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San Carlos City Zoning Code

ARTICLE V

General Terms

18.40.010 Purpose and applicability.

Use classifications describe one (1) or more uses of land having similar characteristics but do not list every use or activity that may appropriately be within the classification. The Planning and Transportation Commission, upon request from the Director, shall determine whether a specific use shall be deemed to be within one (1) or more use classifications or not within any classification in this chapter. The Commission may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. (Ord. 1603 § 3 (Exh. A), 2023; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.40.020 Residential use classifications.

A.    Residential Housing Types.

1.    Single-Unit Dwelling. One (1) dwelling unit located on a single lot, within which all rooms are internally accessible and that is not attached to any other dwelling unit. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

2.    Small Lot Single-Unit Subdivision Development. Detached single-unit dwellings located on lots less than six thousand (6,000) square feet in area.

3.    Junior Accessory Dwelling Unit. A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling unit (must contain a separate, external entrance). A junior accessory dwelling unit may include separate sanitation facilities (bathroom containing, at minimum, a sink, toilet, and shower) or may share sanitation facilities with the single-family dwelling. An efficiency kitchen is required, which must include a sink and a built-in cooking facility with appliances (e.g., microwave, toaster oven, hot plate), as well as a food preparation counter and storage cabinets.

4.    Accessory Dwelling Unit. An attached or detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons. It shall include a separate external entrance and permanent provisions for living, sleeping, eating, cooking, and sanitation (at minimum, a sink, toilet, and shower) on the same parcel as the single-family or multifamily dwelling. At a minimum, the kitchen shall contain a sink, standard refrigerator, and either a built-in cooktop or range, as well as a food preparation counter and storage cabinets.

5.    Duplex. A single building on a lot that contains two (2) dwelling units or two (2) single-unit dwellings on a single lot. This use is distinguished from a second dwelling unit, which is an accessory residential unit as defined by State law and this title.

6.    Townhouse Development. A group of two (2) or more attached units where each unit has its own front access and individual garage and no unit is located over another unit. This development type includes fee simple projects where each unit is separated by one (1) or more common and fire-resistant walls and owners have fee simple title to the property.

7.    Multi-Unit Residential. Three (3) or more dwelling units on a site or lot. Types of multiple-unit dwellings include townhouses, garden apartments, senior housing developments, and multi-story apartment buildings. This use includes multi-unit development in which individual units are occupied exclusively by one (1) or more persons sixty-two (62) years of age or older.

8.    Urban Infill Units. One (1) dwelling unit located on a single lot with another single-unit dwelling pursuant to California Senate Bill 9, wherein all rooms are internally accessible. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

B.    Elderly and Long-Term Care. Establishments that provide twenty-four (24) hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and are licensed as a skilled nursing facility by the State of California, including but not limited to rest homes and convalescent hospitals, but not residential care, hospitals, or clinics.

C.    Family Child Care. A child care facility licensed by the State of California that is located in a single-unit residence or other dwelling unit where resident of the dwelling provides care, protection and supervision of children in the resident’s home for periods less than twenty-four (24) hours per day for children under the age of eighteen (18). Family child care, regardless of size, can only be subject to State regulations.

1.    Small. A home that provides family child care for up to six (6) children, or for up to eight (8) children if the criteria in Section 102416.5(b) of the Family Child Care Home Licensing Requirements under Title 22 are met. This includes children under the age of ten (10) who live in the licensee’s home.

2.    Large. A home that provides family child care for up to twelve (12) children, or for up to fourteen (14) children, if the criteria in Section 102416.5(c) of the Family Child Care Home Licensing Requirements under Title 22 are met. This includes children under the age of ten (10) who live in the licensee’s home and the assistance provider’s children under the age of ten (10).

D.    Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories and other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (thirty days or more) but excludes hotels and motels, and residential care facilities.

E.    Residential Care Facilities. Facilities that are licensed by the State of California to provide permanent living accommodations and twenty-four-hour primarily nonmedical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug additions. This use classification excludes transitional housing and social service facilities.

1.    Residential Care, General. A facility providing care for more than six persons.

2.    Residential Care, Limited. A facility providing care for six or fewer persons.

3.    Residential Care, Senior. A housing arrangement chosen voluntarily by the resident, the resident’s guardian, conservator or other responsible person; where residents are sixty years of age or older and where varying levels of care and supervision are provided as agreed to at time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California.

F.    Single Room Occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room, are rented to one- or two-person households for a weekly or monthly period of time. This use classification is distinct from a hotel or motel, which is a commercial use.

G.    Supportive Housing. Dwelling units with no limit on length of stay, that are occupied by the target population as defined in Section 53260(d) of the California Health and Safety Code, and that are linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

H.    Transitional Housing. Dwelling units configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (Ord. 1604 § 4 (Exh. B), 2023; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1568 § 1 (Exh. A), 2021; Ord. 1566 (Exh. B (part)), 2020; Ord. 1480 (Exh. D (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.40.030 Public and semi-public use classifications.

A.    Cemetery. Establishments primarily engaged in operating sites or structures reserved for the interment of human or animal remains, including mausoleums, burial places, and memorial gardens.

B.    Colleges and Trade Schools, Public or Private. Public, nonprofit, or private institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

C.    Community Assembly. A facility for public or private meetings including community centers, banquet centers, religious assembly facilities, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated.

D.    Community Garden. Use of land for and limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity.

E.    Cultural Institutions. Public or nonprofit institutions engaged primarily in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; buildings of an educational, charitable or philanthropic nature; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens.

F.    Day Care Centers. Establishments providing nonmedical care for persons on a less than twenty-four-hour basis other than family day care. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California.

G.    Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.

H.    Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (see Utilities, Major).

I.    Hospitals and Clinics. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).

1.    Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

2.    Clinic. A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks and plasma centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.

J.    Instructional Services. Establishments that offer specialized programs in personal growth and development such as music, martial arts, vocal, fitness and dancing instruction.

K.    Park and Recreation Facilities, Public. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, all of which are noncommercial. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, botanical gardens, as well as related food concessions or community centers within the facilities.

L.    Public Safety Facilities. Facilities providing public safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

M.    Schools, Public or Private. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools having curricula comparable to that required in the public schools of the State of California.

N.    Social Service Facilities. Any noncommercial facility, such as homeless shelters, domestic violence shelters and facilities providing social services such as job referral, housing placement and which may also provide meals, showers, clothing, groceries, and/or laundry facilities, typically for less than thirty days. Specialized programs and services related to the needs of the residents may also be provided. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.40.040 Commercial use classifications.

