The purpose of this chapter is to identify the bodies, officials, and administrators with designated responsibilities under various chapters of the Zoning Ordinance. Subsequent chapters of Article IV provide detailed information on procedures, applications, and permits, including zoning and General Plan text and map amendments, establishment of fees, and enforcement. When carrying out their assigned duties and responsibilities, all bodies, administrators, and officials shall interpret and apply the provisions of this title as minimum requirements adopted to implement the policies and achieve the objectives of the General Plan. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

The powers and duties of the City Council under this title include but are not limited to the following:

A.    Consider and adopt, reject or modify amendments to the General Plan map and text pursuant to the provisions of Chapter 18.34, Amendments to General Plan, and of the Government Code, following a public hearing and recommended action by the Planning and Transportation Commission.

B.    Consider and adopt amendments to the Zoning Map and to the text of this title pursuant to the provisions of Chapter 18.35, Amendments to Zoning Ordinance and Map, and the Government Code, following a public hearing and recommended action by the Planning and Transportation Commission.

C.    Adopt guidelines and objective design standards for compliance review and design review pursuant to Chapter 18.29, Design Review and Objective Design Standards Compliance Review.

D.    Hear and decide proposals to revoke permits, pursuant to Section 18.27.140, Revocation of permits, following a public hearing and recommended action by the Planning and Transportation Commission.

E.    Hear and decide applications for development agreements, pursuant to Chapter 18.37, Development Agreements.

F.    Hear and decide appeals from decisions of the Planning and Transportation Commission on use permits, variances, objective design standards deviation requests, and any other permits that can be appealed, pursuant to Section 18.27.150, Appeals.

G.    Hear and decide appeals on environmental determinations by the Director or the Planning and Transportation Commission, pursuant to Section 18.27.050, Environmental review.

H.    Appoint and remove members of the Planning and Transportation Commission as provided for in Title 2, Administration and Personnel.

I.    Establish, by resolution, a municipal fee schedule listing fees, charges, and deposits for various applications and services provided pursuant to this title. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

The Planning and Transportation Commission is established and organized pursuant to Chapter 2.24, Commissions, and the requirements of the Government Code. The powers and duties of the Planning and Transportation Commission under this title include but are not limited to the following:

A.    Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the General Plan map and text, pursuant to Chapter 18.34, Amendments to General Plan.

B.    Annually review progress towards implementation of the General Plan and recommend to the City Council changes needed due to new legislation, development trends and changing economic, social and environmental conditions.

C.    Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the Zoning Map and to the text of this title, pursuant to Chapter 18.35, Amendments to Zoning Ordinance and Map.

D.    Approve, conditionally approve, modify or deny conditional use permits and variances, pursuant to Chapter 18.30, Use Permits, and Chapter 18.32, Variances.

E.    Hear and decide on modifications to approved conditional use permits, variances, and objective design standards compliance review permits, pursuant to Section 18.27.130, Modification of approved plans.

F.    Conduct hearings and make recommendations to the City Council on applications for preliminary development plans, pursuant to Chapter 18.36, Planned Development.

G.    Conduct hearings and make recommendations to the City Council on proposed revocations of permits, pursuant to Section 18.27.140, Revocation of permits.

H.    Hear and decide appeals from decisions of the Community Development Director or the Zoning Administrator on decisions, determinations, or interpretations made in the enforcement of this title and any other decisions that are subject to appeal, pursuant to Section 18.27.150, Appeals.

I.    Make environmental determinations on any approvals it grants that are subject to environmental review under the California Environmental Quality Act and the City of San Carlos’ adopted environmental review guidelines pursuant to the State law and the procedures in Section 18.27.050, Environmental review.

J.    Prepare and recommend to the City Council for adoption guidelines for conducting design and compliance review, pursuant to Chapter 18.29, Design Review and Objective Design Standards Compliance Review.

K.    Conduct design review, compliance review for projects with five (5) or more residential units, all single-family deviation requests, and all major deviation requests located pursuant to Chapter 18.29, Design Review and Objective Design Standards Compliance Review.

L.    Such other duties and powers as assigned or directed by the City Council. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

The powers and duties of the Community Development Director (the “Director”) under this title include but are not limited to the following:

A.    Maintain and administer the Zoning Ordinance, including processing of applications, abatements and other enforcement actions.

B.    Interpret the Zoning Ordinance to members of the public and to other City departments.

C.    Prepare and effect rules and procedures necessary or convenient for the conduct of the Director’s business. These rules and procedures must be as approved by a resolution of the City Council following review and recommendation of the Planning and Transportation Commission. They may include the administrative details of hearings officiated by the Director (e.g., scheduling, rules of procedure and recordkeeping).

D.    Issue administrative regulations for the submission and review of applications subject to the requirements of this title and Government Code Section 65950, Deadlines for Project Approval Conformance; Extensions.

E.    Review applications for permits and licenses for conformance with this title and issue a zoning clearance when the proposed use, activity or building is allowed by right and conforms to all applicable development and use standards.

F.    Review applications for discretionary permits and approvals under this title for conformance with applicable submission requirements and time limits.

G.    Review applications for discretionary permits and approvals to determine whether the application is exempt from review under the California Environmental Quality Act and the City’s environmental review requirements and notify the applicant if any additional information is necessary to conduct the review.

H.    Process and make recommendations to the City Council on all applications, amendments, appeals and other matters upon which the Council has the authority and the duty to act under this title.

I.    Process and make recommendations to the Planning and Transportation Commission on all applications, appeals and other matters upon which the Commission has the authority and the duty to act under this title.

J.    Conduct design review and/or objective design standards compliance review for projects with four (4) or fewer units, hear and decide proposals for objective design standards compliance review, major and minor compliance review deviation and modification requests, and Director’s review requests pursuant to Chapter 18.29, Design Review and Objective Design Standards Compliance Review.

K.    Refer items to the Planning and Transportation Commission where, in their opinion, the public interest would be better served by a Planning and Transportation Commission public hearing and action.

L.    Approve, conditionally approve, modify or deny requests for tree removal, pursuant to Section 18.18.070(C), Protected Tree Removal Permit.

M.    Approve, conditionally approve, modify or deny requests for waivers to dimensional requirements, pursuant to Chapter 18.33, Waivers.

N.    Negotiate the components and provisions of development agreements for recommendation to the City Council.

O.    Serve as staff of the Planning and Transportation Commission.

P.    Investigate and make reports to the Planning and Transportation Commission on violations of permit terms and conditions when the City has initiated revocation procedures.

Q.    Delegate administrative functions as he/she so deems to members of the Planning Division.

R.    Appoint a Zoning Administrator pursuant to Section 18.26.060, Zoning Administrator.

S.    Other duties and powers as may be assigned by the City Council or established by legislation. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

The Zoning Administrator is a City staff member appointed by the Director with the following powers and duties:

A.    Hear and decide applications for minor use permits, modifications to conditions of approved minor use permits, and time extensions of use permits, pursuant to Chapter 18.30, Use Permits.

B.    Approve, conditionally approve, modify or deny applications for temporary use permits, pursuant to Chapter 18.31, Temporary Use Permits.

C.    Hear and decide requests for minor modifications to approved permits, pursuant to Section 18.27.130, Modification of approved plans.

D.    Refer items to the Planning and Transportation Commission where, in their opinion, the public interest would be better served by a Planning and Transportation Commission public hearing and action.

E.    Other duties and powers as may be assigned by the Director. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

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

This chapter establishes procedures that are common to the application and processing of all permits and approvals provided for in this title, unless superseded by specific requirement of this title or State law. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Applicant. The owner of property or the owner’s authorized agent. If the application is made by someone other than the owner or the owner’s agent, proof, satisfactory to the Director, of the right to use and possess the property as applied for, shall accompany the application.

B.    Application Forms and Materials.

1.    Application Forms. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this title.

2.    Supporting Materials. The Director may require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act.

3.    Availability of Materials. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.

C.    Application Fees.

1.    Schedule of Fees. The City Council shall approve by resolution a municipal fee schedule that establishes fees for permits, informational materials, penalties, copying, and other such items.

2.    Payment of Fees. No application shall be accepted as complete and processed without payment of a fee unless a fee waiver has been approved.

3.    Multiple Applications. The City’s processing fees are cumulative. For example, if an application for design review also includes a conditional use permit, both fees shall be charged.

4.    Fee Waiver. No fee shall be required when the applicant is the City, or if it is waived under any other provision of the municipal code.

5.    Refund of Fees. Application fees are nonrefundable unless otherwise provided for in the San Carlos Municipal Code or by policy of the City Council. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Pre-application review is a review process that is intended to provide information on relevant policies, zoning regulations, and procedures. This review is recommended for residential or mixed-use projects with five (5) or more residential units, for large or complex projects, or projects that are potentially controversial. The Director may require a pre-application for nonresidential projects.

A.    Exemption from Permit Streamlining Act. Pre-application review is not subject to the requirements of the California Permit Streamlining Act (the Act). An application that is accepted for pre-application review shall not be considered complete pursuant to the requirements of the Act unless and until the Director has received an application for approval of a development project, reviewed it, and determined it to be complete under Section 18.27.040, Review of applications.

B.    Review Procedure. The Planning Division shall conduct pre-application review. The Director may consult with or request review by any City agency or official with interest in the application.

C.    Recommendations Are Advisory. Neither the pre-application review nor the provision of information and/or pertinent policies shall be construed as a recommendation for approval or denial of the application by City representatives. Any recommendations that result from pre-application review are considered advisory only and shall not be binding on either the applicant or the City. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Review Process. The Director shall determine whether an application is complete within thirty (30) days of the date the application is filed with the required fee.

B.    Incomplete Application. If an application is incomplete, the Director shall provide written notification to the applicant listing the applications for permit(s), forms, information and any additional fees that are necessary to complete the application.

1.    Zoning Ordinance Violations. An application shall not be found complete if conditions exist on the site in violation of this title or any permit or other approval granted in compliance with this title, unless the proposed project includes the correction of the violations.

