without improvements.

“Flag” means any fabric, textile, or material of any shape or size, with colors and/or patterns, which displays a symbol of a nation, state, company, or idea. Includes pennants even if they do not display a visual image separate from the fabric.

“Flashing sign” means a sign which produces intermittent illumination, revolving or rotating lighting, or constant lighting whereby the brilliance is varied by mechanical or other means.

“Freestanding sign” means a sign supported primarily by one or more uprights, poles, piers, pylons or braces in or upon the ground, in contrast to receiving primary support from a wall, fence, window, roof or other stable structure. This definition applies even when the pole or poles are covered with skirting or cladding. Monuments and pole signs are types of freestanding signs.

Frontage, Primary. See “primary business frontage.”

Frontage, Secondary. See “secondary business frontage.”

“Garage sale sign” means a sign pertaining to the occasional sale, from a residence, of used or handmade goods. Signs pertaining to similar events, such as yard sales and moving sales, are within this definition. Auctions, estate sales and other sales conducted by licensed or bonded professionals, from a residential location, are within this definition.

“Gasoline price sign” means a sign identifying the grade and/or type and price of gasoline sold on the premises.

“General advertising” means the business or enterprise of making a sign display face available to a variety of advertisers, whether they be businesses or other establishments. This definition applies even when the display face is donated or made available at a reduced rate or for in-kind consideration. Also known as “general advertising for hire.” General advertising is in contrast to self-promotion advertising.

Governmental or Other Sign Required by Law. See “official sign.”

“Graphic design” means the lettering, logos, pictures, symbols, patterns, depictions, and colors on a sign. Also known as sign copy or ad copy.

“Identification sign” means a sign that indicates the occupation conducted on the premises, or the occupant of the premises.

“Illuminated sign” means a sign where an artificial source of light is used to make the message readable and includes signs that are internally or externally lighted, reflectorized, flowing, glowing, or radiating. Signs which receive only ambient lighting are not within this definition.

“Inflatable signs, hot air balloons or blimps” means objects enlarged, inflated or activated by wind, air, or compressed gas to a volume of five or more cubic feet, used to display visually communicative images to public view.

“Information sign” means a sign which is on display for the safety and convenience of the public, providing information such as “restrooms,” “telephone,” “danger,” “impaired clearance,” “no smoking,” “parking in rear,” and other signs of a similar nature.

“Institutional sign” means a sign that identifies a church, school, hospital, rest home, government building or similar facility.

“Logo” means the name, symbol or trademark of a company, establishment or organization.

“Major tenant” means a single tenant who occupies at least seven thousand aggregated square feet of floor area in a building, center or complex of buildings.

“Marquee (fixed awning)” or “canopy” means an overhead covering or shelter (attached to a building) used as a sign, including: a sign attached to the front edge of the canopy or marquee; a sign placed along the sides or front edges of a canopy or marquee; a sign that is attached to the top or face of or beneath a marquee, canopy, cantilevered covered walkway or arcade, parallel or at right angles to the building.

“Marquee top” means a sign attached to the top of the canopy or marquee, or placed along the sides or front edges of a canopy or marquee.

“Marquee underside” means a sign attached to the underside of the canopy or marquee, or a sign placed along the sides or front edges of a canopy or marquee, or sign suspended above the public right-of-way under a canopy, awning, or marquee of a building.

“Monument sign” means a freestanding sign which is solid from the ground to the top; a freestanding sign without exposed poles.

“Multifamily dwelling sign” means a sign which identifies a multifamily building or set of such buildings operated under one management office. It refers to a master sign displayed by the management office, but not to signs displayed by persons in dwelling units.

“Multisided sign” means a sign with three or more display surfaces. Compare: “double-sided sign.”

“Mural” means an artistic creation that contains no text and no commercial images, and is visible to the public from any public right-of-way.

“Nameplate” means a sign that displays name and/or address of the occupant or location of a residential land use.

“Neon sign” means a sign which incorporates lighted neon tubes or other fluorescing gas as all or a portion of the advertising message.

“Noncommercial message” means a message which pertains primarily to debate in the marketplace of ideas. Such messages typically cover subjects such as politics, religion, philosophy, social policy, as well as commentary on sports, arts and entertainments, etc. There is no on-site/off-site distinction as to noncommercial messages.

“Noncommunicative aspects” means those characteristics of a sign which do not present a communicative visual image to the public, such as size, height, setback, structural strength or weight, illumination method, density, orientation, etc.

“Off-site sign” means a sign displaying a commercial message pertaining to a product or service which is not available at the same location. This definition applies only to commercial messages.

“Office complex” means three or more buildings with multiple tenants, collectively containing at least twelve thousand square feet of building floor area, that are located on one or more contiguous parcels and that utilize common off-street parking and access.

“Official sign” means a sign posted pursuant to or in the discharge of any governmental function by public officials in the performance of their duties (including traffic and street name signs, as well as notices, emblems, or other forms of identification and signs required by law).

“On-site sign” means a sign which directs attention to a business, commodity, service, industry, or other activity which is sold, offered, or conducted on the premises upon which the sign is located or to which it is affixed. Signs which promote products or services that are expected to be offered or available in the near future, at the same location, are within this definition. Signs mounted on public rights-of-way that are adjacent to the establishment premises, or on parking lots which serve the establishment premises, are considered on site. As to signs on construction sites, all commercial messages related to the persons, firms, and entities involved in the construction project, and information pertaining to the future use of the completed project, are considered on site, so long as the sign is not used for general advertising for hire. On parcels which are adjacent to freeways, any sign installed within three hundred feet of any portion of the parcel on which an establishment is located is considered on site as to commercial messages related to that establishment. As to officially approved redevelopment projects, any sign located within the project is considered on site as to any commercial message related to any establishment within the same project. This definition applies only to signs displaying commercial messages.

“Parking lot sign” means a sign placed or displayed on a parking lot to supply information to people using the lot, including liability, entry, exit and directional information, as necessary to facilitate the safe movement of vehicles and pedestrians.

“Pennant” means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention. Flags are not within this definition.

“Pole sign” means a sign attached or suspended from a pole, post, pylon or pier, which is embedded in the ground. Typically, the poles are left exposed; however, this definition applies even when the poles are skirted or cladded.

“Primary business frontage” means that frontage of the building abutting a public right-of-way providing the primary or most important approach or entrance to the premises. When there is more than one approach or entrance to the premises, staff or the Architectural Review Committee shall determine which frontage is primary. This definition applies to all establishments, not just businesses.

“Professional and occupation sign” means a sign that displays the name and profession of the occupant.

“Projecting sign” means a sign attached at an angle or perpendicular to a building other than mounted flat on the surface of a building. Any sign which projects twelve inches or more from the surface to which it is attached is within this definition.

“Public and quasi-public building sign” means a permanent sign mounted or displayed on the premises of a public or quasi-public building, such as City Hall, public libraries, churches, etc.

“Public entrance” means an entrance into a building that is recognized as a main entrance and is open for use by the general public. A “fire exit only” doorway is not a public entrance.

Public Sign. See “official sign.”

“Readerboard” means a sign with detachable and interchangeable letters which are easily changed. Within this definition, “readerboards” may include digital signs, as well as older technologies using channel lettering and functionally similar devices.

“Real estate sign” means a temporary sign providing information about real estate which is offered for sale, rent, exchange or other economic transaction, but not including signs promoting transient accommodations at hotels, motels, and inns. All signs described in Civil Code Section 713 are within this definition.

“Residential address sign” means a sign with street numbers and/or names not exceeding two square feet per sign for single-family or duplex structures.

“Roofline” means the peak of the roof, top of a parapet or top of the wall or an angular plane projected parallel to the verge rafter of a gable roof, whichever is higher.

“Safety codes” means those codes adopted to protect public safety, such as, by way of example and not limitation, building, electrical, plumbing, grading, etc.

“Secondary business frontage” means that frontage of a building abutting a public right-of-way other than the primary business frontage.

“Shopping center” means a multitenant facility including businesses, a group of businesses or other establishments that function as an integral unit on a single parcel or on contiguous parcels, and that utilize common off-street parking and access. This definition applies even if some of the rentable or leasable units are occupied by, or are available for, uses other than profit-seeking businesses.

“Sign” means any device for displaying visual images, graphics, symbols, and/or written copy for the primary purpose of communicating with the public, when such image is visible from any public right-of-way. “Sign” shall include any moving part, lighting, sound equipment, framework, background material, structural support, or other part thereof. A display, device, or thing need not contain lettering to be a sign. Notwithstanding the generality of the foregoing, the following are not within this definition:

1.    Aerial signs or banners towed behind aircraft;

2.    Automated teller machines (ATMs) when the lettering is not wider than the machine;

3.    Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts), which do not perform a communicative function;

4.    Fireworks, etc. The legal use of fireworks, candles and artificial lighting not otherwise regulated by this chapter;

5.    Foundation stones and cornerstones;

6.    Grave markers, gravestones, headstones, mausoleums, shrines, and other markers of the deceased;

7.    Historical plaques;

8.    Holiday and cultural observance decorations on private residential property which are on display for not more than forty-five calendar days per year (cumulative, per parcel or use) and which do not include commercial advertising messages;

9.    Inflatable gymnasiums. Inflatable, temporary, moveable gymnasium devices commonly used for children’s birthday parties, and similar devices. Also called “party jumps”;

10.    Interior graphics or signage. Visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located on the inside of a building and at least three feet from the window;

11.    Manufacturers’ marks. Marks on tangible products which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;

12.    Mass transit graphics. Graphic images mounted on duly licensed and authorized mass transit vehicles that legally pass through the City;

13.    Menu boards not exceeding four square feet per display area at establishments serving food to customers who eat on the premises, or eight square feet at establishments where the menu board serves customers who take out their food;

14.    Merchandise on public display and presently available for purchase on site;

15.    Murals (these are regulated as public art, not signs);

16.    Newsracks and newsstands;

17.    Overhead signs. Graphic images which are visible only from above, such as those visible only from airplanes or helicopters, when such images are not visible from the street surface or public right-of-way;

18.    Personal appearance. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, costumes, masks, etc. (but not including commercial mascots or handheld signs);

19.    Searchlights and klieg lights when used as part of a search and rescue or other emergency service operation; this exclusion does not apply to searchlights or klieg lights used as attention-attracting devices for commercial or special events;

20.    Shopping carts, golf carts, horse drawn carriages, and similar devices; any motorized vehicle which may be legally operated upon a public road is not within this exclusion;

21.    Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; by way of example and not limitation, such symbols include stained glass windows on churches, carved or bas relief doors or walls, bells, religious statuary, etc.;

22.    Vehicle and vessel insignia. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;

23.    Vending machines and product dispensing devices which do not display off-site commercial messages or general advertising messages;

24.    Window displays. The display, in a store window, of merchandise which is available for immediate purchase.

“Sign area” means the display surface area, including any background or backing constructed, painted or installed as an integral part of the sign, as follows:

1.    Where separate backing or individual cutout figures or letters are used, the area shall be measured as the area of the smallest polygon, and not to exceed six straight sides which will completely enclose all figures, letters, designs and tubing which are a part of the sign.

2.    Where separate or individual component elements of a sign are spaced or separated from one another, each component element shall be considered a separate sign.

3.    Total sign area shall be measured to include all sides of a double-faced or multi-sided sign. However, flag area is measured one side only.

“Sign height” means the distance from the sidewalk or roadbed grade nearest the base of the sign to the top of the highest element of the sign. Where there is no sidewalk, the grade of the roadbed nearest the sign shall be used.

“Sign program” means a comprehensive scheme for a consistent visual theme applicable to multiple establishments located in a single development project, or to large projects on large sites. Such programs often include standardized fonts, lighting, backgrounds, other elements of graphic design, and placement rules. Also known as “coordinated sign design.”

“Sign structure” means a structure which supports or is intended to support a sign. A sign structure may or may not be incorporated as an integral part of a building. Any sign which is within the definition of “structure” in the Building Code is also within this definition.

“Subdivision sign” means a sign concerning real property which has been divided into five or more lots, parcels or units for sale, lease or rent.

“Temporary sign” means a sign which, by its physical nature, is not suitable for long-term display. Temporary signs are typically made of lightweight or flimsy material, and can be easily installed with ordinary hand tools. Any sign which is within the definition of “structure” in the Building Code is not within this definition. The definition also includes signs mounted on permanent structures, such as windows, walls, or fences, but which may be on display only for a limited period of time.

“Wall sign” means a sign painted on or attached parallel to the wall face of a building.

“Window sign, permanent” means a sign displayed within three feet from the inside of the window face or on the window face, and that is visible from a public street or walkway, on display without change in image for more than thirty days per calendar year.

“Window sign, temporary” means a sign displayed within three feet from the inside of the window face, or on the window face (interior or exterior), that is visible from the public right-of-way, on display thirty or fewer days per calendar year. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.020)

(Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.021)

A.    Scope. This section applies to all signs that may be altered, erected, maintained or displayed only by a sign permit. The internal review and appeal procedures also apply to any other sign-related decision made by the City, including but not limited to removal orders, revocation of permits, orders to abate, placement of any new billboards on City property pursuant to Chapter 12.28, etc.

B.    Permit—Generally—Required. It shall be unlawful for any person, firm, or corporation to authorize, erect, construct, maintain, move, alter, change, place, suspend or attach any sign, as defined in this chapter, within the City of San Carlos without first obtaining a sign permit to do so, and paying the appropriate fees prescribed therefor. This rule does not apply to signs which are exempted from the permit requirement by an explicit provision of this chapter.

C.    Types of Review.

1.    Director. A sign that must be reviewed by Planning Division staff for compliance with the provisions of this chapter. If the permit application satisfies all requirements of this chapter, and the requirements of this chapter are not changed during the review period, then the permit shall be approved. Approval of a sign permit may be conditional upon satisfaction of other applicable laws, rules, policies, conditions, permits and approvals.

2.    Planning and Transportation Commission. As detailed herein, certain signs are subject to design review by the Planning and Transportation Commission. Such review is subject to the limitations stated in Section 18.22.020(H) for discretionary review. Planning and Transportation Commission review shall be required for the following proposed signs:

a.    All signs visible from the U.S. 101 right-of-way and if not already included as part of an approved sign program;

b.    Signs that exceed twenty-five feet in height as measured from finished grade to topmost point of sign or sign structure;

c.    Initial or revised sign programs;

d.    New pole signs, per Section 18.22.080(G)(1) and (2);

e.    Appeals of Director review decisions;

f.    Such other signs as may be designated elsewhere in this chapter for design review;

g.    The Director may refer design review directly to the Planning and Transportation Commission when in his/her opinion the public interest would be better served by having the Planning and Transportation Commission conduct design review.

D.    Approval Process—Necessary Findings. Prior to approving an application for design review, the following findings must be made by the approving body:

1.    That the proposal is consistent with the San Carlos General Plan and this title;

2.    That the design of the proposal is appropriate to the City, the neighborhood, and the lot in which it is proposed;

3.    That the design of the proposal is compatible with its environment with respect to use, forms, materials, setbacks, location, height, design, or similar qualities;

4.    That the proposed sign satisfies all rules stated in this chapter;

5.    New billboards, as authorized on City property pursuant to Chapter 12.28, are subject to the following additional findings:

a.    The proposed billboard must be consistent with the California Outdoor Advertising Act and the Federal Highway Beautification Act, as applicable;

b.    The billboard must be oriented primarily for viewing from the adjacent freeway;

c.    The billboard design and orientation takes into account visibility from surrounding residential neighborhoods.

E.    Right to Permit or Display. When any sign permit application fully complies with all applicable provisions of this chapter, and all other applicable laws, rules and regulations, and such laws, rules and regulations are not changed within the review period, then the permit shall be approved and issued within the required time. In the case of signs that are expressly exempt from the permit requirement, there is a right to erect, display and maintain such signs as are authorized by this chapter, subject to the applicable rules.

F.    Exemptions—Alterations. Signs legally existing prior to the effective date of the ordinance codified in this chapter are subject to a permit requirement only when a structural alteration is made, or the sign area is enlarged. No permit is required when only the sign face is changed, and the message continues to qualify as noncommercial or on-site commercial. In the case of such structural alterations or expansion, or electrical changes, a permit is required.

G.    Application for Sign Permit. Any person seeking a permit for a sign, for which design review is required, shall submit to the Director a written application for such review. The Director shall prepare a sign permit application form and provide it to any person on request. The same form may be used for both the application and the decision thereon. A single form may be used for multiple signs on the same site. A sign permit application is complete only when it is accompanied by the appropriate application fee, in an amount set by resolution of the City Council.

H.    Application—Format and Fee.

1.    Persons wishing to submit application materials in electronic form may consult with City staff about acceptable file formats and other technical requirements.

2.    Each sign permit application shall be accompanied by a nonrefundable fee in an amount set by resolution of Council.

I.    Application—Information. The application form may call for the following information:

1.    A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector.

2.    Three sets of a site plan indicating the position of the sign or awning in relation to the structures and other exterior improvements on the same parcel, with the linear frontage of building sides shown.

3.    Three sets of dimensioned plans, elevations and specifications showing the sign(s) and/or awning(s), method of construction, method of attachment to the building or in the ground, and a description of all materials. Plans need not be larger than eight and one-half by eleven inches if proper detail is shown. At least one set of the dimensioned plans must be in color.

4.    If the proposed sign is a new, freestanding structure, a site survey prepared and signed by a civil engineer or land surveyor with currently valid registration in the State of California.

5.    One set of photographs that show the site and location of the proposed sign(s) and/or awning(s) on the site, and each property immediately adjacent to the proposed site for context and placement and evaluation of impact, including impairments to visibility, to the neighboring properties.

6.    Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and, if a wall sign, the exact location on the face of the building.

7.    When the area of the sign exceeds twenty-five square feet and the height of the sign exceeds six feet: structural plans and details, including calculations, for signs supported by existing structures, prepared and signed by civil or structural engineer, or architect, with currently valid registration in the State of California.

8.    For new sign structures with pier or pile foundations, a soils report prepared and signed by a soils engineer, or civil engineer, or geotechnical engineer, with a currently valid registration in the State of California.

9.    Electrical plans.

10.    A statement by the owner of the proposed sign as to whether the sign is to display commercial messages, noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be on site or off site, and whether the sign will be used for general advertising.

11.    A statement or graphical description as to whether the proposed sign, or any part of it, is proposed to utilize any of the following physical methods of message presentation: sound; odor, smoke, fumes or steam; rotating, moving or animated elements; activation by wind or forced air; neon or other fluorescing gases; fluorescent or day-glow type colors; flashing or strobe lighting; liquid crystal displays or other video-like methods; digital display technology; live animals or living persons as part of the display; mannequins or statuary.

12.    A statement as to whether the property or parcel on which the sign is proposed to be erected or displayed, or any currently existing sign thereon, is the subject of any outstanding notice of zoning violation or notice to correct, including whether any such deficiencies are to be remedied by the proposed application.

13.    Written evidence of all owners’ consents, such as land owner or lessor.

14.    In the case of any proposed sign which is subject to a discretionary process, such as a variance, conditional use permit, or sign program, all information required by such process(es).

15.    The Director is authorized to modify the list of information to be provided on a sign permit application; however, additions may be made only after thirty days’ public notice.

16.    For sign applications consisting of a new billboard on City property, as authorized in Chapter 12.28, a visual simulation is required and shall be submitted with application materials.

J.    Completeness. The Director shall determine whether the application contains all the required information. If the application is not complete, the applicant shall be so notified in person or in writing within thirty days of the date of receipt of the application; the notice shall state the points of incompleteness and identify any additional information necessary. The applicant shall then have one opportunity, within thirty calendar days, to submit additional information to render the application complete; failure to do so within the thirty-day period shall render the application void. In such case, the application fee is not refundable.

K.    Disqualification. No sign permit application will be approved if:

1.    The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal or nonpermitted sign has not been legalized, removed or a cure included in the application;

2.    There is any other existing code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different establishment) which has not been cured at the time of the application, unless the noncompliance is proposed to be cured as part of the application;

3.    The sign application is substantially the same as an application previously denied, unless:

a.    Twelve months have elapsed since the date of the last application, or

b.    New evidence or proof of changed conditions is furnished in the new application; or

4.    The applicant has not obtained any applicable required use permit or conditional use permit. However, applications for such permits may be processed simultaneously with a sign permit application.

L.    Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When a multiple sign application is denied in whole or in part, the Director’s written notice of determination shall specify the grounds for such denial.

M.    Signs Which Are Part of a Larger Project. Permit applications for sign programs as part of planned commercial, office-professional and industrial development shall include the above information as part of a site development plan. When approval is sought for a development that includes one or more signs, then the sign aspects of the proposed development must satisfy the applicable provisions of this chapter. All such applications are subject to design review.