A.    Adult-Oriented Business. An establishment of concern that, as a regular and substantial course of conduct, offers, sells or distributes adult-oriented merchandise, or that offers to its patrons materials, products, merchandise, services, entertainment or performances that have sexual arousal, sexual gratification, and/or sexual stimulation as their dominant theme, or are characterized by an emphasis on specified sexual activities or specified anatomical areas and are not customarily open to the general public because they exclude minors by virtue of their age. This classification does not include any establishment offering professional services conducted, operated, or supervised by medical practitioners, physical therapists, nurses, chiropractors, psychologists, social workers, marriage and family counselors, osteopaths, and persons holding licenses or certificates under applicable State law or accreditation from recognized programs when performing functions pursuant to the respective license or certificate.

B.    Animal Care, Sales and Services. Retail sales and services related to the boarding, grooming, and care of household pets including:

1.    Grooming and Pet Stores. Retail sales of animals and/or services, including grooming, for animals on a commercial basis. Grooming or selling of dogs, cats, and similar small animals. Typical uses include dog bathing and clipping salons, pet grooming shops, and pet stores and shops. This classification excludes dog walking and similar pet care services not carried out at a fixed location, and excludes pet supply stores that do not sell animals or provide on-site animal services.

2.    Kennels. A commercial, nonprofit, or governmental facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the kennel owner or operator. Typical uses include pet clinics, pet day care, animal hospitals for small animals, and animal shelters, but exclude pet shops and animal hospitals that provide twenty-four-hour accommodation of animals receiving medical or grooming services.

3.    Veterinary Services. Veterinary services for small animals. This classification allows twenty-four-hour accommodation of animals receiving medical services but does not include kennels.

C.    Artist’s Studio. Work space for an artist or artisan including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft. This use is distinguished by incidental retail sales of items produced on the premises and does not include joint living and working units.

D.    Automobile/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:

1.    Automobile Rentals. Rental of automobiles. Typical uses include car rental agencies.

2.    Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Typical uses include automobile dealers and recreational vehicle sales agencies. This classification does not include automobile brokerage and other establishments which solely provide services of arranging, negotiating, assisting, or effectuating the purchase of an automobile for others.

3.    Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts, generally on an overnight basis. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting and tire sales and installation, but excludes vehicle dismantling or salvaging and tire retreading or recapping.

4.    Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, and quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors or hazardous materials, and towing services. It also excludes repair of heavy trucks, limousines or construction vehicles.

5.    Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

6.    Large Vehicle and Equipment Sales, Service and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities. Sales of new or used automobiles or trucks are excluded from this classification.

7.    Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services.

8.    Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services (for automobile dismantling, see Salvage and Wrecking).

E.    Banks and Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions serving walk-in customers or clients, including banks, savings and loan institutions, check-cashing services, and credit unions.

F.    Business Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi or delivery services with two or fewer fleet vehicles on site.

G.    Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the general public.

1.    Cinema/Theaters. Facilities for indoor display of films, motion pictures, or dramatic, musical, or live performances. This classification may include incidental food and beverage services to patrons.

2.    Large-Scale. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, golf courses, and facilities with more than five thousand square feet in building area, including fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges (outdoor ranges are prohibited); riding stables; etc. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.

3.    Small-Scale. This classification includes small, generally indoor facilities that occupy less than five thousand square feet of building area, such as billiard parlors, card rooms, health clubs, dance halls, small tennis club facilities, poolrooms, and amusement arcades. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.

H.    Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

1.    Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks.

2.    Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Takeout service may be provided.

3.    Convenience. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where no table service is provided. This classification includes cafes, cafeterias, coffee shops, fast-food restaurants, carryout sandwich shops, limited service pizza parlors and delivery shops, self-service restaurants, snack bars and takeout restaurants. This classification also includes catering businesses or bakeries that have a storefront retail component.

I.    Food Preparation. Businesses preparing and/or packaging food for off-site consumption, excluding those of an industrial character in terms of processes employed, waste produced, water used, and traffic generation. Typical uses include catering kitchens, bakeries with on-site retail sales, and small-scale specialty food production.

J.    Funeral Parlors and Interment Services. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

K.    Lodging. An establishment providing overnight accommodations to transient patrons for payment for periods of less than thirty consecutive calendar days.

1.    Bed and Breakfast. A residential structure that is in residential use with one or more bedrooms rented for overnight lodging and where meals may be provided.

2.    Hotels and Motels. An establishment providing overnight lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, extended-stay hotels, and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, or bed and breakfast establishments within a single-unit residence, which are separately defined and regulated.

L.    Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).

M.    Nurseries and Garden Centers. Establishments primarily engaged in retailing nursery and garden products, such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. Cannabis nurseries may only produce clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. This classification includes wholesale and retail nurseries offering plants for sale.

N.    Offices. Offices of firms or organizations providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities and hospitals (see Hospitals and Clinics).

1.    Business and Professional. Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices and tax preparation offices.

2.    Medical and Dental. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective personal treatment services by doctors, dentists, medical and dental laboratories, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.

3.    Walk-In Clientele. An office business providing direct services to patrons or clients that may or may not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices and offices for elected officials. It does not include banks or check-cashing facilities that are separately classified and regulated.

O.    Parking, Public or Private. Surface lots and structures for use of occupants, employees, or patrons on the subject site or offering parking to the public for a fee when such use is not incidental to another on-site activity.

P.    Personal Services.

1.    General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. This classification also includes massage establishments that are in full compliance with the applicable provisions of Section 18.23.170, Personal services, and in which all persons engaged in the practice of massage are certified pursuant to the California Business and Professions Code Section 4612.

2.    Massage Establishments. Any business, including a sole proprietorship, which offers massage therapy in exchange for compensation, whether at a fixed place of business or at a location designated by the patron. Massage therapy includes the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, or stroking, kneading, rubbing, tapping, compression, pounding, vibrating, rocking or stimulating of, the external surfaces of the body with the hands or with any object or appliance. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly State-licensed to practice their respective professions in the State of California and out-service massage therapists certified pursuant to the California Business and Professions Code Section 4612.

3.    Repealed by Ord. 1525.

4.    Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: (a) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or (b) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Q.    Retail Sales.

1.    Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include construction and material yards, hardware stores less than ten thousand square feet in floor area or plant nurseries.

2.    Convenience Markets. Establishments primarily engaged in the provision of frequently or recurrently needed small personal items or services for residents within a reasonable walking distance. These include various general retail sales and personal services of an appropriate size and scale to meet the above criteria. Typical uses include neighborhood grocery stores, convenience markets, and drugstores.

3.    Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, liquor stores, and retail bakeries.

4.    General Retail. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with twenty-five thousand square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware stores (with ten thousand square feet or less of floor area), and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

5.    Large-Format Retail. Retail establishments (over twenty-five thousand square feet of sales area) that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs.

6.    Price Point Retail. Retail establishment that sells merchandise with a preponderance of single pricing for all items in the store. Merchandise may be but is not limited to generic or private label products specially manufactured for such stores, products manufactured cheaply for a foreign market and imported, products purchased from another retailer or distributor as overstock, closeout, or seasonal merchandise at the end of the season, and promotional goods manufactured to coincide with an event that has since passed.

