South San Francisco
City Zoning Code

Provide the project applicant with the ordinance and procedures for permits, plan checks or design reviews;

Review the landscape documentation package submitted by the project applicant;

Approve or deny the landscape documentation package;

Issue a permit or approve the plan check or design review for the project applicant; and

Upon approval of the landscape documentation package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

Prior to construction, the project applicant shall:

Submit a landscape documentation package to the City.

Upon approval of the landscape documentation package by the City, the project applicant shall:

Receive a permit or approval of the plan check or design review and record the date of the permit or approval in the Certificate of Completion;

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

Elements of the Landscape Documentation Package.

The Landscape Documentation Package shall include the following six elements:

Project Information.

Date,

Project applicant,

Project address (if available, parcel and/or lot number(s)),

Total landscape area (square feet),

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed),

Water supply type (e.g. potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well,

Checklist of all documents in Landscape Documentation Package,

(8)

Project contacts to include contact information for the project applicant and property owner,

(9)

Applicant signature and date with statement, "I agree to comply with the requirements of the Water Efficient Landscape Ordinance and submit a complete Landscape Documentation Package."

Water Efficient Landscape Worksheet.

Hydrozone information table,

Water budget calculations, including Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU).

Soil Management Report;

Landscape Design Plan;

Irrigation Design Plan; and

(f)

Grading Design Plan.

Water Efficient Landscape Worksheet.

A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix B of the State of California Model Water Efficient Landscape Ordinance, which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance (MAWA) is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A of the State of California model water efficient landscape ordinance. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.

Water budget calculations shall adhere to the following requirements:

The plant factor used shall be from Water Use Classification of Landscape Species (WUCOLS) or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

All special landscape areas shall be identified and their water use calculated as shown in Appendix B of the State of California Model Water Efficient Landscape Ordinance.

ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

Soil Management Report. In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:

Submit soil samples to a laboratory for analysis and recommendations.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

The soil analysis shall include:

Soil texture;

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

pH;

Total soluble salts;

Sodium;

Percent organic matter; and

Recommendations.

In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of one in seven lots or approximately 15 percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

The project applicant, or his/her designee, shall comply with one of the following:

If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape Documentation Package; or

If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion.

Landscape Design Plan.

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

Plant material.

Any plant may be selected for the landscape, provided the estimated total water use in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:

-	Protection and preservation of native species and natural vegetation;
-	Selection of water-conserving plant, tree and turf species, especially local native plants;
-	Selection of plants based on local climate suitability, disease and pest resistance;
-	Selection of trees based on applicable City tree ordinances and/or tree shading guidelines, and size at maturity as appropriate for the planting area;
-	Selection of plants from local and regional landscape program plant lists; and
-	Selection of plants from local fuel modification plan guidelines.

Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 20.300.008(D)(l)(g).

Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:

-	Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
-	Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines);
-	Allow for adequate soil volume for healthy root growth; and
-	Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

Turf is not allowed on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable hardscape and where 25 percent means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

(8)

The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

Water Features.

Recirculating water systems shall be used for water features.

Where available, recycled water shall be used as a source for decorative water features.

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

Pool and spa covers are highly recommended.

Soil Preparation, Mulch and Amendments.

Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 20.300.008(D)(l)(e)).

For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

A minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

The landscape design plan, at a minimum, shall:

Delineate and label each hydrozone by number, letter, or other method;

Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.

Identify recreational areas;

Identify areas permanently and solely dedicated to edible plants;

Identify areas irrigated with recycled water;

(f)

Identify type of mulch and application depth;

(g)

Identify soil amendments, type, and quantity;

(h)

Identify type and surface area of water features;

(i)

Identify hardscapes (pervious and non-pervious);

(j)

Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 20.300.008(G) ("Stormwater Management and Rainwater Retention");

(k)

Identify any applicable rain harvesting or catchment technologies as discussed in Section 20.300.008(G) and their 24-hour retention or infiltration capacity;

(l)

Identify any applicable graywater discharge piping, system components and area(s) of distribution;

(m)

Contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and

(n)

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)

Irrigation Design Plan.

This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

System.

Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 square feet. but not more than 5,000 square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:

-	A customer service meter dedicated to landscape use provided by the local water purveyor; or
-	A privately owned meter or submeter.

Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.

-	If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
-	Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City Municipal Code sections for additional backflow prevention requirements.

Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5,000 square feet or larger.

(8)

Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.

(9)

The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

(10)

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

(11)

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

(12)

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 20.300.008(D)(1)(d) regarding the maximum applied water allowance.

(13)

All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard,” all sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

(14)

It is highly recommended that the project applicant inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

(15)

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

(16)

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

(17)

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

(18)

Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

(19)

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

(20)

Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(21)

Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

-	The landscape area is adjacent to permeable surfacing and no runoff occurs; or
-	The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or
-	The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 20.300.008(D)(l)(g)(i)(a)(1). Prevention of overspray and runoff must be confirmed during the irrigation audit.

(22)

Slopes greater than 25 percent shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.

Hydrozone.

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

-	Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
-	The plant factor of the higher water using plant is used for calculations.

Individual hydrozones that mix high and low water use plants shall not be permitted.

On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A of the State of California model water efficient landscape ordinance). This table can also assist with the irrigation audit and programming the controller.

The irrigation design plan, at a minimum, shall contain:

Location and size of separate water meters for landscape;

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;

Static water pressure at the point of connection to the public water supply;

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

Recycled water irrigation systems as specified in Section 20.300.008(H)(4);

(f)

The following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and

(g)

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

Grading Design Plan.

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement.

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

Height of graded slopes;

Drainage patterns;

Pad elevations;

Finish grade; and

Stormwater retention improvements, if applicable.

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;

Avoid disruption of natural drainage patterns and undisturbed soil; and

Avoid soil compaction in landscape areas.

The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law.

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

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

Preservation or incorporation of existing native vegetation and documentation of existing invasive species.

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

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

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

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

Preparation by Qualified Person. Landscaping for commercial projects, industrial projects, institutional projects, and residential projects consisting of more than 12 units shall be prepared by a California Registered Landscape Architect.

Areas to Be Landscaped. The following areas shall be landscaped and may count toward the total area of site landscaping required by the zoning district standards.

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

Figure 20.300.008.E.1: Required Setbacks

Interior Property Lines Abutting Residential Districts. Wherever a non-residential use is located adjacent to a residential district or use, a landscape buffer planted with a mix of trees and shrubs shall be provided along interior property lines. At least one tree of at least 15-gallon size shall be planted per 20 lineal feet or as appropriate to create a tree canopy over the buffer yard. In addition, at least three shrubs shall be planted per 20 lineal feet. At least 10 percent of the required trees shall be 24-inch box size.

Industrial/R&D Use. Ten-foot-wide landscaped buffer yard.

Other Non-Residential Uses. Six-foot-wide landscaped buffer yard.

Building Perimeters. The portions of a building that front a public street shall have one or more landscape planters a minimum of three feet wide installed along:

A minimum 40 percent of street-facing façades for multi-family development of 40 units or more per acre.

A minimum 20 percent of street-facing façades for all other building types.

Figure 20.300.008.E.3: Building Perimeters

Parking Areas. Parking areas as required by Chapter 20.330 (“On-Site Parking and Loading”).