N.    Revocation or Cancellation. The Director may revoke any approval or permit upon refusal or failure of the permittee to comply with the provisions of the permit and the requirement of this chapter, after written notice of noncompliance and at least fifteen calendar days’ opportunity to cure. The notice and opportunity to cure do not apply when a sign, by virtue of its physical condition, constitutes an immediate and significant threat to public safety.

O.    Permits Issued in Error. Any approval or permit issued in error may be summarily revoked by the City upon written notice to the permittee stating the reason for the revocation. “Issued in error” means that the permit should not have been issued in the first place.

P.    Other Sign-Related Decisions. Challenges to or appeals of sign-related decisions, other than approval or denial of a sign review or permit, do not require a particular form, but must be in writing, signed by the applicant or challenger, and state the matter challenged and the grounds therefor. Such appeals shall use the same form as other zoning appeals.

Q.    Conditional Approval. A sign permit may be approved subject to conditions, so long as those conditions are required by this chapter or some other applicable law, rule or regulation.

R.    Safety Codes. When a sign qualifies as a structure under the Building Code, a building permit shall also be required. Compliance with all applicable safety codes shall be a condition of all sign permits.

S.    Permit Denial. When a sign permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant’s application form, and shall state the grounds for denial.

T.    Timely Decision. Other than initial review for completeness, at each level of review or appeal, the decision shall be rendered in writing within sixty calendar days. The time period begins running when the application is complete (or is deemed complete because no notice of incompleteness has been given), or the notice of appeal has been filed, whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the lower level decision shall be deemed affirmed.

U.    Appeal. Any decision on a sign permit application, or any other sign-related decision, may be appealed by any affected or interested person. Appeals go first to the Planning and Transportation Commission, and then, if the appellant is still not satisfied, to the City Council, after which judicial review may be sought. All appeals of sign-related matters shall generally be processed in accordance with Section 18.27.150, but subject to the timely decision rules of this chapter and the limitations on discretion.

V.    When Appeal Right Arises. The appeal right arises at the earlier of:

1.    Whenever a written decision is delivered to the applicant; or

2.    The time for decision has run without a written decision.

In this context, “delivered” means personally delivered or placed in the U.S. mail, whichever occurs first.

W.    Time and Method for Appeal. Any affected or interested person may appeal any sign permit or other sign-related decision to the next level of review, by delivering a written notice of appeal to the City Clerk within ten calendar days of the subject decision. If the tenth calendar day falls on a day when City offices are closed, then the time period is extended until the next day that City offices are open. The notice of appeal must state particularly the matter appealed from, and the grounds for the appeal.

X.    Status Quo. During the pendency of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign, by virtue of its physical condition, constitutes a threat to public safety.

Y.    Judicial Review. Following final decision by the City Council, any concerned person may seek judicial review of the final decision on a sign permit application pursuant to California Code of Civil Procedure Section 1094.5 or 1094.8, as applicable.

Z.    Notices. Written notices required within this chapter shall be deemed given on the earliest of the following: when personally delivered, when publicly posted, or on the day of mailing. Notices are deemed effective when sent to the last known address of the addressee. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1480 (Exh. C (part)), 2015; Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.030)

A.    Sign Location Requirements.

1.    All signs identifying an occupant, business, establishment or use shall be located on site, as that term is defined in this chapter. A sign may project over an adjacent public right-of-way only when authorized by an encroachment permit as well as a sign permit.

2.    No sign shall be located within the public right-of-way, except as otherwise authorized by this chapter or a resolution or ordinance duly adopted by City Council.

3.    Signs must be located in a manner to ensure pedestrian and vehicular safety.

B.    Materials. Materials selected for permanent signs shall be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

C.    Proportionate Size and Scale. The scale of on-site signs should be appropriate for the building on which they are placed and the area in which they are located. The size and shape of an on-site sign should be proportionate with the scale of the structure.

D.    Size Limits on Display Face. As to on-site signs on nonresidential establishments, the maximum display area of all permanent signs on a given parcel is 1.6 square feet per linear foot of primary business frontage, with a one-hundred-square-foot maximum, plus 0.8 square feet of sign area for any secondary business frontage, with a fifty-square-foot maximum. This general rule applies unless there is an explicit provision to the contrary in this chapter; this general rule does not apply to sign programs.

E.    Sign Programs. A sign program shall be required for multiple-tenant projects, and for larger projects, at the discretion of the Director, that are constructed after the effective date of the ordinance codified in this chapter. Such programs may deviate from the otherwise applicable rules regarding the noncommunicative aspects of signs. The intent of a sign program is to achieve uniformity in lettering style, height and color. The sign program shall be subject to Planning and Transportation Commission review. For projects constructed prior to the effective date of the ordinance codified in this chapter, a sign program shall be established at the time the first modification of an existing sign is proposed that requires the replacement or alteration of an existing sign on the premises. Thereafter, any replacement or alteration of any sign shall be in compliance with this chapter and the approved coordinated sign program.

F.    Code Compliance. Every sign and all parts, portions, units and materials comprising the sign, together with the frame, background, supports and anchorage, shall be manufactured, fabricated, assembled, constructed, erected, and maintained in compliance with the building, electrical, sign, and fire codes and the zoning regulations of the City as they exist as of the effective date of the ordinance codified in this chapter or may thereafter be amended. Prior to installing signs, all necessary building permits shall be obtained.

G.    Construction and Maintenance. Every sign and all parts, portions, units, and materials comprising the sign, together with the frame, background, supports, and anchorage, shall be maintained in proper repair by the owner and/or possessor of such sign and the owner of the property on which the sign is located.

H.    Repainting. Repainting to like colors or replacement of faded or damaged sign face is not subject to a sign permit; provided, that the sign meets current sign ordinance requirements and there is no change to the sign structure.

I.    New Establishment. Changing the sign panels for a new establishment shall require design review to verify that the sign cabinet and other structural elements are still legal. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.035)

Subject to the rules stated in this section, the signs listed in this section are exempt from the sign permit requirement, but are still subject to other applicable laws, rules and regulations.

A.    Directional signs (not including temporary real estate directional signs) may be erected on site when necessary to facilitate circulation to and on the site. Such signs shall not be counted against the site’s allowed sign area. Individual directional signs may not exceed two square feet in area or six feet in height, except that directional signs located on properties greater than one acre in area may have individual directional signs up to four square feet in area.

B.    Information signs not exceeding three square feet in display face area.

C.    Nameplates not exceeding one square foot in display face area.

D.    Professional and occupation signs may not exceed four square feet in area for all professionals on the property. When added to other signage on the property, the professional signage shall not exceed total allowed signage on the property. (Administrative review is required for signs over four square feet.)

E.    Official signs posted by the City or another governmental entity authorized to do so. Legal notices, as required by law or as ordered by a court of competent jurisdiction, such as notices of eviction, notices of violation, notice of application for liquor permits, etc.

F.    Signs on residential uses. See Section 18.22.130.

G.    Temporary signs displaying exclusively noncommercial messages on nonresidential properties; provided, that such temporary signage does not exceed one hundred square feet at all times, or one hundred square feet during the election period. Such signs may be illuminated only by ambient lighting, and are subject to building permit requirements only when they meet the definition of “structure” in the Building Code. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438

§ 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.040)

The signs described in this section may be displayed on all nonresidential properties, subject to the rules stated in this section, as well as all other applicable laws, rules and policies. Unless otherwise stated, all signs described in this section are subject to design review.

A.    Awning signs.

B.    Barber poles.

C.    Monument signs may be placed within required setback or yard areas, in which case they may be either parallel or substantially at right angles to such right-of-way.

1.    Maximum height: eight feet above finished grade, but no higher than one and one-half times the length of the base.

2.    If placed on a foundation or planter, the total height includes the height of the planter or foundation.

3.    Monument signs shall be placed at least six feet away from any public or private driveway.

4.    In areas with sidewalks, monument signs shall be placed at least twelve feet from public roadway.

5.    Square footage for monument signs shall be deducted from overall permitted sign area, with both sides of the sign calculated as signage if the sign is intended to be read from two or more directions.

6.    Monuments are subject to design review.

D.    Marquee (fixed awning) or canopy signs must be placed along the sides or front edges of a canopy or marquee, attached to the top or face of or beneath a marquee, canopy, cantilevered covered walkway or arcade, parallel or at right angles to the building.

1.    Such signs may be projecting or parallel to the surface to which they are attached.

2.    Such signs may not be made of cloth, canvas or other material of a similar lightweight nature.

3.    Such signs shall not hang lower than the marquee or canopy.

4.    Such signs may not project higher than the marquee or canopy.

E.    Marquee (fixed awning) or canopy signs must be of a permanent nature and attached to and supported by a building.

1.    Such signs shall not exceed the permitted signage allowed for the location.

F.    Marquee underside signs must be suspended above the public right-of-way under a canopy, awning, or marquee of a building.

1.    The canopy or marquee must be of a permanent nature and attached to and supported by a building.

2.    Such signs shall not exceed the permitted signage for the location.

3.    Clearance: minimum eight feet above grade or walkways.

G.    Pole signs. New pole signs are prohibited in all areas of the City except:

1.    Between Industrial Road and the Highway 101 Corridor and adjacent to Skyway Road and Shoreway Road.

a.    Within these areas, new pole signs may not exceed forty feet in height or one hundred square feet in display face area (measured one side) if used exclusively by a single establishment, or up to three hundred square feet per display face area when shared by two or more establishments, all of whom qualify as on site.

b.    Maximum number of pole signs per establishment, or shared between two or more on-site establishments: one.

c.    Such signs may not be used for general advertising.

2.    With the exception of R districts, pole signs may be placed within required setback or yard areas, in which case they may be either parallel or substantially at right angles to such right-of-way.

a.    They may not project over the public right-of-way.

b.    Freestanding pole signs shall be no taller than twenty-five feet at their uppermost top edge measured from the surrounding grade level below.

c.    Posts or structural supports below the sign shall not be considered in determining the sign area.

d.    The lowermost portion of the image display area shall be at least eight feet above grade to allow for visibility and access.

e.    Freestanding sign pedestals or poles shall be placed at least six feet from any building or structure.

f.    The sign cabinet shall be placed at least six feet from any private and/or public driveway.

g.    Freestanding pedestal signs shall not extend into or over any public property or access. In areas without any sidewalks, freestanding sign pedestals or poles shall be placed at least six feet from the edge of paving, provided the sign does not extend into or over a public right-of-way.

h.    The square footage of the image display area of the pole sign shall fall at or below the maximum permitted square footage for the establishment.

i.    In no case shall one side of the display face exceed one hundred square feet.

H.    Professional/occupational signs count toward the total allowed signage on the property. If signs of this type are cumulatively less than four square feet, for the entire property, then they are all exempt from the permit requirement.

I.    Projecting signs shall be securely attached to the wall and shall not project more than four feet from the mounting wall. However, if a permanent, structural overhang is part of the building and extends into the public right-of-way, a sign may be placed on top of it so long as the sign projects no more than four feet from the building face.

1.    The uppermost top edge of the sign may be no higher than the adjoining wall, parapet or roofline of the building to which it is attached.

2.    If projecting over private or public access or right-of-way, the lowest bottom edge shall be at least eight feet above the ground or grade.

3.    If double-sided, both sides of the sign shall be added together to determine total sign area which shall be deducted from the overall permitted sign area.

4.    Signs over the public right-of-way shall not extend into or occupy more than two-thirds the width of the sidewalk or walkway, as measured from the building.

J.    Readerboards, subject to the following standards:

1.    Readerboards may not exceed twelve square feet.

2.    Digital/LED type readerboards are prohibited.

K.    Wall signs, subject to the following standards:

1.    Wall signs shall be placed no further than twelve inches from the wall surface and shall be no higher than the top of the wall or parapet upon which they are mounted.

2.    Wall signs may be in cabinets, on wood or similar material attached to the wall, or painted directly on the wall.

L.    Window signs, permanent, subject to the following standards:

1.    Window signs may not cover more than twenty percent of the window surface.

2.    Combined area of permanent and temporary window signs shall not exceed forty percent of the window area.

M.    Billboards on City property, as authorized under Chapter 12.28:

1.    New billboards as authorized on City property under Chapter 12.28 may have a sign height up to fifty-five feet, and each display face of such signs may have a sign area of up to six hundred seventy-two square feet.

2.    The number of billboards as authorized on City property under Chapter 12.28 is not limited by parcel or lot, and each billboard may have up to two display faces, which may be digital and may be configured as a double-sided sign or in a V-shaped arrangement, such that the display faces may be visible from different angles or locations. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.050)

A.    Individual Tenant Occupancy Signs.

1.    Maximum number per building or center: five; total allowable area is calculated at 1.6 square feet of signage for every lineal foot of primary business frontage, but not exceeding one hundred square feet.

2.    If a building is located where there is a secondary frontage (or frontages), the secondary business frontages are allowed 0.8 square feet of signage for each linear foot of secondary business frontage the business occupies, not to exceed a total of fifty square feet.

3.    The applicant can distribute the square footage permitted among proposed signs.

B.    Multitenant Occupancy (Nonresidential).

1.    One sign per tenant, plus one additional sign on the site to identify the project.

2.    Total sign area for each tenant or occupant shall not exceed one and one-half square feet per lineal foot of primary business frontage of the occupancy.

3.    As to secondary frontage, total sign area for each tenant or occupancy shall not exceed one-half square foot per lineal foot of frontage.

4.    Maximum cumulative sign area per tenant or occupancy shall not exceed one hundred square feet.

5.    Signage for new multitenant buildings and sign programs require design review.

C.    Public and Quasi-Public Building Signs, Including Churches.

1.    Maximum number: one per street frontage.

2.    Maximum area determined in the same manner as other establishments. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.055)

This section applies to temporary signs on establishments. Unless otherwise noted, all signs described in this section are subject to administrative review.

A.    Banners and other temporary signs painted on the window or constructed of paper, cloth, or similar expendable material affixed on the window, wall, or building surface are permitted; provided, that all of the following conditions are met:

1.    The total area of such signs shall not exceed the total allowable sign area which would be allowed for new or existing permanent signs on the property. If permanent signage already exists on the property, the allowed square footage of the banner shall be within the permanent signage allotment.

2.    Such signs shall be fixed to the surface for no more than thirty continuous calendar days and for no more than sixty days each calendar year.

3.    Temporary banners shall not be erected or supported by attachment to any structure, pole, framework or device constructed or placed upon public property or right-of-way. Any such temporary banner may not be erected to extend or span over public right-of-way and must be supported from or attached to supports erected upon or attached to privately owned property or structures not on public right-of-way.

4.    The design and construction details of the banners shall be made with adequate allowance for stresses, the strength of materials incorporated into the banner, the manner of attachment to supports, and loads to be placed on the banner by the effect of the wind and other natural phenomena. This rule prevents flimsy or shoddily mounted signs which could easily become dislodged and pose a safety threat to the public. Minimum six-foot, eight-inch clearance to any walking surface on private property.

B.    Inflatable signs, hot air balloons or blimps shall comply with the provisions for temporary banners and signs and shall meet the following additional criteria:

1.    They may be on display for no more than thirty days per calendar year;

2.    They shall be ground-mounted or roof-mounted, not to exceed a height of twenty-five feet above finished grade of the building;

3.    Maximum number per location: one;

4.    Maximum size: one thousand square feet of surface area.

C.    Real estate/open house/directional signs may not exceed four square feet in area (per side) or three feet in height, and may be on display only during daytime hours when the subject property is open for public inspection or actually on the market for the proposed transaction. Such signs may not be placed on City-owned property or the public right-of-way unless authorized by Title 12.

D.    Real estate/subdivision signs may display one sign on each property or saleable dwelling unit, not to exceed six square feet in area; if that is the only sign on display, then it is exempt from the permit requirement.

1.    One additional sign, applicable to the entire subdivision project, maximum twenty square feet in area, may be on display for up to one year; that display time may be extended by the Planning and Transportation Commission upon a showing that new units remain unsold, up to the expiration of the tentative map.

2.    Up to three subdivision directional signs may also be displayed on private property with the owner’s consent, subject to:

a.    Not exceeding twenty-five square feet of total sign area in GCI, LC, IH, IL, A, and mixed-use districts; and

b.    Eight square feet of total sign area in R, PD, or O-S districts.

3.    Such subdivision directionals may be displayed only during the time period that the project sign is on display.

4.    Subdivision signs may be mounted or displayed on City-owned property or the public right-of-way only as authorized by Title 12.

5.    All signs described in this subsection are subject to design review.

E.    Construction Site Signs.

1.    Maximum number per construction site: at the discretion of the Director.

2.    Maximum size: six square feet.

3.    Maximum height: four feet.

4.    Special illumination prohibited.

F.    Community activity signs may be displayed on City-owned property and/or the public right-of-way only as authorized by Title 12. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.060)

The signs and messages described in this section are prohibited, unless allowed by another explicit provision of this chapter.

A.    Unprotected Speech. Any message or image which is outside the protection of the First Amendment to the U.S. Constitution and/or the corollary provisions of the California Constitution is prohibited. Examples include threats against the President or Vice President of the United States, material that meets the legal definition of obscenity, misleading or deceptive commercial messages, messages which promote illegal products or services, etc.

B.    Abandoned signs, those which no longer advertise a bona fide business, product, service or establishment available to the public. Signs are presumed abandoned after one hundred eighty days of nonuse or nonapplicability. If a legal sign is left in place by the tenant or landowner for the next occupant, opaque plastic inserts must be installed for any cabinet type sign and the sign shall be maintained during vacancy.

C.    A-frame and I-frame signs, except as authorized by Title 12.

D.    Animated signs.

E.    Banners.

F.    Billboards, except for new billboards as permitted on City property under Chapter 12.28, and billboard vehicles.

G.    Confusing signs. Signs (other than when used for traffic direction) which contain or are an imitation of an official traffic sign or signal, or contain the words “stop,” “go,” “slow,” “caution,” “danger,” “warning,” or similar words, or signs which imitate or may be confused with other public notices, such as zoning violations, building permits, business licenses, and the like.

H.    Despoliation of nature. Signs tacked, posted, cut, burnt, limed, painted or otherwise affixed on trees, fields, vegetation, rocks, or other natural features.

I.    Digital signs and digital displays, except as authorized for gasoline station price signs, and new billboards on City property under Chapter 12.28.

J.    Fluorescent. Permanent signs containing fluorescent or day-glow colors as all or part of their copy.

K.    Hazardous signs. Any sign erected in any manner that would create a hazardous condition to pedestrians or traffic, either by obstructing the free use of exits, buildings or sites, or by creating visual distractions by using color, sound or glare.

1.    Note: Graffiti is covered by the owner’s consent requirement.

L.    Pole signs, except as allowed by Section 18.22.080(G).

M.    Roof signs erected on or above the roof ridgeline of a building or placed above the roofline or eaves of a building or a sign painted on or attached directly to the roof.

N.    Rotating signs that turn on an axis, allowing different faces or images to be viewed from a single location.

O.    Stored signs may not be located on premises so as to be visible from beyond the property line after removal, prior to erection, or in storage.

P.    Vandalized signs. Any sign damaged, defaced or painted by acts of vandalism must be repaired and restored by the sign owner or responsible party, or removed within three days. Repair, restoration, or removal of signs requires a sign permit.

Q.    Drop-in plastic signs. Drop-in plastic signs, which do not include raised or individual lettering, are prohibited.

R.    Damaged or dilapidated signs. Any damaged or dilapidated sign from any cause must be repaired and restored by the sign owner or responsible party. Repair or restoration requires a sign permit. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1480 (Exh. C (part)), 2015; Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.065)

This section states special rules for signs in historic districts and on historic sites.

Signs that reflect the unique historical characteristics of the development and heritage of San Carlos, but do not conform to the provisions of this chapter, may be allowed to remain on display upon the granting of an historical sign permit by the Planning and Transportation Commission. Granting of the permit will be subject to the Planning and Transportation Commission’s findings that:

A.    Time. The sign existed at the effective date of the ordinance codified in this chapter and was originally erected at least thirty years prior to the date of the application.

B.    Structural Soundness. The sign is structurally sound and complies with the provisions of the current building and associated codes. A structural report from a licensed structural engineer may be required at the time of application.

C.    Typical Design. The design of the sign is typical of the styles in vogue at the time of original installation, consistent with the structures on the site, and complements the unique characteristics of San Carlos.

D.    No Clutter. Retaining the sign will not result in visual clutter or blight and will not adversely affect the adjoining properties.

E.    Repair and Maintenance. Historic signs shall be maintained in good repair. The historical sign permit shall be subject to revocation if the sign is altered or falls into disrepair, and such disrepair is not cured.