7.    Second-Hand Store. A retail establishment that buys and sells used products that may include clothing, furniture and household goods, jewelry, household appliances, musical instruments, business machines and office equipment, hand tools, and similar items. This classification does not include book stores, antique stores, junk dealers, scrap/dismantling yards, sale of used vehicles, or pawn shops.

8.    Cannabis Dispensary. An establishment where cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale.

9.    A retail establishment selling firearms or ammunition is one that conducts a business by the selling, leasing or transferring of any firearm or ammunition, or to hold one’s self out as engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition, or to sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade. (Ord. 1540 (Exh. F), 2019: Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.40.050 Industrial use classifications.

A.    Construction and Material Yards. Storage of construction materials or equipment on a site other than a construction site.

B.    Custom Manufacturing. Establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle making shops, woodworking, and custom jewelry manufacturers.

C.    Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes operations such as agriculture processing; cannabis manufacturing; biomass energy conversion; food and beverage processing; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.

D.    Industry, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture and related product manufacturing; and industrial services.

E.    Recycling Facility. A facility for receiving, temporarily storing, transferring and/or processing materials for recycling, reuse, or final disposal. This use classification does not include waste transfer facilities that operate as materials recovery, recycling, and solid waste transfer operations and are classified as utilities.

1.    Reverse Vending Machine. An automated mechanical device that accepts, sorts and processes recyclable materials and issues a cash refund or a redeemable credit slip.

2.    Recycling Collection Facility. An incidental use that serves as a neighborhood drop-off point for the temporary storage of recyclable materials but where the processing and sorting of such items is not conducted on site.

3.    Recycling Processing Facility. A facility that receives, sorts, stores and/or processes recyclable materials.

F.    Research and Development. A facility for scientific research and the design, development, and testing of electrical, electronic, magnetic, optical, pharmaceutical, chemical, and biotechnology components and products in advance of product manufacturing. Includes assembly of related products from parts produced off site where the manufacturing activity is secondary to the research and development activities.

G.    Salvage and Wrecking. Storage and dismantling of vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

H.    Warehousing and Storage. Storage and distribution facilities without sales to the public on site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.

1.    Chemical, Mineral, and Explosives Storage. Storage of hazardous materials including but not limited to pressurized gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.

2.    Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials including but not limited to automobiles, feed, and lumber. Also includes cold storage, freight moving and storage, and warehouses. As an ancillary use, includes storage in small individual spaces exclusively and directly accessible to a specific tenant. This classification excludes the storage of hazardous chemical, mineral, and explosive materials.

3.    Outdoor Storage. Storage of commercial goods in open lots.

I.    Wholesaling and Distribution. Indoor storage and sale of goods to other firms for resale; storage of goods for transfer to retail outlets of the same firm; or storage and sale of materials and supplies used in production or operation, including janitorial and restaurant supplies. Wholesalers are primarily engaged in business-to-business sales, but may sell to individual consumers through mail or Internet orders. They normally operate from a warehouse or office having little or no display of merchandise, and are not designed to solicit walk-in traffic. This classification does not include wholesale sale of building materials (see Building Materials and Services).

J.    Cannabis Microbusiness. A business that cultivates cannabis on an area less than ten thousand square feet and acts as a licensed distributor, Level 1 manufacturer as defined by the State, and retailer, provided such licensee can demonstrate compliance with all requirements imposed by the State on licensed cultivators, distributors, Level 1 manufacturers, and retailers to the extent the licensee engages in such activities. While the State microbusiness permit may allow retail cannabis sales, retail cannabis sales are prohibited in the City. (Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. D (part)), 2015; Ord. 1464 § 3 (Exh. D (part)), 2013; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.40.060 Transportation, communication, and utilities use classifications.

A.    Airports and Heliports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, helipads, aircraft storage buildings, public terminal building and parking, air freight terminal, baggage handling facility, aircraft hangar and public transportation and related facilities, including bus operations, servicing and storage. Also includes support activities such as fueling and maintenance, storage, airport operations and air traffic control, incidental retail sales, coffee shops and snack shops and airport administrative facilities, including airport offices, terminals, operations buildings, communications equipment, buildings and structures, control towers, lights, and other equipment and structures required by the United States government and/or the State for the safety of aircraft operations.

B.    Communication Facilities. Facilities for the provision of broadcasting and other information relay services through the use of electronic and telephonic mechanisms.

1.    Antenna and Transmission Towers. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include wireless telecommunications towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, cellular telephone transmission/personal communications systems towers, and associated equipment cabinets and enclosures.

C.    Facilities within Buildings. Includes radio, television, or recording studios; telephone switching centers, but excludes antennas and transmission towers.

D.    Freight/Truck Terminals and Warehouses. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light Fleet-Based Services).

E.    Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than ten thousand pounds. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, nonemergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Towing and Impound) or taxi or delivery services with two or fewer fleet vehicles on site (see Business Services).

F.    Transportation Passenger Terminals. Facilities for passenger transportation operations. Includes rail stations and bus terminals but does not include terminals serving airports or heliports.

G.    Utilities, Major. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.

H.    Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

I.    Waste Transfer Facility. A facility that operates as a materials recovery, recycling and solid waste transfer operation providing solid waste recycling and transfer services for other local jurisdictions and public agencies that are not located within the City of San Carlos. The facility sorts and removes recyclable materials (including paper, metal, wood, inert materials such as soils and concrete, green waste, glass, aluminum and cardboard) through separation and sorting technologies to divert these materials from the waste stream otherwise destined for landfill. (Ord. 1480 (Exh. D (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.41.010 List of terms. Revised 12/25

Abutting or Adjoining

Access

Accessory Building, see “Building, Accessory”

Accessory Structure, see “Structure, Accessory”

Accessory Use, see “Use, Accessory”

Adjacent

Administrative Guidelines

Alley

Alteration

Awning

Balcony

Base District, see “Zoning District”

Basement

Bedroom

Block

Blockface

Building:

1.    Accessory Building

2.    Main Building

Building Code

Building Face

Building Footprint, see “Footprint”

Building Frontage

Building Height, see “Height”

Building Site

Build-To Line

California Environmental Quality Act (CEQA)

Cannabis

Canopy

Carport

City

City Arborist

City Council

City Engineer

Commercial Cannabis Activity

Community of Trees

Compatible

Compliance Review

Conditionally Permitted

Construction

Construction Activity

Corner Build-to Area

County

Deck

Demolition

Density, Net

Development

Development Agreement

Deviation

Director

District, see “Zoning District”

Drive-Through Facilities

Driveway

Dwelling Unit

Easement

Effective Date

Electrical Code

Emergency

Environmental Impact Report (EIR)

Environmental Review

Erect

Facade

Family

Feasible

Fence-Related Definitions:

1.    Fences

2.    Front-most Wall

3.    Irregular Lot

4.    Lattice

5.    Lot Lines

6.    Replacement

7.    Sight Distance Triangle

8.    Statuary Structures

Flex Space

Floor Area

Floor Area Ratio (FAR)