2.    Appeal of Determination. Determinations of incompleteness are subject to the provisions of Section 18.27.150, Appeals, except there shall be a final written determination on the appeal not later than sixty (60) days after receipt of the appeal. The fact that an appeal is permitted to both the Planning and Transportation Commission and the City Council does not extend the sixty (60) day period.

3.    Submittal of Additional Information. The applicant shall provide the additional information within the time limit specified by the Director, which must be no sooner than thirty (30) days. The Director may grant one extension of up to ninety (90) days.

4.    Expiration of Application. If an applicant fails to correct the specified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn. After the expiration of an application, project review shall require the submittal of a new, complete application, along with all required fees.

C.    Complete Application. When an application is determined to be complete, the Director shall make a record of that date. If an application requires a public hearing, the Director shall schedule it and notify the applicant of the date and time.

D.    Extensions. The Director may, upon written request and for good cause, grant extensions of any time limit for review of applications imposed by this title. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

As part of the review to determine whether an application for a development project is complete, the Director shall conduct a preliminary assessment of potential environmental issues. The purpose of this review is to help the City decide if the project is subject to environmental review and, if so, which issues may require analysis. An application subject to environmental review pursuant to the California Environmental Quality Act (CEQA) shall not be considered complete until the applicant has submitted all studies and other documentation the Director has deemed necessary to make an environmental determination together with all required fees. Environmental review shall be conducted pursuant to the State CEQA Guidelines unless otherwise stated in this section.

A.    Review for Exemption. If the Director determines that the application is subject to review under CEQA, within thirty days after determining that the application is complete, he shall determine if the project is exempt from environmental review pursuant to State law, CEQA Guidelines and any environmental guidelines that the City has adopted in compliance with CEQA.

1.    If the Director has determined that a project is exempt from environmental review under CEQA, such determination shall be announced in any required public notice. The notice shall include a citation to the State Guidelines section or statute under which it is found to be exempt.

2.    Following approval of a project that is exempt from CEQA review, the Director or the applicant may file a notice of exemption with the San Mateo County Clerk. The applicant for a private project shall be responsible for any fees required to file such notice.

3.    A determination of exemption by any decision-making authority other than the City Council may be appealed to the City Council in the same manner provided for other appeals in Section 18.27.150, Appeals.

B.    Environmental Review Application. If the proposed project is not exempt from environmental review, the applicant shall submit an application for environmental review accompanied by the required fee. After receiving an environmental review application, the Director shall determine whether to require preparation of an environmental impact report (EIR) or negative declaration or mitigated negative declaration. In order to make this determination, the Director shall prepare, with his/her own staff or by contract with a consultant chosen by the City, an initial study at the applicant’s expense. If the Director and project applicant agree that an EIR is necessary, an initial study is not required.

C.    Preparation of Initial Study. The initial study shall consider all phases of project planning, implementation, and operation and may rely upon expert opinion supported by facts, including documentation submitted by the applicant, technical studies, or other substantial evidence to document its findings regarding the project’s potential impacts. Following completion of the initial study, the Director shall notify the applicant in writing of changes to the project that staff has deemed necessary to reduce or avoid the significant effects identified in the initial study. Within thirty days following the date of the letter, the applicant shall provide written notification to the Director indicating that the proposed modifications are acceptable or shall propose alternative measures that will achieve the same result. If the applicant does not agree to revise the project, an EIR shall be prepared.

D.    Determination of Environmental Significance. Based on the initial study, the Director will make one of the following findings:

1.    The project will have no significant impacts on the environment, and a negative declaration will be prepared;

2.    The project has been modified to mitigate potential environmental impacts to a level of insignificance and a mitigated negative declaration will be prepared; or

3.    The proposed project will have, or may have, significant impact(s) and an EIR will be required.

E.    Public Notice of Environmental Determination. If the Director has determined that the proposed project will not have a significant effect on the environment, the Director, at the applicant’s expense, shall prepare a negative declaration for public review. If the applicant has agreed to incorporate mitigation measures in order to reduce environmental impacts to a point of insignificance, the Director shall prepare a mitigated negative declaration for public review. The Director shall provide public notice of the proposed environmental determination for a period of at least twenty days at the same time and in the same manner required for the underlying permit in accordance with this chapter.

F.    Preparation of a Draft EIR. If it is determined that an EIR is required, the Director shall prepare, distribute, and post a notice of intent to prepare an EIR. The purpose of this notice is to inform interested parties that an EIR is being prepared, and to seek guidance about significant environmental issues and mitigation measures that should be explored. The applicant or any aggrieved party who believes that a negative declaration, rather than an EIR, should be prepared for the proposed project may appeal to the City Council within ten days after the notice has been posted. The City Council’s decision shall be final. The City will prepare the draft EIR with its own staff or by contract with a consultant chosen by the City. The applicant shall pay the cost of preparing an EIR and reasonable costs for administering the work of outside consultants.

G.    Public Review of Draft EIR. Following completion of a draft EIR, the Director shall prepare and post a notice of completion initiating a minimum thirty-day public review period or forty-five days if the project is subject to review by a State agency. The Director shall mail a notice of the availability of a draft EIR to those requesting such notice in writing, to local and regional agencies, and interested Federal agencies. The City shall make copies of the draft EIR available for public review at the Planning Division office during regular office hours and at the San Carlos Public Library.

H.    Final EIR. After the public review period has expired, the City or its consultant will prepare a final EIR for certification by the decision-making bodies responsible for action on the project. The final EIR will consist of the draft EIR, all of the comments received, a list of persons, organizations and public agencies commenting on the draft EIR, and a response from the City on significant environmental issues raised in the draft EIR and comments.

I.    Responsibility for Action on Environmental Document. Any City official or body responsible for taking action on a project for which a negative or mitigated negative declaration or EIR has been prepared shall use the environmental assessment to make its decision on the development proposal. If the project is approved, the decision-maker shall impose conditions to mitigate any adverse environmental impacts. The decision-maker responsible for action on an application for a development permit shall approve the negative declaration or mitigated negative declaration or certify the final EIR prior to the time the project is considered for approval. The decision-maker may decline to approve or certify the environmental document and request further review or analysis if, in its judgment, approval of the negative declaration or mitigated negative declaration or certification of the final EIR would not comply with the requirements of CEQA and applicable State and local environmental review requirements. Approval of a negative declaration or mitigated negative declaration or certification of a final EIR shall be deemed to be a finding that the document has been prepared in compliance with CEQA and State and local CEQA guidelines and not an approval of a project.

J.    Mitigation Monitoring and Reporting Program. The City shall approve a mitigation monitoring and reporting program (MMRP) for all projects that it approves with a mitigated negative declaration or a final EIR. The purpose of the MMRP is to ensure that the project applicant complies with all of the provisions or changes identified as mitigation measures during implementation of the project.

1.    Submittal and Approval. The MMRP shall be prepared and considered as part of a mitigated negative declaration or EIR.

2.    Enforcement. Failure to comply with the conditions and requirements of an approved MMRP shall be considered a violation of the conditions of approval of a project, subject to enforcement under this title.

3.    Amendment of Mitigation Program Not Permitted Following Adoption. Unless specifically authorized or required by the conditions of project approval, neither CEQA nor this title authorize the City to modify or add mitigation measures if the MMRP shows that the mitigation measures have not achieved the desired result.

K.    Appeals. Notwithstanding other provisions of this title, the applicant or any aggrieved person may appeal the following environmental determinations directly to City Council in the manner described in Section 18.27.150, Appeals, unless the City Council is the approving authority for the project:

1.    Determination that a project is or is not subject to environmental review.

2.    Determination that a project is exempt from environmental review.

3.    Approval of a negative declaration or mitigated negative declaration.

4.    Certification of a final EIR. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Unless otherwise specified, whenever the provisions of this title require public notice, the City shall provide notice in compliance with State law as follows:

A.    Mailed Notice. At least ten (10) days before the date of the public hearing, the Director, or the City Clerk for hearings before the City Council, shall provide notice by first-class mail delivery to:

1.    The applicant, the owner, and any occupant of the subject property;

2.    All property owners of record within a minimum three hundred (300) foot radius of the subject property as shown on the latest available assessment roll or a larger radius if deemed necessary by the Director in order to provide adequate public notification;

3.    All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located; and

4.    Any person or group who has filed a written request for notice regarding the specific application.

B.    Posted Notice. Notices shall be posted at three (3) public places within the City of San Carlos. In addition, the applicant shall erect a temporary sign or post a poster, in a format approved by the Planning Division, in a prominent place on the site for the ten (10) days prior to the hearing.

C.    Newspaper Notice. At least ten (10) days before the date of the public hearing the Director, or the City Clerk for hearings before the City Council, shall publish a notice in at least one (1) newspaper of general circulation in the City.

D.    Alternative Method for Large Mailings. If the number of owners to whom notice would be mailed or delivered is greater than one thousand (1,000), instead of mailed notice, the Director or City Clerk may provide notice by placing a display advertisement of at least one-eighth (1/8) page in at least one (1) newspaper of general circulation in the City at least ten (10) days prior to the hearing.

E.    Contents of Notice. The notice shall include the following information:

1.    The location of the real property, if any, that is the subject of the application;

2.    A general description of the proposed project or action;

3.    The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4.    The identity of the hearing body or officer;

5.    The names of the applicant and the owner of the property that is the subject of the application;

6.    The location and times at which the complete application and project file, including any environmental impact assessment prepared in connection with the application, may be viewed by the public;

7.    A statement that any interested person or authorized agent may appear and be heard;

8.    A statement describing how to submit written comments; and

9.    For Council hearings, the Planning and Transportation Commission recommendation.

F.    Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1443 § 4 (Exh. A (part)), 2012; Ord. 1438 § 4 (Exh. A (part)), 2011)

Whenever the provisions of this title require a public hearing, the hearing shall be conducted in compliance with the requirements of State law as follows:

A.    Generally. Hearings shall be conducted pursuant to procedures adopted by the hearing body. They do not have to be conducted according to technical rules relating to evidence and witnesses.