Unused Areas. All areas of a project site not intended for a specific use, including areas planned for future phases of a phased development, shall be landscaped or left in a natural state.

General Landscaping Standards.

Materials.

General. Landscaping may consist of a combination of groundcovers, shrubs, vines, and trees. Landscaping may also include incidental features including stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting. Landscaped areas may include paved or graveled surfaces, provided they do not cover more than 10 percent of the area required to be landscaped. Plant materials and trees shall be selected from among those species and varieties known to thrive in the South San Francisco climate and where applicable, selected from an approved list maintained by the City. Recirculating water shall be used for decorative water features.

Ground Cover Materials. Ground cover shall be of live plant material. Groundcover may include grasses. Non-plant materials including gravel, colored rock, cinder, bark, and similar materials may not be used to meet the minimum planting area requirements required by this section, except with approval of an Alternative Landscape Plan. Mulch must be confined to areas underneath shrubs and trees and is not a substitute for ground cover plants.

Turf Allowance/Drought-Tolerant Materials. The maximum amount of lawn in required landscape areas shall be 20 percent except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. The installation of turf on slopes greater than 25 percent is prohibited. The use of drought-tolerant plant materials is preferred to conserve the City’s water resources. Projects complying with the Prescriptive Compliance Option memorialized in Appendix D of the State of California Model Water Efficient Landscape Ordinance shall comply with the turf allowances in accordance with that Option.

Size and Spacing. Plant materials shall be grouped in hydrozones in accordance with their respective water, cultural (soil, climate, sun and light) and maintenance needs. Plants shall be of adequate size and spacing at the time of installation to provide ample vegetation coverage. Minimum requirements include:

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

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

Trees. At minimum, trees shall be provided in compliance with Chapter 13.30 (“Tree Preservation”) of the South San Francisco Municipal Code. Tree canopies shall cover a minimum of 50 percent of the total required landscape area. One tree species shall exceed 20 percent of total amount of trees provided.

A minimum of 15 percent of the trees planted shall be 24 inch-box or greater in size. All other trees shall be a minimum of 15 gallons in size with a one-inch diameter at breast height (DBH).

Newly planted trees shall be supported with double stakes or guy wires and tree guards per International Society for Arboriculture and American National Standards Institute standards.

Any trees planted along a sidewalk shall be 15 gallon trees no more than 30 feet apart on center.

Any tree to be planted along a lot line or adjacent to a structure shall be no closer to said lot line or structure than one-half the diameter of the particular species’ drip line at maturity, measured from the center of the tree. Any tree that cannot be planted in the ground shall be planted in a planter box at least twice the width and depth of the root ball plus one additional foot in container diameter for every four feet of mature tree height.

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

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

Drivers’ Visibility. Trees and shrubs shall be planted and maintained so that at maturity they do not interfere with traffic safety sight areas, or public safety. Except as otherwise provided in this section, fences, walls, and related structures must comply with Section 20.300.016 (“Visibility at Intersections and Driveways”).

Stormwater Management and Rainwater Retention.

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 20.300.008(D)(l)(f)(i)(c)(1).

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: (a) the one inch, 24-hour rain event; or (b) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, State or federal regulation.

It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.

Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.

Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.

Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.

Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.

Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.

Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.

Irrigation Specifications.

Irrigation Scheduling.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

Irrigation scheduling shall be regulated by automatic irrigation controllers.

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g. CIMIS) or soil moisture sensor data.

Parameters used to set the automatic controller shall be developed and submitted for each of the following:

The plant establishment period;

The established landscape; and

Temporarily irrigated areas.

Each irrigation schedule shall consider for each station all of the following that apply:

Irrigation interval (days between irrigation);

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

Number of cycle starts required for each irrigation event to avoid runoff;

Amount of applied water scheduled to be applied on a monthly basis;

Application rate setting;

Root depth setting;

Plant type setting;

Soil type;

Slope factor setting;

(j)

Shade factor setting; and

(k)

Irrigation uniformity or efficiency setting.

Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

All landscape irrigation audits shall be conducted by a City landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of one in seven lots or approximately 15 percent will satisfy this requirement.

For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 20.300.008(B):

The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

The City shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.

Irrigation Efficiency. For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

Recycled Water.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

Landscapes using recycled water are considered special landscape areas. The ET Adjustment Factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

Graywater Systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 20.300.008(B)(6) for the applicability of this chapter to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater.

Installation and Completion.

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

Timing of Installation. Required landscaping shall be installed prior to the issuance of a Certificate of Occupancy for the associated project.

Exception—Assurance of Landscaping Completion. The Chief Planner may allow the required landscaping to be installed within 120 days after the issuance of a Certificate of Occupancy in special circumstances related to weather conditions or plant availability. A surety in the amount equal to 150 percent of the estimated cost of landscaping, including materials and labor, as well as an agreement that the required landscaping will be installed within 120 days, must be filed with the City to assure completion of landscaping installation within such time. The surety may take the form of cash deposit, irrevocable letter of credit or bond; and together with the agreement, would provide for payment to the City of any costs incurred in contracting for completion of the required landscaping.

Certification of Completion.

The Certificate of Completion shall include the following six elements:

Project information sheet that contains:

Date;

Project name;

Project applicant name, telephone, and mailing address;

Project address and location; and

Property owner name, telephone, and mailing address;

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package;

Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.

Irrigation scheduling parameters used to set the controller (see Section 20.300.008(H)(l));

Landscape and irrigation maintenance schedule (see Section 20.300.008(J)(4));

Irrigation audit report (see Section 20.300.008(H)(2)); and

vi.

Soil analysis report, if not submitted with the Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 20.300.008(D)(1)(e)).

The project applicant shall:

Submit the signed Certificate of Completion to the City for review;

Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.

The City shall:

Receive the signed Certificate of Completion from the project applicant;

“Automatic irrigation controller”

Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

Maintenance.

General. All planting and other landscape elements shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, mowing, weeding, cleaning, fertilizing, and regular watering. Wherever necessary, plantings shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements.

Construction and Subsequent Maintenance.

Areas with invasive species must be cleared prior to construction.

Dispersal of invasive species’ seed by construction equipment must be prevented through covering and containing cut debris prior to transport and disposal off site.

Non-native vegetation and native vegetation removed during construction must be replaced with native species except when the non-native vegetation supports habitat that supports native wildlife.

Trees. Trees shall be maintained by property owners in accordance with industry best practices to be free from physical damage or injury arising from lack of water, chemical damage, accidents, vandalism, insects and disease. Any tree showing such damage shall be replaced with three new trees. At minimum, trees shall be maintained in compliance with Chapter 13.30 (“Tree Preservation”) of the South San Francisco Municipal Code.

Landscape and Irrigation Maintenance Schedule.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

(Reserved)

Definitions.

“Applied water”

means the portion of water supplied by the irrigation system to the landscape.

means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

“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.

“Certificate of Completion”

means the document required under Section 20.300.008(I)(4)).

“Certified irrigation designer”

means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

“Certified landscape irrigation auditor”

means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

“Check valve” or “anti-drain 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.

“Common interest developments”

means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

“Compost”

means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

“Conversion factor (0.62)”

means the number that converts acre-inches per acre per year to gallons per square foot per year.