Foot-Candle, see “Lighting-Related Definitions”

Footprint

Formula Business

Freeway

Frontage, Street

Garage

General Plan

Glare

Government Code

Grade:

1.    Adjacent Grade

2.    Average Grade

3.    Existing Grade

4.    Finished Grade

5.    Grade Plane

Ground Floor

Habitation

Hazardous Materials

Heat

Height

Heritage Tree

Home Occupation

Household

Illegal Use

Intensity of Use

Intersection, Street

Juliet Balcony

Kitchen

Landmark Sites

Landscaping-Related Definitions:

1.    Applicant

2.    Automatic Irrigation Controller

3.    Backflow Prevention Device

4.    Check Valve (Anti-drain Valve)

5.    Drip Irrigation

6.    Emitter

7.    Flow Rate

8.    Hedge

9.    Homeowner-provided Landscaping

10.    Hydrozone

11.    Landscaping

a.    Private Landscaping

b.    Public Landscaping

12.    Mulch

13.    Overhead Sprinkler Irrigation Systems

14.    Overspray

15.    Park Strip

16.    Pervious

17.    Pruning

18.    Rain Sensor

19.    Remove

20.    Runoff

21.    Shrub

22.    Sidewalk

23.    Soil Moisture Sensor

24.    Tree

a.    Community of Trees

b.    Exotic Tree

c.    Founders Tree

d.    Heritage Tree

e.    Private Tree

f.    Protected Tree

g.    Public Tree

h.    Significant Tree

i.    Street Oriented Tree

25.    Trim

26.    Unimproved right-of-way

Lighting-Related Definitions:

1.    Foot-candle

2.    Light Fixture

3.    Light Fixture Cutoff

a.    Full Cutoff

b.    Cutoff

c.    Semi-Cutoff

d.    Non-Cutoff

4.    Shielded Fixture

Living Room

Lot:

1.    Abutting Lot

2.    Corner Lot

3.    Flag Lot

4.    Interior Lot

5.    Key Lot

6.    Reversed Corner Lot

7.    Through Lot

Lot Area

Lot Coverage

Lot Depth

Lot Frontage, see “Frontage, Street”

Lot Line

Lot Line Types:

1.    Front Lot Line

2.    Interior Lot Line

3.    Rear Lot Line

4.    Side Lot Line

5.    Street Side Lot Line

Lot Width

Lower Story Length

Maintenance and Repair

Mansard

Massing Break

Mezzanine, see “Story”

Municipal Code

Noise-Related Definitions:

1.    Ambient Noise Level

2.    Noise

3.    Noise Level Reduction (NLR)

Nonconforming Building, see “Nonconforming Structure”

Nonconforming Lot

Nonconforming Structure

Nonconforming Use

On-Site

On-Site Loading Facilities

Open Space Types:

1.    Private Open Space

2.    Common Open Space

3.    Usable Open Space

Opposite

Ornamentation

Outdoor Storage

Owner

Parcel, see “Lot”

Parking Area

1.    Accessory Parking

2.    Long-Term Parking

Parking, Bicycle

1.    Long-term

2.    Short-term

Parking Space, Off-Street

Peak Time

Permit

Permitted Use

Person

Personal Cannabis Cultivation

Persons with Disabilities

Planning and Transportation Commission

Podium

Preexisting

Principal Use

Project

Protected Tree

Pruning

Public Resources Code

Qualified Applicant

Regional

Retail and Destination-Oriented Uses

Removal

Retail Establishments That Sell Ammunition or Firearms

Review Authority

Right-of-Way

Safe Routes to School

Screening

Setback

Sidewalk

Sight Distance Triangle

Significant Tree

Site

Solar Reflective Index

Specific Plan

Sphere of Influence

State

Story

Street

Street Line

Structural Alterations

Structure:

1.    Structure, Accessory

2.    Structure, Primary (Structure, Main)

3.    Structure, Temporary

Swimming Pool

Tandem Parking

Temporary Use-Related Definitions:

1.    Garage Sales

2.    Outdoor Sales, Temporary and Seasonal

Tree Protection Zone (TPZ)

Trimming

Unit, see “Dwelling Unit”

Use

1.    Accessory Use

2.    Incidental Use

3.    Primary Use

Use Classification

Use Permit

Use Type

Variance

Vehicle

Vibration

Visible Wall

Yard:

1.    Front Yard

2.    Interior Side Yard

3.    Street Side Yard

4.    Rear Yard

Zoning Administrator

Zoning District

(Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1596 § 6 (Exh. A), 2023; Ord. 1580 § 3 (Exh. B), 2022; Ord. 1540 (Exh. G (part)), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1518 § 3 (Exh. C (part)), 2017; Ord. 1464 § 3 (Exh. D (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.41.020 Definitions. Revised 12/25

“Abutting” or “adjoining” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.

“Access” means the place or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

Accessory Building. See “Building, accessory.”

Accessory Structure. See “Structure, accessory.”

Accessory Use. See “Use, accessory.”

“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

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

“Alley” means a public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

“Alteration” means any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. “Alteration” includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs (see also “maintenance and repair”). See “structural alterations” for modifications to any of the supporting members of a structure.

“Awning” means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of nonrigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

“Balcony” means a platform that projects from the wall of a building thirty (30) inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two (2) sides (see also “Deck”).

Base District. See “Zoning district.”

“Basement” means a nonhabitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four (4) feet above finished grade.

“Bedroom” means any room having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room.

“Biological agent” means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsia or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance up to and including Risk Group 3 or Biosafety Level 3 classifications as defined by the National Institute of Health (NIH) or the Centers for Disease Control and Prevention (CDC).

“Biosafety level (BSL)” means the four (4) ascending levels of containment precautions, referred to as Biosafety Levels 1 through 4, required to isolate dangerous biological agents in an enclosed laboratory facility as set forth in the most current edition of Biosafety in Microbiological and Biomedical Laboratories (BMBL) published by the U.S. Department of Health and Human Services Centers for Disease Control and Prevention (CDC) and National Institutes of Health (NIH), based on the primary risk criteria of infectivity, severity of disease, transmissibility, and the nature of the work being conducted. Each level of containment describes the microbiological practices, safety equipment, and facility safeguards for the corresponding level of risk associated with handling an agent.

“Block” means property bounded on all sides by a public right-of-way.

“Blockface” means all property between two (2) intersections that fronts upon a street or abuts a public right-of-way.

“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.

1.    “Accessory building” means a detached subordinate building used only as incidental to the main building on the same lot.

2.    “Main building” means a building in which is conducted the principal use of the lot on which it is situated. In the event a garage is attached to the main building, it shall be made structurally a part of, and have a common wall with, the main building and shall comply in all respects with the requirements of this title applicable to the main building.

“Building Code” means any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code, other State-adopted uniform codes and the minimum building security standards ordinance.

“Building face” means the general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.