F.    Historical Significance. Application for review of significance shall be processed as a Planning and Transportation Commission use permit, with associated fees.

G.    Grandfathering. Approval of an historical sign permit authorizes the sign to remain, subject to continued maintenance. Continued maintenance or restoration may also be added as a condition of approval for this permit.

H.    Other Designations. The provisions of this section shall not apply to signs that have been identified as an historic resource to the City by inclusion on the San Carlos Historical Resources Survey, or to signs which have been given historical status in a proceeding other than the historical sign permit process by the City of San Carlos or agency of the County, State, or Federal government. Such signs are deemed authorized by any of those alternate procedures. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1480 (Exh. C (part)), 2015; Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.070)

This section controls signs on legal dwelling units, whether located in a residential zone or otherwise.

A.    Subject to property owner’s consent, each legal dwelling unit may display signs as specified in this section. A permit is required only when the sign qualifies as a structure under the Building Code. All safety code requirements must be satisfied.

B.    Total allowable display area (counting only one side of each double-sided sign): three square feet at all times; this area allowance may be increased to one hundred square feet during the election period. Flags and nameplates do not count toward this total.

C.    Message Types. Any and all protected speech of a noncommercial nature; signs described in Civil Code Section 713; garage sale signs, nameplates and identification signs; warning signs. Prohibited: off-site commercial messages, home occupation signs.

D.    Number of Signs. Not limited.

E.    Illumination. Ambient lighting only, special illumination is prohibited. Neon and other fluorescing gases are prohibited.

F.    Physical Types.

1.    Freestanding height not to exceed four feet within required setbacks; attached to walls, doors, fences, windows or poles.

2.    No mounting on roofs.

3.    If mounted on a fence, neither the fence nor the sign thereon may exceed the height limits of the fence ordinance, which are: four feet in the front setback of fifteen feet, and seven feet elsewhere.

G.    Flags.

1.    Maximum number of poles: one.

2.    Maximum height of pole: not exceeding the roofline.

3.    Special illumination allowed only on national or State holidays; maximum number of flags: not limited; maximum area of all flags combined: one hundred square feet (measured one side only).

H.    Vehicles used to display commercial messages may not be parked in the public street in a residential district.

I.    For multiple-unit residential properties, in addition to the signage allowed for each dwelling unit, the property may display one master sign, subject to:

1.    Maximum area: ten square feet if the lot is less than one hundred feet wide, or twenty square feet if the lot is one hundred or more feet wide.

2.    Such sign is subject to design review. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.080)

Any violation of this chapter may be remedied by any method provided by law. Each day that the violation continues is a new violation. All violations are declared to be public nuisances. (Ord. 1497 § 3 (Exh. A (part)), 2015: Ord. 1466 § 3 (Exh. A (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011: Ord. 1415 § 4 (Exh. A (part)), 2010. Formerly 18.150.090)

The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all districts. These provisions are supplemental standards and requirements to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

B.    The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by base district regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

An accessory use, which shall not occupy more than thirty percent of gross floor area, shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. These regulations are found in the use regulations tables in Article II, Base and Overlay Districts, and may be subject to specific standards found in this chapter or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 18.15, General Site Regulations. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Permits and Licenses. Adult-oriented businesses shall be subject to the following:

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

2.    An adult-oriented business shall be subject to and in conformance with the provisions of Chapter 8.44 et seq.

3.    Subsequent to receipt of an approved conditional use permit, but prior to establishment of the adult-oriented business, the applicant shall apply for and receive a valid adult entertainment license, as provided for in Title 5.

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

1.    From any residential district of the City of San Carlos or of any other city: one thousand feet.

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

3.    From another adult-oriented business: one thousand feet.

FIGURE 18.23.040-B: ADULT-ORIENTED BUSINESS AREA

C.    Hours of Operation. Hours of operation of the business shall be limited to the time period between ten a.m. and midnight daily or as established through the conditional use permit. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with the following standards:

A.    Landscaping and Screening.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.    Temporary Signs. Temporary signs for grand opening events or special sales are subject to Section 18.22.100, Temporary signage.

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

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

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

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

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

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

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

2.    Hours of Operation. Automobile/vehicle washing facilities are limited to seven a.m. to ten p.m., seven days a week. When abutting a residential district, the hours of operation shall be between eight a.m. to eight p.m., seven days a week.

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

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

2.    Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve months subsequent to the close of the last business day. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

B.    Sewer Capacity. Based on the size and type of facility proposed, a sewer capacity fee shall be calculated, pursuant to municipal code requirements, for the additional sewer usage. The sewer capacity fee shall be paid in its entirety at the time of building permit issuance. Construction of a new sewer line may be required to handle the additional capacity. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

B.    Number of Rooms. No more than two rooms may be rented. Additional rooms may be rented only with approval of a minor use permit.

C.    Appearance. The exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-unit character.

D.    Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

F.    Outdoor Lighting. Outdoor lighting shall not exceed an intensity of one foot-candle of light throughout the facility. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

C.    Repealed by Ord. 1568.

D.    Hours of Operation. Hours of operation shall only be within the hours of six (6) a.m. and ten (10) p.m. Additional hours may be allowed subject to approval of a minor use permit.

E.    Noise. Outdoor activities shall comply with the San Carlos noise ordinance.

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

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

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

If, for any reason, the applicant cannot meet the above requirements, the minimum parking requirements, or there are concerns with the proposed parking plan or drop-off pick-up plan, the Director may refer this item and require a minor use permit. (Ord. 1568 § 1 (Exh. A), 2021; Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Where Allowed. Drive-in and drive-through facilities are allowed, subject to approval of a conditional use permit, in the GCI District.

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

1.    A minimum fifteen-foot interior radius at curves and a minimum twelve-foot width is required.

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

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

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

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

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

F.    Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

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

G.    Management Plan. The operator of the shelter must submit a management plan for approval by the Director. The plan must address issues identified by the Director, including transportation, client supervision, security, client services, staffing, and good neighbor issues. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

1.    Permit home occupations, including cottage food operations, as an accessory use in a dwelling unit;

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

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

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

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

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

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

C.    Permit Requirements.

1.    For home occupations that are not cottage food operations, a zoning clearance is required, and is not transferable. A zoning clearance is required for each home occupation, pursuant to the provisions of Chapter 18.28, Zoning Clearance. A zoning clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new zoning clearance must be obtained for each new home occupation.

2.    For cottage food operations, which include operations whereby individuals use their home kitchens to prepare, for sale, foods that are not potentially hazardous, the following regulations apply:

a.    Cottage food operations either with or without an outside employee and without direct sales on site are permitted by right, provided a zoning clearance pursuant to the provisions of Chapter 18.28 is obtained.

b.    Cottage food operations having direct sales on site require a minor use permit and are subject to the following findings:

i.    The establishment, maintenance, and/or conducting of the use will not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the public welfare or injurious to property in such neighborhood; and

ii.    The home occupation will not be objectionable and undesirable because of potential noise, increased pedestrian or vehicular traffic, or any other condition which may interfere with the general welfare of the surrounding residential area.

c.    All cottage food operations are subject to the following standards:

i.    Only immediate family members and residents of the dwelling, plus one full-time equivalent outside employee, are allowed to participate in the operation.

ii.    Driveways shall be kept free and clear to accommodate parking for any outside employee or direct sales customer.

iii.    There shall be no outdoor storage of goods or materials visible from off site.

iv.    No commercial vehicles bearing advertising or other business identification shall be visible from the public right-of-way. No more than one commercial vehicle associated with the operation shall be parking on or near the site.

v.    Customer and delivery parking shall not occur by double-parking or blocking of neighboring driveways.

vi.    Customer visits shall be limited to no more than four persons at any given time, or twenty persons in any twenty-four-hour period.

vii.    There shall be no on-site consumption of products other than small samples.

viii.    One nameplate sign measuring no more than two square feet may be placed on the premises attached to the main building near the business entrance, indicating property address, name of business, hours of operation, contact information, and goods provided.

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

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

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

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

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

5.    Employees. Notwithstanding the provision for one full-time equivalent cottage food employee, no employees or independent contractors other than residents of the dwelling shall be permitted to work at the location of a home occupation.

6.    On-Site Client Contact. Notwithstanding the provision for direct sales on site for cottage food operators, no customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time.

7.    Direct Sales Prohibition. Notwithstanding the provision for direct sales on site for cottage food operators, home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, Internet, or other mode of electronic communication.

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

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

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

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

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

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

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

1.    Adult-oriented business;

2.    Ambulance services;

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

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

5.    Barber, beauty and nail salons;

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

7.    Carpentry and cabinet-making businesses;

8.    Firearms manufacture, sales, or repair;

9.    Furniture refinishing or upholstery;

10.    Gymnastic facilities;

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

12.    Mini storage;

13.    Mortuaries;

14.    Instructional services for more than two students at one time;

15.    Print shops;

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

17.    Repair, fix-it or plumbing shops;

18.    Restaurant;

19.    Retail sales;

20.    Towing service;

21.    Welding, metal working, and machining businesses;

22.    Yoga/spa retreat center;

23.    Businesses that require a commercial cannabis business permit.

F.    Denial and Revocation of Home Occupation Zoning Clearances. A home occupation or cottage food operation approval may be revoked or modified by the Zoning Administrator subsequent to an administrative hearing for violation of any standard of this section. In the event of the revocation of any home occupation approval, or of objection to the limitations placed thereon, appeal may be made in accordance with Section 18.27.150, Appeals. (Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

Large-format retail establishments shall be designed, located, and operated to meet all of the standards and requirements applicable to commercial centers that contain twenty-five thousand square feet of floor area or more and to comply with the following standards:

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

B.    Vacated Facility. If the facility is vacated, the owner or operator, within twelve months, shall submit, to the Planning and Transportation Commission, a plan contemplating the removal or reuse of the facility. If the owner or operator is unable to provide a plan that is

acceptable to the Planning and Transportation Commission, the City may utilize the surety bond to take whatever action is permitted by law to assure appropriate demolition, redevelopment, or reuse of the facility. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

C.    Permits and Licenses. The applicant shall obtain a City of San Carlos zoning clearance/minor architectural review approval and an annual business registration. The applicant shall also obtain approval from the San Mateo County Health Department. In the case of outdoor dining in the public right-of-way, an annual City of San Carlos encroachment permit is required pursuant to Chapter 12.36. As applicable, a current and valid liquor license issued by the California Department of Alcoholic Beverages Control is also required.

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

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

2.    Minimum Clearance. For outdoor dining in the MU-DC zoning district, the outdoor dining area may be located no further than the extent of the brick demarcation line that is closest to the front property line. For all other areas, a minimum of four feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees, tree grates and all similar obstacles shall constitute obstructions within the sidewalk area.

a.    Adjacent to Street. Where the outdoor dining area is located adjacent to a street, an eighteen-inch clearance shall be maintained from the face of the curb to the outdoor dining area unless there is parking parallel to the street, in which case a two-foot clearance is required.

b.    No Obstructions. Minimum width of access opening shall be forty-four inches. No outdoor dining area shall obstruct any points of building ingress and/or egress.

c.    Corner Lots. On a corner lot, the outdoor dining area shall not be located within the area bound by the extensions of the corner building walls between the building and the curb.

d.    Vertical Clearance. Vertical clearance of seven feet shall be maintained.

3.    Design.

a.    No Permanent Attachments. Roofs, awnings or umbrellas may be used in conjunction with an outdoor eating area, although permanent shelters over an outdoor eating area are prohibited. Awnings shall be adequately secured, retractable, and shall comply with the Building Code.

b.    Barriers. The outdoor dining area may be delineated by an edge perpendicular to the sidewalk, but is not required, by the use of barriers such as planter boxes or wrought iron fencing.

c.    Design. The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of commercial grade materials.

i.    Furniture shall be of durable materials such as wrought iron, wood, steel, or cast aluminum. Tables shall be a size suitable for seating of two to four patrons. Plastic chairs and table and vinyl or plastic tablecloths are not permitted.

ii.    Planter boxes shall be of quality materials such as finished wood, precast concrete, terra cotta, or other pottery.

iii.    Umbrellas and awnings shall be solid color canvas. Sun screens shall be a durable fabric and retractable. No generic advertising or signage is permitted.

4.    Operation.

a.    Noise Limits. No entertainment or use, operation, or playing of any musical instrument, loudspeaker, sound amplifier, or other machine for the production or reproduction of sound is permitted in the outdoor dining area.

b.    No Outdoor Cooking or Open Flames. No electrical appliances, heating or cooking of food or open flames shall be allowed in the outdoor dining area. Use of portable heating devices may be permitted with approval from the Fire Marshal.

c.    No Storage. No structure or enclosure to accommodate the serving or clean-up stations, storage of trash or garbage shall be erected or placed on, adjacent to, or separate from an outdoor dining area on the public sidewalk or right-of-way.

d.    Parking. Outdoor dining areas are exempt from the parking requirements of Chapter 18.20, Parking and Loading.

e.    No Overnight Use. All umbrellas, tables, chairs and other portable appurtenances shall be removed from the outdoor dining area at the end of each business day. No storage in the public right-of-way shall be permitted.

5.    Maintenance.

a.    The permittee and the property owner shall maintain the outdoor dining area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.

b.    Activities involving the outdoor dining area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.

c.    If necessary, the permittee or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing stormwater and water quality regulations.

d.    Furniture and appurtenances shall be kept clean and in good condition. Umbrellas shall be kept secure in windy conditions, and fire-treated. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

1.    General Requirements.

a.    Application Information. Applicant shall submit a site plan and description of the proposed outdoor display and sales area. The plan shall be drawn to scale showing the location of buildings and structures. In cases where outdoor sales are proposed for location in the public right-of-way, the site plan shall include the location of street furnishings and trees adjacent to the proposed outdoor display and sales area. The plan shall show locations, number and the arrangement of portable appurtenances proposed. Colors and commercial grade materials shall be specified. In addition to any other application materials required, an application for an outdoor display and sales area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays.

b.    Hours of Operation. Hours of outdoor display and sales shall be limited to the hours of operation of the associated commercial establishment.

c.    Permits and Licenses. The applicant shall obtain a City of San Carlos zoning clearance/minor architectural review approval and an annual business registration. In the case of outdoor display and sales in the public right-of-way, an annual City of San Carlos encroachment permit is required.

2.    Outdoor Retail Sales Standards.

a.    Design.

i.    The design of all improvements, sales racks and furniture shall be of a quality to sustain weather and wear, and shall be of commercial grade materials. Vinyl or plastic tablecloths are not permitted.

ii.    The merchandise in the outdoor display and sales area including but not limited to the display racks, tables and stands shall not exceed a height of six feet and in no case be lower than two feet.

iii.    Display and sales area fixtures and appurtenances shall be stable and secure in all wind and weather conditions. Umbrellas and awnings shall be solid color canvas. Sun screens shall be a fabric and retractable. No generic advertising or signage is permitted.

iv.    The display and sales area shall not exceed twenty-five percent of the width of the frontage of the associated business storefront.

b.    Operation.

i.    Outdoor display and sales conducted by a business shall be located in front of the associated business storefront.

ii.    All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the business conducting the sale. All sale transactions shall be conducted indoors.

iii.    Outdoor display and sales areas are exempt from the parking requirements of Chapter 18.20, Parking and Loading.

iv.    All display and sale merchandise, furniture and fixtures and other portable appurtenances shall be removed from outdoors at the end of each business day. No outside storage shall be permitted.

c.    Maintenance.

i.    The permittee and the property owner shall maintain the outdoor display and sales area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.

ii.    Activities involving the outdoor display and sales area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.

iii.    If necessary, the permittee or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing stormwater and water quality regulations.

iv.    Furniture, fixtures and appurtenances shall be kept clean and in good condition.

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

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

b.    Minimum Clearance. For outdoor retail sales in the MU-DC zoning district, the outdoor retail sales area may be located no further than the extent of the brick demarcation line that is closest to the front property line. For all other areas, a minimum of four feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees, tree grates and all similar obstacles shall constitute obstructions within the sidewalk area.

i.    Where the outdoor display and sales area is located adjacent to a street, an eighteen-inch clearance shall be maintained from the face of the curb to the outdoor retail sales area unless there is parking parallel to the street, in which case a two-foot clearance is required.

ii.    Minimum width of access opening shall be forty-four inches. No outdoor display and sales area shall obstruct any points of building ingress and/or egress.

iii.    On a corner lot, the outdoor display and sales area shall not be located within the area bound by the extensions of the corner building walls between the building and the curb.

iv.    Vertical clearance of seven feet shall be maintained.

C.    Ongoing Outdoor Display/Sales. The ongoing outdoor display of merchandise, except for automobile/vehicle sales and leasing, which is subject to Section 18.23.050, Automobile/vehicle sales and services, requires approval of a conditional use permit in accordance with Chapter 18.30, Use Permits, and shall comply with the following minimum standards:

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

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

3.    Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

B.    Permitted Locations. Table 18.23.160-B states the districts where outdoor storage is permitted and prohibited.

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

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

2.    The proposed surfacing will conform to all applicable Federal and State air and water quality standards. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Hours of Operation. Hours of operation shall be limited to seven a.m. to ten p.m. unless otherwise specified in a zoning clearance, conditional use permit or other permit.

B.    Location. As specified in the base district regulations, with additional provisions specified in this section.

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

1.    Existing personal services uses may continue to occupy their current location but shall not expand greater than twenty-five percent of their floor area as it existed on August 22, 1994.

2.    New personal services uses may move into a location that was previously a personal services use, provided:

a.    That location has not been vacant for more than six months; and

b.    The new business type is the same as the previous business type, i.e., beauty salon for beauty salon, shoe repair for shoe repair, etc.

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

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

1.    Permits and Licenses.

a.    A massage establishment shall be subject to and in conformance with the provisions of Chapter 5.40 et seq.

b.    Prior to establishment of the massage establishment, the applicant shall apply for and receive an annual business registration as set forth in Chapter 5.04.

E.    Repealed by Ord. 1525.

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

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

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

3.    No Persons Under Eighteen. A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen is allowed on site, unless accompanied by his or her parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age. (Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

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

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

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

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

H.    Fencing. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

A.    Reverse Vending Machines.

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

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

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

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

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

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

B.    Recycling Collection Facilities.

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

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

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

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

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

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

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

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

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

C.    Recycling Processing Facility.

1.    Location. Facilities shall not abut a residential district.

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

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

4.    Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

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

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

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

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

D.    No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

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

1.    Provide for accessory dwelling units and junior accessory dwelling units in accordance with the provisions of State law (California Government Code Section 65852 et seq.).

2.    Maintain the character of single-family residential neighborhoods in the City to the greatest extent possible.

3.    In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this chapter shall remain in full force and effect.

B.    Definitions.

1.    Junior Accessory Dwelling Unit. A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling unit (must contain a separate, external entrance). A junior accessory dwelling unit may include separate sanitation facilities (bathroom containing, at minimum, a sink, toilet, and shower) or may share sanitation facilities with the single-family dwelling. An efficiency kitchen is required, which must include a sink and a built-in cooking facility with appliances (e.g., microwave, toaster oven, hot plate), as well as a food preparation counter and storage cabinets.

2.    Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and located on a single lot with a proposed or existing single-unit dwelling. It shall include a separate external entrance and permanent provisions for living, sleeping, eating, cooking, and sanitation (at minimum, a sink, toilet, and shower) on the same parcel as the single-family or multifamily dwelling. At a minimum, the kitchen shall contain a sink, standard refrigerator, and either a built-in cooktop or range, as well as a food preparation counter and storage cabinets.

3.    Statewide Exemption ADU. A Statewide exemption ADU, found in Government Code Section 65852, subdivision (e), is an ADU of up to eight hundred (800) square feet, sixteen (16) feet in height (eighteen (18) feet near transit or when the primary dwelling has more than one (1) story, twenty-five (25) feet or the underlying zoning height limit, whichever is lower, for an attached ADU), as potentially limited by a local agency, and with four (4) foot side and rear yard setbacks. State ADU law requires that no lot coverage, floor area ratio, open space, front setback or minimum lot size will preclude the construction of a Statewide exemption ADU. Further, State ADU law allows the construction of a detached new construction Statewide exemption ADU to be combined on the same lot with a JADU in a single-family residential zone. In addition, ADUs are allowed in any residential or mixed uses regardless of zoning and development standards imposed in an ordinance.

4.    Public Transit. A bus stop or train station where public transportation runs on fixed routes.

C.    Land Use Regulations. Accessory dwelling units shall be a permitted use within an existing single-unit dwelling or multi-unit dwelling, in residential (R) zoning districts, in mixed-use (MU) zoning districts and in any planned development (PD) zoning district where residential uses are permitted or conditionally permitted as part of an approved planned development plan. Junior accessory dwelling units shall be permitted in the single-family (RS) zoning districts within an existing single-unit dwelling, or as part of a proposed new single-unit dwelling. Regardless of any required development standards, a minimum ADU of eight hundred (800) square feet shall be allowed. Any ADU or JADU does not count towards the allowable density for the lot upon which it is located.