B.    Scheduling. Hearings before the City Council shall be scheduled by the City Clerk. All other hearings shall be scheduled by the Director.

C.    Presentation. An applicant or an applicant’s representative may make a presentation of a proposed project.

D.    Public Hearing Testimony. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing representing an organization shall identify the organization being represented.

E.    Time Limits. The presiding officer may establish time limits for individual testimony and require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

F.    Continuance of Public Hearing. The body conducting the public hearing may by motion continue the public hearing to a fixed date, time and place or may continue the item to an undetermined date and provide notice of the continued hearing.

G.    Investigations. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest in any matter to be heard by it. Such investigation may be made by a committee of one or more members of the hearing body or by City staff. The facts established by such investigation shall be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

H.    Decision. The public hearing must be closed before a vote is taken. (Ord. 1438 § 4 (Exh. A (part)), 2011)

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under this title, the responsible authority shall issue a notice of action and make findings of fact as required by this title.

A.    Date of Action. The responsible authority shall decide to approve, modify, revoke, or deny any discretionary permit following the close of the public hearing, or if no public hearing is required, within the time period set forth below. These deadlines do not apply to any action that has been appealed to the City Council in accordance with Section 18.27.150, Appeals. Time extensions may be granted pursuant to Section 18.27.120, Expiration and extension.

1.    Project Exempt from Environmental Review. Within thirty (30) days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from environmental review per State CEQA requirements.

2.    Project for Which a Negative Declaration or Mitigated Negative Declaration Is Prepared. Within sixty (60) days of the date a negative declaration or mitigated negative declaration has been completed and adopted for project approval, the City shall take action on the accompanying discretionary project.

3.    Project for Which an EIR Is Prepared. Within one hundred eighty (180) days from the date the decision-making authority certifies a final EIR, the City shall take action on the accompanying discretionary project.

B.    Notice of Action. After the Director or Planning and Transportation Commission takes any action to approve, modify, or deny an application that is subject to appeal under the terms of this title, the Director shall issue a notice of action. The notice shall describe the action taken, including any applicable conditions, and shall list the findings that were the basis for the decision. The Director shall file the notice with the City Clerk and mail the notice to the applicant and to any other person or entity that has filed a written request for such notification with the Planning Division.

C.    Findings. Findings, when required by State law or this title, shall be based upon consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action on the permit. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Disclosure of Communications. Any official who receives an ex parte communication, or engages in any other exchange of information covered by this section or who participates in a site visit shall place the communication in the public record or shall enter into the record a statement describing the time, place, and content of the communication.

B.    Applicability. Ex parte communications are oral or written off-the-record communications made to or by members of the Commission or Council with applicants, neighbors, or other interested parties. Such contacts include, but are not limited to, one-on-one meetings, site visits, discussions, telephone calls, or email messages that occur outside of a public meeting of the body on which the City official serves at which the matter discussed has been publicly noticed. The provisions of this section also apply to meetings between ad hoc committees including less than a majority of the body’s total membership that the Planning and Transportation Commission or the City Council may establish to meet with applicants and/or surrounding property owners on a particular application.

C.    Exceptions. Ex parte communications do not include communications between City staff and elected or appointed City officials acting in their official capacity, the receipt of expert opinion, or the review of mail and other correspondence relating to the proceedings.

D.    Effect. Actions taken by the decision-making body are not invalidated by the occurrence of ex parte communication. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Scope. Any approval permits only those uses and activities actually proposed in the application, and excludes other uses and activities. Unless otherwise specified, the approval of a new use shall terminate all rights and approvals for previous uses no longer occupying the same site or location.

B.    Conditions of Approval. The site plan, floor plans, building elevations and/or any additional information or representations, whether oral or written, indicating the proposed structure or manner of operation submitted with an application or submitted during the approval process shall be deemed conditions of approval. Any approval may be subject to requirements that the applicant guarantees, warranties or insures that he will comply with the permit’s plans and conditions in all respects.

C.    Actions Voiding Approval. If the construction of a building or structure or the use established is contrary to the description or illustration in the application, so as to either violate any provision of this title or require additional permits, then the approval shall be deemed null and void.

D.    Periodic Review. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring or assessments, it shall be the responsibility of the permit holder, the property owner or successor property owners to comply with such conditions. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A final decision on an application for any discretionary approval subject to appeal shall become effective after the expiration of the ten (10) day appeal period following the date of action, unless an appeal is filed. No building permit or business license shall be issued until the eleventh day following the date of the action. If a different termination date is fixed at the time of granting, or if actual construction or alteration has begun under valid building permits, the ten (10) day period may be waived. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Expiration. The decision-maker, in the granting of any permit, may specify a time, consistent with the purposes of the use and necessary to safeguard the public safety, health and welfare, within which the proposed use must be undertaken and actively and continuously pursued. If no time period is specified, any permit granted under this title shall automatically expire if it is not exercised or extended within one (1) year of its issuance.

B.    Exercise of Use Permit. A permit for the use of a building or a property is exercised when a building permit has been submitted and is actively being reviewed. When a use permit does not require a building permit, a valid City business license shall suffice to exercise a use permit.

C.    Exercise of Building Permit. A permit for the construction of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

D.    Extensions. The Zoning Administrator may approve a two (2) year extension of any permit or approval granted under this title upon receipt of a written application with the required fee within one (1) year of the date of the approval. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

No change in the use or structure for which a permit or other approval has been issued is permitted unless the permit is modified as provided for in this title. For the purpose of this section, the modification of a permit may include modification of a design review or an objective design standards compliance review approval.

A.    Minor Modifications. The Zoning Administrator may approve minor changes to approved plans that are consistent with the original findings and conditions approved by the hearing body and would not intensify any potentially detrimental effects of the project.

1.    Objective Design Standards Compliance Review. The Director may approve minor modifications to approved plans that are consistent with the original objective design standards compliance review approved by the decision-making body and would not intensify or make the project inconsistent with the applicable objective design standards. The Director may refer a request for minor modification to the Zoning Administrator or Planning and Transportation Commission for a review and decision.

B.    Major Modifications. A request for changes in conditions of approval of a discretionary permit or a change in an approved site plan or building plan that would affect a condition of approval shall be treated as a new application, except that the Zoning Administrator may approve changes that he/she/they determines to be minor.

1.    Objective Design Standards Compliance Review. The Director may approve major modifications to approved plans that are consistent with the original objective design standards compliance review approved by the decision-making body and would not intensify or make the project inconsistent with the applicable objective design standards. The Director may refer a request for major modification to the Zoning Administrator or Planning and Transportation Commission for a review and decision. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

Any permit granted under this title may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A.    Initiation of Proceeding. Revocation proceedings may be initiated by the City Council, Planning and Transportation Commission, Director, or Zoning Administrator.

B.    Public Notice, Hearings and Action.

1.    Planning and Transportation Commission. After conducting a duly-noticed public hearing, the Planning and Transportation Commission shall make a recommendation on the proposed revocation within thirty (30) days.

2.    City Council. Within forty-five (45) days after receipt of the recommendation of the Planning and Transportation Commission, the City Council shall conduct a duly-noticed public hearing and act on the proposed revocation.

C.    Required Findings. The Planning and Transportation Commission may recommend and the City Council may revoke or modify the permit if it makes any of the following findings:

1.    The approval was obtained by means of fraud or misrepresentation of a material fact;

2.    The use, building, or structure has been substantially expanded beyond what is set forth in the permit or substantially changed in character;

3.    The use in question has ceased to exist or has been suspended for one (1) year or more;

4.    There is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this title, or any applicable law or regulation; or

5.    The use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.

D.    Notice of Action. Following City Council action to revoke or modify a permit, the City Clerk shall within seven (7) days issue a notice of action describing the Council’s action, with its findings. The City Clerk shall mail notice to the permit holder and to any person who requested the revocation proceeding. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Applicability. Any action by the Zoning Administrator, Director, or Planning and Transportation Commission in the administration or enforcement of the provisions of this title may be appealed in accordance with this section.

1.    Appeals of Zoning Administrator Decisions. Decisions of the Zoning Administrator may be appealed to the Planning and Transportation Commission by filing a written appeal with the Planning Division.

2.    Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning and Transportation Commission by filing a written appeal with the Planning Division.

3.    Appeals of Planning and Transportation Commission Decisions. Decisions of the Planning and Transportation Commission may be appealed to the City Council by filing a written appeal with the City Clerk.

B.    Rights of Appeal. Appeals may be filed by the applicant, by the owner of property, or by any other person aggrieved by a decision that is subject to appeal under the provisions of this title.

C.    Time Limits. Unless otherwise specified in State or Federal law, all appeals shall be filed in writing within ten (10) days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period shall end at the close of business on the next consecutive business day.

D.    Procedures.

1.    Filing. The appeal shall identify the decision being appealed and shall clearly and concisely state the reasons for the appeal. The appeal shall be accompanied by the required fee.

2.    Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

3.    Transmission of Record. The Director, or in the case of appeals to the City Council, City Clerk, shall schedule the appeal for consideration by the authorized hearing body within forty-five (45) days of the date the appeal is filed. The Director shall forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The Director shall also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E.    Calls for Review. A majority of the City Council may call for review of a decision of the Director, Zoning Administrator, or Planning and Transportation Commission within the ten (10) day appeal period. The call for review shall be processed in the same manner as an appeal by any other person. Such action shall stay all proceedings in the same manner as the filing of an appeal. Such action shall not require any statement of reasons and shall not represent opposition to or support of an application or appeal.

F.    Standards of Review. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision. The appeal body may adopt the same decision and findings as were originally approved; it also may request or require changes to the application as a condition of approval.