Building Footprint. See “Footprint.”

“Building frontage” means the lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business even though another business may also have entitlement to that parking lot.

Building Height. See “Height.”

“Building site” means a lot or parcel of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

“Build-to line” means a line parallel to the lot line where the facade of the building is required to be located.

“California Environmental Quality Act (CEQA)” means Public Resources Code Section 21000 et seq. or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this title, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code.

“Canopy” means a roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

“Carport” means an accessible and usable covered space enclosed on not more than two (2) sides, designed, constructed and maintained for the parking or storage of one (1) or more motor vehicles.

“City” means the City of San Carlos.

“City Arborist” means the City-retained arborist.

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

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

“Commercial cannabis activity” means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of cannabis or a cannabis product, except as set forth in Section 19319 of the California Business and Professions Code, related to qualifying patients and primary caregivers.

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

“Compatible” means that which exists without compromising the safety and health of adjacent buildings and/or uses.

“Compliance review” means ministerial review of qualifying development applications based on the objective design standards of the underlying zoning district.

“Conditionally permitted” means permitted subject to approval of a use permit.

“Construction” means construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

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

“Corner build-to area” means the area of a corner lot where the facade of the building is required to be located.

“County” means the County of San Mateo.

“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “Balcony.”

“Demolition” means the intentional destruction and removal of fifty percent (50%) or more of the enclosing exterior walls and fifty percent (50%) of the roof of any structure.

“Density, net” means the number of dwelling units per acre of land excluding street rights-of-way, public open space, land under water, and certified wetlands and floodplains. Setbacks for wetlands and other sensitive areas, private open space, and public easements shall not be excluded in calculating net density.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

“Development agreement” means an agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code for such development agreements.

“Deviation” from an objective design standard is a request for relief from objective design standards that apply to a project. Deviations may be classified as minor or major, as outlined in Section 18.29.040, and are subject to design review to ensure consistency with the overall intent of the applicable regulations. Approval authority for deviations rests with either the Director or the Planning and Transportation Commission, based on the nature and scope of the request.

“Director” means the Community Development Director of the City of San Carlos or his/her designee.

District. See “Zoning district.”

“Drive-through facilities” means facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies and other commercial uses.

“Driveway” means an accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one (1) family. See also “Family.”

“Easement” means a portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

“Effective date” means the date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

“Electrical code” means any ordinance of the City regulating the alteration, repair and the installation and use of electricity or electrical fixtures.

“Emergency” means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

“Environmental impact report (EIR)” means an environmental impact report as required under the California Environmental Quality Act.

“Environmental review” means an evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

“Erect” means to build, construct, attach, hang, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.

“Facade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

“Family” means one (1) or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fence-Related Definitions. The following terms are related to Section 18.15.040, Fences and walls:

1.    “Fences” means horizontal and vertical structures that are intended to separate properties, retain soil materials and provide security; or as defined by the Building Official. Fences may also be walls, hedges and screen planting.

2.    “Front-most wall” means the facade of the residence (exclusive of accessory and appurtenant structures such as decks, stairwells, etc.) which is located closest to the front property line.

3.    “Irregular lot” means any lot which does not conform to the definition of a corner lot or an interior lot including, but not limited to, through lots, pie and reverse pie shaped lots, flag lots, triangular lots with double street frontages, multisided lots and other lots in the opinion of the Director which are irregular.

4.    “Lattice” means a patterned, crossed material (excluding chain-link fencing) that is arranged to allow at least fifty percent (50%) of light and air through the crossed material. Arrangements allowing less than fifty percent (50%) will be considered solid.

5.    Lot Lines. Rear and side lot lines shall be those defined in this chapter. A property owner of a corner lot may designate which property line abutting a public right-of-way is his/her front and street side property line, for purposes of this section only. No more than one property line abutting a public right-of-way may be designated as a front property line and no more than one property line abutting a public right-of-way may be designated a street side property line.

6.    “Replacement” means the replacement of any post or rail. Posts or rails cannot be paired or reinforced to avoid replacement to current code. Board repair or substitution does not constitute replacement.

7.    “Sight distance triangle” means the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of forty (40) feet along both lines from their intersection that defines a minimum area of unobstructed view.

8.    “Statuary structures” means decorative objects such as birdbaths, fountains, wells and figures.

“Flex space” means floor area constructed so that it can be adapted for retail/restaurant use in the future, but may be used for other uses in the interim.

“Floor area” means the total horizontal enclosed area of all the floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 18.03.080, Determining floor area.

“Floor area ratio (FAR)” means the ratio of the total floor area of all buildings on a lot or other designated building site to the lot area or building site area. See also Section 18.03.090, Determining floor area ratio.

Foot-candle. See Lighting-Related Definitions.

“Footprint” means the horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Section 18.03.100, Determining lot coverage.

“Formula business” means a use that has fifteen (15) or more other business locations in the United States and is required by contract, business model, or practice to maintain any of the following standardized characteristics: merchandise, menu, services, decor, uniforms, architecture, facade, color scheme, or signs. See also Section 18.23.260, Formula business uses.

“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only restricted right or easement of access.

“Frontage, street” means that portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

“Garage” means a building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one (1) or more motor vehicles.

“General Plan” means the City of San Carlos General Plan.

“Glare” means the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

“Government Code” means the Government Code of the State of California.

“Grade” means the location of the ground surface.

1.    “Adjacent grade” means the lowest elevation of ground surface within five (5) feet of the building exterior wall.

2.    “Average grade” means a horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.

3.    “Existing grade” means the elevation of the ground at any point on a lot as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as “natural grade.”

4.    “Finished grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the lot line, or when the lot line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.

5.    “Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than five (5) feet from the building, between the building and a point five (5) feet from the building.

FIGURE 18.41.020-A: GRADE PLANE

“Ground floor” means the first floor of a building other than a cellar or basement that is closest to finished grade.

“Habitation” means regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same lot.

“Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

“Heat” means thermal energy of a radioactive, conductive, or convective nature.

“Height” means the vertical distance from a point on the ground below a structure to a point directly above. See also Section 18.03.050, Measuring height.

Heritage Tree. See “Tree.”

“Home occupation” means a commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 18.23.120, Home occupations. This definition also includes cottage food operations, as defined in Chapter 6.1 of Part 1 of Division 1 of Title 5 of the Government Code and Chapter 11.5 of Part 7 of Division 104 of the Health and Safety Code, which allows individuals to use their home kitchens to prepare, for sale, foods that are not potentially hazardous.

“Household” means one (1) or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities; and who maintain a single mortgage, lease, or rental agreement for all members of the household.

“Illegal use” means any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence.

“Intensity of use” means the extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

“Intersection, street” means the area common to two (2) or more intersecting streets.

“Juliet balcony” means a balcony that has no surface for standing or sitting on.

“Kitchen” means any room or space within a building intended to be used for the cooking or preparation of food.