D.    Number of Units and Location.

1.    Junior Accessory Dwelling Units, Number and Location.

a.    Where permitted as specified in Table 18.04.020, one (1) junior accessory dwelling unit may be developed on any legally created lot and shall be located within the walls of an existing or proposed single-unit dwelling. Enclosed spaces within the residence, such as attached garages and crawlspaces, are considered part of the existing or proposed single-unit dwelling.

2.    Accessory Dwelling Units, Number and Location.

a.    Multifamily Dwelling Structures, Accessory Dwelling Units Inside an Existing or Proposed Multifamily Dwelling Structure. Up to twenty-five percent (25%) of the number of existing or proposed multifamily units in the building, but at least one (1) accessory dwelling unit, shall be allowed in existing or proposed multifamily dwelling structures within the portions of the structure that are not used as livable space; provided, that the unit complies with the California Building Standards Code as set forth in Title 15 for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamily structure.

b.    Multifamily Dwelling Structures, Detached Accessory Dwelling Units. Up to two (2) detached accessory dwelling units on a lot with an existing or proposed multifamily dwelling structure.

c.    Single-Family Residential Lots or Dwellings. One (1) accessory dwelling unit is permitted per residential lot containing an existing or proposed single-unit dwelling. An accessory dwelling unit may be allowed in conjunction with a junior accessory dwelling unit when the requirements of subsection F of this section, Development Standards, are met. Where permitted, an accessory dwelling unit may be located in any of the following places on a legally created lot:

i.    Attached to an existing or proposed single-unit dwelling;

ii.    Located within the walls of the existing or proposed single-unit dwelling, including all or a portion of an attached garage;

iii.    Located within or added onto an existing accessory structure;

iv.    Located over or below a legally established detached garage;

v.    Detached from the existing or proposed single-unit dwelling or multifamily structure, but located on the same lot as the existing or proposed single-unit dwelling or multifamily structure.

E.    Rental and Ownership Standards.

1.    Junior Accessory Dwelling Units.

a.    Junior accessory dwelling units shall not be sold separately from the primary residence.

b.    Junior accessory dwelling units may be rented independently of the primary residence.

c.    Junior accessory dwelling units shall not be rented for fewer than thirty (30) consecutive calendar days.

d.    Where a lot contains both an accessory dwelling unit and a junior accessory dwelling unit, either the single-unit dwelling or the junior accessory dwelling unit shall be owner-occupied.

2.    Accessory Dwelling Units.

a.    Accessory dwelling units shall not be sold separately from the primary residence, unless permitted by State law.

b.    Accessory dwelling units may be rented independently of the primary residence.

c.    Accessory dwelling units shall not be rented for fewer than thirty (30) consecutive calendar days.

d.    For applications received prior to January 1, 2025, there is no owner-occupancy requirement for accessory dwelling units.

F.    Development Standards.

1.    Junior accessory dwelling units and accessory dwelling units shall conform to the height, setbacks, lot coverage, and any other development or supplemental standards of any applicable zoning district(s), the development standards below, other requirements of the Zoning Ordinance, and other applicable City codes. In any case of conflict between this section and any other part of the San Carlos Municipal Code, the standards specific to this section shall take precedence.

2.    Building Code Requirements. Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building code requirements and applicable State laws regarding ADUs and JADUs.

3.    Junior Accessory Dwelling Units (JADUs).

a.    Interior Requirements. Junior accessory dwelling units shall contain at least an efficiency kitchen equipped with a sink, a built-in cooking facility with appliances (e.g., microwave, toaster oven, hot plate) as well as a food preparation counter and storage cabinets.

b.    Size Requirements. A junior accessory dwelling unit shall be no larger than five hundred (500) square feet in size; and no junior accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

c.    Bathroom Access. A junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-unit dwelling and shall provide a direct entry from the JADU to the main unit.

d.    Entrances. A junior accessory dwelling unit shall have a separate external entrance from the primary dwelling unit. The entrance of a junior accessory dwelling unit shall not be located along any street-facing facade unless required to meet minimum ingress and egress requirements to the unit.

e.    Setbacks. The single-family unit first floor side and rear setbacks may be reduced to no less than four (4) feet to accommodate access to a ground floor junior accessory dwelling unit, or an exterior stair and landing that provide required access to the unit if it is located on the second story.

f.    Architectural Compatibility. Junior accessory dwelling units shall satisfy applicable objective design criteria and conform to any applicable objective design guidelines of the underlying zoning district.

g.    Balconies and Openings. Balconies, decks, and open stair landings above the first floor shall not face the side property lines, except stair or entrance landings as needed to meet minimum requirements to allow ingress and egress.

h.    Nonconformities. Junior accessory dwelling units must be allowed within a single-unit dwelling, including nonconforming single-unit dwellings. A permit to construct a junior accessory dwelling unit in a nonconforming single-unit dwelling shall not require nonconforming conditions to be corrected, unless otherwise required for health and safety.

4.    Accessory Dwelling Units (ADUs).

a.    Interior Requirements. An accessory dwelling unit shall include a separate external entrance and permanent provisions for living, sleeping, eating, cooking, and sanitation (at minimum, a sink, toilet, and shower) on the same parcel as the single-family or multifamily dwelling. At a minimum, the kitchen shall contain a sink, standard refrigerator (minimum twenty (20) inch width, minimum twenty (20) inch depth, and minimum fifty (50) inch height or eleven (11) cubic feet), and either a built-in cooktop or range, as well as a food preparation counter and storage cabinets.

b.    Limits on Lot Coverage, Maximum Floor Area (MFA), Front Setbacks, and Natural State. Accessory dwelling units shall comply with lot coverage requirements, MFA, required front setbacks of the underlying zoning district, and natural state and open space requirements when applicable, as well as other applicable development standards, except that: a maximum of eight hundred (800) square feet of ADU floor area is exempt from the MFA requirement that applies to the RS-6 zoning district; and unless classified as a Statewide exemption ADU per subsection (F)(4)(c) of this section.

c.    Statewide Exemption ADU. Notwithstanding the development standards set forth in subsection (F)(4)(b) of this section, if there is no alternative to constructing an accessory dwelling unit in accordance with the development standards listed in subsection (F)(4)(b) of this section, one (1) or more of these development standards may be waived only to the extent necessary to allow a Statewide exemption ADU of up to eight hundred (800) square feet with a maximum of sixteen (16) feet in height (except as specified in subsection (F)(4)(i) of this section), with minimum four (4) foot side and four (4) foot rear yard setbacks. The front setback requirement may be reduced to the extent necessary so as not to preclude a Statewide exemption ADU and must not unduly constrain the creation of all types of accessory dwelling units.

The proposal must meet all other objective development standards. The applicant must also demonstrate that an accessory dwelling unit cannot be constructed in accordance with applicable development standards.

d.    Entrances. An accessory dwelling unit shall have a separate external entrance from the single-unit dwelling.

e.    Setbacks. Except as indicated in this section, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

i.    Detached ADUs. Detached accessory dwelling units must be set back a minimum of four (4) feet from rear and four (4) feet from the side property lines. Accessory dwelling units that are not classified as statewide exemption ADUs must meet the required front setback unless located within a legal, nonconforming structure.

ii.    Conversions of Existing Living Area or Accessory Structures. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure.

iii.    Attached Accessory Dwelling Units. There is no minimum requirement for setbacks between an accessory dwelling unit and the primary dwelling; however, all proposals shall meet any applicable building and fire requirements. Newly constructed attached ADUs shall meet minimum four (4) feet side and four (4) feet rear setbacks on the first floor. Newly constructed ADUs on the second floor shall conform to the required setbacks of the underlying zoning district, unless classified as a statewide exemption ADU. Newly constructed ADUs shall meet the required front setback for the main residence, unless classified as a Statewide exemption ADU. On reversed corner lots (as defined in Section 18.41.020), the rear setback for an attached ADU located on the second floor shall be a minimum of five (5) feet, unless classified as a Statewide exemption ADU.

f.    Maximum Size. The floor area of an accessory dwelling unit shall be limited to the maximum allowable floor area permissible on the lot based on the underlying zoning district requirements, except that: conversions of garages, sheds, barns, and other existing accessory structures, either attached or detached from a single-unit dwelling, are not subject to any additional development standard, such as unit size, height, and lot coverage requirements. If there is an existing primary dwelling, the total floor area of an attached or detached accessory dwelling unit shall not exceed fifty percent (50%) of the existing primary dwelling, unless classified as a Statewide exemption ADU. If the accessory dwelling unit does not meet all development standards of the applicable zoning district, the maximum floor area permitted is eight hundred (800) square feet, subject to the provisions of subsection (F)(4)(c) of this section. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to Health and Safety Code Section 17958.1.

g.    Architectural Compatibility. Accessory dwelling units shall conform to any applicable objective design guidelines of the underlying zoning district. If there is no alternative to constructing an accessory dwelling unit in accordance with the objective design standards of the underlying zoning district or development standards listed in subsection (F)(4)(b) of this section, one (1) or more of these development standards and/or objective standards may be waived only to the extent necessary to allow a Statewide exemption ADU. The applicant must also demonstrate that an accessory dwelling unit or a junior accessory dwelling unit cannot be constructed in accordance with applicable development or objective standards.

h.    Balconies and Openings. Balconies, decks or open stair landings above the first floor and within ten (10) feet of a side or rear property line shall not be permitted, except as needed to meet minimum requirements to allow ingress and egress, but in no case shall be less than three (3) feet from the property line.

Windows above the first floor and within five (5) feet of the property line shall have obscured glass or have sills that are at least five (5) feet high.

i.    Maximum Height. An attached accessory dwelling unit shall not exceed twenty-five (25) feet. A detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit shall be no greater than eighteen (18) feet in height. An additional two (2) feet in height shall be permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary single-unit dwelling. Heights shall be measured in accordance with Section 18.03.050 (Measuring height).

j.    Accessory dwelling units developed within an existing accessory structure on a lot with a single-unit dwelling may include an expansion of up to one hundred fifty (150) square feet beyond the existing physical structure of the accessory structure only to accommodate ingress and egress if the side and rear setbacks are sufficient for safety. Any other additions to an existing accessory structure shall comply with all other standards in effect including but not limited to setbacks, height, and lot coverage.

k.    Passageway. No passageway, as defined in California Government Code Section 65852.2, shall be required in conjunction with the construction of an ADU or JADU.

5.    Additional Development Standards for Accessory Dwelling Units Located Above or Below Detached Garages. In addition to the standards specified in subsections (F)(4)(a) through (i) of this section, accessory dwelling units that are located over or below detached garages are subject to the following additional requirements:

a.    The accessory dwelling unit must meet the minimum required front setback of the zoning district in which the lot is located, unless it meets the criteria of a statewide exemption ADU. See Section 18.04.030(H) for requirements to locate a detached garage in the front half of a single-family-zoned lot.

b.    Balconies and decks shall not face rear and side property lines except as needed to meet minimum requirements to allow ingress and egress.

c.    The maximum height of the structure shall be twenty (20) feet as measured in accordance with Section 18.03.050 (Measuring height).

d.    Stairs or access to the accessory dwelling unit shall not encroach into any required parking area. Stairs may encroach into the parking area of a garage; provided, that the front end of a standard size automobile can fit under the stair projection. The bottom of the stairwell (including exterior finish) shall be a minimum of five (5) feet above the garage floor.

G.    Parking. Parking for a junior accessory dwelling unit and an accessory dwelling unit shall be provided in compliance with the following standards:

1.    Except as provided in subsection (G)(3) of this section, one (1) parking space shall be provided per accessory dwelling unit. Accessory dwelling unit parking requirements are in addition to the parking required for the single-unit dwelling as provided in Chapter 18.20.

2.    Parking spaces may be provided as tandem parking on a driveway or in setback areas. No parking may extend into a public sidewalk or right-of-way that would require walking into the street. A minimum of eight and one-half (8 1/2) feet in width and eighteen (18) feet in depth is required for any uncovered parking space.

3.    No parking shall be required for an accessory dwelling unit if any of the following apply:

a.    The accessory dwelling unit is contained within an existing single-unit dwelling, multi-unit dwelling, or accessory structure, or proposed single-unit dwelling or multi-unit dwelling.

b.    The accessory dwelling unit is located within one-half (1/2) mile walking distance of public transit.

c.    The accessory dwelling unit is located within an architecturally and historically significant district.

d.    Where on-street parking permits are required but not offered to the occupants of the accessory dwelling unit.

e.    When a designated parking area for one (1) or more car-share vehicles is located within one (1) block of the accessory dwelling unit.

f.    When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the parking spaces for the primary residence need not be replaced.

4.    Junior accessory dwelling units shall not be required to provide for any additional parking, except that any parking displaced by their construction, including full or partial conversion of an existing garage, shall be replaced.

H.    Utilities and Impact Fees.

1.    No junior accessory dwelling unit or accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

2.    Except as provided in subsection (H)(3) of this section, an accessory dwelling unit may be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the accessory dwelling unit.

3.    The following accessory dwelling units shall be exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges:

a.    Junior accessory dwelling units.

b.    Standard accessory dwelling units converted from interior space unless the unit is constructed within a new single-unit dwelling.

4.    All utility extensions shall be placed underground if required for the single-unit dwelling pursuant to Section 18.15.120(A).

5.    Impact Fees.

a.    No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet in size. For purposes of this section, “impact fees” includes the fees specified in Government Code Sections 66000 and 66477, but does not include utility connection fees or capacity charges.

b.    For accessory dwelling units that have a floor area of seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the square footage of the single-unit dwelling.

I.    Delay of Enforcement of Building Standards.

1.    Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before November 25, 2020, may submit an application to the Building Official requesting that correction of any violation of building standards be delayed for five (5) years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of California Health and Safety Code Section 17960.

2.    The Building Official shall grant the application if the Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Community Development Director shall consult with the Fire Marshal and Building Official.

3.    No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved by the City of San Carlos before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.

4.    Until January 1, 2030, any notice to correct a violation of building standards that is issued to the owner of an accessory dwelling unit built before November 25, 2020, shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

5.    This section shall remain in effect until January 1, 2035, and as of that date is repealed. (Ord. 1615 § 4 (Exh. A), 2024; Ord. 1604 § 4 (Exh. A), 2023; Ord. 1584 § 4 (Exh. A), 2022) (Ord. 1584 § 4 (Exh. A), 2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.    Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

4.    Staffing and Services. Information regarding all support services, such as job referral and social programs; and

5.    Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

All social service facilities shall be located, developed, and operated in compliance with the following standards:

A.    Adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers;

B.    Sufficient patron seating facilities for dining, whether indoor or outdoor;

C.    Effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas;

D.    A plan of operation, including but not limited to patron access requirements, hours of operation, control of congregate activity, security measures, litter control, and noise attenuation; and

E.    Evidence of compliance with all building and fire safety regulations and any other measures necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area. (Ord. 1438 § 4 (Exh. A (part)), 2011)

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A.    Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a temporary use permit. Other permits, such as building permits, may be required.

1.    Garage Sales. Garage sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards:

a.    A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three sales per year limitation set forth in subsection (A)(1)(b) of this section.

b.    No more than three garage sales shall be conducted on a site in any calendar year; however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the Director.

c.    No single sale event shall be conducted for longer than three consecutive days.

d.    Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

e.    Garage sales shall be conducted between the hours of nine a.m. and six p.m.

f.    Property offered for sale at a garage sale may be displayed only within the perimeters of the residence, the driveway, or the rear yard of the property on which the garage sale is being conducted.

g.    A maximum of four off-site directional signs, not to exceed eighteen inches by twenty-four inches, shall be permitted. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or in the public right-of-way.

h.    The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under this title, shall be prohibited.

2.    Nonprofit Fund Raising. Fund raising sales for up to three days per event are permitted on a site by a nonprofit organization, not to be conducted more frequently than three times per year per site.

3.    Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the Director.

4.    Tents. Tents are defined as a structure, enclosure, or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the content it protects and are allowed as a temporary use, and are allowed to be erected consistent with the time limits set forth for temporary uses defined in this section and shall be subject to the same criteria listed under Section 18.15.020, Accessory buildings and structures.

B.    Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 18.31, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

1.    Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards:

a.    Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

b.    Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

2.    Special Events and Sales. Other short-term special events, outdoor sales, and displays that do not exceed three consecutive days may be permitted in accordance with the following standards:

a.    Location. Events are limited to nonresidential districts.

b.    Number of Events. No more than four events at one site shall be allowed within any twelve-month period.

c.    Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four square feet in area, subject to Chapter 18.22, Signs.

d.    Existing Parking. The available parking shall not be reduced to less than seventy-five percent of the minimum number of spaces required by Chapter 18.20, Parking and Loading.

e.    Recreational Special Events. Short-term recreational special events shall be part of an existing commercial recreation or personal service use located on the same site.

f.    Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:

i.    Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on land owned by a school.

ii.    Time Limit. When located adjacent to a residential district, the hours of operation shall be limited to eight a.m. to nine p.m.

3.    Temporary Outdoor Sales. Temporary outdoor sales, including, but not limited to, grand opening events and other special sales events, are also subject to the following standards:

a.    Temporary outdoor sales shall be part of an existing business on the same site.

b.    Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

c.    Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

C.    Temporary Uses Requiring a Minor Use Permit. Other special events, outdoor sales, and displays that exceed three consecutive days but not more than one month may be allowed with the approval of a minor use permit so long as they are not intended to extend longer than one month and they are determined to not impact neighboring uses or otherwise create significant impacts. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Formula business uses shall be located, developed and operated in compliance with the following standards:

A.    Applicability. This section applies to the ground floor only of properties with frontage on the 600, 700 and 800 blocks of Laurel Street. Primary uses, accessory uses, and incidental uses are included.

B.    Concurrent Processing. When a formula business use requires a conditional use permit, sign permit, design review, or any other discretionary approval, the applications shall be submitted and reviewed concurrently.

C.    Permit Requirements. All new formula business uses, existing formula business uses that desire to relocate to a new tenant space, and formula business uses that expand by ten percent or more of floor area shall require a conditional use permit from the Planning and Transportation Commission.

1.    Necessary Findings. Prior to approving an application for a conditional use permit for a formula business use, the Planning and Transportation Commission must make all of the findings for a use permit application found in Section 18.30.060 and the following additional findings:

a.    The design of the proposed use does not detract from the City’s unique, small-town character and architecture; and

b.    The use will enhance the economic health of the downtown core area. In considering this finding, the decision-maker may consider economic factors such as vacancies and unmet needs; and

c.    The use will contribute to a mixture of independent businesses and formula businesses in the downtown core area.

2.    To evaluate a proposed project’s compliance with the above findings, the Director may require submittal of additional studies that substantiate the basis for granting the use permit.

D.    Design Standards. When evaluating the design review and sign permit applications for an existing formula business use or proposed formula business use subject to subsection C of this section, the decision-maker shall consider the design criteria found at Chapter 18.29 and sign regulations found at Chapter 18.22. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1518 § 3 (Exh. B), 2017)

A.    Applicability. This section applies to businesses that require a commercial cannabis business permit per Chapter 8.09, Regulation of Commercial Cannabis Activities—Permit Required.

B.    Permit Requirements.

1.    All new commercial cannabis business uses, existing commercial cannabis business uses that desire to relocate to a new tenant space, and commercial cannabis business uses that expand by ten percent or more of floor area shall require a zoning clearance, pursuant to the provisions of Chapter 18.28, Zoning Clearance, or, if required, a minor use permit, pursuant to the provisions of Chapter 18.30, Use Permits.

2.    Any zoning clearance or minor use permit application for a commercial cannabis business use must specify the State cannabis license type under which the business will operate.

3.    A commercial cannabis business shall be subject to and in conformance with the provisions of Chapter 8.09 et seq.

C.    Operational and Performance Standards. Commercial cannabis businesses must be located and operated in compliance with the following standards:

1.    Buffers.

a.    A commercial cannabis business shall provide a minimum six-hundred-foot buffer from R zoning districts.

b.    A commercial cannabis business shall provide a minimum six-hundred-foot buffer from a school, day care center, or youth center as defined in Section 11353.1 of the State of California Health and Safety Code.

2.    Cultivation.

a.    Commercial cannabis cultivation shall only occur as a nursery or a component of a microbusiness.

b.    All commercial cannabis cultivation shall occur indoors.

c.    Commercial cannabis cultivation shall not be visible from any public right-of-way.

d.    Cultivation may rely on artificial lighting or mixed light, which is a combination of natural and supplemental artificial lighting.