“Distribution uniformity”

means the measure of the uniformity of irrigation water over a defined area.

“Drip irrigation”

means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Ecological restoration project”

means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

“Effective precipitation” or “usable rainfall” (Eppt)

means the portion of total precipitation which becomes available for plant growth.

“Emitter”

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

“Established landscape”

means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

“Establishment period of the plants”

means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

“Estimated total water use” (ETWU)

means the total water used for the landscape as described in Section 20.300.008(D)(1)(d).

“ET adjustment factor” (ETAF)

means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

“Evapotranspiration rate”

means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

“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.

“Flow sensor”

means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

“Friable”

means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

“Fuel modification plan guideline”

means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

“Graywater”

means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers (Health and Safety Code Section 17922.12).

“Hardscapes”

means any durable material (pervious and non-pervious).

“Hydrozone”

means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or nonirrigated.

“Infiltration rate”

means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

“Invasive plant species”

means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and United States Departement of Agriculture (USDA) PLANTS Database.

“Irrigation audit”

means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency's “WaterSense” irrigation auditing program.

“Irrigation efficiency (IE)”

means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.

“Irrigation survey”

means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

“Irrigation water use analysis”

means an analysis of water use data based on meter readings and billing data.

“Landscape architect”

means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code, Section 5615.

“Landscape area”

means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

“Landscape contractor”

means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

“Landscape documentation package”

means the documents required under Section 20.300.008(D)(1)(c).

“Landscape project”

means total area of landscape in a project as defined in “landscape area” for the purposes of this section, meeting requirements under Section 20.300.008(B).

“Landscape water meter”

means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

“Lateral line”

means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

“Local agency”

means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance codified herein. The local agency is also responsible for the enforcement of said ordinance, including, but not limited to, approval of a permit and plan check or design review of a project.

“Local water purveyor”

means any entity, including a public agency, city, county, or private water company that provides retail water service.

“Low volume irrigation”

means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Main line”

means the pressurized pipeline that delivers water from the water source to the valve or outlet.

“Master shut-off valve”

is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

“Maximum applied water allowance (MAWA)”

means the upper limit of annual applied water for the established landscaped area as specified in Section 20.300.008(D)(1)(d). It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].

“Median”

is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

“Microclimate”

means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

“Mined-land reclamation projects”

means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

“Mulch”

means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or 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.

“New construction”

means, for the purposes of this section, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

“Nonresidential landscape”

means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

“Operating pressure”

means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

“Overhead sprinkler irrigation systems” or “overhead spray irrigation systems”

means systems that deliver water through the air (e.g., spray heads and rotors).

“Overspray”

means the irrigation water which is delivered beyond the target area.

“Parkway”

means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

“Permit”

means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

“Pervious”

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

“Plant factor” or “plant water use factor”

is a factor, when multiplied by ETo, used to estimate the amount of water needed by plants. For purposes of this section, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this section are derived from the publication “Water Use Classification of Landscape Species (WUCOLS)” Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

“Project applicant”

means the individual or entity submitting a landscape documentation package required under Section 20.300.008(D)(1)(c), to request a permit, plan check, or design review from the City. A project applicant may be the property owner or his or her designee.

“Rain sensor” or “rain sensing shutoff device”

means a component which automatically suspends an irrigation event when it rains.

“Record drawing” or “as-builts”

means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

“Recreational area”

means areas, excluding private single-family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

“Recycled water,” “reclaimed water,” or “treated sewage effluent water”

means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

“Reference evapotranspiration” or “ETo”

means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A of the State of California Model Water Efficient Landscape Ordinance, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

“Regional Water Efficient Landscape Ordinance”

means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

“Rehabilitated landscape”

means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 20.300.008(B), and the modified landscape area is equal to or greater than 2,500 square feet.

“Residential landscape”

means landscapes surrounding single-unit or multiple-unit dwelling units.

“Run off”

means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

“Soil moisture sensing device” or “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.

“Soil texture”

means the classification of soil based on its percentage of sand, silt, and clay.

“Special Landscape Area (SLA)”

means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

“Sprinkler head” or “spray head”

means a device which delivers water through a nozzle.

“Static water pressure”

means the pipeline or municipal water supply pressure when water is not flowing.

“Station”

means an area served by one valve or by a set of valves that operate simultaneously.

“Swing joint”

means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

“Submeter”

means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

“Turf”

means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

“Valve”

means a device used to control the flow of water in the irrigation system.

“Water conserving plant species”

means a plant species identified as having a very low or low plant factor.

“Water feature”

means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

“Watering window”

means the time of day irrigation is allowed.

“WUCOLS”

means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

Public Education.

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

The City shall provide information to owners of permitted renovations and new, single-unit dwellings regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this section or engage in other activities that are equally as effective at demonstrating the principles described herein to the satisfaction of the City. To the extent that project applicants comply with the above requirements through signage and to the extent permitted by law, such signs shall comply with the following standards:

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.

Environmental Review. Projects subject to this section must comply with the California Environmental Quality Act (CEQA), as appropriate.

Provisions for Existing Landscapes.

Designate Separate Agency. City may by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this section. City may collaborate with water purveyors to define each entity’s specific responsibilities relating to this section.

Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.

This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

For all landscapes described in subsection (a) that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA= (0.8) (ETo) (LA) (0.62).

For all landscapes described in subsection (a), that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

Water Waste Prevention.

To prevent water waste resulting from inefficient landscape irrigation, runoff is prohibited from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions may be assessed pursuant to subsection Q of this section.

Restrictions regarding overspray and runoff may be modified if:

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

Effective Precipitation. City may consider Effective Precipitation (25 percent of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance:

MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas.

MAWA = (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

Penalties. Violations of this section are subject to the penalties and enforcement procedures set forth in Chapter 20.580 (“Enforcement and Abatement Procedures”) of this Ordinance.

(Ord. 1646 § 2, 2022)

§ 20.300.009 Lighting and Illumination.

Purpose. This section establishes regulations that allow outdoor lighting for uses and activities consistent with the need for utility, safety, and nighttime attractiveness while minimizing:

Light escaping directly from fixtures or indirectly after reflection from surfaces into the atmosphere which causes increased artificial sky brightness;

Glare arising directly from fixtures or from over-illuminated outdoor areas which interferes with effective vision;

Energy waste which increases impacts on the environment through energy production by-products;

Light trespass across property lines; and

Potential disruption to nocturnal ecosystems including human health.

Applicability. The standards of this section apply to all new development and additions where existing gross floor area is expanded by 10 percent or more.

General Standards.

Conformance with Applicable Codes. All outdoor lighting fixtures must be installed and maintained in conformance with the provisions of this Division and applicable Building Codes.

Multiple-Unit Residential Buildings. Aisles, passageways, and recesses related to and within the building complex shall be illuminated with an intensity of at least 0.25 foot-candles at the ground level during the hours of darkness. Lighting devices shall be protected by weather and vandal-resistant covers.

Non-Residential Buildings. All exterior doors, during the hours of darkness, shall be illuminated with a minimum of one foot-candle of light.

Maximum Height. Lighting fixtures shall not exceed the maximum heights specified in the following table.