“Landmark sites” means specific areas with a zoning designation of Landmark Commercial that have been identified as economic opportunity sites targeted for preferred uses that are regional and destination-oriented. Landmark sites were originally included in the East San Carlos Specific Plan, which has since been retired. Policies and objectives for landmark sites are included in the City’s Economic Development Plan and General Plan. Preferred uses for landmark sites include large-scale office complexes and hotels, including compatible ancillary uses. Landmark sites are located in the City of San Carlos as follows:

1.    Landmark Site A. Located at the southeast corner of Holly Street and Industrial Road. This site includes five (5) parcels: 501 Industrial Road (APN 046-090-410), 551 Industrial Road (APN 046-090-330), 595 Industrial Road (APN 046-090-290), 850 East San Carlos Avenue (APN 046-090-210), and 810 East San Carlos Avenue (APN 046-090-220).

2.    Landmark Site B. Located at the northeast corner of Holly Street and Industrial Road. This site includes two (2) parcels: 445 Industrial Road (APN 046-051-060) and 405 Industrial Road (APN 046-051-080).

Landscaping-Related Definitions. The following terms are related to Chapter 18.18, Landscaping:

1.    Applicant” is the person seeking a permit to remove or perform pruning on a protected tree under Chapter 18.18.

2.    “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system.

3.    “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

4.    “Check valve (antidrain valve)” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

5.    “Drip irrigation” means any nonspray low-volume irrigation system specifically designed to apply small volumes of water slowly at or near the root zone of plants utilizing emission devices with a flow rate measured in gallons per hour.

6.    “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

7.    “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

8.    “Hedge” means any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. Hedges are not considered trees for the purposes of this title.

9.    “Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this title, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings.

10.    “Hydrozone” means a portion of the landscaped area having plants with similar water needs.

11.    “Landscaping” means the planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

a.    “Private landscaping” means any landscaping located within the boundaries of privately owned property, and includes any landscaping located within any unimproved right-of-way abutting a private property and in any park strip other than the City-maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only) or sidewalk abutting a private property.

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

12.    “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

13.    “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

14.    “Overspray” means the irrigation water which is delivered beyond the target area.

15.    “Park strip” means that area of the public street located between the face of the curb and closest edge of the sidewalk.

16.    “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

17.    “Pruning” means the removal of more than one-third (1/3) of the crown or existing foliage of the tree or more than one-third (1/3) of the root system.

18.    “Rain sensor” means a component which automatically suspends an irrigation event when it rains.

19.    “Remove” means cutting to the ground; extracting; killing by spraying, girdling, or any other means; or pruning done without a permit or which does not conform to the provisions of a permit.

20.    “Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.

21.    “Shrub” means a bush, hedge or any plant that is not a tree more than twelve (12) inches tall.

22.    “Sidewalk” means any concrete sidewalk lying within that area of the street between the face of the curb and the right-of-way line.

23.    “Soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

24.    “Tree” means any live woody or fibrous plant, the branches of which spring from and are supported upon a trunk.

a.    “Community of trees” means a group of trees of any size which are ecologically related to each other.

b.    “Exotic tree” means any tree known not to be an indigenous tree, hence any tree which has been planted for or has excepted from cultivation.

c.    “Heritage tree” means any:

i.    Indigenous tree whose size, as measured at forty-eight (48) inches above natural grade (unless otherwise indicated), is defined below:

Aesculus californica (buckeye) with a single stem or multiple stems touching each other at forty-eight (48) inches above natural grade and measuring thirty (30) inches in circumference.

Arbutus meniesii (madrone) with a single stem or multiple stems touching each other at forty-eight (48) inches above natural grade and measuring thirty (30) inches in circumference.

Quercus agrifolia (coast live oak) of more than thirty (30) inches in circumference.

Quercus lobata (valley oak) of more than thirty (30) inches in circumference.

Quercus douglassii (blue oak) of more than twenty-four (24) inches in circumference.

Quercus wislizneii (interior live oak) of more than twenty-four (24) inches in circumference.

Sequoia sempervirens (redwood) of more than seventy-two (72) inches in circumference.

Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at forty-eight (48) inches above natural grade and measuring thirty (30) inches in circumference.

ii.    Community of trees;

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

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

e.    “Protected tree” means any significant or heritage tree. The following trees shall not be classified as protected trees regardless of size:

i.    Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon;

ii.    Tree of Heaven: Ailianthus altissima;

iii.    Fruit trees of any kind;

iv.    Monterey Pine: Pinus radiata;

v.    Eucalyptus.

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

g.    “Significant tree” means any tree that is thirty-six (36) inches in circumference (or more) (which is approximately eleven and one-half (11 1/2) inches in diameter), outside of bark, measured at forty-eight (48) inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:

i.    Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon;

ii.    Tree of Heaven: Ailianthus altissima;

iii.    Fruit trees of any kind;

iv.    Monterey Pine: Pinus radiata;

v.    Eucalyptus.

h.    “Street-oriented tree” means a private tree that is within the first five (5) feet of the front property line, in a park strip of a sidewalk, or in a portion of a public street or within the public right-of-way that is not improved or maintained by the City.

i.    “Trim” means the cutting or removal of a portion of a tree which removes less than one-third (1/3) of the crown or existing foliage of a tree, removes less than one-third (1/3) of the root system, and does not kill the tree.

25.    “Unimproved right-of-way” means that portion of a public street, within the public right-of-way, that is not improved or maintained by the City.

Lighting-Related Definitions. The following terms are related to Section 18.15.070, Lighting and illumination:

1.    “Foot-candle” means a quantitative unit of measure for luminance. One (1) foot-candle is equal to the amount of light generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Equal to one (1) lumen uniformly distributed over an area of one (1) square foot.

2.    “Light fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

3.    Light Fixture Cutoff. Light fixtures are classified as full cutoff, cutoff, semicutoff, or noncutoff according to the most recent adopted criteria of the Illuminating Engineering Society of North America (IESNA). The four IESNA classifications are defined as follows (IESNA 2000):

a.    Full Cutoff. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir is zero (0), and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed ten percent (10%) of the luminous flux (in lumens) of the lamp or lamps in the luminaire.

b.    Cutoff. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir does not numerically exceed two and one-half (2 1/2) percent of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed ten percent (10%) of the luminous flux (in lumens) of the lamp or lamps in the luminary.

c.    Semicutoff. The luminous intensity (in candelas) at or above an angle of ninety (90) degrees above nadir does not numerically exceed five percent (5%) of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty (80) degrees above nadir does not numerically exceed twenty percent (20%) of the luminous flux (in lumens) of the lamp or lamps in the luminary.

d.    Noncutoff. There is no candela limitation in the zone above maximum candela.

4.    “Shielded fixture” means outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

“Living room” means the principal room in a dwelling unit designed for general living purposes rather than for sleeping.

“Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the County of San Mateo, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way.