3.    Building and Site Modifications. No physical modification of a building or site used for an existing or new commercial cannabis business is allowed without written prior permission by the City and payment of any required fees.

4.    Parking. Commercial cannabis uses shall comply with the parking requirements of the relevant use classifications set forth in Chapter 18.20, Parking and Loading.

5.    Signage. Signage for commercial cannabis uses shall comply with Chapter 18.22, Signs. No commercial cannabis business use may be considered exempt under Section 18.22.070, Signs exempt from the sign permit requirement.

6.    Noise. Use of air conditioning and ventilation equipment shall comply with Chapter 9.30, Noise Control. The use of generators is prohibited, except as short-term temporary emergency back-up systems.

7.    Screening. All outdoor equipment shall comply with the screening requirements in Section 18.15.090, Screening.

8.    Consumption. There shall be no on-site consumption of cannabis or cannabis products.

9.    No Persons Under Twenty-One. A sign shall be posted on the door or in view of the entrance stating that no person under the age of twenty-one is allowed on site, unless accompanied by his or her parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age. (Ord. 1525 § 2(1) (Exh. A (part)), 2017)

A.    Applicability. This section applies to the cultivation of up to six cannabis plants for personal use in compliance with all applicable local regulations and the Compassionate Use Act, the Medical Marijuana Program Act, SB 94 (Cannabis: medicinal and adult use), Proposition 64, and the California Health and Safety Code.

B.    Permit Requirements. Personal cannabis cultivation is permitted in all zoning districts; no permit is required.

C.    Operational Standards.

1.    Personal cannabis cultivation shall not be visible from any public right-of-way. (Ord. 1525 § 2(1) (Exh. A (part)), 2017)

A.    Purpose. The purpose of this section is to provide for the appropriate location of any person, corporation, partnership or other entity engaging in the business of selling, leasing, or otherwise transferring any firearm or ammunition through the permitting process.

B.    Applicability. This section applies to all businesses that sell ammunition or firearms. A retail establishment that sells ammunition or firearms will be considered new for purposes of this section if the establishment, having obtained all required permits, opens for business after the effective date of the ordinance codified in this section.

C.    Permit Requirements. All new businesses selling ammunition or firearms shall obtain a use permit pursuant to the provisions of Chapter 18.30, Use Permits.

D.    Operational and Performance Standards. Retail establishments selling ammunition or firearms must be located and operated in compliance with the following standards:

1.    Shall be located only in the area shown in Figure 18.23.290(E), Firearm Establishment Business Area, and in compliance with the following minimum distances:

a.    A minimum one thousand feet distance from residential zoning districts.

b.    A minimum one thousand feet distance from a school, day care center, youth center, community center, places of worship, or parks as defined in Section 11353.1 of the State of California Health and Safety Code and Commercial Entertainment and Recreation uses listed in Section 18.40.040(G).

c.    One thousand feet of distance from another retail establishment selling ammunition or firearms.

d.    The distance requirements described in subsections (D)(1)(a) through (c) of this section shall be calculated based on uses in operation on March 11, 2019, and based on uses in operation on the date any use permit may be granted.

2.    Law Enforcement Permit. The applicant shall have secured a law enforcement permit as outlined in Chapter 5.13 from the San Mateo County Sheriff’s Department prior to submitting an application for a conditional use permit.

a.    Conditions. An approved use permit is not effective until the applicant satisfies the following terms and conditions:

i.    Possession of a valid law enforcement permit if required under Chapter 5.13;

ii.    Possession of all licenses and permits required by Federal, State and local law; and

iii.    Compliance with the requirements of the City’s building code, fire code and other technical codes and regulations which govern the use, occupancy, maintenance, construction or design of the building or structure. The use permit shall require that the applicant obtain a final inspection from the City building official demonstrating code compliance before the applicant may begin business at the premises at issue.

FIGURE 18.23.290(E): FIREARM ESTABLISHMENT BUSINESS AREA

(Ord. 1540 (Exh. E (part)), 2019)

A.    Purpose. The purpose of this section is to provide for the appropriate location of any person, corporation, partnership or other entity engaging in operating an indoor shooting range through the permitting process.

B.    Applicability. This section applies to businesses that include an indoor shooting range on site.

C.    Permit Requirements. All new businesses operating a shooting range shall obtain a use permit pursuant to the provisions of Chapter 18.30, Use Permits. A shooting range will be considered new for purposes of this section if, after all required permits are obtained, the range opens for business after the effective date of the ordinance codified in this section.

D.    Operational and Performance Standards. Indoor shooting ranges must be located and operated in compliance with the following standards:

1.    Shall be located only in the area shown in Figure 18.23.290(E), Firearm Establishment Business Area, and in compliance with the following minimum distances:

a.    A minimum one thousand feet distance from residential zoning districts.

b.    A minimum one thousand feet distance from a school, day care center, youth center, community center, places of worship, or parks as defined in Section 11353.1 of the State of California Health and Safety Code and commercial entertainment and recreation uses listed in Section 18.40.040(G).

c.    One thousand feet of distance from a retail establishment selling ammunition or firearms and one thousand feet of distance from another indoor shooting range.

d.    The distance requirements described in subsections (D)(1)(a) through (c) of this section shall be calculated based on uses in operation on March 11, 2019, and based on uses in operation on the date any use permit may be granted.

2.    Conditions. An approved use permit is not effective until the applicant satisfies the following terms and conditions:

a.    Possession of a valid law enforcement permit if required under Chapter 5.13;

b.    Possession of a valid law enforcement permit as required under Chapter 5.14;

c.    Possession of all licenses and permits required by Federal, State and local law;

d.    Compliance with the requirements of the City’s building code, fire code and other technical codes and regulations which govern the use, occupancy, maintenance, construction or design of the building or structure. The use permit shall require that the applicant obtain a final inspection from the City building official demonstrating code compliance before the applicant may begin business at the premises at issue; and

e.    Provides a plan to the satisfaction of the Building Official and Police Chief demonstrating solid construction of exterior walls and roof elements to ensure projectiles cannot exit the building. (Ord. 1540 (Exh. E (part)), 2019)

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

1.    Establish regulations and objective standards to govern the development of qualified Senate Bill 9 subdivisions and development projects on RS-3 (single-family, low density) and RS-6 (single-family) properties within San Carlos.

2.    Maintain the character of single-family residential neighborhoods in the City to the greatest extent possible.

3.    In cases of conflict between this chapter and any other provision of this title, the provisions of this chapter shall prevail. To the extent that any provision of this chapter is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this chapter shall remain in full force and effect.

B.    Urban Infill Subdivision.

1.    Eligibility for Subdivision. The following parcels are not eligible for a subdivision or development under this section:

a.    Any parcel that was established through a prior exercise of a subdivision as provided for in this section.

b.    Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided that adjacent parcel using the provisions in this article. For the purposes of this section, “any person acting in concert” with the owners includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the property owner.

c.    Any parcel located within an historic district or included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a parcel within a site that is designated or listed as a City of San Carlos or San Mateo County landmark or historic property or district pursuant to a City of San Carlos or San Mateo County ordinance.

d.    Any parcel where the subdivision or the proposed housing development would require the demolition or alteration of any of the following types of housing:

i.    Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

ii.    Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

iii.    A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

iv.    Housing that has been occupied by a tenant in the last three (3) years.

e.    Any parcel locations under Government Code Sections 65913.4(a)(6)(B) through (K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under State law.

f.    Any parcel where the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2.    Objective Standards and Requirements for an Urban Infill Subdivision. The following objective standards and regulations apply to all subdivisions under this article. All applicable objective standards and requirements within Title 17 shall apply in addition to the objective standards and requirements under the provisions of this section:

a.    A parcel map and an application for subdivision application shall be submitted to the City for all proposed subdivisions.

b.    The subdivision shall create no more than two (2) new parcels of approximately equal area; provided, that one (1) parcel shall not be smaller than forty percent (40%) of the lot area of the original parcel proposed for subdivision. In no instance shall any resulting parcel be smaller than one thousand two hundred (1,200) square feet in area.

c.    Existing corner parcels shall be split approximately perpendicular to the longest contiguous property line.

d.    Flag lots are not allowed.

e.    No setbacks shall be required for an existing dwelling structure on the parcel from a proposed property line.

f.    All new urban infill units shall comply with San Carlos Municipal Code, adopted California Building Code, and California Fire Code.

g.    Subdivisions under this section are subject to all development and impact fees related to the creation of a new parcel.

h.    Development projects pursuant to this section shall be subject to all impact or development fees.

i.    No dedications of rights-of-way or the construction of off-site improvements for the parcels being created pursuant to this section shall be required as a condition of approval.

j.    A note on the parcel map and a recorded deed restriction in a form approved by the City Attorney shall be applied to all newly created parcels indicating that the parcel was split using the provision of this section and that no further subdivision of the parcels is permitted.

k.    Prior to the recordation of the parcel map, the applicant shall sign and record an affidavit stating that the applicant intends to reside in one (1) of the proposed or existing primary dwelling units or urban infill units for three (3) years from the date of the approval of the subdivision. This requirement shall not apply if the applicant is a community land trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the Revenue and Taxation Code.

C.    Urban Infill Unit Development Projects. The following objective standards and regulations apply to all development on a parcel under the provisions of this section. In addition, all applicable objective standards within this title shall apply in addition to the objective standards under the provisions of this section:

1.    Dwelling units on a parcel subdivided pursuant to this section.

a.    A maximum of two (2) units shall be allowed per subdivided parcel.

b.    The following development is permitted on the parcel:

i.    An existing primary dwelling unit and an urban infill unit; or

ii.    Two (2) urban infill units;

iii.    A primary dwelling unit and ADU or JADU;

iv.    If there is an existing primary dwelling unit and ADU or JADU on the property, then no further development is permitted for that property.

c.    If the parcel is fully developed with the number of units, floor area, or lot coverage permitted under this section, the applicant or property owner shall record a deed restriction in a form approved by the City Attorney stipulating that no further development of the parcel is permitted.

d.    If the proposed dwelling units are developed subsequent to a subdivision completed pursuant to this section, the owner shall sign and record an affidavit placing a covenant that will run with the parcel to confirm that the owner intends to reside in either the primary dwelling unit or an SB 9 unit on the parcel for three (3) years from the issuance of an SB 9 dwelling unit’s certificate of occupancy and closing of all construction permits pertaining to the parcel.

e.    Floor Area. The combined maximum floor area for all units shall be subject to the underlying zoning district, unless otherwise exempted under this title or State law. The floor area of the rear-most unit shall be no greater than eight hundred (800) square feet.

2.    Dwelling Units on a Parcel Not Proposed for Subdivision.

a.    The maximum of four (4) units are allowed per lot.

b.    The following development is permitted on the parcel:

i.    a primary dwelling unit and an urban infill unit;

ii.    Two (2) urban infill units;

iii.    A primary dwelling unit and an ADU; and

iv.    A primary dwelling unit and a JADU.

c.    Floor Area. The combined maximum floor area for all units shall be subject to the underlying zoning district, unless otherwise exempted under this title or State law. If maximum floor area and/or maximum lot coverage are reached prior to the creation of an urban infill unit, eight hundred (800) square feet of additional floor area and lot coverage are permitted for an SB 9 unit that is not the primary dwelling.

3.    Objective Standards Requirements for All Urban Infill Units.

a.    Grading shall not exceed nine hundred ninety-nine (999) cubic yards.

b.    Parking. One (1) uncovered parking space is required per urban infill unit. The parking space shall be at least ten (10) feet wide by twenty (20) feet deep and shall be contained entirely on the private property. No parking is required when the parcel is located within one-half (1/2) mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one (1) block of the parcel. The uses shall be limited to those permitted in the underlying zoning district.

c.    Setbacks. The minimum front setback for any new primary dwelling unit or SB 9 dwelling unit shall adhere to the underlying zoning district and be a minimum of four (4) feet from the interior side and rear property lines. No setback is required for a new SB 9 dwelling unit constructed in the same location as an existing structure on the parcel.

d.    Floor Area. The combined maximum floor area for all units shall be subject to the underlying zoning district, unless otherwise exempted under this title or State law. If maximum floor area and/or maximum lot coverage are reached prior to the creation of an urban infill unit, eight hundred (800) square feet of additional floor area and lot coverage are permitted for an SB 9 unit that is not the primary dwelling.

e.    Height. The maximum height of all new urban infill units (attached or detached) shall be sixteen (16) feet. If there is an existing primary dwelling on the parcel, the maximum height per the underlying zoning district of the existing residence cannot be increased. Basements are permitted. The maximum height of urban infill units within Hillside Overlay Districts shall be twenty (20) feet.

f.    All outdoor patios, covered patios, decks, and other hardscape shall meet the City’s requirements with regard to lot coverage, setbacks, natural state, height, etc.

g.    All new urban infill units shall comply with San Carlos Municipal Code and adopted California Building Code.

h.    Fire access to all new units shall be compliant with the Redwood City—San Carlos Fire Department standard specifications and the California Fire Code.

i.    No dwelling unit shall be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit.

j.    An SB 9 unit may be rented separately from the primary dwelling unit.

k.    If the two (2) urban infill units are configured as a duplex on a parcel, a deed restriction in a form approved by the City Attorney shall be recorded stipulating that the duplex shall be maintained as two (2) separate units.

l.    Feasibility of Urban Infill Units. If it is not feasible to comply with all applicable objective design standards when constructing up to two (2) eight hundred (800) square foot residential units on a property, the applicant shall provide all necessary information requested by the City (e.g., a topographic survey, etc.) to demonstrate that it is infeasible to construct one (1) or both of the two (2) eight hundred (800) square foot residential units while complying with all applicable objective design standards for review by the City. On review of the complete feasibility study, the Planning Director shall determine which of these objective design standards may be reduced and/or waived to allow for up to two (2) residential units that are no more than eight hundred (800) square feet and evaluate feasible locations for the residential unit(s) to find the location(s) that create the fewest impacts to environmentally sensitive areas such as hillside districts, stream overlays, etc.

m.    All additional applicable objective standards within this title regarding landscaping, lighting, trash enclosures, utilities, equipment, screening, and fencing apply.

n.    If attached, two (2) urban infill units are required to comply with objective design standards for duplexes.

o.    All other units under this section shall comply with single-family objective design standards.

D.    Permit Review Process and Fees.

1.    All applications for lot splits and new development using this section shall be ministerially approved without public hearings or discretionary review.

2.    Development projects pursuant to this section shall be subject to all impact or development fees related to the development of a new dwelling unit.

3.    The City Council may establish and set by resolution all fees and charges, consistent with Government Code Sections 65852.2 and 65852.22, and related provisions, as may be necessary to effectuate the purpose of this section. (Ord. 1603 § 3 (Exh. A), 2023)

A.    The purpose of this chapter is to establish comprehensive requirements and standards for the development, siting, installation, and operation of wireless communications antennas and related facilities. These regulations are intended to protect and promote public safety, community welfare, and the aesthetic quality of the City, consistent with the goals, objectives, and policies of the General Plan, while providing for managed development of wireless communications infrastructure in compliance with the Federal Telecommunications Act of 1996 and related requirements in Federal and State law.

B.    The specific objectives of this chapter are to:

1.    Maintain an aesthetically pleasing community environment by ensuring that antenna support structures and associated communications equipment will not create excessive visual clutter, unreasonably block or degrade views, or diminish the architectural character of buildings and neighborhoods;

2.    Protect the safety and welfare of persons who live and work in the City by regulating the erection and maintenance of commercial and private satellite dishes and large antenna support structures to reduce the potential property damage or personal injury that these items may cause during weather incidents and periods of high-velocity wind;

3.    Discourage the location of antennas and related facilities for cellular and mobile phones and personal communication systems in residential zoning districts because they are a commercial use that is usually separate from and rarely accessory to the primary use of residential property, unless the City is required to permit them in such locations to avoid violating State or Federal law and the facilities are designed to minimize degradation of the residential character of the neighborhood;

4.    Minimize the number of antenna structures in the City by promoting collocation and encouraging small cell facilities as a less intrusive alternative;

5.    Establish a review and approval process that provides greater certainty to both applicants and the public and improves the ability of wireless communications providers to offer services quickly, effectively, and efficiently, while ensuring compliance with all applicable requirements;

6.    Support the provision of wireless communications to maintain and enhance personal and public health and safety, provide for economic growth, and promote the general welfare and convenience of persons living, working, and visiting in the City;

7.    Establish and maintain telecommunications facilities that are components of a wireless telecommunications infrastructure designed to enhance the City’s emergency response capacity; and

8.    Require wireless communications providers to use the best available design and technology to mitigate adverse impacts caused by antennas, support structures, and associated equipment.

C.    It is not the purpose or intent of this chapter to:

1.    Prohibit or to have the effect of prohibiting wireless communications services; or

2.    Unreasonably discriminate among providers of functionally equivalent wireless communications services; or

3.    Regulate the placement, construction or modification of WCFs on the basis of the environmental effects of radio frequency (“RF”) emissions where it is demonstrated that the WCF does or will comply with the applicable FCC regulations; or

4.    Prohibit or effectively prohibit collocations or modifications that the City must approve under State or Federal law. (Ord. 1539 (Exh. A (part)), 2019)

The provisions in this chapter shall apply to all permit applications to install, operate, or modify a WCF, including, without limitation, applications to collocate, modify, replace, or remove any new or existing wireless tower or base station within the City. Nothing in this chapter is intended to allow the City to preempt any State or Federal law or regulation applicable to a WCF. This chapter does not apply to WCFs owned by or exclusively operated for government agencies.

WCFs installed or operated at the direction of the City for the sole use of the City, regardless of where located in the City, shall be exempt from this chapter, but as a matter of policy shall be designed and located consistent with the design requirements of this chapter.

The provisions of this chapter are in addition to, and do not replace, any obligations a WCF permit holder may have under any franchises, licenses, or other permits issued by the City. (Ord. 1539 (Exh. A (part)), 2019)

Receive-only radio or television antennas and other over the air reception device (OTARD) antennas are subject to the requirements of this chapter. However, those receive-only antennas that do not exceed the maximum height in a zoning district are permitted by this chapter and do not require a permit, so long as the diameter of the support pole on which it is affixed does not exceed eight inches and conforms to the following requirements:

A.    Residential and Mixed-Use Districts.

1.    Satellite Dish One Meter or Less. A satellite dish not exceeding one meter (39.37 inches) in diameter that is for the sole use of a resident occupying the same parcel is permitted. Antennas extended vertically shall be no higher than ten feet and six inches in height and must be placed on the ground between the rear of the main structure and the rear property line or on the rear half of the roof, and not located in any required parking or loading area. Antennas may not be located in the area between a building and the front or corner side property line or within five feet or the required setback, whichever is less, of any interior property line without approval of a use permit.

2.    Other Antennas. A receive-only antenna other than a satellite dish that is for the sole use of a resident occupying the same parcel is permitted if it does not exceed twelve feet above the height of the roof.

3.    Additional Requirements. In addition to the other requirements of this section, antennas in residential and mixed-use zoning districts shall meet all the following criteria:

a.    Roof- or building-mounted antenna support structures shall be no higher than needed to receive adequate reception of localized signals, not to exceed thirty feet above the roof line unless approved by the Planning and Transportation Commission;

b.    A television satellite dish antenna shall be screened, to the degree feasible, by structures or landscaping so it is not readily visible from public right-of-way and neighboring properties;

c.    Antenna support structures and appurtenant structural surfaces shall have subdued colors that blend with surroundings; and

d.    In addition to being screened from view from public right-of-way and neighboring properties, ground-mounted television satellite dish antennas shall be within a fenced area. The fence shall be at least four feet in height, and shall have no openings, holes or gaps larger than four inches in any dimension to prevent climbing. All gates and doors through the fence shall be equipped with a self-closing latching device capable of keeping the door or gate securely closed when not in actual use. If the entire yard is enclosed by a fence higher than four feet in height with a self-closing gate, this provision will be satisfied.

B.    Commercial, Industrial, and Airport Districts.

1.    Satellite Dish Two Meters or Less. Two satellite dish antennas each of which does not exceed two meters (78.74 inches) in diameter that are for the sole use of a permitted business occupying the same parcel are permitted if not located between the front of the building and the front property line, in any required side or rear yard, or in any required parking or loading area. A roof-mounted antenna shall be located as close to the center of the roof as practical and may not exceed three feet in height when extended vertically. Antennas may not be located in the area between a building and the front or corner side property line or in a required interior rear yard without approval of a minor use permit.