Table 20.300.009: Maximum Height of Lighting Fixtures
District	Maximum Height
Residential and Downtown Residential zoning districts	16 ft
Downtown/Caltrain Station Area and Form-Based zoning districts	16 ft within 100 ft of any street frontage; 20 ft in any other location.
CC and BPO zoning districts	20 ft within 100 ft of any street frontage; 25 ft in any other location.
All other zoning districts	25 ft

Shielding. All lighting fixtures shall be fully shielded, located, and aimed so that the direct illumination from the fixture shall be confined to the property boundaries of the source. Further, any light fixture located within 50 feet of a residential district or public right-of-way must utilize an internal or external shield, with the light fixture and shield oriented to minimize light trespass onto an adjacent property or right-of-way line. If an external shield is used, its surface must be painted black to minimize reflections.

Figure 20.300.009: Shielding Configurations

No Shield

Internal Shield

External Shield

Motion Sensing Light Fixtures. All motion sensing light fixtures must conform to all applicable standards of this Division, including the shielding standards.

Required Documentation. Photometric data from lighting manufacturers shall be submitted to the City by the project applicant to demonstrate that the lighting requirements have been satisfied.

Prohibited Outdoor Lighting. The following types of outdoor lighting are prohibited:

Outdoor floodlighting.

Search lights, flood lights, laser lights, or similar high intensity light, except as necessary for official emergency services or for meteorological data gathering purposes.

Any lighting device located on the exterior of a building or on the inside of a window which is visible beyond the property boundaries of the lot or parcel with intermittent fading, flashing, blinking, rotating, or strobe light illumination.

Lighting that results in glare to motor vehicles on public rights-of-way.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.300.010 Performance Standards.

Purpose. The specific purposes of this section are to:

Establish permissible limits and permit objective measurement of nuisances, hazards, and objectionable conditions;

Ensure that all uses will provide necessary control measures to protect the community from nuisances, hazards, and objectionable conditions;

Protect any industry from arbitrary exclusion; and

Protect and sustain the natural environment by promoting conservation of energy and natural resources, improving waste stream management, and reducing emission of greenhouse gases.

Applicability. The minimum requirements in this section apply to all land uses in all zoning districts, unless otherwise specified.

General Standard. Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive or other hazard which would adversely affect the surrounding area.

Location of Measurement for Determining Compliance. Measurements necessary for determining compliance with the standards of this chapter shall be taken at the lot line of the establishment or use that is the source of a potentially objectionable condition, hazard, or nuisance.

Hours of Operation. Hours of operation are limited to between 6:00 a.m. and midnight seven days a week for all districts except within the BTP-M, BTP-H, GMPD, MIM, MIH and OPSPD Districts. See Chapter 20.490 ("Use Permits") and Section 20.490.002 ("Applicability") for additional restrictions.

Noise.

Noise Limits. No use or activity shall create ambient noise levels that exceed the standards established in Chapter 8.32 ("Noise Regulations") of the South San Francisco Municipal Code.

Noise Exposure—Land Use Requirements and Limitations. Table 20.300.010 below describes the requirements and limitations of various land uses within the listed Community Noise Equivalent Level (CNEL) ranges as measured in decibels (dB).

Table 20.300.010: Noise Exposure – Land Use Requirements and Limitations
Land Use	CNEL Range (dB)	Requirements and Limitations
Residential and other noise sensitive uses (e.g., schools, hospitals, and churches)	Less than 65	Satisfactory
	65 to 70	Acoustic study and noise attenuation measures required
	Over 70	Not allowed, with the exception of projects deemed appropriate by the City Council, and to the extent necessary, approved through the Local Agency Override process, consistent with Public Utilities Code Ordinance Section 21670 et seq.
Commercial	Less than 70	Satisfactory
	70 to 80	Acoustic study and noise attenuation measures required
	Over 80	Airport-related development only; noise attenuation measures required
Industrial	Less than 75	Satisfactory
	75 to 85	Acoustic study and noise attenuation measures required
	Over 85	Airport-related development only; noise attenuation measures required
Open Spaces	Less than 75	Satisfactory
Open Spaces	Over 75	Avoid uses involving concentrations of people or animals

Noise Attenuation Measures. Noise attenuation measures identified in an acoustic study shall be incorporated into the project to reduce noise impacts to satisfactory levels.

Maximum Acceptable Interior Noise Levels. New noise-sensitive uses (e.g. schools, hospitals, churches, and residences) shall incorporate noise attenuation measures to achieve and maintain an interior noise level of CNEL 45 dB.

Residential Interior Noise Level Reduction. New dwellings exposed to CNEL above 65 dB shall incorporate the following noise reduction design measures unless alternative designs that achieve and maintain an interior noise level of CNEL 45 dB are incorporated and verified by a Board Certified Acoustical Engineer.

All façades must be constructed with substantial weight and insulation;

Sound-rated windows providing noise reduction performance similar to that of the façade must be included for habitable rooms;

Sound-rated doors or storm doors providing noise reduction performance similar to that of the façade must be included for all exterior entries;

Acoustic baffling of vents is required for chimneys, fans, and gable ends;

Installation of a mechanical ventilation system affording comfort under closed-window conditions; and

Double-stud construction, double doors, and heavy roofs with ceilings of two layers of gypsum board on resilient channels.

Airport Noise Evaluation. See Section 20.300.003 ("Airport Land Use Compatibility Plan Consistency") for airport noise evaluation and mitigation requirements based on the San Francisco International Airport Land Use Compatibility Plan.

Vibration. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments by a reasonable person at the lot lines of the site.

Vibration Analysis Required. A vibration analysis prepared by a qualified acoustical consultant is required for the following activities:

All construction-related activities located within 100 feet of residential or other sensitive receptors that require the use of pile driving or other construction method that has the potential to produce high vibration levels.

All new land use development located within 200 feet of existing rail lines.

Exemptions. Vibrations from temporary construction, demolition, and vehicles that enter and leave the subject lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

Historic Structure Protection. Prior to issuance of grading permits, for any development project that is located within 150 feet of a historic structure and requires either: (1) pile driving within 150 feet; or (2) utilization of mobile construction equipment within 50 feet of the historic structure, the property owner/developer shall retain an acoustical engineer to conduct a vibration analysis for potential impacts from construction-related vibration impacts onto the historic structure. The vibration analysis shall determine the vibration levels created by construction activities at the historic structure, and if necessary, develop mitigation to reduce the vibration levels to within the California Department of Transportation's (Caltrans) threshold of 0.12 inches per second peak particle velocity (PPV) for historic buildings.

Light and Glare. Activities, processes, and uses shall be operated in compliance with the following provisions:

Mechanical or Chemical Processes. Light or glare from mechanical or chemical processes, high-temperatures processes including combustion or welding, or from reflective materials on buildings or used or stored on a site, shall be shielded or modified to prevent emission of adverse light or glare onto other properties.

Glare. No use shall be operated such that significant, direct glare, incidental to the operation of the use is visible beyond the boundaries of the lot where the use is located.

Odors. No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the lot lines of a site. Odors from temporary construction, demolition, and vehicles that enter and leave the subject lot (e.g., construction equipment, trains, trucks, etc.) are exempt from this standard.