G.    Public Notice and Hearing. Public notice shall be provided and the hearing conducted by the applicable appeal body pursuant to this chapter. Notice of the hearing shall also be given to the applicant and party filing the appeal and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning and Transportation Commission decision, notice of such appeal shall also be given to the Planning and Transportation Commission. The Planning and Transportation Commission may be represented at the hearing.

H.    Action. An action to grant an appeal shall require a majority vote of the hearing body members. A tie vote shall have the effect of rejecting the appeal. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

Requests for interpretations of this title and verifications relating to prior approvals or permits may be made to the Director. Requests shall be in writing. The decision of the Director on such requests may be appealed under Section 18.27.150, Appeals. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter establishes procedures for conducting a zoning clearance to verify that each new or expanded use, activity, or structure complies with all of the applicable requirements of this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A zoning clearance is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building, which are allowed as a matter of right by this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Before the City may issue any business license, building permit, subdivision approval, or lot line adjustment, the Director shall review the application to determine whether the use, building, or change in lot configuration complies with all provisions of this title or any design review, use permit or variance approval and that all conditions of such permits and approvals have been satisfied.

A.    Application. Applications and fees for a zoning clearance shall be submitted in accordance with the provisions set forth in Section 18.27.020, Application forms and fees. The Director may request that the zoning clearance application be accompanied by a written narrative, plans and other related materials necessary to show that the proposed development, alteration, or use of the site complies with all provisions of this title and the requirements and conditions of any applicable use permit or variance approval.

B.    Determination. If the Director determines that the proposed use or building is allowed as a matter of right by this title, and conforms to all the applicable development and use standards, the Director shall issue a zoning clearance. An approved zoning clearance may include attachments of other written or graphic information, including but not limited to statements, numeric data, site plans, floor plans and building elevations and sections, as a record of the proposal’s conformity with the applicable regulations of this title.

C.    Airport Land Use Compatibility Plan Consistency. When applicable, zoning clearance for any proposed development, alteration or change of use that is subject to the ALUCP shall include an applicability determination of Section 18.21.150, San Carlos Airport land use compatibility plan consistency. Where required, the applicant shall seek a consistency determination with Section 18.21.150.

D.    Exceptions. No zoning clearance shall be required for the continuation of previously approved or permitted uses and structures, or uses and structures that are not subject to any building or zoning regulations. (Ord. 1606 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

Zoning clearance decisions are subject to the appeal provisions of Section 18.27.150, Appeals. (Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter establishes design review and compliance review procedures to ensure that new development supports the General Plan’s goal of creating a vibrant pedestrian- and transit-oriented core and distinctive neighborhoods and districts with a diversity of building types that provide continuity in scale and character with appropriate transitions, where needed. The specific purposes of the design review and compliance review process are to:

A.    Promote excellence in site planning and design and the harmonious appearance of buildings and sites;

B.    Ensure that new and modified uses and development will be compatible with the existing and potential development of the surrounding area; and

C.    Supplement other City regulations and standards in order to ensure control of aspects of design that are not otherwise addressed. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

Design review or objective design standards compliance review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, deviations or exceptions from objective design standards or other improvements to the exterior of a structure, site, or a parking area except for:

A.    Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previous design review approval; and

B.    Additions of floor area within an existing building envelope not including accessory dwelling units or junior accessory dwelling units.

C.    As specified by the State law.

Compliance review is required for all residential improvement in the single-family (RS), multifamily (RM) and mixed-use (MU) districts or commercial districts subject to the objective design standards of the specified district. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1604 § 4 (Exh. B), 2023; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Planning and Transportation Commission. The Planning and Transportation Commission shall have design review and/or objective design standards compliance review authority for all projects requiring Planning and Transportation Commission approval (such as, but not limited to, all new projects that contain five (5) or more net new residential units, design review for new commercial development, conditional use permits, single-family deviations, major deviations or exceptions to the objective design standards, and variances).

B.    Director.

1.    The Director shall conduct compliance review of all projects with four (4) or less new units, any residential improvement in the RS districts subject to objective design standards, and any request for a minor deviation subject to the requirements of this chapter.

2.    Upon written request submitted within ten (10) calendar days of the compliance review decision, the Director shall conduct a Director’s review to verify whether the project complies with applicable objective design standards. This request may be submitted by the applicant or adjacent or directly facing neighbors of the project site. Such requests must provide a written statement to the City specifying which objective design standards they believe are not being met. The Director shall conduct verification of any compliance review decision.

3.    The Director shall have design review authority for all projects that do not meet subsection A of this section for a decision by the Planning and Transportation Commission, including outdoor dining and outdoor retail sales pursuant to Sections 18.23.140 and 18.23.150.

4.    The Director may refer items directly to the Planning and Transportation Commission when in his/her/their opinion the public interest would be better served by having the Planning and Transportation Commission conduct design review.

5.    If an application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with an application to create a new single-family or multifamily dwelling on the lot, staff may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until staff approves or denies the permit application to create the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1604 § 4 (Exh. B), 2023; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Forms and Fees. Written applications for design review and objective design standards compliance review applications shall be submitted to the Planning Division in compliance with the application procedures in Chapter 18.27, Common Procedures, and set forth in the compliance review guidelines.

B.    Objective Design Standards. Objective design standards, where applicable and adopted by the City Council, are intended to provide measurable and predictable standards for residential or residential mixed-use and multifamily development projects to promote cohesive building design, quality craftsmanship, and compatible building scale. As applicable, single-family, multifamily, and residential mixed-use projects shall undergo a compliance review process to ensure conformance with the objective design standards.

C.    Objective Design Standards Deviations. Proposed deviations or exceptions from the objective standards shall require design review and the review and approval of the Director or Planning and Transportation Commission as outlined below:

1.    Single-Family (RS) Districts.

a.    As outlined in Section 18.04.030(B), allowed deviations or exceptions from the following objective design standards shall require the review and approval of the Planning and Transportation Commission:

i.    Building articulation and massing;

ii.    Building materials and colors;

iii.    Building modification to preserve a protected tree unless a setback modification requires a variance;

iv.    Driveway location, width, and configuration;

v.    Entry location, connectivity, and treatments;

vi.    Garage location and setbacks;

vii.    Landscape design;

viii.    Roof form and detail;

ix.    Window treatment.

Standards not on this list shall not be eligible for a deviation or exception for single-family development projects.

2.    Multifamily (RM) and Mixed-Use (MU) Districts.

a.    The Director may, at his/her/their discretion, refer any application for a minor or major deviation from the objective design standards that may generate substantial public controversy or involve significant land use policy decisions to the Planning and Transportation Commission for a decision rather than acting on it himself/herself/themself.

b.    Major Deviations.

i.    All major deviation requests shall be reviewed and approved by the Planning and Transportation Commission.

ii.    Allowed major deviations or exceptions from the following objective design standards are outlined below:

1.    Massing breaks;

2.    Corner design;

3.    Roof variety;

4.    Transitional standards;

5.    Ground floor active uses/transparency;

6.    Landscaping;

7.    Ornamentation in lieu of massing and articulation;

8.    Other standards as deemed major by the Director and City Manager or his/her/their designee.

c.    Minor Deviations.

i.    All minor deviations shall be reviewed and approved by the Director and City Manager or his/her/their designee unless deemed to be a major deviation by the Director or specified otherwise.

ii.    Allowed minor deviations or exceptions from the following objective design standards are outlined below:

1.    Building entrances;

2.    Upper story stepbacks;

3.    Windows (including trim);

4.    Building materials;

5.    Street frontage improvements;

6.    Base, middle, and top;

7.    Street trees;

8.    Other as deemed minor by the Director and City Manager or his/her/their designee.

iii.    For projects with four (4) or less residential units: All minor deviations shall be reviewed and approved by the Director unless deemed to be a major deviation by the Director.

iv.    For projects with five (5) or more residential units: All minor deviation requests submitted with the compliance review application shall be reviewed and approved by the Planning and Transportation Commission.

D.    Design Guidelines. Design guidelines, where applicable and adopted by the City Council, provide recommendations to be used in the design review process. They are intended to promote high-quality design, well-crafted and maintained buildings and landscaping, the use of high-quality building materials, and attention to the design and execution of building details and amenities in both public and private projects.

E.    Concurrent Processing. When a development project requires a use permit, variance, or any other discretionary approval, the design review and/or compliance review application shall be submitted to the Planning Division as a part of the application for the underlying permit, use permit, deviation or exception to the objective design standards or variance.

F.    Peer Review. At the sole discretion of the Director, a project may be referred to an architect or design professional retained by the City to provide independent peer review of architectural plans and specifications, landscape plans, and related documents for consistency with the purposes of this section, the General Plan, adopted design guidelines, and the findings required in Section 18.29.070, Required findings. The applicant shall pay the reasonable actual cost and a reasonable administrative fee for hiring an approved architect or design professional to provide peer review.

G.    Public Notice.

1.    All applications for design review and objective design standards compliance review subject to review by the Director or his/her/their designee shall be required to perform noticing and outreach as outlined by the Planning Division within the compliance review procedures.

2.    All applications for design review and objective design standards compliance review subject to review by the Planning and Transportation Commission shall require public notice and hearing before the Planning and Transportation Commission pursuant to Chapter 18.27, Common Procedures.

H.    Alterations to Drawings. If alterations to the approved drawings are desired by the applicant, the drawings shall be resubmitted and processed according to the procedures established for approval of the original drawings.