2.    Other Antennas. A receive-only antenna other than a satellite dish that is for the sole use of a permitted business occupying the same parcel is permitted if it is not located between the front of the building and the front property line, in any required side or rear yard, or in any required parking or loading area or exceeding thirty feet above the height of the roof, without approval of a minor use permit.

C.    Amateur Radio Facilities. One amateur radio antenna structure and one whip antenna that meet the following requirements and are operated by a Federally licensed amateur radio station operator who resides on the same property if the facility is located in a residential district.

1.    No part of the antenna shall exceed sixty-five feet in height or thirty feet above the height of the roof, when fully extended.

2.    Any antenna that is capable of a maximum extended height exceeding forty feet, with the exception of whip antennas, shall be equipped with a motorized or hand-cranked device to allow the antenna to be easily lowered when it is not in operation.

3.    When an amateur radio facility is not in operation, no part of any antenna, except for whip antennas, shall extend to a height that exceeds the maximum height permitted in the district.

4.    No part of the antenna shall be located in the area between a building and the front or corner side property line, in a required interior yard, or in any parking or loading area.

5.    An antenna that exceeds these height limits or is located in a required setback may be allowed with approval of a use permit. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

Subject to compliance with this chapter and other applicable provisions of this Code and other laws, WCFs are a permitted use in all zoning districts, as defined in Section 18.01.070. (Ord. 1539 (Exh. A (part)), 2019)

A.    A WCF may not be installed, collocated, or modified without a use permit, except as provided herein. A building permit must be obtained prior to performing any work to remove a WCF.

B.    A permit shall not be issued:

1.    Unless the applicant shows that it has the necessary permission from the owner of private property, including a homeowners’ association, to place the WCF as proposed on private property or from the public entity owning public property that it proposes to occupy (including the authority to make modifications to any support structure or wireless tower associated with the installation or modification); and

2.    In the case of a WCF in the right-of-way unless the applicant holds a franchise, license, or similar authorization from the City or the State that entitles it to occupy the right-of-way to install or modify a WCF.

C.    A permit shall not be effective and shall not authorize installation, collocation, or modification of any WCF or installation or modification of a support structure or wireless tower unless the conditions of this subsection are satisfied:

1.    Applicant must obtain all other required permits, authorizations, approvals, or declarations that may be required for installation or modification of the WCF or for installation or modification of the support structure under Federal, State, or local law, including but not limited to building permits, CEQA declarations, or FCC approvals. A WCF use permit is not in lieu of any other permit required under this Code, except as specifically provided herein, nor is it a franchise, license, or other authorization to occupy the right-of-way, or a license, lease or agreement authorizing occupancy of any other private or public property. It does not create a vested right in occupying any particular location, and a permittee may be required to move and remove facilities at its expense consistent with other provisions of applicable law.

2.    Applicant must provide proof to the City that it has obtained all insurance and/or security required by this Code, and must pay any fees owed to the City.

D.    A permit issued in error, based on incomplete or false information submitted by an applicant, or that conflicts with the provisions of this chapter, is not valid.

E.    The applicant shall pay all applicable fees as enacted by the City Council prior to the issuance of a permit.

F.    Permit Classifications. No WCF shall be constructed or erected without first obtaining approval by the Planning and Transportation Commission, Zoning Administrator, or the Planning Director pursuant to the requirements of this chapter and any permits required under the California Building Code unless exempt pursuant to Section 18.24.030. Applications for approval of a WCF will be processed and reviewed by the Planning Director, Zoning Administrator, or the Planning and Transportation Commission based on their classification as defined in this section. The Planning Director has the authority to refer any application that is not exempt from the requirements of this chapter for review and approval by the Zoning Administrator.

1.    Conditional Use Permit. Review and approval of a conditional use permit by the Planning and Transportation Commission is required for all facilities that do not meet one or more of the criteria listed in subsections (F)(2) and (F)(3) of this section for a minor use permit and decision by the Zoning Administrator or Planning Director or are exempt from review pursuant to this chapter or applicable Federal or State statutes and regulations.

2.    Minor Use Permit. The following facilities may be approved by the Zoning Administrator subject to the requirements of Chapter 18.30, Use Permits, and Section 18.24.100, Required findings for approval:

a.    A new wireless facility that will be located more than six hundred feet outside of all residential and mixed-use districts.

b.    Collocation applications that propose to alter the size and/or shape of the existing facility’s support structure.

c.    On structures in mixed-use districts that are not readily visible or are completely concealed from view because of integration into the design of a building or structure constructed and approved for use other than as wireless communications support structure, except for power poles and other structures in the right-of-way.

d.    On existing power poles or other structures in the right-of-way in nonresidential districts.

e.    A distributed antenna system (DAS) that is comprised of antennas installed on more than one of the support structures listed in subsections (F)(2)(a) through (d) of this section.

f.    A small wireless facility or group of small wireless facilities within six hundred feet of or inside a residential or mixed-use district.

g.    A 6409(a) modification application for an applicant that does not currently hold a permit for a WCF at the proposed site.

3.    The Planning Director may administratively approve a minor use permit for:

a.    Permit modifications for 6409(a) modification applications submitted by an applicant who holds an existing permit for the WCF to be modified at the proposed site.

b.    Collocation applications that do not propose to alter the size or shape of the existing facility’s support structure.

c.    A small wireless facility or group of small wireless facilities which are not within six hundred feet of or inside a residential or mixed-use district. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

A.    In all cases, an applicant for a WCF permit shall utilize the form of application required by the City. The Planning Director is authorized to prepare application forms and submittal checklists and may develop application forms that distinguish between different types of installations and modifications in order to streamline processing of applications, and to comply with legal requirements. These generally applicable requirements shall be available for review in the City’s Planning Department during normal business hours and shall be provided to an applicant upon request. The Planning Director may also from time to time require additional application materials and/or information in any publicly stated format. An application will not be considered complete until the applicant has submitted all forms and supporting documents or items as required by the Planning Director. Notwithstanding the foregoing, an application shall not be deemed complete unless it includes the following:

1.    Installer Statement. A statement from the installer stating the method used to determine the desired height and placement, a statement of the signals desired, manufacturer’s specifications showing installation specifications, a statement noting what prior testing was done to determine the location of the installation, and a statement mentioning if alternative placements were considered.

2.    Map and Inventory of Existing Sites. Each applicant for a WCF antenna or wireless tower shall provide to the Planning Division an inventory of the service provider’s existing facilities that are either within the jurisdiction of the City or within one-quarter mile of the City’s border, including a map showing the location of the provider’s existing facilities that serve customers in San Carlos and the specific site that is the subject of the application. The inventory shall include specific information about the location, height, power rating, frequency range, signal coverage, drive test data, and design of each facility or tower structure. The Planning Division may share such information with other applicants applying for administrative approvals or use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City; provided, however, that the Planning Division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

3.    Compliance Verification.

a.    Copies of, or a sworn statement by an authorized representative that the applicant holds, all applicable licenses or other approvals required by the FCC, the PUC, and any other agency of the Federal or State government with authority to regulate wireless communications facilities that are required in order for the applicant to construct the proposed facility.

b.    Documentation of, or a sworn statement by an authorized representative that applicant is in, compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related WCF proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

4.    Description of Proposed Facility.

a.    A site plan, plans, and elevations drawn to scale that identify all antennas by type (e.g., microcell; ground-, building-, or roof-mounted, etc.) and all related equipment. Elevations shall include all structures on which facilities are proposed to be located.

b.    A description of the proposed approach for screening or camouflaging all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed facility will be camouflaged or rendered not readily visible. If any part of the proposed facility would be readily visible, the application shall include an explanation as to why it cannot be rendered not readily visible. Any representation that the use of state of the art design techniques and technology is not feasible shall be supported by technical and financial analysis and may, at the discretion of the Planning Director, be subject to technical review in subsection (A)(5) of this section.

c.    When an applicant proposes a lower ranked design approach and location according to the preferences in Section 18.24.090(A), the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider’s service objectives and may at the discretion of the Planning Director be subject to technical review in subsection (A)(5) of this section.

d.    If any part of the facility will be readily visible from the public right-of-way or from neighboring properties, a visual impact analysis including scaled elevation diagrams within the context of the building, before and after photo simulations, and a map depicting where the photos were taken. The Planning Director may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility.

e.    If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why collocation or other facility types are not a feasible means of meeting the provider’s service objectives.

5.    Technical Review. The application shall include sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in EMF or RF studies (hereinafter, “an approved engineer”) retained by the City to review the information provided in response to technological considerations described in this section.

a.    The application shall also include an agreement to pay the reasonable actual cost and an administrative fee for hiring an approved engineer to provide technical review if such review is required.

b.    Any proprietary information disclosed to the City and/or the approved engineer in confidence shall not be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. It is the responsibility of the applicant to designate what information it considers proprietary, and the City shall assume any information not explicitly designated as such is public record. The City and/or the approved engineer shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

6.    Financial Assurances. A statement that, prior to obtaining a building permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.

7.    Other Information. Any other information the Planning Director deems necessary to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, information concerning noise that might be generated by equipment associated with a WCF, such as air conditioning equipment, if the physical circumstances of the proposed facility suggest that such noise may be detrimental. For downtown core and residential districts, the Planning Director may also request that the applicant simulate the appearance of the proposed facility through renderings, story poles, mock-ups, or similar display.

B.    Where a WCF is part of a network of WCFs that will be installed contemporaneously or sequentially, such as a distributed antenna system (DAS), the applications for each of the facilities in the proposed network shall be submitted simultaneously.

C.    In addition to the requirements of this chapter, applications to construct, modify, upgrade, or otherwise alter a WCF in a public right-of-way require an encroachment permit subject to the provisions of Chapter 12.01.

D.    Proof of Neighborhood Outreach. For facilities proposed in R districts, the applicant shall be required to conduct neighborhood outreach and provide proof of outreach to all property owners no less than three hundred feet from the proposed facility site as part of the required WCF application submittal package as set forth by the Planning Director. (Ord. 1539 (Exh. A (part)), 2019)

A.    All persons submitting an application for a WCF permit shall also submit an application for a building permit at the time that the WCF permit application is submitted. The WCF permit application shall be deemed incomplete if not accompanied by a building permit application. All persons wishing to submit an application for a WCF permit shall schedule an appointment with the Planning Division to submit the application and perform an initial check to determine whether the application appears to meet all required application submittal requirements as set forth by the Planning Director. Applications shall only be accepted at a scheduled meeting.

B.    Unless the application is deemed incomplete at the initial check pursuant to subsection A of this section, the Planning Director shall review all WCF permit applications for completeness with applicable submittal requirements and compliance with the provisions of this chapter and other applicable laws and regulations.

C.    If the application submitted by the applicant is incomplete, the Planning Director shall notify the applicant in writing within ten days. Said notice shall include a list of items missing from the application and the Municipal Code section(s) and/or submittal checklist item(s) which require additional submittals to deem an application complete.

D.    When an application is deemed incomplete, the applicant may submit additional materials to complete the application. An applicant may only submit a revised application or supplemental materials to a previously deemed incomplete application by appointment. The Planning Director shall schedule an applicant’s appointment for resubmission within five business days of the applicant’s request.

E.    When an applicant resubmits an application with the additional required materials, the Planning Director will determine whether the resubmitted application is complete within ten days of submission. If the resubmitted application is not complete, the Planning Director will provide notice to the applicant within ten days and include a list of items missing from the application and the Municipal Code section(s) which require the items in order to deem an application complete.

F.    Once the WCF permit application has been deemed complete, notice of any public hearing at which the Zoning Administrator or Planning and Transportation Commission will consider the proposed WCF shall be provided by the City to all owners of real property any part of which is located within three hundred feet of the real property, or if the WCF is to be located in the City’s right-of-way within three hundred feet of the proposed WCF location, consistent with the City’s standard noticing times and methods. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

The following requirements apply to all WCFs that are not exempt from regulation under this chapter unless the decision-making authority approves a waiver or modification based on the findings required in Section 18.24.100:

A.    State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FCC, the Federal Aviation Administration, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

B.    Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

C.    Collocated Facilities. A WCF proposed to be collocated on a facility that was subject to a discretionary permit issued on or after January 1, 2007, is not subject to discretionary review if an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless communications collocations facility in compliance with the California Environmental Quality Act and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration.

D.    Setbacks and Separation. Facilities shall comply with the setback requirements specified for the zoning district, except as provided in this chapter. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major WCF to the nearest point of another major WCF. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to all facilities located in the City irrespective of jurisdictional boundaries.

1.    Setbacks from Property Lines. Ground-mounted WCFs shall comply with the applicable setback requirements in the zoning district or be sited at least five feet from all property lines, whichever distance is greater.

2.    Minimum Separation Required. In commercial, industrial, and airport districts, a tower more than sixty-five feet in height shall not be located within one-quarter mile from any other tower that is more than sixty-five feet in height.

3.    Roof Setbacks. Roof-mounted facilities, except for satellite dish antennas, shall meet all of the following requirements unless the decision-maker finds that alternative placement or design would more effectively reduce the visual impact of the facility:

a.    Maintain a one-to-one ratio for equipment setback (example: ten-foot-high antenna requires ten-foot setback from facade);

b.    Avoid or minimize interference with significant view corridors;

c.    Facilities shall not be mounted on the front half of any building facing a public street, except for standard UHF/VHF antenna support structures, which shall be permitted on the rear two-thirds of the building facing a public street when attached to a chimney for support. On corner lots, facilities shall not be mounted on the front one-third of the building adjacent to the narrowest frontage facing a public street.

4.    Encroachment onto Adjacent Property Not Permitted. Booms, elements, and other parts of the antenna support structure shall not extend onto an adjacent lot under the same or different ownership.

E.    Conditions of Approval. In approving a minor use permit or conditional use permit pursuant to this chapter, the reviewing authority may impose any conditions allowed by applicable Federal and State law that are deemed necessary to ensure compliance with the findings required in Section 18.24.100, including but not limited to requiring:

1.    Future modification of an installation that is not a stealth facility to further reduce or eliminate its aesthetic impacts based on the results of a review process, which shows that new technology is available and could be employed to reduce the facility’s visual and aesthetic impacts.

2.    Periodic review, at the permittee’s expense, by a qualified independent engineer, approved by the City, to ensure compliance with the most current Federal and State regulatory and operational standards including, but not limited to, FCC radio frequency emission standards and Federal Aviation Administration height standards.

3.    Periodic review to verify that the permittee and any authorized representative of the permittee are in full compliance with this Code, the California Vehicle Code and OSHA standards with regard to noise, construction, vehicles, property maintenance and other such codes and regulations that are applicable to the operation, maintenance, construction and management of the facility and site.

4.    Allow collocation with other existing WCFs and accommodate the future collocation of other future facilities, where technically, practically, and economically feasible. The City reserves the right to notify other registered wireless communications providers of new WCF applications to promote collocation.

5.    Evidence of a removal bond or other documentation ensuring removal of the wireless communications antennas.

F.    Maintenance. All facilities shall be operated and maintained in compliance with the following requirements:

1.    WCFs and sites shall be kept clean and free of litter and debris. Lighting, fences, shields, cabinets, and poles shall be maintained in good repair and free of graffiti and other forms of vandalism, and any damage from any cause, including degradation from wind and weather, shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight hours from the time of notification by the City.

2.    The owner or operator of a WCF shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. A landscape performance and maintenance agreement with the City may be required to ensure the installation and establishment of the landscaping. Amendments or modifications to the landscape plan shall be submitted to the Planning Director for approval.

3.    WCFs shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas.

a.    Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of eight a.m. and seven p.m., Monday through Friday, excluding holidays.

b.    All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under Chapter 9.30, Noise Control.

c.    Backup generators shall only be operated during periods of power outages or for testing.

G.    City Business License. The permittee shall report to the City annually, in conjunction with permittee’s business license, contact information for the permittee and the agent responsible for maintenance of the wireless communications facility. Emergency contact information shall be included. (Ord. 1539 (Exh. A (part)), 2019)

The purpose of this section is to identify preferences and requirements for the location and design of WCFs, to provide guidance to prospective applicants as they seek appropriate WCF locations within the City, and to provide guidance to the Planning and Transportation Commission and Planning Director in determining whether to grant, grant with conditions, or to deny a WCF application.

This section applies to all new WCFs and to all collocations and modifications to existing WCFs, except collocations and modifications to existing WCFs that qualify as a Section 6409(a) modification.

A.    Design and Location Preferences. Based on their potential effect on the aesthetic character of residential and mixed-use areas, the alternatives for design and siting of new antennas, new and existing antenna support structures, and new and existing cabinets and associated equipment have been ranked by preference as indicated in the following lists. When an applicant proposes a lower ranked alternative, the applicant must demonstrate that a higher ranked option is not feasible.

1.    Design Preferences.

a.    Building- or structure-mounted antennas and associated cabinets and equipment that are not readily visible or are completely concealed from view because of placement and/or integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.

b.    Building- or structure-mounted antennas and associated cabinets and equipment set back from roof edge and/or not visible from the public right-of-way or from surrounding properties.

c.    On existing nonresidential structures located more than six hundred feet from a residential district such as buildings, communication towers, existing signal, power, light or similar kinds of permanent poles, or utility facilities not subject to the City’s franchise agreements or on new nonresidential buildings where the facility is incidental to the building or property use.

d.    On new nonresidential structures such as buildings, communication towers, existing signal, power, light or similar kinds of permanent poles, or utility facilities not subject to the City’s franchise agreements and located more than six hundred feet from a residential district.

2.    Location Preferences.

a.    In an industrial or airport district and collocated with existing WCFs that conform to the requirements of this chapter.

b.    In any other nonresidential district and collocated with existing conforming facilities.

c.    In industrial or airport districts.

d.    In commercial districts.

e.    On nonresidential structures in mixed-use districts.

f.    On nonresidential structures in residential districts.

g.    On nonresidential use sites in mixed-use or residential districts.

h.    In public districts.

B.    Siting on Residential Parcels. Wireless communications facilities shall not be permitted on properties zoned and used for residential purposes or undeveloped parcels intended for residential use, unless the residential property owner provides written consent and:

1.    The applicant demonstrates that all alternative nonresidential sites (including collocation) have been explored and the proposed site is the less intrusive of the feasible alternative sites; and

2.    No significant visual impacts would result from the proposed facility.

C.    Visual Impact. WCFs should be collocated with existing WCFs if within one thousand five hundred feet of an existing visible WCF, unless the City determines that the collocation would create excessive visual clutter or would otherwise create harms the City may ameliorate.

D.    Tower-Mounted WCFs. Tower structures shall be sited to maximize screening by existing environmental features such as topography, vegetation, buildings, or other structures. Any visible components and accessory facilities shall be painted or coated with subdued and nonreflective colors and textures that will blend with the visual environment.

1.    The decision-making authority may require the facility to be enclosed in a structure such as a clock tower, cupola, sign, or other facility.

2.    Installations that are designed to replicate trees, rocks, or other natural features shall match the scale, color, type, and appearance of existing or typical natural features.

E.    A WCF located in the right-of-way:

1.    Shall, with respect to its pole-mounted components, be located on an existing streetlight pole when feasible;

2.    If it is not feasible to install the pole-mounted components on an existing streetlight pole, then those components shall be located on an existing utility pole serving another utility;

3.    Shall be concealed and/or shall be painted to be consistent with other existing natural or manmade features in the right-of-way near the location where the WCF is to be located; and

4.    With respect to its pole-mounted components, if installing on an existing utility pole is not feasible and there are no reasonable alternatives, the applicant may propose to construct a new utility pole or unipole.

F.    The pole-mounted components of a WCF on a utility pole, shall, whether in or outside of the right-of-way:

1.    Comply with CPUC General Order 95 and General Order 128 as they may be amended or replaced;

2.    Shall be located, designed, and installed to cause as little visual intrusion as possible to views from habitable structures and publicly accessible areas;

3.     To the extent feasible, shall be located on a pole located at intersections (i.e., near corner lots); and

4.    Be consistent with the size and shape of pole-mounted equipment installed by communications companies on utility poles near the WCF.

G.    The ground-mounted components of a WCF, including but not limited to utility boxes, whether in or outside of the right-of-way:

1.    Shall be located underground to the maximum extent feasible; and

2.     If not underground, shall be located flush to grade where necessary to avoid incommoding the public, or creating a hazard; and

3.    To the extent permitted aboveground, shall otherwise be appropriately screened, landscaped and camouflaged to blend in with the surroundings, and nonreflective paints shall be used. All equipment associated with the WCF must be screened.

H.    The support equipment associated with a WCF, whether in or outside the right-of-way:

1.    Shall be designed to be architecturally compatible with surrounding structures and/or screened using appropriate techniques to camouflage, disguise, and/or blend into the environment including shelters, buildings, landscaping, fencing, color, and other techniques to minimize their visual impact; and

2.    If an equipment cabinet cannot be adequately screened from surrounding properties or from public view or architecturally treated to blend in with the environment, it shall be placed underground or inside the existing building where the antenna is located or in a new equipment shelter that meets the requirements of this chapter.