Heat and Humidity. Uses, activities, and processes shall not produce any emissions of heat or humidity that cause distress, physical discomfort, or injury to a reasonable person, or interfere with ability to perform work tasks or conduct other customary activities. In no case shall heat emitted by a use cause a temperature increase in excess of five degrees Fahrenheit on another property.

Air Contaminants. Uses, activities, and processes shall not operate in a manner that emit excessive dust, fumes, smoke, or particulate matter.

Compliance. Sources of air pollution shall comply with rules identified by the Environmental Protection Agency (Code of Federal Regulations, Title 40), the California Air Resources Board, and the Bay Area Air Quality Management District (BAAQMD).

BAAQMD Permit. Operators of activities, processes, or uses that require “approval to operate” from the BAAQMD, shall file a copy of the permit with the Planning Division within 30 days of permit approval.

Liquid or Solid Wastes.

Discharges to Water or Sewers. Liquids and solids of any kind shall not be discharged, whether directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable standards of the California Regional Water Quality Control Board (California Administrative Code, Title 23, Chapter 3 and California Water Code, Division).

Solid Wastes. Solid wastes shall be handled and stored so as to prevent nuisances, health, safety and fire hazards, and to facilitate recycling. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents or insects, unless stored in closed containers.

Fire and Explosive Hazards. All activities, processes and uses involving the use of, or storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Firefighting and fire suppression equipment and devices standard in industry shall be approved by the Fire Department. All incineration is prohibited with the exception of those substances, including, chemicals, insecticides, hospital materials and waste products, required by law to be disposed of by burning, and those instances wherein the Fire Department deems it a practical necessity.

Hazardous and Extremely Hazardous Materials. The use, handling, storage and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations and the California Fire and Building Code, as well as the laws and regulations of the California Department of Toxic Substances Control and the County Environmental Health Agency. Activities, processes, and uses shall not generate or emit any fissionable or radioactive materials into the atmosphere, a sewage system or onto the ground.

Electromagnetic Interference. No use, activity or process shall cause electromagnetic interference with normal radio and television reception in any residential district, or with the function of other electronic equipment beyond the lot line of the site in which it is situated. All uses, activities and processes shall comply with applicable Federal Communications Commission regulations.

Radioactivity. No radiation of any kind shall be emitted that is dangerous to humans.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.300.011 Projections into Required Yards.

Building projections may extend into required setbacks, subject to the following standards and all applicable requirements of the California Building Code:

Maximum Projection Allowed. Except as provided in any other subsection of this section, no projection may extend closer than three feet to an interior lot line or into a public utility easement.

Architectural Projections. Cornices, canopies, eaves or other architectural features may project up to two feet into any yard, provided that such projection shall not exceed one-half the otherwise required yard width or depth.

Fire Escapes. Fire escapes, required by law, ordinance, or standards of a public agency may project up to four feet into any required yard.

Bay Windows and Chimneys. Bay windows and chimneys may project up to two feet into any interior side yard and three feet into any front, rear, or street side yard, provided that they do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.

Stairways, Stair Landings, and Balconies. Stairways, stair landings, and balconies that service above the first floor level of the building may project up to two feet into any interior side yard and three feet into any front, rear, or street side yard, provided that all such structures shall be open, unenclosed and without roofs, except for lattice type guard railings. Structural supports for stairways and landings may be enclosed.

Decks, Porches, and Stairs. Decks, porches, and stairs which do not extend above the first floor level of the building may be built to within three feet of interior side and rear lot lines, to within 10 feet of the front and to within seven feet of corner side lot lines. If exceeding 18 inches above ground elevation, the maximum project into any yard is three feet. Within the Downtown Residential Districts (DRL, DRM, and DRH), porches, decks and stairs may be built to within five feet of the lane frontage lot line.

Depressed Ramps or Stairways and Supporting Structures. Depressed ramps or stairways and supporting structures, when designed to allow access to parts of buildings below average ground level, may extend into any required yard not more than 42 inches.

Ramps and Similar Structures for Disabled Person’s Accommodation. Any building projections beyond those of this section that are required to accommodate accessibility in accordance with the Americans with Disabilities Act will be reviewed by the Chief Planner. See Chapter 20.510 (“Waivers and Modifications”).

(Ord. 1646 § 2, 2022)

§ 20.300.012 Screening.

Applicability. The standards of this section apply to any of the following:

New development and additions that expand existing floor area by 10 percent or more.

All new exterior equipment and the replacement of exterior equipment where the new equipment is larger than the equipment being replaced.

Screening of Mechanical and Electrical Equipment. All exterior mechanical and electrical equipment shall be screened or incorporated into the design of buildings so as not to be visible from the public right-of-way or public open spaces. Equipment to be screened includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, satellite dishes, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning heating, and blower systems. Screening materials shall be either dense landscaping or constructed of materials that are consistent with the exterior colors and materials of the building.

Common Property Lines. A minimum six-foot high screening wall shall be provided on the interior lot lines of any lot that contains any commercial use, industrial/R&D use, public or semi-public use (except Community Garden, Day Care Center, or Public Park and Recreation Facilities), or transportation, communication and utilities use, as defined in Chapter 20.620 ("Use Classifications") and abuts a residential district. Such screening wall shall be provided at the time of new construction or expansion of buildings, or changes from one use classification to another non-residential use classification.

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

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

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

Maintenance. Screening walls shall be maintained in good repair, including painting, if required, and shall be kept free of litter or advertising. Where hedges are used as screening, trimming or pruning shall be employed as necessary to maintain the maximum allowed height.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.300.013 Swimming Pools and Spas.

Swimming pools and spas shall comply with the following standards:

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

The swimming pool or spa, or the entire property on which it is located, shall be walled or fenced from the street or from adjacent properties; and where located less than 30 feet to any lot line, shall be screened by a masonry wall or solid fence not less than six feet in height on the side facing the lot line.

Swimming pool or spa filtration equipment shall not be closer than 15 feet to the main building on an adjoining lot.

Swimming pools, spas and associated filtration equipment and pumps shall not be located in the front or street side yard. All equipment shall be mounted and enclosed so that its sound is not audible from any other lot.

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

(Ord. 1646 § 2, 2022)

§ 20.300.014 Trash and Refuse Collection Areas.

All trash and refuse collection enclosures shall comply with the California Fire Code, California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit, the City of South San Francisco Source Control Measures, and the City of South San Francisco Site Design Standards Checklist and shall meet the following requirements unless it is demonstrated that they are infeasible as determined by the Chief Planner.

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

General Requirements and Alternatives.

General Requirements. Solid waste and recycling-container enclosures are required for all new development.

Alternatives. Projects with 10 or fewer residential units may have individual trash and recycling containers for each unit, provided that there is a designated screened location for each individual trash container adjacent to the dwelling unit and provided that each unit brings solid waste and recycling containers to the curbside for regular weekly or bi-weekly collection.

Location.

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

Outdoor solid waste and recycling areas shall be consolidated to minimize the number of collection/pick-up sites and located so as to reasonably equalize the distance from the building spaces they serve. There should be a minimum of one outdoor solid waste and recycling enclosure per 50 units.