I.    Private Architectural Review. Where deed restrictions or private property covenants, codes, and restrictions require review by a private architectural board, committee, or homeowners’ association, the review shall be accomplished by the applicant and the findings of the board or committee shall be transmitted in writing to the City prior to City action. Application to the board and transmission of its findings shall be the responsibility of the applicant, not the City. Conditions or requirements imposed pursuant to private covenants, restrictions, and regulations are not binding upon or enforced by the City unless approved by the City pursuant to the requirements of this chapter. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1574 § 4 (Exh. A), 2021; Ord. 1537 (Exh. D (part)), 2018: Ord. 1443 § 4 (Exh. A (part)), 2012; Ord. 1438 § 4 (Exh. A (part)), 2011)

Design review shall be based on consideration of the requirements of this chapter as they apply to the design of the site plan, structures, landscaping, and other physical features of a proposed project, including:

A.    Building proportions, massing, and architectural details;

B.    Site design, orientation, location, and architectural design of buildings relative to existing structures on or adjacent to the property, topography, and other physical features of the natural and built environment;

C.    Size, location, design, development, and arrangement of on-site parking and other paved areas;

D.    Exterior materials and, except in the case of design review of a single-family residence, color as they relate to each other, to the overall appearance of the project, and to surrounding development;

E.    Height, materials, design, and, except in the case of design review of a single-family residence, color of fences, walls, and screen plantings;

F.    Location and type of landscaping including selection and size of plant materials, design of hardscape, and irrigation; and

G.    Size, location, design, color, lighting, and materials of all signs. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

When conducting design review, the Director, Planning and Transportation Commission, or City Council shall evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan, the City’s design guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. To obtain design review approval, projects must satisfy these criteria to the extent they apply.

A.    The overall design of the project including its scale, massing, site plan, exterior design, and landscaping will enhance the appearance and features of the project site and surrounding natural and built environment.

B.    The project design is appropriate to the function of the project and will provide an attractive and comfortable environment for occupants, visitors, and the general community.

C.    Project details, materials, signage and landscaping are internally consistent, fully integrated with one another, and used in a manner that is visually consistent with the proposed architectural design.

D.    The project has been designed to be compatible with neighboring development by avoiding big differences in building scale and character between developments on adjoining lots in the same zoning district and providing a harmonious transition in scale and character between different districts.

E.    The project contributes to the creation of an attractive and visually interesting built environment that includes a variety of building styles and designs with well-articulated structures that present varied building facades, roof lines, and building heights within a unifying context that encourages increased pedestrian activity and promotes compatibility among neighboring land uses within the same or different districts.

F.    The design of streetscapes, including street trees, lighting, and pedestrian furniture, is consistent with the character of activity centers, commercial districts and nearby residential neighborhoods.

G.    The proposed design is compatible with the historical or visual character of any area recognized by the City as having such unified character.

H.    The project design preserves major public views and vistas from major public streets and open spaces and enhances them by providing areas to stroll, benches to rest and enjoy views, and similar amenities.

I.    Parking areas are designed and developed to buffer surrounding land uses; complement pedestrian-oriented development; enhance the environmental quality of the site, including minimizing stormwater run-off and the heat-island effect; and achieve a safe, efficient, and harmonious development.

J.    Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

K.    The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

L.    Landscaping is designed to be compatible with and enhance the architectural character and features of the buildings on site, and help relate the building to the surrounding landscape. Proposed planting materials avoid conflicts with views, lighting, infrastructure, utilities, and signage. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

The Director, Planning and Transportation Commission, or City Council may only approve a design review application if it finds that the application is consistent with the purposes of this chapter and with the following:

A.    The applicable standards and requirements of this title;

B.    The General Plan and any applicable specific plans the City Council has adopted;

C.    Any applicable design guidelines adopted by the City Council;

D.    Any approved tentative map, use permit, variance, or other planning or zoning approval that the project required; and

E.    The applicable design review criteria in Section 18.29.060, Design review criteria. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

In granting design review or objective design standards compliance review approval, the Director, Planning and Transportation Commission, or City Council may impose conditions that are reasonably related to the application and deemed necessary to achieve the purposes of this chapter and ensure compliance with the applicable criteria and standards established by this title. They may not impose requirements pertaining to use or that are more restrictive than the standards set forth in this title or a valid use permit or variance if such conditions would require a reduction in the residential density or the floor area ratio (FAR) of a proposed project. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Appeals. Design review decisions are subject to the appeal provisions of Section 18.27.150, Appeals.

B.    Expiration, Extensions and Modifications. Design review and compliance review approval is effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1537 (Exh. D (part)), 2018: Ord. 1438 § 4 (Exh. A (part)), 2011)

The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

Approval of a use permit is required for uses or developments specifically identified in Article II, Base and Overlay Districts, and/or any other section of this title which requires a use permit. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Conditional Use Permits. The Planning and Transportation Commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.

B.    Minor Use Permits. The Zoning Administrator shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter. The Zoning Administrator may, at his/her discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning and Transportation Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a conditional use permit. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

Applications for use permits shall be filed with the Planning Division on the prescribed application forms. In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 18.30.060, Required findings. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Conditional Use Permits. All applications for conditional use permits shall require public notice and hearing before the Planning and Transportation Commission pursuant to Chapter 18.27, Common Procedures.

B.    Minor Use Permits. All applications for minor use permits shall require public notice and hearing before the Zoning Administrator pursuant to Chapter 18.27, Common Procedures. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

The decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one (1) or more of the findings is grounds for denial of an application.

A.    The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the municipal code;

B.    The proposed use is consistent with the General Plan and any applicable specific plan;

C.    The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements;

D.    The proposed use complies with any design, objective design standards, or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title;

E.    The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and

F.    The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.

G.    Proposed projects located within the Landmark Commercial (LC) zoning district are subject to one (1) of the following additional findings, as applicable:

1.    Regional retail and destination-oriented uses must have significant beneficial results in employment growth and contribute to the economic sustainability of the City and implementation of the Economic Development Plan, and meet the economic objectives for landmark sites.

2.    Interim uses (uses other than regional retail and destination-oriented uses) shall be considered on an interim basis and shall entail use of existing buildings; erection of permanent buildings inconsistent with regional retail and destination-oriented uses shall not be permitted; additions or alterations to a building or site may be considered for health and safety purposes and limited to bring a structure into conformance with Building Code requirements. Interim uses shall be conditioned with time limitations and may be renewed on a periodic basis subject to Planning and Transportation Commission use permit review and approval.

H.    Proposed projects located within the Northeast Area Overlay District (see Chapter 18.14A) are subject to the following additional finding:

1.    The design, location, size, site, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses as contemplated in the development of the Northeast Area Specific Plan as set forth in Resolution 2023-032. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

In approving a use permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:

A.    Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

B.    Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;

C.    Achieve the findings for a use permit listed in Section 18.30.060, Required findings; or

D.    Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.

The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Appeals. A decision of the Zoning Administrator may be appealed to the Planning and Transportation Commission and a decision of the Planning and Transportation Commission may be appealed to the City Council, as provided in Section 18.27.150, Appeals.

B.    Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

Failure to comply with any condition of approval of a use permit is a violation of this title subject to provisions of Chapter 18.39, Enforcement and Abatement Procedures. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

A use permit may be revoked as provided by Section 18.27.140, Revocation of permits. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1611 § 3 (Exh. A), 2024; Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur. (Ord. 1438 § 4 (Exh. A (part)), 2011)

An application for a temporary use permit shall be submitted at least thirty days before the use is intended to begin. The application shall be on the required form and shall include the written consent of the owner of the property or the agent of the owner. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The Zoning Administrator may approve an application for a temporary use only upon making both of the following findings:

A.    The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

B.    The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed use, and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing parking areas. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the findings for a temporary use permit listed in Section 18.31.030, Required findings, including, but not limited to: regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures and electrical service. The Administrator may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Appeals. Any party aggrieved by the decision of the Zoning Administrator to approve, approve with conditions, or deny a permit for a temporary use or structure may appeal the decision to the Planning and Transportation Commission, pursuant to Section 18.27.150, Appeals.

B.    Expiration, Extensions and Modifications. Temporary use permits are effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter is intended to provide a mechanism for relief from the strict application of this title where this will deprive the property owner of privileges enjoyed by similar properties because of the subject property’s unique and special conditions. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Variances may be granted to vary or modify dimensional and performance standards, but variances may not be granted to allow uses or activities that this title does not authorize for a specific lot or site. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Review Authority. The Planning and Transportation Commission shall approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this chapter.

B.    Application Requirements. Applications for a variance shall be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Chapter 18.27, Common Procedures. In addition to any other application requirements, the application for a variance shall include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 18.32.040, Required findings.

C.    Public Notice and Hearing. An application for a variance shall require public notice and hearing before the Planning and Transportation Commission pursuant to Chapter 18.27, Common Procedures. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

After conducting a public hearing, the Planning and Transportation Commission may approve or conditionally approve a variance application if it can make all of the following findings. The Commission shall deny an application for a variance if it is unable to make any of the required findings, in which case it shall state the reasons for that determination.

A.    There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the vicinity and identical zoning classification, and that the granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on the property in the vicinity and identical zone classifications;

B.    The granting of the application is necessary to prevent a physical hardship which is not of the applicant’s own actions or the actions of a predecessor in interest;

C.    The granting of the application will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare or convenience; and

D.    The granting of the variance will be consistent with the general purposes and objectives of this title, any applicable specific plans, and of the General Plan. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

In approving a variance, the Planning and Transportation Commission may impose reasonable conditions deemed necessary to ensure compliance with the findings required in Section 18.32.040, Required findings, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Appeals. The applicant or any other aggrieved party may appeal a decision on a variance pursuant to the provisions of Section 18.27.150, Appeals.