1.    “Abutting lot” means a lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

2.    “Corner lot” means a lot or parcel bounded on two (2) or more sides by street lines that have an angle intersection that is not more than one hundred thirty-five (135) degrees.

3.    “Flag lot” means a lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty (20) feet of width. Also called a “panhandle” lot.

4.    “Interior lot” means a lot bounded on one (1) side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one (1) street with an intersection greater than one hundred thirty-five (135) degrees.

5.    “Key lot” means an interior lot adjoining the rear lot line of a reversed corner lot.

6.    “Reversed corner lot” means a corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

7.    “Through lot” means a lot having frontage on two (2) parallel or approximately parallel streets.

FIGURE 18.41.020-B: LOT AND YARD TYPES

“Lot area” means the area of a lot measured horizontally between bounding lot lines.

“Lot coverage” means the portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Section 18.03.100, Determining lot coverage.

“Lot depth” means the average distance from the front lot line to the rear lot line measured in the general direction of the side lines. See also Section 18.03.060, Measuring lot width and depth.

Lot Frontage. See “Frontage, street.”

“Lot line” means the boundary between a lot and other property or the public right-of-way.

Lot Line Types.

1.    Front Lot Line. On an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a flag or panhandle lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained. Where no lot line is within forty-five (45) degrees of being parallel to the rear lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the rear lot line, will be deemed the front lot line for the purpose of establishing the minimum front yard (see Figure 18.41.020-C).

2.    Interior Lot Line. Any lot line that is not adjacent to a street.

3.    Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five (45) degrees of being parallel to the front lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard (see Figure 18.41.020-C).

4.    Side Lot Line. Any lot line that is not a front or rear lot line.

5.    Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

FIGURE 18.41.020-C: REAR OR FRONT LOT LINE FOR PURPOSES
OF DETERMINING SETBACKS

“Lot width” means the average distance between the side lot lines measured at right angles to the lot depth. See also Section 18.03.060, Measuring lot width and depth.

“Lower story length” means the continuous distance between the rear- and front-facing outer wall surfaces, or right-side- and left-side-facing outer wall surfaces, of the ground floor story of the building, exclusive of cantilevered areas, covered porch areas, or any other unenclosed areas. Posts, columns, chimneys, bay windows, other projections, or walls not part of a fully enclosed portion of the building, are not considered outer wall surfaces for determining lower story length. Where the wall plane of the ground floor jogs or breaks between the front/rear-facing or right/left-side-facing outer wall surfaces, a plane break less than six (6) feet shall be considered continuous for the purposes of determining the lower story length. If the ground floor wall plane break is six (6) feet or greater, the lower story outer wall surface located closest to the required setback shall be treated as the lower story length to be measured for the purposes of determining an allowable projection of the upper story (see Figure 18.41.020-D).

FIGURE 18.41.020-D: LOWER STORY LENGTH FOR THE PURPOSES OF DETERMINING ALLOWABLE UPPER STORY PROJECTION

“Maintenance and repair” means the repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

“Mansard” means a wall which has a slope equal to or greater than two (2) vertical feet for each horizontal foot and has been designed to look like a roof.

“Massing break” means a design technique that reduces the visual bulk of a building by dividing its form into smaller, articulated components.

1.    Minor massing break, multifamily (RM) and mixed-use (MU) districts is a minimum of four (4) feet wide by two (2) feet deep extending the full height of the building above the ground floor and shall include a corresponding break in the roof line.

2.    Major massing break, multifamily (RM) and mixed-use (MU) districts is a minimum of ten (10) feet wide by ten (10) feet deep extending the full height of the building above the ground floor and shall include a break in the roof line.

“Mezzanine” means an intermediate floor within a building interior without complete enclosing interior walls or partitions that is not separated from the floor or level below by a wall and has a floor area that is no greater than one-third (1/3) of the total floor area of the floor below. See “Story.”

“Municipal code” means the City of San Carlos Municipal Code.

Noise-Related Definitions. The following terms are related to Section 18.21.050, Noise:

1.    “Ambient noise level” means the composite of noise from all sources excluding an alleged offensive noise. In this context, the ambient noise level represents the normal or existing level of environmental noise at a given location for a specified time of day or night.

2.    “Noise” means any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

3.    “Noise level reduction (NLR)” means the difference in decibels of noise level from the outside of a building to the interior of a building, generally resulting from various construction methods and the materials used in walls, windows, ceilings, doors, and vents of a building.

Nonconforming Building. See “Nonconforming structure.”

“Nonconforming lot” means a legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.

“Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Chapter 18.19, Nonconforming Uses, Structures, and Lots.

“Nonconforming use” means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Chapter 18.19, Nonconforming Uses, Structures, and Lots.

“On-site” means located on the lot that is the subject of discussion.

“On-site loading facilities” means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Open Space Types.

1.    “Private open space” means open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

2.    “Common open space” means areas for outdoor living and recreation that are intended for the use of residents and guests of more than one (1) dwelling unit.

3.    “Usable open space” means outdoor areas that provide for outdoor living and/or recreation for the use of residents.

“Opposite” means across from or across the street from.

“Ornamentation” means decorative elements of a building facade often using artistic flourishes that enhance the building’s architectural character. Ornamentation includes but is not limited to elements such as awnings, eave brackets, column or pilaster capitals and bases, tiles, reliefs, moldings, lighting fixtures, door and window trim, accent materials or colors, graphic motifs, balconies, balustrades, cornices, entry door features, or other such architectural features.

“Outdoor storage” means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the City.

“Owner” means a person or persons holding single or unified beneficial title to the property, including but not limited to the settler of a grantor trust, a general partner, firm or corporation.

Parcel. See “Lot.”

“Parking area” means an area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

1.    “Accessory parking” means an area of a lot, structure, or any other area, which is designed, reserved for and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the lot.

2.    “Long-term parking” means an area designed for employee parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.

“Parking, bicycle” means a covered or uncovered area equipped with a rack or racks designed and usable for the secure, temporary storage of bicycles.

1.    Long-term. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for four (4) hours or longer.

2.    Short-term. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than four (4) hours.

“Parking space, off-street” means an area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.

“Peak time” means the period of time with the greatest amount of activity and vehicles on the site.

“Permit” means any zoning clearance, conditional use permit, minor use permit, temporary use permit, building permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

“Permitted use” means any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district.

“Person” means any individual, firm, association, organization, partnership, business trust, company, or corporation.

“Personal cannabis cultivation” means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis strictly for personal use. Such activity must be performed by a person who is at least twenty-one (21) years old. No more than six (6) plants may be cultivated in a dwelling unit, as defined in this section.

“Persons with disabilities” means persons who have a medical, physical, or mental condition, disorder or disability, as defined in Government Code Section 12926 or the Americans with Disabilities Act, that limits one (1) or more major life activities.

“Planning and Transportation Commission” means the Planning and Transportation Commission of the City of San Carlos.