Solid waste and recycling storage areas shall be accessible to haulers. Storage areas shall be located so that the trucks and equipment used by the City of South San Francisco or its contracted solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing. Project applicants are responsible for procuring current equipment size and turning radius from the City of South San Francisco or its contracted solid waste and recycling collector(s).

Materials, Construction, and Design.

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

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

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

Access to Enclosure from Residential Projects. Each solid waste and recycling enclosure serving a residential project shall be designed to allow walk-in access without having to open the main enclosure gate.

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

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

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

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

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

Drainage. The floor of the enclosure shall have a drain that connects to the sanitary sewer system. If food preparation activities are performed, this drain must first connect to a grease trap/interceptor prior to discharging to the sanitary sewer system.

Travelways and Area in Front of Enclosure. An adequate base to support a truck weight of 62,000 pounds.

Enclosure Cover. A roof or canopy must cover the entire enclosure.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.300.015 Underground Utilities.

All exterior utilities, including, but not limited to, drainage systems, sewers, natural gas lines, water, electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be installed and maintained underground within the site.

All on-site underground utilities shall be designed and installed to minimize the disruption of off-site utilities, paving and landscaping during construction and maintenance.

See Chapter 13.16 (“Underground Utility Installations”) for all additional standards relating to the undergrounding of utilities.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.300.016 Visibility at Intersections and Driveways.

Street Intersections. The maximum height of vegetation or structures is 30 inches within 35 feet from the curb return. This restriction does not apply to:

Permanent buildings;

Utility poles;

Trees trimmed to the trunk and to a line at least eight feet above the level of the intersection;

Saplings or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view;

City signage or signals; or

Places where the contour of the ground is such that there can be no cross visibility at the intersection.

Driveways. Visibility of a driveway approach to a public street shall not be blocked above a height of three feet by vegetation or structures for a depth of 12 feet as viewed from the edge of the right-of-way on either side of the driveway at a distance of 12 feet, in accordance with the Public Works Engineering standards for Sight Triangles Driveway Visibility. This restriction does not apply to:

Permanent buildings;

Utility poles;

Trees trimmed to the trunk and to a line at least eight feet above the level of the intersection;

Saplings or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view;

City signage or signals; or

Places where the contour of the ground is such that there can be no cross visibility at the intersection.

(Ord. 1646 § 2, 2022)

§ 20.310.001 Purpose.

The purpose of this chapter is to prescribe general citywide site and building design standards. The standards of this chapter shall be used in conjunction with the standards for the applicable zoning district located in Division II, Conventional District Regulations, Division III, Form-Based Zoning Districts, or Division IV, Overlays and Plan Districts. In any case of conflict, the standards specific to the zoning district shall override these regulations.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.310.002 General Site and Building Design.

Applicability. This section applies to all development throughout the City.

Grading.

Slopes of Cut/Fill Areas.

Cut surfaces may not exceed 40 percent (two horizontal to one vertical).

Fill slopes may not be constructed on natural slopes steeper than 50 percent and fill surfaces may not exceed 50 percent.

Grading requires conditional approval from the Review Authority where:

Slopes created by grading of the site exceed 30 percent; or

The grading is within 100 feet of a watercourse (top of bank) or any other water body.

Height of Cut/Fill Areas.

Where the height of the fill area is greater than five feet, new fill shall be benched into sound bedrock or other material as determined by a soils engineer or engineering geologist.

Cut and fill banks shall not exceed 30 feet in height, vertically. In the cases of arterial streets, they may exceed 30 feet with the approval of the City Engineer.

Figure 20.310.002.A: Slopes and Height of Cut/Fill Areas

Fill Design Requirements.

All ground surface to be filled must be prepared to receive the fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, and scarifying to provide a bond with the new fill.

No soils containing hazardous or toxic material of any kind may be used as fill. No rock, broken concrete, asphalt, or similar irreducible materials shall be used for fill.

Slope Stabilization. The faces of cut-and-fill slopes shall be prepared and maintained to control against erosion. This consists of planting, use of armor rock, terracing, water breaks, dams, cribbing, rip rap, or combinations thereof. Protection for the slopes shall be installed prior to final inspection. The Chief Building Official may require installation of temporary measures as required to protect exposed areas until permanent measures can be taken.

Terraces. Terraces a minimum four feet in width shall be established at not more than 15-foot intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid-height.

Dust Control. Contractors performing grading operations within the City where dry conditions or dry admixtures are encountered shall adequately and effectively control dust to prevent spread off-site or onto existing structures on-site. Prior to commencement of grading operations, the contractor shall furnish details of proposed dust control measures to the Chief Building Official for approval.

Protection of Trees. Construction vehicles and equipment and excavated soils shall be kept away from under the canopy of any trees on the site which are to be preserved.

Grading Plan Required. For any grading on a site with a natural slope of 15 percent or greater, a grading plan is required.

Drainage.

All drainage plans that alter the slope or contour of a site’s existing drainage pattern are required to obtain approval from the City Engineer.

Where possible, sites must drain directly into the Bay through drainage outfalls.

Cut-and-fill slopes shall be provided with subsurface drainage as necessary for stability. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above the slopes toward the cut has a drainage path greater than 40 feet measured horizontally.

All drainage facilities shall be designed to carry waters to the nearest drainage way approved by the appropriate jurisdiction.

Hillsides. All development on sites with an average grade of 15 percent or more is subject to the following standards:

Height. The maximum height of any building face is 20 feet from finished grade. The exterior wall of any portion of the building that is more than 20 feet above finished grade shall be set back a minimum of five feet from the face of the floor below.

Figure 20.310.002.B: Height of Building Faces on Hillsides

Articulation. Building articulation (bays, recesses, overhangs, or setbacks) shall be incorporated at the downhill side of the structure to reduce the visual impact of the vertical mass.

Roof Design. To encourage buildings with multi-level foundations, the maximum horizontal dimension on a roof plan shall be limited to 50 feet, and no more than 25 percent of the total roof may be less than 2.5 percent in pitch.

Figure 20.310.002.C: Roof Design on Hillsides

Screening of Underfloors. Areas between the lowest floor and finished grade shall be enclosed with finished walls or architectural screening. Exterior structural supports and undersides of floors and decks not enclosed by walls or otherwise screened may be approved only if the Review Authority finds that no alternative type of construction is feasible, and fire-safety and design considerations have been adequately addressed.

Driveways. Driveways shall follow natural terrain contours to the maximum extent feasible to minimize grading and the finished driveway grade shall not exceed an average grade of 18 percent.

Impervious Surfaces. On sites with an average slope of 15 percent or more, the maximum lot coverage by impervious surfaces shall not exceed 40 percent of the gross land area.

Block Lengths. Where a project includes the construction of new rights-of-way, resulting block sizes shall conform to the following standards:

Prohibition on Consolidation of Existing Blocks. Existing block configurations shall not be consolidated to create larger blocks.

Large Site Development. Sites larger than three acres shall be developed into uninterrupted blocks with block faces no longer than 350 feet in length. Where blocks are interrupted by or a publicly-accessible pedestrian path or paseo, block lengths may be a maximum 500 feet.

Building Entrances.

Building entrances shall be emphasized with landscape treatments and architectural treatments.

All building and dwelling units located in the interior of a site shall have direct entrances from the sidewalk that are designed as an extension of, and that connect to, a public sidewalk.