B.    Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Failure to comply with any variance condition is a violation of this title subject to enforcement, penalties, and legal procedure as prescribed by Chapter 18.39, Enforcement and Abatement Procedures. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A variance may be revoked as provided by Section 18.27.140, Revocation of permits. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The purpose of this chapter is to establish an alternate means of granting relief from the requirements of this title when so doing would be consistent with the purposes of the title and it is not possible or practical to approve a variance. Further to this end, it is the policy of the City to comply with the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act to provide reasonable accommodation to persons with disabilities seeking fair access to housing through waiver of the application of the City’s zoning regulations. This chapter authorizes the Director to grant administrative relief from this title’s dimensional requirements to achieve these and other objectives. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The Director may grant relief from the dimensional requirements specified in this title, not to exceed ten percent of the requirement. The Director also may grant a waiver that would exceed ten percent when such a waiver is necessary to comply with the reasonable accommodation provisions of Federal law based on a determination that the specific circumstances of the application warrant such an accommodation. Types of standards for which waivers may be approved by the Director include, but are not limited to:

A.    Setbacks. Front, side, and rear yard setback standards.

B.    Build-To Areas. Standards for building facade location.

C.    Parking. The dimensional standards for parking aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

D.    Fences. Standards for the location, height, and design of fences.

E.    Lot Coverage. Standards for the maximum amount of lot coverage.

F.    Height. Maximum building height or other height limitations.

G.    Landscaping. Standards for required landscaping and plantings.

H.    Transparency. Required ground floor building transparency, up to ten percent of minimum.

I.    Other Standards. Up to ten percent of other development standards not listed in subsection J of this section.

J.    Exclusions. Waivers can not be granted for any of the following standards:

1.    Lot area, width, or depth;

2.    Maximum number of stories;

3.    Minimum number or dimensions of required parking spaces;

4.    Residential density; or

5.    Maximum floor area ratio (FAR). (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Authority and Duties. The Director shall approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this chapter.

B.    Application Requirements. An application for a waiver shall be filed to the Director in accordance with Section 18.27.020, Application forms and fees. The application shall state in writing the nature of the waiver requested and explain why the findings necessary to grant the waiver are satisfied. The applicant shall also submit plans delineating the requested waiver.

C.    Review of Requests for Reasonable Accommodation to Ensure Access to Housing. An application for reasonable accommodation to ensure access to housing will be referred to the Director for review and consideration. The Director shall issue a written decision within forty-five days of the date of the application and may grant the reasonable accommodation request, grant with waivers, or deny the request. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.

D.    Concurrent Processing. If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under this title, it shall be heard and acted upon at the same time and in the same manner as that application. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A decision to grant a waiver shall be based on the following findings:

A.    The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

B.    There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

C.    The granting of the requested waiver will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of this title.

D.    In the RS districts, the review authority must also make the following findings in addition to any other findings that this chapter requires:

1.    There are exceptional or extraordinary circumstances related to the design of the existing house or Uniform Building Code compliance or other code compliance that make it difficult of impossible to enlarge the house within the base requirements, and the addition is of superior design quality and compatible with the existing neighborhood character;

2.    The change is only intended to increase the habitability and function of the structure;

3.    Granting the waiver is desirable for the preservation of an existing architectural style or neighborhood character which would not otherwise be accomplished through the strict application of the provisions of the regulations; and

4.    It can be demonstrated that the design of the proposed addition is of superior quality; compatible with the existing neighborhood character, effective in minimizing the perceived size of the dwelling, not overly intrusive to the privacy of neighboring dwellings and is in substantial compliance with the RS district regulations.

E.    If the waiver requested is to provide reasonable accommodation pursuant to State or Federal law, the review authority must also make the following findings in addition to any other findings that this chapter requires:

1.    That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

2.    If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or Federal law;

3.    That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

4.    That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any State or Federal statute requiring reasonable accommodation to provide access to housing. (Ord. 1438 § 4 (Exh. A (part)), 2011)

In approving a waiver, the decision-maker may impose reasonable conditions deemed necessary to:

A.    Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council;

B.    Achieve the general purposes of this title or the specific purposes of the zoning district in which the project is located;

C.    Achieve the findings for a waiver granted; or

D.    Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the California Environmental Quality Act; and

E.    Waivers approved based on State or Federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

The Director may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Appeals. The applicant or any other aggrieved party may appeal a decision on a waiver pursuant to Section 18.27.150, Appeals.

B.    Expiration, Extensions, and Modifications. Waivers granted under this chapter are effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter establishes procedures for making changes to the General Plan as provided for in State law when there are compelling reasons to do so. These circumstances include, but are not limited to, changes in State or Federal law and problems and opportunities that were unanticipated at the time of plan adoption or the last amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The procedures of this chapter apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions. (Ord. 1438 § 4 (Exh. A (part)), 2011)

An amendment to the text of the General Plan may be initiated by any qualified applicant identified in Section 18.27.020, Application forms and fees, or a motion of the City Council or Planning and Transportation Commission. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Application. A qualified applicant shall submit an application for a General Plan amendment on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to review and approve the application.

B.    Coordination with Other Applications. The Planning Division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this title or Title 17, Subdivisions, to be reviewed and approved concurrently with the proposed General Plan amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Staff Report. The Director shall prepare a report and recommendation to the Planning and Transportation Commission on the application for a General Plan amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this chapter, a determination as to whether the proposed amendment will require amendment to other plans that the City Council or the Redevelopment Agency have adopted, and an environmental document prepared in compliance with the California Environmental Quality Act.

B.    Scheduling. The Planning Division shall schedule the application for hearing by the Planning and Transportation Commission in accordance with the City’s schedule for considering General Plan amendments.

C.    Public Notice. At least ten days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 18.27, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the San Carlos School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Planning and Transportation Commission Hearing. The Planning and Transportation Commission shall conduct a public hearing in conformance with Chapter 18.27, Common Procedures.

B.    Recommendation to Council. Following the public hearing, the Planning and Transportation Commission shall make a recommendation on the proposed General Plan amendment and the environmental determination to the City Council. Such recommendation shall include the reasons for the recommendation, findings supporting the recommendation, the relationship of the proposed ordinance or amendment to applicable general and specific plans, and a copy of the minutes from the Planning and Transportation Commission meeting. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    After receiving the report from the Planning and Transportation Commission, the City Council shall conduct a duly-noticed public hearing. The notice shall include a summary of the Planning and Transportation Commission recommendation. If the Planning and Transportation Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request for a hearing with the City Clerk within ten days after the Planning and Transportation Commission action.

B.    After the conclusion of the hearing, the City Council may approve, modify or deny the proposed General Plan amendment. If the Council proposes any substantial modification not previously considered by the Planning and Transportation Commission during its hearings, the proposed modification shall first be referred back to the Planning and Transportation Commission for its recommendation, but the Planning and Transportation Commission shall not be required to hold a public hearing thereon. The failure of the Planning and Transportation Commission to report within forty days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption.

C.    Following the Council action, the City Clerk shall make the documents amending the plan, including the diagrams and text, available for public inspection. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter provides procedures by which changes may be made to the text of this Zoning Ordinance and to the Zoning Map whenever the public necessity and convenience and the general welfare require such amendment to maintain consistency with the General Plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The procedures in this chapter shall apply to all proposals to change the text of this Zoning Ordinance or to revise a zoning district classification or zoning district boundary line shown on the Zoning Map, including prezoning as provided for in Chapter 18.38, Prezoning and Annexation Procedure. (Ord. 1438 § 4 (Exh. A (part)), 2011)

An amendment to the text of the Zoning Ordinance or to the Zoning Map may be initiated by any qualified applicant identified in Section 18.27.020, Application forms and fees, or a motion of the City Council or Planning and Transportation Commission. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Application. A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Planning Division accompanied by the required fee. The Planning Division may require an applicant to submit such additional information and supporting data as considered necessary to process the application.

B.    Coordination with Other Applications. The Planning Division may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this Zoning Ordinance or Title 17, Subdivisions, to be processed simultaneously with the proposed zoning amendment. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Staff Report. The Director shall prepare a report and recommendation to the Planning and Transportation Commission on any application for a zoning amendment. The report shall include, but is not limited to, a discussion of how the proposed amendment meets the criteria in Section 18.35.080, Criteria for zoning amendments, for approving a zoning amendment and an environmental document prepared in compliance with the California Environmental Quality Act.

B.    Public Hearing Required. All zoning amendments shall be referred to the Planning and Transportation Commission, which shall hold at least one public hearing on any proposed amendment.

C.    Public Notice. At least ten days before the date of the public hearing, the Planning Division shall provide notice consistent with Chapter 18.27, Common Procedures. Notice of the hearing also shall be mailed or delivered at least ten days prior to the hearing to the San Carlos School District and any other local agency expected to provide essential facilities or services to the property that is the subject of the proposed amendment. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Planning and Transportation Commission Hearing. The Planning and Transportation Commission shall conduct a public hearing in conformance with Chapter 18.27, Common Procedures.

B.    Recommendation to Council. Following the public hearing, the Planning and Transportation Commission shall make a recommendation on the proposed zoning amendment to the City Council. Such recommendation shall include the reasons for the recommendation, findings related to the criteria for zoning amendments in Section 18.35.080, and the relationship of the proposed ordinance or amendment to applicable general and specific plans, and shall be transmitted to the City Council in the form of a Council memo, prepared by Planning staff, with a copy of the approved minutes from the Planning and Transportation Commission meeting. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    After receiving the report from the Planning and Transportation Commission, the City Council shall hold a duly noticed public hearing. The notice shall include a summary of the Planning and Transportation Commission recommendation. If the matter under consideration is a proposal to reclassify a property from one zone to another and the Planning and Transportation Commission has recommended against the adoption of such amendment, the City Council is not required to take any further action unless an interested party files a written request for a hearing with the City Clerk within ten days after the Planning and Transportation Commission action.

B.    After the conclusion of the hearing, the City Council may approve, modify or deny the proposed amendment. If the Council proposes any substantial modification not previously considered by the Planning and Transportation Commission during its hearings, the proposed modification shall first be referred back to the Planning and Transportation Commission for report and recommendation, but the Planning and Transportation Commission shall not be required to hold a public hearing. The failure of the Planning and Transportation Commission to report within forty days after the referral shall be deemed a recommendation to approve and the amendment shall be returned to Council for adoption. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

The Planning and Transportation Commission shall not recommend and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:

A.    Zoning Ordinance Text Amendment Findings.

1.    The ordinance amendment is consistent with the General Plan; and

2.    The ordinance amendment is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare.

B.    Zoning District Boundary Amendment Findings (Zoning Map Amendments).

1.    The change in district boundaries is consistent with the General Plan;

2.    The change in district boundaries is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and

3.    The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter provides procedures for establishing a Planned Development (PD) District to facilitate orderly development of larger sites in the City consistent with the General Plan, especially where a particular mix of uses or character is desired that can best be achieved through an integrated development plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The procedures in this chapter shall apply to all proposals to establish a PD District. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Decision-Making Body. A PD District must be adopted by the City Council. A public hearing before the Planning and Transportation Commission is required prior to City Council review, and the Planning and Transportation Commission shall make a recommendation to the City Council.