I.    Height Restrictions. All applicable height restrictions contained within this Code regarding building height for structures, including but not limited to poles, towers, and buildings, shall apply to all base stations and wireless towers, except in the following circumstances:

1.    The applicant demonstrates the necessity to build above the applicable height restriction, and that no alternative equipment exists that would allow the WCF to operate without need to build above the applicable height restriction;

2.    The application proposes a Section 6409(a) modification to an existing structure; or

3.    The application proposes to collocate WCF equipment at an existing site whose structure is nonconforming with the applicable height restriction and the application does not propose to increase the height of the existing structure.

J.    Maintenance of City Character. A WCF shall be designed and located to minimize the impact on the surrounding neighborhood, and to maintain the character and appearance of the City, consistent with other provisions of this Code. To that end, WCFs should:

1.    Employ the least intrusive design for the proposed location in terms of size, mass, visual and physical impact, and effects on properties from which the WCF is visible; and

2.    Accommodate collocation consistent with the other design requirements of this chapter; and

3.    Where proposed to be located on an existing pole or other structure, and where location is feasible at multiple sites, be located on the site that provides the greatest consistency with these design standards and is least visibly intrusive; and

4.    Use the best available technology and design techniques to eliminate or reduce noise, vibration, heat, or other adverse impacts to the surrounding community, and to reduce or eliminate intrusion to publicly accessible areas; and

5.    Be consistent with the General Plan.

K.    Camouflage. Without limiting the foregoing, all portions of a WCF affixed to a support structure shall be designed to blend in architecturally or be screened from view in a manner consistent with the support structure’s architectural style, color, and materials when viewed from any part of the City. WCFs shall be painted and textured or otherwise camouflaged to match the color and texture of the support structure on which they are mounted. Where the support structure is a building, the WCF, including without limitation base station cabinets, remote transmitters and receivers, and antenna amplifiers, shall be placed within the building or mounted behind a parapet screened from public view unless that is not feasible. If the Planning Director determines that such in-building placement is not feasible, the equipment shall be roof-mounted in an FRP screen or similar enclosure or otherwise screened from public view as approved by the Planning and Transportation Commission or Planning Director.

L.    Lighting. WCFs shall not be lighted except in one of the following instances and when the lowest feasible intensity lighting is used:

1.    For proximity-triggered and/or timer-controlled security lighting;

2.    To comply with regulations for the illumination of any flag attached to a WCF; or

3.    Where such lighting is required by the Planning Director to protect public health or welfare, or as part of the camouflage for a particular design.

M.    Signage. No advertising signage shall be displayed on any WCF except for government required signs shown in the WCF permit application. Additionally, site identification, address, warning, and similar information plates may be permitted where approved by the Planning and Transportation Commission or Planning Director.

Notwithstanding the foregoing, each equipment cabinet shall have a sign visible from a publicly accessible area, identifying the name, address, twenty-four-hour local or toll-free contact telephone number for both the permittee and the party responsible for maintenance of the facility. Information shall be updated in the event of any changes.

N.    Americans with Disabilities Act. The WCF shall comply with all requirements of the Americans with Disabilities Act of 1990 (“ADA”) as may be amended or replaced.

O.    Obstructions. The WCF shall not incommode the public (including, without limitation, persons with disabilities) in its use of any structure, or any portion of the right-of-way.

P.    Camouflage of Wireless Towers and Base Stations. All wireless towers and base stations shall be concealed. The installation of an uncamouflaged wireless tower or base station is prohibited.

Q.    Additional Requirements for Dish-Type Antennas. Dish-type antennas visible from any public or private street or any neighboring property shall meet the following standards and criteria in addition to any other applicable provisions of this chapter:

1.    Diameter and Height. Television satellite dish antennas shall meet the following requirements:

a.    Industrial, Commercial, and Airport Districts. Antennas shall not be larger than twelve feet in diameter and twelve feet six inches in height above the ground when extended vertically (if ground-mounted) or twelve feet six inches in height above the roof line when extended vertically (if roof-mounted). If another diameter dish is used under twelve feet in diameter, the dish shall not be more than the dish diameter plus six inches in height above the ground when extended vertically (if ground-mounted) or the dish diameter plus six inches in height above the roof when extended vertically (if roof-mounted).

b.    Residential and Mixed-Use Districts. Antennas shall not be larger than ten feet in diameter and ten feet six inches in height above the ground when extended vertically. If roof-mounted, a satellite dish antenna shall not exceed the height permitted in the district.

2.    Location. No dish-type antenna shall be located in a required parking or loading area or in a driveway area.

3.    Screening and Design. Antennas shall be designed and screened to minimize their appearance:

a.    The dish shall be constructed of open mesh, rather than solid material, unless the use of mesh is not feasible for technical or other reasons.

b.    The antenna and supporting structure shall be a neutral color that blends with the surrounding dominant color, helps camouflage the dish antenna, and is neither bright nor metallic.

c.    No advertising shall be permitted on any part of a dish antenna, except for a six-inch square displaying the manufacturer’s or distributor’s name.

d.    The antenna shall be screened by recessing the antenna into the roof line or by constructing a screen out of similarly textured roofing, or exterior wall material, or microwave transparent material.

e.    No more than twenty-five percent of the dish antenna shall be visible from surrounding streets and properties at ground level. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

A.    It is the applicant’s burden to show that a permit should be granted. In reviewing an application, the Planning and Transportation Commission or Planning Director may consider the WCF as proposed and as it may be modified as a matter of right, through a Section 6409(a) modification application or otherwise, should the application be granted. When considering an application, the Planning and Transportation Commission or Planning Director may consider any matter it is entitled to or required to consider as a matter of law. In addition to any other findings that this chapter requires, in order to approve any use permit for a facility subject to regulation under this chapter, the Planning Director or the Planning and Transportation Commission must make all of the following findings that are applicable to the facility based on substantial information in the record, including, where required, technical analysis by a radio frequency engineer, calculations by a State-licensed structural engineer, or other evidence:

1.    The application was deemed complete by the Planning Director and proper notice has been provided pursuant to Section 18.24.070;

2.    The application and proposed WCF are consistent with the general requirements and design standards set forth in Sections 18.24.080 and 18.24.090;

3.    The WCF and support structure additions and modifications proposed are consistent with the General Plan and will not adversely affect the policies and goals set forth therein or alter the character of the community;

4.    The WCF and support structure modifications and additions proposed comply with the design standards herein, and other applicable provisions of this Code;

5.    The WCF and support structure modifications and additions proposed comply with applicable safety codes and laws (including without limitation the ADA);

6.    The WCF and support structure modifications and additions do not interfere with the public’s use of right-of-way, or create undue risks to persons or property;

7.    The applicant has made the required affirmation regarding compliance with the FCC’s RF regulations, as the same may be amended;

8.    If the facility is located on any property that is a historic resource pursuant to the California Public Resources Code, that it has been designed and sited to avoid any adverse effect on the historic character of the building, structure, or site and will not affect its eligibility for designation;

9.    The applicant was authorized to file the application;

10.    The applicant has or will have necessary local, State, or Federal regulatory approvals required in connection with the WCF (including but not limited to necessary CEQA approvals, if any; and approvals for structures on private property);

11.    The proposed design is consistent with the General Plan and otherwise minimizes the impact of the WCF and support structure modifications and additions to the greatest extent possible;

12.    If a modification of height, separation, setback, landscaping, or other requirements of this chapter is requested, that the proposed modification is consistent with the purposes of this chapter, will be the least intrusive feasible means of meeting the provider’s service objectives, is sited and designed compatible with the aesthetic character of the surroundings, and is necessary to ensure reasonable and effective transmission; and

13.    If the facility is a satellite dish or parabolic antenna that exceeds applicable width and height standards:

a.    A smaller or different type of facility could not meet the technical requirements necessary to provide reasonable signal access; or

b.    The cost of complying with the applicable requirements would exceed the cost of the purchase and installation of the facility.

B.    Notwithstanding any other provision of this section to the contrary, if in the opinion of the Planning Director, in consultation with the City Attorney, any of the provisions of this section are preempted or superseded by Federal or State law, the Planning and Transportation Commission or Planning Director may approve an application which does not comply with the design standards and/or required findings for approval which are determined to be preempted or superseded.

C.    A WCF located on private property shall also be subject to any design review provisions of this Code to the extent that it involves a modification to a support structure which is subject to separate review under this Code and shall complement the surrounding structures and/or improvements. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

A.    For applications designated by the applicant as a Section 6409(a) modification, or if determined by the Planning Director that the applicant is proposing a Section 6409(a) modification, the review process and approval, approval with conditions, or denial of the application shall be made by the Planning Director.

B.    Pursuant to 47 U.S.C. Section 1455(a), the Planning Director shall approve a Section 6409(a) modification except when:

1.    The collocation or modification would result in a substantial change (as defined in Section 18.24.230(EE)) to the existing wireless tower or base station;

2.    The collocation or modification would violate any applicable building code, electrical code, structural code, fire code or any other law, regulation, rule or prior condition of approval based on objective factors and reasonably related to public health and safety;

3.    The collocation or modification involves the replacement of the wireless tower or other support structure; or

4.    47 U.S.C. Section 1455(a) does not apply to the collocation or modification for any lawful reason.

C.    Any denial of a Section 6409(a) modification shall be without prejudice. Subject to subsection D of this section, the applicant may submit the same or substantially the same permit application, together with all required fees and deposits, for either a WCF permit or a Section 6409(a) modification permit.

D.    The City shall be entitled to recover the reasonable costs for its review of any Section 6409(a) modification permit application, whether approved, deemed granted or denied without prejudice. In the event that the Planning Director denies a Section 6409(a) modification permit, the City shall return any unused deposit fees within sixty days after a written request from the applicant. If the fees in the deposit account do not cover the reasonable cost for the City’s review, an applicant shall not be allowed to submit an application for the same or substantially the same change unless all fees for the prior-denied permit application are paid in full. (Ord. 1539 (Exh. A (part)), 2019)

A.    For applications designated by the applicant as a small wireless facility application or modification, or if determined by the Planning Director that the applicant is proposing a small wireless facility application or modification, the review process and approval, approval with conditions, or denial of the application shall be made by the Zoning Administrator. Applicants may include multiple proposed small cells in one application; however, required fees are calculated per site. An application that proposes both small cell and non-small cell installations shall be handled as separate applications, and all proposed non-small cell facilities shall be subject to individual requirements, review criteria, and fees, as their own applications.

B.    If a small cell is installed on or affixed to a City-owned support structure, the owner of the small cell/permit holder shall obtain a license for use of the structure from the City prior to or in conjunction with the permitting process, shall pay an additional processing fee for the license, and shall pay an annual fee for such use. (Ord. 1539 (Exh. A (part)), 2019)

A.    Except in instances where the City has entered into a tolling agreement with the applicant, the Planning and Transportation Commission or Planning Director shall act to approve, approve with conditions, or deny all applications within the following periods:

1.    Within sixty days for:

a.    Section 6409(a) modification applications; and

b.    Small wireless facilities proposed to be collocated or attached to existing support structures.

2.    Within ninety days for:

a.    Collocations of non-small cell WCFs;

b.    Installations of non-small cell WCFs onto existing support structures; and

c.    New small wireless facilities (including new support structure).

3.    Within one hundred fifty days for new non-small cell WCFs (including new support structure).

B.    Tolling Periods. If the applicant is timely notified that its application is incomplete pursuant to Section 18.24.070, the time to act on the application as defined by this section shall toll from the day after such notice is given to the applicant in writing to the day that the applicant submits additional documents to render the application complete. Should that supplemental submission fail to render the application complete, the time to act on the application shall again toll on the day after written notice to the applicant that the supplemental submission was insufficient until the day that the applicant submits additional documents to render the application complete.

C.    Small Cell Time Reset. Notwithstanding the above, if the applicant submits an incomplete application that proposes to install a small wireless facility and is timely notified that the application is incomplete, the period in which the application must be acted upon shall not run until the applicant makes a supplemental submission to complete the application. Should the subsequent submittal still fail to complete the application and the applicant is notified timely, the tolling periods provisions above shall apply. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

A.     As a condition of every permit issued pursuant to this chapter, the City may establish a reasonable construction build-out period for a WCF.

B.    The WCF permit holder shall also comply with all other applicable requirements of this Code, including but not limited to building codes and provisions related to work in rights-of-way.

C.    The WCF permit holder shall obtain and maintain all other applicable permits, approvals, and agreements necessary to install and operate the WCF in conformance with Federal, State, and local laws, rules and regulations.

D.    The City may inspect permitted facilities and property and may enter onto a site to inspect facilities upon reasonable notice to the WCF permit holder. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of the WCF and to support, disable, or remove those elements of the WCF posing an immediate threat to public health and safety.

E.    The WCF permit holder shall maintain on file with the City and on site at the WCF contact information of all parties responsible for maintenance of the WCF, including without limitation contact information for a representative of the facility operator, representatives of all wireless carriers utilizing the WCF, and representatives of all contractors and subcontractors responsible for maintaining the WCF.

F.    The WCF permit holder and, if applicable, the private property owner shall defend, indemnify and hold harmless the City of San Carlos, its agents, officers, officials, and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of the WCF permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the WCF permit holder or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors (subsections (F)(1) and (2) of this section collectively are “actions”). Further, WCF permit holders shall be strictly liable for interference caused by their WCFs with the City’s communications systems. The WCF permit holder shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference (“claims”). In the event the City becomes aware of any such actions or claims the City shall promptly notify the WCF permit holder and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or WCF permit holder (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

G.    A permit may be terminated if the City determines that the permit was granted based on false, misleading, or incomplete information; if a material provision of the permit is no longer enforceable; or if the permit holder violates a condition of the permit, or modifies the WCF or support structures without permission.

H.    The WCF permit holder shall make a good faith effort to minimize project-related disruptions to adjacent properties. Site improvement and construction work, including set-up, loading or unloading of materials or equipment, performed as part of this project is subject to all provisions of this Code related to permitted work. Emergency maintenance and repairs are exempt from the restricted hours. Violation of this condition may result in issuance of a stop work order or administrative citations.

I.    In addition to all other standard conditions of approval required under this section, and to all conditions of approval permitted under State and Federal law that the Zoning Administrator, Planning and Transportation Commission, or Planning Director may deem appropriate for a specific WCF, all Section 6409(a) modifications, whether granted by the Planning Director under the Federal directive in 47 U.S.C. Section 1455(a), or deemed granted by the operation of law, shall automatically include all the conditions of approval as follows:

1.    Grant, deemed-grant or acceptance of a Section 6409(a) modification permit shall not renew or extend the permit term for the underlying WCF;

2.    In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, 47 U.S.C. Section 1455(a), such that such statute would not mandate approval for the collocation or modification granted or deemed granted under a Section 6409(a) modification permit, such permit shall automatically expire twelve months from the date of that opinion;

3.    Grant, deemed-grant or acceptance of Section 6409(a) modification permit shall not waive and shall not be construed or deemed to waive the City’s standing in a court of competent jurisdiction to challenge 47 U.S.C. Section 1455(a) or any Section 6409(a) modification permit issued pursuant to 47 U.S.C. Section 1455(a) or this Code. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

A.    Within thirty days after installation of a WCF, the applicant shall deliver to the City a written report that demonstrates that its WCF, as constructed and normally operating fully, complies with the conditions of the permit, including height restrictions, and applicable safety codes, including structural engineering codes. The demonstration shall be provided in writing to the Planning Director containing all technical details to demonstrate such compliance, and certified as true and accurate by qualified professional engineers, or, in the case of height or size restrictions, by qualified surveyors. This report shall be prepared by the applicant and reviewed by the City at the sole expense of the applicant, which shall promptly reimburse the City for its review expenses. The Planning Director may require other RF emission compliance proof at his or her discretion, including additional study upon construction and/or regular compliance reports during the operation of the WCF.

B.    If the initial report required by this section shows that the WCF does not so comply, the permit shall be deemed suspended, and all rights thereunder of no force and effect, until the applicant demonstrates to the City’s satisfaction that the WCF is compliant. Applicant shall promptly reimburse the City for its compliance review expenses.

C.    If the initial report required by this section is not submitted within the time required, the Planning Director or his or her selected and qualified professionals may, but are not required to, undertake such investigations as are necessary to prepare the report described in subsection A of this section. The applicant shall, within five days after receiving written notice from the City that the City is undertaking the review, deposit such additional funds with the City to cover the estimated cost of the City obtaining the report. Once said report is obtained by the City, the City shall then timely refund any unexpended portion of the applicant’s deposit. The report shall be provided to the applicant. If the report shows that the applicant is noncompliant, the City may suspend the permit until the applicant demonstrates to the City’s satisfaction that the WCF is compliant. During the suspension period, the applicant shall be allowed to activate the WCF for short periods, not to exceed one hundred twenty minutes during any twenty-four-hour period, for the purpose of testing and adjusting the site to come into compliance.

D.    If the WCF is not brought into compliance promptly, and in no case within sixty days, the City may revoke the permit and require removal of the WCF. (Ord. 1539 (Exh. A (part)), 2019)

A.    All WCFs within the City shall be designed, maintained, and shall be operated at all times to comply with the provisions of this chapter and the following other requirements:

1.    Conditions in any permit or license issued by a local, State, or Federal agency, which has jurisdiction over the WCF;

2.    Rules, regulations, and standards of the State and Federal governments and the City, including without limitation the FCC, the CPUC, and this Code;

3.    Easements, covenants, conditions, and/or restrictions on or applicable to the underlying real property;

4.    Rules, regulations, and standards of the City governing underground utilities;

5.    All other laws, codes, and regulations applicable to a WCF, including the California Environmental Quality Act (CEQA).

B.    Without limiting the foregoing, all WCFs shall be maintained in good working condition and to the visual standards established at the time of approval over the life of the WCF permit. The WCF and surrounding area shall remain free from trash, debris, litter, graffiti, and other forms of vandalism. Any damage shall be repaired as soon as is practicable, and in no instance more than ten days from the time of notification by the City or after discovery by the WCF permit holder. If landscaping was required, the landscaping must be maintained by the permittee. (Ord. 1539 (Exh. A (part)), 2019)

A.    The City may modify a permit before its termination date where necessary to protect public health and safety, or where the permit as issued is no longer enforceable in accordance with its terms.

B.    A permit holder may modify a permit by seeking either a Section 6409(a) modification or other modification. Modifications other than Section 6409(a) modifications shall be treated the same as requests for a new WCF and require Planning and Transportation Commission or Planning Director approval.

C.    Requests for modifications will be reviewed in accordance with the provisions of this chapter at the time modification is sought, and not at the time the permit initially issued. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1539 (Exh. A (part)), 2019)

A.    A WCF permit may be revoked if permittee is not in compliance with permit conditions, if the permit conditions are not enforceable, or for a failure to comply with any provision of this Code relating to the permit, or relating to the WCF associated with the permit (“default event”). By way of example and not limitation, a refusal to timely remove facilities located in the right-of-way where required in connection with a public works project would be a default event.

B.    The City may revoke a WCF permit only after:

1.    Written notice of the default event has been provided to the WCF permit holder; and

2.    The WCF permit holder has been afforded at least thirty days to cure and comply with its permit, or demonstrate that no default event occurred.

C.    If the WCF permit holder fails to cure, the City Council may revoke the permit consistent with Section 18.27.140.

D.    Upon revocation, the City may require the removal of the WCF or take any other legally permissible action or combination of actions necessary to protect the health and welfare of the City. (Ord. 1539 (Exh. A (part)), 2019)

A.    Any WCF permit holder who abandons or discontinues use of a WCF for a continuous period of ninety days shall so notify the City by certified mail within thirty days after the ninety-day period.

B.    If the Planning Director believes a WCF has been abandoned or discontinued for a continuous period of ninety days, the Planning Director shall send a notice by certified mail of abandonment or discontinuation to the WCF permit holder stating why he or she believes the WCF to be abandoned or discontinued. Failure of the WCF permit holder to reply to this notice in writing within thirty days after receiving, rejecting, or returning the City’s certified letter shall entitle the Planning Director to make the determination that the WCF is, in fact, abandoned or discontinued.