Figure 20.310.002.D: Building Entrances

Entrances located at corners shall have a distinct architectural treatment to create interest at the intersection and facilitate pedestrian flow around the corner. Treatments may include angled or rounded corners, columns, arches, and other architectural elements

Open Space Design and Orientation.

Open spaces shall be accessible, visible and well lit. Benches, light standards, kiosks, trash receptacles, and other street furniture shall be provided in open spaces and shall be designed in a coordinated fashion to enhance the appearance and function of the site and open space

Seating areas in open spaces shall be protected and oriented for maximum sun exposure and protected from the wind.

Creek Access. Unless it is demonstrated to the satisfaction of City staff that no feasible alternative exists, any property with frontage on Colma Creek or San Bruno Creek shall be required to provide, as a part of the on-site landscaping plan, a paved public-access trail along the top of the bank for the portion of the creek bank on the site. The trail shall be compliant with specifications of the City Public Works Department and the Bay Conservation and Development Commission (BCDC), as applicable. Each such trail segment shall connect directly to the creek bank on each adjacent property or a trail segment along the Shoreline (e.g., the Bay Trail).

On-Site Circulation and Parking.

Pedestrian and Bicycle Pathways.

A system of pedestrian walkways shall connect all primary buildings entrances on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas, pedestrian amenities, and transit stops.

Walkways shall be the shortest practical distance between the main entry and sidewalk, generally no more than 125 percent of the straight-line distance.

Walkways must link residential units with recreational and other internal facilities and with other residential units.

Sidewalks and/or walkways shall be provided at a minimum on at least one side of all private and public roadways to residential groupings within a project.

Walkways shall be a minimum of five feet wide, hard-surfaced, and paved with permeable materials.

Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through a raised crosswalk, a different paving material, or similar method.

Where a required walkway is parallel and adjacent to a vehicle travel lane, it must be raised or separated from the vehicle travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Parking Lot Access and Design.

Shared access drives to parking areas are allowed in order to minimize curb cuts and potential conflicts with pedestrians.

Where a project side abuts an alley or lane, access to parking shall be provided from the alley or lane.

On corner lots, curb cuts shall be located on the street frontage with the least pedestrian activity whenever feasible.

On sites fronting local and collector streets, surface parking areas shall be located on the interior side or rear of the site and behind buildings. Parking may be located between a building and a street on sites fronting an arterial street only.

Curb cuts shall be allowed only to provide access to approved garages, carports and parking spaces.

Curb cuts shall be located at least 10 feet from any intersection curb return or pedestrian crosswalk.

Surface parking areas must be separated from on-site buildings by a minimum distance of five feet, which may be occupied by landscaping or walkways.

Parking Structure Access and Design.

Access stairs for parking structures or stackers must directly access a sidewalk or pedestrian alley and must be well-lit and secure.

Pedestrian entries and stairwells for parking structures or stackers must be located adjacent to public streets and along major pedestrian connections, except for a campus environment.

All building floors used as garages and other enclosed or covered parking facilities must be designed with at least one of the following:

Punched openings with spacing and proportions typical of a habitable space; or

Screening that obscures the view of vehicles. Screening may take the form of plants, living walls, wire or metal mesh, fabric, or other durable screening material.

Other design element that provides visual interest and high quality design, to be approved through the Design Review process.

Building Materials and Textures.

Building elevations must incorporate at least three materials and textures: primary, secondary, and detail. A primary material or color comprises 60 percent or more of the façade excluding transparent surfaces; a secondary color comprises no more than 30 percent of the façade excluding transparent surfaces; and a detail is used on trim and architectural details, comprising no more than 10 percent of the façade excluding transparent surfaces.

Primary Building Materials. The following primary cladding materials are allowed:

Glass;

Brick/masonry;

Steel;

Concrete/concrete block;

Metal/painted metal clapboard;

Wood;

Stucco; and

Stone.

Other quality, durable materials may be approved by the Review Authority as part of the project review.

Secondary Materials. The following secondary materials are allowed:

Metal (wrought iron, copper, bronze) with a non-reflective finish;

Wood;

Split-face CMU;

Terra cotta tile;

Brick or brick veneer;

Tile; and

Other quality, durable materials may be approved by the Review Authority as part of the project review.

Prohibited Building Materials. Plywood, corrugated metal, and aluminum are prohibited.

Ground Floor Building Materials.

Building materials used on the ground floor shall be high quality durable materials such as concrete, stone, tile, masonry, or other equivalent quality materials.

The portion of the building measured from grade to two feet above grade that front the public sidewalk shall be constructed of such materials, rather than glass, wood, or stucco.

Glazing for Bird Safety.

The use of bird-safe glazing is required for a minimum 90 percent of all glazing up to 60 feet in height for uninterrupted glazed segments 24 square feet or larger.

Bird-safe glazing includes the following:

Glass that reflects the ultraviolet light (which birds can see);

Glass which has photovoltaic cells embedded;

Dichroic glass;

Fritted glass;

Etched glass;

vi.

Translucent glass; and

vii.

Film.

When glazing incorporates patterns, the pattern must uniformly cover the entire window and consist of elements separated by a minimum two inches wide and a minimum four inches tall (the "2x4 Rule").

Exceptions.

Residential-zoned buildings less than 45 feet tall with less than 50 percent glazing are exempt from glazing requirements. However, the requirement for bird-safe glazing applies to uninterrupted glazed segments 24 square feet or larger.

A minimum 95 percent bird-safe glazing is required for residential-zoned buildings less than 45 feet tall with more than 50 percent glazing.

Requirements may be modified or waived in accordance with a documented recommendation from a qualified biologist.

Architectural Integrity and Unified Palette. All buildings shall be designed with “360-degree design” where each exterior wall is designed equivalent to the primary façade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary façade. Details include, but are not limited to, window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

Additions/Remodels. Notwithstanding the design standards of this chapter, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

Sustainability Standards. All development shall comply with all applicable requirements of Chapter 15.22 ("California Green Building Code") of the South San Francisco Municipal Code.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.310.003 Single-Family and Duplex Residential Design.

Applicability. This section applies to all single-unit and duplex development throughout the City.

Upper-Story Wall Planes. No upper-story wall shall run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth.

Figure 20.310.003.A: Upper-Story Wall Planes

Roofline. Roof design must include a minimum of two forms and slopes. Forms may include, but are not limited to, hips, gables, sheds, dormers, and parapets.

Parapet Length. Parapet segments may not exceed 25 feet in length without interruption in height or form.

Pitch. The pitch of the roof must be 3:12 to 5:12 ratio.

Eaves. Where eaves exceed 18 inches in depth, exterior brackets or beams are required.

Windows. Trim at least two inches in depth must be provided around all windows, or windows must be recessed at least four inches from the plane of the surrounding exterior wall.

Entrances.

Entry Protection. The principal entry shall be located in a visible location facing the street and shall incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area, with a minimum depth of five feet. Alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved by the Chief Planner or the Design Review Board.

Figure 20.310.003.B: Entry Protection

Manufactured Homes. All manufactured homes shall meet the following standards:

Foundation. A manufactured home and any addition to a manufactured home shall be built and securely fastened to a permanent foundation system approved by the Chief Building Official and designed to meet the following requirements:

All manufactured homes and additions to manufactured homes shall be securely anchored to resist flotation, collapse, or lateral movement.