B.    Review Procedures.

1.    Rezoning. An application for rezoning to a PD District shall be processed as an amendment to the Zoning Map, according to the procedures of Chapter 18.35, Amendments to Zoning Ordinance and Map, and shall include a specific plan or PD plan.

2.    PD Plan. The PD plan shall be accepted and processed concurrently, in the same manner as a conditional use permit application, pursuant to Chapter 18.27, Common Procedures, and Chapter 18.30, Use Permits, although additional information is required to be submitted in order to determine that the intent of this title and the General Plan will be fulfilled.

3.    Tentative Subdivision Map. When a PD requires the submission of a tentative subdivision map, this map and all supporting documents shall be prepared and submitted concurrently with the application of the PD.

C.    Initiation. An amendment to reclassify property to PD shall be initiated by a property owner or authorized agent or a motion of the Planning and Transportation Commission or the City Council. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership shall be submitted with the application.

D.    Application Content. An application for a PD, made on the prescribed form, shall be filed with the Planning Division, accompanied by the required fee. Applications shall contain all of the following:

1.    Legal Description. A legal description of the site and a statement of the number of acres, or square feet if less than one acre, contained therein.

2.    Title Report. A title report verifying the description and the ownership of the property.

3.    Ownership Declaration. A declaration as to whether the site is to remain under the same ownership and control or to be divided into small units during or after development and the manner and method of the division.

4.    Project Narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed development, including proposed uses and activities, proposed residential densities if appropriate, and physical land alteration required by the development; and the relation of the proposed PD to the San Carlos General Plan.

5.    Development Schedule. A development schedule, including anticipated timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and an indication of the proposed number and type of dwelling units by phase of development, if applicable.

6.    Maps and Diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the development and demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. These graphics shall at a minimum indicate:

a.    A map showing the perimeter boundaries of the project site, the perimeter of the ownership, the location and dimensions of any existing property lines and easements within the site, and all uses and structures within a three-hundred-foot radius of the project area boundaries;

b.    Existing and proposed changes in the topography of the site, including the degree of land disturbance, the location of drainage channels or water courses, and the direction of drainage flow in one-foot contour intervals on areas of cross-slopes of less than five percent, at two-foot intervals on areas of cross-slopes of five to ten percent, and at five-foot intervals on areas of cross-slopes exceeding ten percent;

c.    A circulation diagram indicating proposed movement of vehicles, goods, and pedestrians within the district and to and from adjacent areas, including streets and driveways, sidewalks and pedestrian ways, and off-street parking and loading areas;

d.    A site plan indicating existing and proposed uses, location and dimension of buildings and structures, gross floor area of existing and proposed structures, identification of structures to be demolished or removed;

e.    Detailed engineering site plans, including proposed finished grades and all public improvements as well as estimates of grading volume (cut and fill), with accompanying grading sections or other technical drawings acceptable to the Director of Public Works;

f.    Detailed engineering plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;

g.    A detailed tabulation of the proposed densities of dwelling units, bedroom count, building coverage, paving coverage, landscaped areas, parking dedication, and height of structures;

h.    Lighting for the building and adjacent parking and pedestrian travel areas;

i.    Utilization of buildings and structures, including activities and the number of living units;

j.    Reservation of land for public uses, including schools, parks, playgrounds, and other open spaces;

k.    Dimensioned building elevations showing proposed architectural concepts, color program and material samples; and

l.    A comprehensive sign program, including the size and location of all proposed signs.

7.    Open Space and Landscaping Plan. An existing and proposed open space and landscaping plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to and maintenance of the open area of the property.

8.    Other Information. Any other information deemed necessary by the Director to ascertain if the project meets the required findings for a PD plan and rezoning. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A PD plan and rezoning shall only be approved if all of the following findings are made:

A.    The proposed development is consistent with the General Plan and any applicable specific plan, including the density and intensity limitations that apply;

B.    The subject site is physically suitable for the type and intensity of the land use being proposed;

C.    Adequate transportation facilities and public services exist or will be provided in accord with the conditions of PD plan approval, to serve the proposed development; and the approval of the proposed development will not result in a reduction of traffic levels of service or public services so as to be a detriment to public health, safety, or welfare;

D.    The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

E.    The development generally complies with applicable adopted design guidelines; and

F.    The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors shall be considered:

1.    Appropriateness of the use(s) at the proposed location.

2.    The mix of uses, housing types, and housing price levels.

3.    Provision of units affordable to persons and families of low and moderate income or to lower income households.

4.    Provision of infrastructure improvements.

5.    Provision of open space.

6.    Compatibility of uses within the development area.

7.    Creativity in design and use of land.

8.    Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9.    Overall contribution to the enhancement of neighborhood character and the environment of San Carlos in the long term. (Ord. 1438 § 4 (Exh. A (part)), 2011)

In approving a PD plan and rezoning, the City Council may impose reasonable conditions deemed necessary to:

A.    Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted;

B.    Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;

C.    Achieve the findings listed above; or

D.    Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

The City Council may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Expiration.

1.    PD Plan. A PD plan shall be effective on the same date as the ordinance creating the PD District for which it was approved and shall expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved PD plan may specify a development staging program exceeding two years.

2.    Tentative Map. Where a tentative map has been approved in conjunction with a PD plan, the PD plan shall expire upon the expiration of the tentative map.

3.    Phased Development. In the event that the applicant intends to develop the project in phases, and the City Council approves phased development, the PD Plan shall remain in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.

B.    Renewal. An approved PD plan that has not been exercised may be renewed for a two-year period approved by the City Council after a duly-noticed public hearing. Application for renewal shall be made in writing between thirty and one hundred twenty days prior to expiration of the original approval. The City Council may renew a PD plan if it finds the renewal consistent with the purposes of this chapter. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Changed Plans. Amendments to a PD District or PD plan or specific plan may be requested by the applicant or its successors. Amendments to the approved PD District or PD plan or specific plan shall be classified as major or minor amendments. Upon receipt of an amendment application, the Director shall determine if the proposed amendment constitutes a major or minor amendment.

B.    Major Amendments. Major amendments to an approved PD District or PD plan or specific plan shall be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:

1.    A change in the boundary of the PD District;

2.    An increase or decrease in the number of dwelling units for the PD District that is greater than the maximum or less than the minimum stated in the PD plan or specific plan;

3.    An increase or decrease in the floor area for any nonresidential land use that results in the floor area exceeding the minimum or maximum stated in the PD plan or specific plan by ten percent or more;

4.    Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the City Engineer;

5.    Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the PD District or to the overall major street system, as determined by the City Engineer; or

6.    Any other proposed change to the PD plan or specific plan or the conditions of approval that substantively alters one or more of its components as determined by the Director.

C.    Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection B of this section shall be considered minor if they are consistent with the original findings and conditions of approval. Minor amendments may be approved by the Director. The Director may, at his/her discretion, refer any request for an amendment to a to a PD plan that may generate substantial public interest to the Planning and Transportation Commission for a decision rather than acting on it himself/herself. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A specific plan adopted by resolution of the City Council shall be administered as prescribed by the Council, consistent with Government Code Section 65450. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

Plans for a project in a PD District shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan or specific plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan or specific plan. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Failure to comply with any PD permit condition or development schedule is a violation of this chapter and subject to Chapter 18.39, Enforcement and Abatement Procedures. The Planning and Transportation Commission or City Council may initiate revocation proceedings under this title, or suspend the applicant’s permit until such time as the applicant conforms to the conditions thereof. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

A PD permit may be revoked or modified as provided by Section 18.27.140, Revocation of permits. (Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A development agreement may be considered for a large, multi-phase development project that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services. In order to be considered for a development agreement, a project shall be consistent with the General Plan and any applicable specific plan unless the applicant has submitted an application for any necessary amendments to the General Plan or specific plan.

A.    Property Subject to Annexation. An applicant whose property is located within the City’s sphere of influence, or whose property is the subject of a pending application for inclusion into the sphere of influence, may file an application to enter into a development agreement.

1.    The agreement shall not become operative unless annexation proceedings annexing property to the City are completed within the period of time specified by the agreement.

2.    If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement shall be null and void. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    The Director shall negotiate the specific components and provisions of the development agreement on behalf of the City for recommendation to the City Council.

B.    The City Council shall have the exclusive authority to approve a development agreement. (Ord. 1438 § 4 (Exh. A (part)), 2011)

An applicant for a development project may request that the City review the application as a development agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864 through 65869.5. In the event of any conflict between these statutory provisions and this section, this section shall control.

A.    Application Requirements. An applicant shall submit an application for a development agreement on a form prescribed by the Director, accompanied by the required fees. The Director shall identify submittal requirements for applications for development agreements and may require an applicant to submit such additional information and supporting data as considered necessary to process the application. In addition to any other information that the Director requires, each application for a development agreement shall be accompanied by the general terms and conditions of the agreement proposed by the applicant and shall include the contents required in subsection B of this section.

B.    Contents of Development Agreements.

1.    Required Contents. A development agreement shall specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It shall contain provisions concerning its transferability.

2.    Improvements and Fees. A development agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

3.    Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant’s responsibility to obtain all required land use approvals.

4.    Environmental Mitigation. A development agreement may include, without limitation, conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any final environmental impact report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.

5.    Phasing. A development agreement may provide that the project be constructed in specified phases, that construction shall commence within a specified time, and that the project or any phase thereof be completed within a specified time.