C.    Upon declaration of the Planning Director that a WCF located on public property or in the public right-of-way is abandoned or discontinued, the City may remove the WCF and any supporting structures installed solely in connection with the WCF and restore the site to be consistent with the then-existing surrounding area. The City shall not be required to, but may at its discretion, store any removed equipment. The cost of this removal and restoration work and storage, if applicable, shall be paid by the permit holder, who shall be provided with an invoice by the City. Until the cost of removal, repair, restoration and storage is paid in full, a lien shall be placed on any related real or personal property owned by the permit holder, including but not limited to the removed equipment. The City Clerk shall cause the lien to be recorded with the San Mateo County recorder. No person or entity may apply for a new or renewed permit under this chapter if he/she/it owes any amounts invoiced by the City under this section.

D.    Upon declaration of the Planning Director that the WCF located on private property is abandoned or discontinued, the WCF permit holder or owner of the affected real property shall have ninety days from the date of the declaration or a further reasonable time as may be approved by the Planning Director, within which to complete one of the following actions:

1.    Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

2.    Transfer the rights to use the WCF to another entity (who shall be subject to all the provisions of this chapter) and the entity immediately commences use of the WCF; or

3.    Remove the WCF and any supporting structures installed solely in connection with the WCF and restore the site to be consistent with the then-existing surrounding area.

E.    If ninety days after the declaration by the Planning Director that a WCF located on private property is abandoned or discontinued none of the required actions in subsections (D)(1) through (D)(3) of this section has occurred, the City Council at a noticed public hearing may declare that the WCF is abandoned. The City shall provide notice of such finding to the WCF permit holder and to the telecom carrier last known to use the WCF and, if applicable, to the owner of the affected private real property, providing thirty days from the date of the notice within which to complete one of the following actions:

1.    Reactivate use of the WCF, subject to the terms and conditions of the applicable WCF permit;

2.    Transfer the rights to use the WCF to another operator (who shall be subject to all the provisions of this chapter); or

3.    Remove the WCF and any supporting structures installed solely in connection with the WCF and restore the site to be consistent with the then-existing surrounding area.

F.    Any cost incurred by the City to remove, repair, restore, or store a WCF site or WCF equipment shall be charged to and paid by the permit holder and/or the private real property owner. Until these costs are paid in full, a lien shall be placed on the WCF and any related personal property and any private real property on which the WCF was located for the full amount of the cost of removal, repair, restoration and storage. The City Clerk shall cause the lien to be recorded with the San Mateo County Recorder.

G.    After adequate written notice to the WCF permit holder, the City Council or Planning Director may require the relocation, at the WCF permit holder’s expense and according to the then-existing standards for WCFs, of any WCF located in the right-of-way, as necessary for maintenance or reconfiguration of the City’s right-of-way or for other public projects, or take any other action or combination of actions necessary to protect the health and welfare of the City.

H.    If an existing utility pole that hosts a WCF must be replaced, the WCF permit holder shall within thirty days after the installation of the replacement pole either relocate its WCF in the same configuration on the replacement pole or remove the prior-existing WCF rather than relocate it, and notify the City of the removal, and surrender its WCF permit for cancellation by the City.

I.    If the WCF permit holder fails to relocate or remove the WCF as required by this section, the City may elect to treat the WCF as a nuisance to be abated. (Ord. 1539 (Exh. A (part)), 2019)

A WCF permit holder shall not assign or transfer any interest in its permits for WCFs without advance written notice to the City. The notice shall specify the identity of the assignee or transferee of the permit, as well as the assignee’s or transferee’s address, telephone number, name of primary contact person(s), and other applicable contact information, such as an email address or facsimile number. The new assignee or transferee shall comply with all of the WCF’s terms and conditions of approval and shall submit to the City a written acceptance of the WCF permit’s terms and conditions and a written assumption of the obligations thereafter accruing under such permit prior to the date that such assignment or transfer is intended to take effect. (Ord. 1539 (Exh. A (part)), 2019)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision herein or failing to comply with any of these requirements will be deemed guilty of an infraction and upon conviction thereof will be punished by a fine not exceeding one thousand dollars. Each such person, firm, partnership, or corporation will be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and will be deemed punishable therefor as provided in this chapter. (Ord. 1539 (Exh. A (part)), 2019)

In the event of any inconsistency between the provisions of this chapter and any other provision of this Code, the more specific provision shall control. Without limiting the generality of the foregoing, WCFs shall be governed by the permitting procedures and design standards set forth herein. (Ord. 1539 (Exh. A (part)), 2019)

Unless otherwise specified, the terms this chapter uses shall have the following meanings:

A.    “Antenna” shall mean a device used to transmit and/or receive radio or electromagnetic waves such as but not limited to panel antennas, reflecting discs, panels, microwave dishes, whip antennas, directional and nondirectional antennas consisting of one or more elements, multiple antenna configurations, or other similar devices and configurations.

B.     “Antenna array” shall mean two or more antennas having elements extending in one or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which are elements deemed to be part of the antenna.

C.    “Antenna equipment” means equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located in the same fixed location as the antenna.

D.    “Applicant” shall mean the owner(s) or the owner’s agent of property upon which wireless communications facilities are proposed to be located. In instances where wireless communication facilities are proposed to be located on public right-of-way, the applicant is the carrier or entity which will operate the facility or the newly added components of the facility upon its completion.

E.    “Base station” shall mean the transmission equipment and non-tower support structure at a fixed location that enable FCC-licensed or authorized wireless communications between user equipment and a communications network. A “non-tower support structure” means any structure (whether built for wireless purposes or not) that supports wireless transmission equipment under a valid permit at the time the applicant submits its application.

F.    “Camouflaged or concealed WCF” shall mean a wireless communications facility that (1) is integrated as an architectural feature of an existing structure such as (but not limited to) a cupola; or (2) is integrated in an outdoor fixture such as (but not limited to) a flagpole; or (3) uses a design and paint which mimics and is consistent with nearby natural or architectural features, or is incorporated into or replaces existing permitted facilities (including but not limited to stop signs or other traffic signs or freestanding light standards) so that the presence of the WCF is not readily apparent due to its design and/or color.

G.    “Carrier” shall mean a wireless communications service provider licensed by the FCC and/or by the California Public Utilities Commission.

H.    “City” shall mean the City of San Carlos, California.

I.    “City Council” shall mean the City Council of the City of San Carlos, California.

J.     “City Manager” shall mean the City Manager of the City of San Carlos, California, or his or her designee.

K.    “Code” shall mean the San Carlos Municipal Code.

L.    “Collocation” shall mean the placement or installation of transmission equipment on an existing wireless tower or base station for the purpose of transmitting or receiving radio frequency signals for communications purposes.

M.    “CPUC” shall mean the California Public Utilities Commission.

N.    “Distributed antenna system” or “DAS” shall mean a network of one or more antennas and related fiber optic nodes typically mounted to streetlight poles, or utility poles, which provide access and signal transfer for wireless service providers. A DAS also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.

O.    “FCC” shall mean the Federal Communications Commission.

P.    “Feasible” means, in light of technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals under this chapter and the California Building Code, as well as the common meaning of the term.

Q.    “FRP screening” shall mean screening using fibre-reinforced plastic or fibre-reinforced polymer.

R.    “Lattice tower” shall mean an open framework structure used to support one or more antennas, typically with three or four support legs.

S.    “Monopole” shall mean a single freestanding pole used to act as or support an externally mounted antenna or antenna arrays.

T.    “OTARD antennas” shall mean antennas covered by the “over-the-air reception devices” rule in 47 CFR Section 1.4000 et seq., as may be amended or replaced from time to time.

U.    “Outdoor fixture” shall mean any wall (excluding any retaining wall eighteen inches or less in height), utility box, fence, gate, column, pillar, post, flag pole, light post or similar lighting fixture, either freestanding or incorporated into a fence or wall.

V.    “Planning Director” shall mean the Planning Director of the City of San Carlos or his or her designee.

W.    “Public property” shall mean property owned or under the control of the City and specifically excludes the City’s right-of-way. By way of example and not limitation, public property includes structures and outdoor fixtures owned by the City.

X.    “Public Works Director” shall mean the Director of the City of San Carlos Public Works Department or his or her designee.

Y.    “Radome” shall mean a visually opaque, radio frequency transparent enclosure which may contain transmission equipment.

Z.    “Readily visible” means an object that can be identified as a WCF when viewed with the naked eye from public right-of-way or neighboring property.

AA.    “RF or RF emissions” shall mean radio frequency emissions.

BB.    “Right-of-way” shall mean the public streets and rights-of-way.

CC.    “Screening” shall mean design features or architectural techniques that shield a WCF from sight. This may include, but is not limited to, FRP screening.

DD.    “Section 6409(a)” shall mean Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. Section 1455(a), as may be amended or interpreted in judicial or administrative decisions.

EE.    “Section 6409(a) modification” shall mean a collocation or modification of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the existing wireless tower or base station. For the purposes of a Section 6409(a) modification, the term “substantial change” means:

1.    For wireless towers outside the public right-of-way:

a.    The proposed collocation or modification increases the overall height more than ten percent or the height of one additional antenna array more than twenty feet (whichever is greater);

b.    The proposed collocation or modification increases the width more than twenty feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

c.    The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

2.    For wireless towers within the public right-of-way and for all base stations:

a.    The proposed collocation or modification increases the overall height more than ten percent or ten feet (whichever is greater);

b.    The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

c.    The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

3.    For all proposed collocations and modifications:

a.    The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not to exceed four equipment cabinets;

b.    The proposed collocation or modification would defeat the concealment elements of the support structure; or

c.    The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this section.

d.    The proposed collocation or modification involves excavation outside of the existing leased or licensed area upon which the existing WCF sits, and/or excavation outside of the existing pad upon which ground-mounted equipment is affixed.

The thresholds and conditions for a “substantial change” described in this section are disjunctive; the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual wireless tower or base station. The cumulative limit is measured from the physical dimensions of the original structure for base stations and all sites in the public right-of-way, and from the smallest physical dimensions that existed on or after February 22, 2012, for wireless towers on private property.

FF.    “Small wireless facility” or “small cell” is a WCF which meets each of the following conditions:

1.    The support structure or wireless tower on which the facility’s antennas are mounted is:

a.    Fifty feet or less in height;

b.    No more than ten percent taller than adjacent structures; or

c.    In the case of collocation, not extended to a height of more than ten percent above its height prior to the collocation; and

2.    Each antenna is no more than three cubic feet in volume; and

3.    All antenna equipment associated with the facility is cumulatively no more than twenty-eight cubic feet in volume.

GG.    “Structure” shall mean anything constructed or erected that requires location on the ground or attached to something having location on the ground, but not including outdoor fixtures or hardscape. Examples of a structure include, but are not necessarily limited to, any dwelling, building, accessory dwelling unit, garage, carport, toolhouse, guesthouse, greenhouse, pool house, satellite dish antenna, solar collector panel, tree house or other play structure, swimming pool, tennis court, play court, and deck. For purposes of this chapter, the definition of “structure” does not include utility poles or any other pole or structure otherwise defined within this section.

HH.    “Support equipment” shall mean the physical, electrical and/or electronic equipment included within a wireless communications facility used to house, power, and/or process signals from or to the antenna or antennas but specifically excluding the base station.

II.    “Support structure(s)” shall mean a structure, outdoor fixture, tower, or utility pole capable of safely supporting a WCF, but does not necessarily include a wireless tower or base station.

JJ.    “Tolling agreement” shall mean an agreement between the City and an applicant proposing a new or modified WCF to postpone the deadline to make a final determination on the permit application and waive any claims or rights against each other during that period.

KK.    “Transmission equipment” shall mean any equipment that facilitates transmission for any FCC licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other relevant equipment associated with and necessary to their operation, including coaxial or fiber-optic cable and associated conduit housing, and regular and backup power supply.

LL.    “Unipole” shall mean a uniform width pole with one or more antennas and associated equipment and cables contained within the interior of the pole, and with a radome at the top of the pole being the same width as the pole.

MM.    “Utility box” shall mean any transformer, switch box, telephone, cable television box, service panel, meter or similar device, either ground-mounted or mounted to a support structure.

NN.    “Utility pole” shall mean a steel or wood pole or structure located in the right-of-way and dedicated to use by multiple utilities and providers of communications franchised by the State or City.

OO.    “Whip antenna” shall mean an omni-directional antenna.

PP.    “Wireless” shall mean any FCC licensed or authorized communication service transmitted over frequencies in the electromagnetic spectrum.

QQ.    “Wireless communications facility” or “WCF” shall mean a facility used to “provide personal wireless services” as defined at 47 U.S.C. Section 332(c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services; or any other FCC-licensed or authorized service. A WCF does not include a facility entirely enclosed within a permitted building outside of the right-of-way where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of this Code. A WCF consists of an antenna or antennas, including, but not limited to, directional, omni-directional and parabolic antennas, base station, support equipment, and (if applicable) a wireless tower. It does not include the support structure to which the WCF or its components are attached. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or handheld radios/telephones and their associated transmitting antennas, nor does it include other facilities specifically excluded from the coverage of this chapter.

RR.    “Wireless tower” or “tower” shall mean any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities. This does not include structures that were installed to replace or collocate upon existing power poles, light poles, energy transmission towers, or buildings. A support structure, which is modified or replaced to allow for the installation of transmission equipment, retains its prior use as its primary use, and the wireless use is only a secondary use thereof, even if the transmission equipment is the only attachment to the support structure. (Ord. 1566 (Exh. B (part)), 2020; Ord. 1539 (Exh. A (part)), 2019)

The specific purposes of this chapter are to:

A.    Reduce the amount of traffic generated by new development and the expansion of existing development;

B.    Promote the more efficient utilization of existing transportation facilities and ensure that new developments are designed in ways to maximize the potential for alternative transportation usage; and

C.    Establish an ongoing monitoring and enforcement program to ensure that the City’s desired alternative mode use percentages are achieved. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The requirements of this chapter apply to:

A.    New multi-unit development of ten units or more;

B.    New nonresidential development of ten thousand square feet or more;

C.    Additions to nonresidential buildings that are ten thousand square feet or more in size that expand existing gross floor area by ten percent or more; and

D.    Establishment of a new use, change of use, or change in operational characteristics in a building that is ten thousand square feet or more in size that results in an average daily trip increase of more than ten percent of the current use, based on the most recent Institute of Traffic Engineers (ITE) trip generation rates. (Ord. 1438 § 4 (Exh. A (part)), 2011)

All projects subject to the requirements of this chapter shall incorporate measures to meet vehicle trip generation rates that are twenty percent lower than the standard rates as established in the most recent edition of the Institute of Transportation Engineers (ITE) trip generation manual. (Ord. 1438 § 4 (Exh. A (part)), 2011)

All projects subject to the requirements of this chapter shall implement any combination of the following measures to achieve the required minimum vehicle trip generation reduction. Guidelines listing the number of trips that are reduced per trip reduction measure are available from the City/County Association of Governments of San Mateo County.

A.    Passenger Loading Zones. Passenger loading zones for carpool and vanpool drop-off located near the main building entrance.

B.    Direct Route to Transit. A well-lighted path or sidewalk utilizing the most direct route to the nearest transit or shuttle stop from the building.

C.    Pedestrian Connections. Safe, convenient pedestrian connections provided from the project to surrounding public streets and, if applicable, trails. Under this requirement, lighting, landscaping and building orientation are designed to enhance pedestrian safety.

D.    Bicycle Connections. If a site is abutting a bicycle path, lane or route, provision of a bicycle connection close to an entrance to the building on the site.

E.    Land Dedication for Transit/Bus Shelter. Where appropriate, land dedicated for transit or a bus shelter provided based on the proximity to a transit route.

F.    Long-Term Bicycle Parking. Covered and secure long-term bicycle parking located within seventy-five feet of a main entrance. Long-term bicycle parking must be in at least one of the following facilities:

1.    An enclosed bicycle locker;

2.    A fenced, covered, locked or guarded bicycle storage area; or

3.    A rack or stand inside a building that is within view of an attendant or security guard or visible from employee work areas.

G.    Short-Term Bicycle Parking. Secure short-term bicycle parking located within fifty feet of a main entrance to the building.

H.    Free Preferential Carpool and Vanpool Parking. Ten percent of vehicle spaces reserved for carpools or vanpools, with a minimum of one space required. The preferential parking spaces shall be provided free of charge.

I.    Showers/Clothes Lockers. Shower and clothes locker facilities free of charge.

J.    Transportation Management Association (TMA). Participation in or requirement for tenant to participate in a local TMA, the Peninsula Congestion Relief Alliance (Alliance) or a similar organization approved by the Director, that provides ongoing support for alternative commute programs.

K.    Paid Parking at Prevalent Market Rates. Parking provided at a cost equal to the prevalent market rate, as determined by the City based on a survey of paid parking in the City and adjacent communities.

L.    Alternative Commute Subsides/Parking Cash Out. Provide employees with a subsidy, determined by the applicant and subject to review by the Director, if they use transit or commute by other alternative modes.

M.    Carpool and Vanpool Ride-Matching Services. Matching of potential carpoolers and vanpoolers by administering a carpool/vanpool matching program.

N.    Guaranteed Ride Home. Guaranteed rides home in emergency situations for carpool, vanpool and transit riders. Rides shall be provided either by a transportation service provider (taxi or rental car) or an informal policy using company vehicles and/or designated employees.

O.    Shuttle Program. Provision of a shuttle program or participation in an existing shuttle program approved by the Director and subject to any fees for the existing program.

P.    Information Boards/Kiosks. Display of the following information in a prominent location, maintained by a designated TDM contact: transit routes and schedules; carpooling and vanpooling information; bicycle lanes, routes and paths and facility information; and alternative commute subsidy information.

Q.    Promotional Programs. Promotion and organization of events for the following programs: new tenant and employee orientation packets on transportation alternatives; flyers, posters, brochures, and emails on commute alternatives; transportation fairs; Spare the Air (June through October); Rideshare Week (October); trip planning assistance routes and maps.

R.    Compressed Work Week. Allow employees or require tenants to allow employees to adjust their work schedule in order to complete the basic work requirement of five eight-hour workdays by adjusting their schedule to reduce vehicle trips to the worksite.

S.    Flextime. Provide or require tenants to provide employees with staggered work hours involving a shift in the set work hours of all employees at the workplace or flexible work hours involving individually determined work hours.

T.    On-Site Amenities. One or more of the following amenities provided on site: ATM, day care, cafeteria, limited food service establishment, dry cleaners, exercise facilities, convenience retail, post office, on-site transit pass sales.

U.    Telecommuting. Provide or require tenants to provide opportunities and the ability for employees to work off site.

V.    Other Measures. Additional measures not listed in this chapter, such as child care facilities or an in-lieu fee that would be negotiated in a development agreement with the City. (Ord. 1438 § 4 (Exh. A (part)), 2011)

All projects subject to the requirements of this chapter shall submit a transportation demand management plan in conjunction with the development application. These plans must demonstrate that, upon implementation, they will achieve the required alternative mode use and shall include the following.

A.    Checklist. A completed checklist of the trip reduction measures chosen by the applicant pursuant to Section 18.25.040, Trip reduction measures.

B.    Trip Generation. Estimated daily trip generation for the proposed use based on the ITE trip generation rates.

C.    Implementation Plan. A description of how the applicable minimum alternative mode use will be achieved and maintained over the life of the project, including, but not limited to, the transportation demand management goals targeted for the various measures.

D.    Designated TDM Contact. Designation of an employee or resident as the official contact for the transportation demand management program. The City shall be provided with a current name and phone number of the designated TDM contact who administers carpool and vanpool ride-matching services and promotional programs, updates information on the information boards/kiosks, and is the official contact for the administration of the annual survey and triennial report.

E.    Site Plan. A site plan that designates transportation demand management design elements including:

1.    External: preferential parking areas, paid parking areas, bicycle connections, bicycle parking, location of on-site amenities, passenger loading areas, land dedicated for transit facilities and bus shelters, direct route to transit, and pedestrian connections.

2.    Internal: showers/lockers, information boards/kiosks, ATM, dry cleaners, day care, convenience retail, post office, cafeteria, limited food service establishment, exercise facilities, on-site transit pass sales. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Prior to approval of a permit for a project subject to the requirements of this chapter, the review authority shall make both of the following findings:

A.    The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation; and

B.    The proposed performance guarantees will ensure that the target alternative mode use established for the project by this chapter will be achieved and maintained. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Minor Modifications. The Director may approve minor modifications to an approved transportation demand management plan that are consistent with the original findings and conditions approved by the review authority and would result in the same target minimum alternative mode use.

B.    Changed Plans. A change in an approved project that would result in the addition of ten percent of the building area or a ten percent increase in the number of average daily trips shall be treated as a new application. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A report, documenting the TDM activities undertaken and their results, shall be submitted to the Director annually at the responsibility of the applicant. A five-year review shall evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program’s objectives, per the Director’s review and approval. The Director may impose reasonable changes to assure the program’s objectives will be met. (Ord. 1438 § 4 (Exh. A (part)), 2011)