“Podium” means the above grade portion of a building that is constructed of concrete. It is usually the ground floor or first two (2) floors of a building depending on the construction type. Podiums often are taller than the wood-framed residential floors above and often contain structured parking. In multifamily residential buildings, the roof of the podium often serves as a courtyard common open space.

“Preexisting” means in existence prior to the effective date of the ordinance codified in this title.

“Principal use” means a use that fulfills a primary or predominant function of an establishment, institution, household, or other entity and occupies at least seventy percent (70%) of the gross floor area.

“Project” means any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title. This term includes, but is not limited to, any action that qualifies as a project as defined by the California Environmental Quality Act.

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

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

2.    Tree of Heaven: Ailianthus altissima;

3.    Fruit trees of any kind;

4.    Monterey Pine: Pinus radiata;

5.    Eucalyptus genera;

6.    Monocot trees including palms and palm relatives.

“Pruning” means the removal of one-fourth (1/4) or more than one-fourth (1/4) of the crown or existing foliage of the tree or one-fourth (1/4) or more than one-fourth (1/4) of the root system.

“Public Resources Code” means the Public Resources Code of the State of California.

“Qualified applicant” means the property owner, the owner’s agent, or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

Regional Retail and Destination-Oriented Uses. Examples include regional shopping, large-scale office complexes and hotels as individual or combined uses intended to serve regional users. Commercial entertainment and recreation and eating and drinking use classifications may be considered as ancillary uses.

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

Retail Establishments That Sell Ammunition or Firearms. A retail establishment selling firearms or ammunition is one that conducts a business by the selling, leasing or transferring of any firearm or ammunition, or to hold oneself out as engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition, or to sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

“Review authority” means the body responsible for making decisions on zoning and related applications.

“Right-of-way” means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

“Safe routes to school” means programs to create safe, convenient, and fun opportunities for children to bicycle and walk to and from schools by removing barriers such as lack of infrastructure, unsafe infrastructure, and lack of programs that promote walking and bicycling.

“Screening” refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.

“Setback” means the area between a property line and a building or structure which must be kept clear or open. See also Section 18.03.040, Measuring distances, and Section 18.03.120, Determining setbacks (yards).

“Sidewalk” means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

“Sight distance triangle” means a minimum area of unobstructed view that occurs at street intersections.

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

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

2.    Tree of Heaven: Ailianthus altissima;

3.    Fruit trees of any kind;

4.    Monterey Pine: Pinus radiata;

5.    Eucalyptus genera;

6.    Monocot trees including palms and palm relatives.

“Site” means a lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unified control.

“Solar reflective index” means a measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero (0) and a standard white (reflectance 0.80, emittance 0.90) is one hundred (100).

“Specific plan” means a plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan pursuant to the provisions of Government Code Section 65450 et seq.

“Sphere of influence” means a plan for the probable physical boundaries and service areas of the City as determined by the Local Agency Formation Commission pursuant to Government Code Section 56076.

“State” means the State of California.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one-third (1/3) of the total floor area of the floor or level below constitutes a story.

“Street” means a public or private thoroughfare which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or lane as defined herein.

“Street line” means the boundary between a street and a lot or parcel of land.

“Structural alterations” means any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roof line or roof shape.

“Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

1.    “Structure, accessory” means a detached subordinate structure, used only as incidental to the main structure on the same lot.

2.    “Structure, primary (structure, main)” means a structure housing the principal use of a site or functioning as the principal use.

3.    “Structure, temporary” means a structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Swimming pool” means a pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half (1 1/2) feet at any point.

“Tandem parking” means an arrangement of parking spaces such that one (1) or more spaces must be driven across in order to access another space or spaces.

Temporary Use-Related Definitions. The following terms are related to Section 18.23.240, Temporary uses:

1.    “Garage sales” means the sale or offering for sale to the general public of over five (5) items of personal property on a portion of a lot in a residentially zoned district, whether inside or outside any building.

2.    “Outdoor sales, temporary and seasonal” means the sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.

“Tree protection zone (TPZ)” means the area surrounding a tree to be protected based upon tree species, age, health, soil, and proposed construction. The TPZ shall have a radius measured from the trunk equal to ten (10) times the diameter of the trunk measured at fifty-four (54) inches above grade or as otherwise specified by a project arborist and approved by the City Arborist.

“Trimming” means the cutting or removal of a portion of a tree which removes less than one-fourth (1/4) of the crown or existing foliage of a tree, removes less than one-fourth (1/4) of the root system, and does not kill the tree.

Unit. See “Dwelling unit.”

“Use” means the purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

1.    “Accessory use” means a use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use and occupies not more than thirty percent (30%) of the gross floor area.

2.    “Incidental use” means a secondary use of a lot and/or building that is located on the same lot but is not customarily associated with the primary use.

3.    “Primary use” means a primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least seventy percent (70%) of the gross floor area of the tenant space or building.

“Use classification” means a system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public and semi-public, commercial, employment, and transportation, communication, and utilities. See Chapter 18.40, Use Classifications.

“Use permit” means a discretionary permit, such as a minor use or conditional use permit, which may be granted by the appropriate City of San Carlos authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority. See Chapter 18.30, Use Permits.

“Use type” means a category which classifies similar uses based on common functional, product, or compatibility characteristics.

“Variance” means a discretionary grant of permission to depart from the specific requirements of this title that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning classification. See Chapter 18.32, Variances.

“Vehicle” means any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

“Vibration” means a periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

“Visible” means capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.

“Wall” means any vertical exterior surface of building or any part thereof, including windows.

“Yard” means an open space other than a court on a lot that is unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.

1.    “Front yard” means a yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this title for the district in which it is located and measured inward from the front lot line.

2.    “Interior side yard” means a yard extending along an interior side of a lot from the front lot line to the rear lot line, and to a depth specified by this title for the district in which it is located and measured inward from the interior side lot line.

3.    “Street side yard” means a yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified by this title for the district in which it is located and measured inward from the street side lot line.

4.    “Rear yard” means a yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this title for the district in which it is located. If a lot has no rear lot line, a line ten (10) feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

“Zoning Administrator” means the Zoning Administrator of the City of San Carlos, or his or her designee.

“Zoning district” means a specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. See Section 18.01.070, Districts established. (Ord. 1626 § 3 (Exh. A), 2025; Ord. 1612 § 1 (Exh. A), 2024; Ord. 1603 § 3 (Exh. A), 2023; Ord. 1597 § 3 (Exh. A), 2023; Ord. 1596 § 6 (Exh. A), 2023; Ord. 1580 § 3 (Exh. B), 2022; Ord. 1540 (Exh. G (part)), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1524 § 2 (Exh. A), 2017; Ord. 1518 § 3 (Exh. C (part)), 2017; Ord. 1480 (Exh. D (part)), 2015; Ord. 1464 § 3 (Exh. D (part)), 2013; Ord. 1438 § 4 (Exh. A (part)), 2011)