6.    Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

7.    Indemnity. A development agreement may contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

8.    Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

C.    Negotiations. The Director shall negotiate the specific components and provisions of the development agreement on behalf of the City for recommendation to the City Council. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Notice of Intent. The Director shall publish a notice of intent to consider adoption of a development agreement as provided in Sections 65090 and 65091 of the Government Code.

B.    City Council. A proposed development agreement shall be executed by the applicant before it is placed before the City Council for consideration at a public hearing. The City Council shall hold a duly noticed public hearing prior to adoption of any development agreement. Notice of the public hearing to consider adoption of a development agreement shall be given in accordance with the requirements of Section 18.27.060, Public notice. The City Council public hearing may, but need not, be held concurrently with the public hearing(s) on the project. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Findings. The City Council shall not approve a proposed development agreement unless it finds that its provisions are consistent with the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with proposed General Plan or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement.

B.    Decision. After the City Council completes the public hearing, the City Council shall approve, modify, or disapprove the development agreement. Approval of a development agreement shall be by ordinance. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Within ten days after the ordinance approving the development agreement takes effect, the Director shall execute the development agreement on behalf of the City, and the City Clerk shall record the development agreement with the County Recorder. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The applicant shall be required to demonstrate compliance with the provisions of the development agreement at least once a year at which time the Director shall review each approved development agreement.

A.    Finding of Compliance. If the Director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, the Director shall issue a finding of compliance, which shall be in recordable form and may be recorded with the County Recorder after conclusion of the review.

B.    Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the development agreement, the Director may issue a finding of noncompliance which may be recorded by the City with the County Recorder after it becomes final. The Director shall specify in writing to the applicant the respects in which applicant has failed to comply, and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement shall be subject to termination or modification pursuant to this chapter.

C.    Appeal of Determination. Within seven days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant shall pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, shall conclude the review for the applicable period and such determination shall be final. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the development agreement to the City Council for termination or modification. The City Council shall conduct a public hearing. After the public hearing, the City Council may terminate the development agreement, modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

B.    Mutual Agreement. Any development may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and Director.

C.    Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the City terminates or modifies the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the City Clerk shall record notice of such action with the County Recorder.

D.    Rights of the Parties after Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement shall be terminated. If a development agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Existing Rules and Regulations. Unless otherwise specified in the development agreement, the City’s rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations and official policies in force on the effective date of the development agreement. The applicant shall not be exempt from otherwise applicable City ordinances or regulations pertaining to persons contracting with the City.

B.    Future Rules and Regulations. A development agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement shall not prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement shall not exempt the applicant from obtaining future discretionary land use approvals.

C.    State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in Government Code Section 65865.4 or any successor statute are nonexclusive. A development agreement may be enforced, amended, modified, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The purpose of this chapter is to establish a procedure for prezoning and criteria for annexation of adjoining unincorporated territory, specifically:

A.    Protect public health and safety by establishing standards for annexation of residential, commercial/industrial or lands of other uses into the City;

B.    Preserve, protect and enhance the character of residential neighborhoods;

C.    To remedy the public health and safety impacts of failed on-site solid waste disposal systems;

D.    To strengthen the City’s economic resources; and

E.    To manage the fiscal impacts of annexation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted sphere of influence of San Carlos or areas otherwise capable of annexing into the City of San Carlos which may be approved for annexation by LAFCo may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Parcels proposed for annexation to the City shall be prezoned consistent with the following unless an application for a different prezoning is initiated and processed according to the procedures established under Chapter 18.35, Amendments to Zoning Ordinance and Map.

1.    Undeveloped Residential Parcels.

a.    Development Potential of Five or More Lots. Parcels with development potential of five or more lots shall be prezoned Planned Development with minimum RS-3 development standards prior to approval of a tentative subdivision map.

b.    Development Potential of Less than Five Lots. Parcels with development potential of less than five lots shall be prezoned RS-3.

2.    Developed Residential Parcels and Nonresidential Parcels. Developed residential parcels and parcels with development potential for nonresidential use shall be prezoned consistent with surrounding and/or like zoning district classifications which represent uses intended for the property.

B.    Prezoning shall remain the same for two years after annexation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Annexation shall not be approved unless the proposed annexation meets the following regulations:

A.    General Regulations.

1.    General Plan Consistency. The proposed annexation and parcel configuration shall be consistent with the General Plan.

2.    Location. The parcels proposed for annexation shall be contiguous to parcels located in the City and contiguous to or provisions have been made to become contiguous to City streets or to improved private streets where the maintenance of the private street is provided by an owners’ association or other acceptable method as determined satisfactory to the Director of Public Works.

3.    Impact Analysis. An environmental analysis under the provisions of the California Environmental Quality Act and a fiscal impact analysis which evaluates recurring revenues and service costs that may be incurred by the City as a result of annexation shall be conducted.

4.    Public Services and Facilities.

a.    Public services and facilities meeting City standards shall be available to the lands proposed for annexation. Private streets and facilities satisfactory to the Public Works Director with adequate provision for their maintenance may be acceptable in lieu of public streets and facilities.

b.    All streets, sewage and drainage systems and police and fire protection shall meet City standards. Public services and utilities shall be provided to the satisfaction of the City Engineer:

i.    Improvements shall be constructed and accepted prior to issuance of building permits or sewer connections.

ii.    Streets shall meet City street standards from the terminus of City streets currently meeting City standards to and throughout the property. Where possible and appropriate and subject to environmental, health and safety considerations, rural road standards and other applicable guidelines pursuant to Chapter 17.16 shall apply.

iii.    Street lights shall not be required to be installed where street lights do not currently exist unless requested and paid for by petitioners.

c.    The City taxpayer shall not be burdened with paying for additional services for newly annexed lands as demonstrated in the fiscal impact analysis.

d.    Sewer service connection shall be made pursuant to Title 13, Public Services.

5.    Creek Protection. All lands proposed for annexation shall comply with Chapter 18.14, Stream Development and Maintenance Overlay.

B.    Undeveloped Lots. Annexation of lots which do not contain a primary structure shall comply with the following standards:

1.    Lots shall meet the minimum lot size and density standards of this title and Title 17.

2.    Sites with development potential of five or more lots shall cluster single-family detached homes to the degree feasible. In such cases, the density may not exceed the density permitted by the lot size standards of this title and Title 17.

C.    Developed Lots. Annexation of lots which contain a primary structure shall comply with the following standards:

1.    The lots shall meet the minimum lot size and density standards of this title and Title 17. Single developed properties that meet all annexation policies, with the exception of minimum lot size requirements, may be considered for annexation; provided, that further subdivision of the land is prohibited through a recorded deed restriction acceptable to the City Attorney.

2.    The lots shall be connected to the City’s sanitary sewer system or can be connected to the City’s sewer to the satisfaction of the City Engineer pursuant to Title 13, Public Services.

3.    The lots with existing properly functioning septic tank-drain field systems shall not be required to connect to a newly installed sewer line until one of the following events occurs and at that time shall be required to connect:

a.    Upon sale of the property that triggers an assessment of the County Tax Assessor; or

b.    Upon determination by the San Mateo County Environmental Health Services Division that the existing septic system cannot function properly or cannot be expanded to accommodate the use; and

c.    Failed septic systems shall not be replaced with another septic system. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The zoning accomplished by prezoning of the property shall become effective at the time that annexation to the City becomes effective. If the subject area has not been annexed to the City within five years of the date of City Council approval, the prezoning approval is subject to reconsideration by the Planning and Transportation Commission and the Council. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1438 § 4 (Exh. A (part)), 2011)

This chapter establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of this title and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of this title. (Ord. 1438 § 4 (Exh. A (part)), 2011)

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title, and any such permit or license issued in conflict with the provisions of this title shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to or of any building or structure. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Any permit granted under the Zoning Ordinance may be revoked in accordance with the provisions in Section 18.27.140, Revocation of permits, if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy. (Ord. 1438 § 4 (Exh. A (part)), 2011)

A.    Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this title, any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of this title, and failure to comply with any of the conditions of a permit granted under this title is declared to be unlawful and a public nuisance.

B.    Any use, event, structure or building, whether nonconforming or otherwise, which meets any of the following criteria shall be deemed a public nuisance subject to abatement as set forth herein: disturbances of the peace, illegal drug activity including sales or possession thereof; public drunkenness, drinking in public, harassment of passers-by, gambling, prostitution, public vandalism, excessive littering, excessive noise (particularly between the hours of eleven p.m. and seven a.m.), noxious smells or fumes, curfew violations, lewd conduct or police detention, citations or arrests or any other activity declared by the City to be a public nuisance; violation of any provision of this chapter or any other City, State or Federal regulation, ordinance or statute. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Any person, firm, or corporation, whether as principal, agent, employee or otherwise, violating a provision of this title or failing to comply with a mandatory requirement of this title shall be guilty of a misdemeanor but may be cited or charged, at the election of the enforcing officer or City Attorney, as an infraction. Upon conviction, such person shall be punished as set forth in Chapter 1.20, Penalties. A person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this title is committed, continued or permitted by such person, firm or corporation, and shall be punished accordingly. (Ord. 1438 § 4 (Exh. A (part)), 2011)

The remedies provided for herein shall be cumulative and not exclusive. Upon a finding of nuisance pursuant to this chapter, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the Planning and Transportation Commission or City Council may impose any remedy available at law or in equity, which shall include, but is not limited to, any of the following or combination thereof:

A.    Ordering the cessation of the use in whole or in part;

B.    Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing nonconforming uses;

C.    Requiring continued compliance with any conditions so imposed;

D.    Requiring the user to guarantee that such conditions shall in all respects be complied with; or

E.    Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed. (Ord. 1438 § 4 (Exh. A (part)), 2011)

Notices of violation shall be provided and recorded and nuisances abated, according to the procedures of Chapter 1.20, Penalties. (Ord. 1438 § 4 (Exh. A (part)), 2011)