The lowest floor shall be at or above the base flood elevation.

Date of Construction. Each manufactured home shall have been manufactured within 10 years of the date of issuance of a permit to install the manufactured home and must be certified under the National Manufactured Home Construction and Safety Act of 1974.

Roof Overhang. The roof overhang shall not be less than 12 inches around the entire perimeter of the manufactured home as measured from the vertical side of the home. The overhang requirement may be waived at the point of connection where an accessory structure is attached to the manufactured home.

Roof Material. Roof material shall consist of material customarily used for conventional single-unit dwellings, such as tile, composition shingles, and wood shakes and shingles. If shingles and/or wood shakes are used, the pitch of the roof shall be not less than three inches vertical to 12 inches horizontal.

Siding Material. Siding material shall consist of exterior material customarily used for conventional single-unit dwellings, such as stucco, wood, brick, stone or decorative concrete. Metal siding, if utilized, shall be non-reflective and horizontally lapping. Siding material utilized as skirting shall be the same as the material used on the exterior wall surface of the manufactured home.

Skirting. The unit’s skirting must extend to the finished grade.

Parking Design and Access.

Carports and Detached Garages. Carports and detached garages must be constructed of the same materials and in the same style as the main building.

Garage Frontage and Location.

Where garage doors face a street or lane on lots 30 feet wide or more, the total width of the garage door(s) shall not exceed 50 percent of the lot width.

The front wall of a garage must be either set at least five feet behind the primary façade of the building or occupy less than 50 percent of the width of the building façade.

Garages with three or more doors, or garages designed to accommodate three or more non-tandem parked cars, are allowed only on lots 85 feet wide or greater, and at least one garage front must be separated from the remaining garage fronts by at least two feet. Driveways accessing three-car garages are limited to 20 feet in width at the point of intersection with a public right-of-way.

Maximum Number of Driveways per Lot and Maximum Driveway Width. Driveway approaches (curb cuts) shall be allowed only to provide access to, and shall be no wider than, approved garages, carports and parking spaces.

For lots less than 85 feet in width, a maximum of one driveway up to 20 feet wide is allowed for required parking.

For lots 85 feet wide or more, the combined width of all driveways may not exceed 28 feet.

Corner lots and through lots may be allowed more than one driveway on different street frontages if the lot has more than one approved garage, carport, or parking space.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.310.004 Multifamily Residential and Residential Mixed-Use Design.

Applicability. This section applies to all multifamily and residential mixed-use development throughout the City.

Building Modulation/Articulation.

Up to 75 Feet. Building façades up to 75 feet in length along a right-of-way must incorporate at least one of the following on all upper floors:

Window bays a minimum 30 inches in depth from building façade;

At least two recesses a minimum three feet in depth from building façade; or

A regular pattern of balconies.

Figure 20.310.004.A: Building Modulation for Street-Facing Façades Up to 75 Feet in Length

Between 75 and 300 Feet. When a building façade is between 75 and 300 feet in length along a right-of-way, it must be:

Separated into façade bays no greater than 50 feet in width defined by a recess a minimum of four feet in depth; and

Include a change in building height with a minimum of eight-foot difference.

Figure 20.310.004.B: Building Modulation for Street-Facing Façades 75 to 300 Feet in Length

300 Feet or Greater. When a building façade is 300 feet or greater in length along a right-of-way, it must be separated into volumes by:

Recesses a minimum of 40 feet in width and 40 feet in depth that extend the full height of the building; and

A change in building height with a minimum of eight-foot difference.

Figure 20.310.004.C: Building Modulation for Street-Facing Façades 300 Feet in Length

Maximum Façade Length. The maximum dimension of any single building shall not exceed 500 feet; exceptions may be granted with approval of a Conditional Use Permit based on the finding that adequate design features have been incorporated to create visual variety and avoid a large-scale, bulky, or monolithic appearance.

Transitional Standards. Where a development abuts another district with a lower maximum height, the following standards apply:

The maximum height within 40 feet of the abutting district is equal to that of the abutting district.

Figure 20.310.004.D: Maximum Height in a District Within 40 Feet of an Abutting District with a Lower Maximum Height

The maximum height within 50 feet of the abutting district is an additional 10 feet or the maximum allowed height for that district, whichever is lower.

Figure 20.310.004.E: Maximum Height in a District Within 50 Feet of an Abutting District with a Lower Maximum Height

Transect Abutting an RL District. Where a building in a transect zone faces an RL District, the building façade plane may not exceed 40 feet in length without a break of minimum 10 feet in depth and 10 feet in length.

Figure 20.310.004.F: Transect Zones Abutting an RL District

Transect Zones Abutting an RM District. Where a building in a transect zone faces an RM District, the building façade plane may not exceed 48 feet in length without a break of minimum six feet in depth and 10 feet in length.

Figure 20.310.004.G: Transect Zones Abutting an RM District

Corner Treatment. Accentuate building massing at street intersections with at least one of the following elements:

A tower or dome element at least 80 square feet in area;

A decorative parapet;

A rounded corner with enhanced transparency;

Columns or other columnar features; or

Bay windows within six feet of the building corner.

Roofline Form and Variation. Roof designs shall be limited to:

Hip Roofs.

Hip roof design may not exceed 50 feet in horizontal length at the eave.

Hip roofs may be minimum 4:12 slope.

Gables.

Gables must be open in design. Box gables are not allowed.

Gables may be minimum 3:12 slope.

Mansard. Mansard roofs are allowed only for buildings three stories or greater in height.

Dormers.

Parapet.

When used on the first or second floor, a parapet longer than 50 feet in length must include a steps, curves, angles, or other motif to break up the length of the parapet.

At the third floor and above, break up roof lines at intervals no greater that 50 linear feet by changes in direction, pitch, or similar approaches.

Zero Lot Line Façades. Any building façade built at the property line must include a mural or a wall with climbing vines or other vertical live planting.

Windows. Trim at least two inches in width and one inch in depth must be provided around all windows, or windows must be recessed at least three inches from the plane of the surrounding exterior wall.

Figure 20.310.004.H: Window Design

Entrances.

Orientation. All units located along public rights-of-way, BART rights-of-way, or internal paseos/pathways must have the primary entrance, either individual or shared, facing the public street, BART right-of-way, or internal paseo/pathway. Exceptions to this requirement may be approved for projects where multifamily housing is located on four-lane streets carrying high traffic volumes and/or streets that do not allow on-street parking.

Entry Protection.

Conventional Zones. All building entrances shall incorporate a projection (e.g., porch or stoop) or recess at least 40 square feet in area, with a minimum depth of five feet. Alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved by the Chief Planner or Design Review Board.

Figure 20.310.004.I: Entry Protection

Form-Based Zones. All building entrances shall comply with the standards of the applicable base zone and allowable building type and frontage type.

Dwelling Unit Access. Exterior entrances to units shall be in the form of individual or shared entrances at the ground floor of the building. Unit entrances located above the ground floor are also allowed; however, no exterior access corridor located above the ground floor may provide access to five or more units.

Separation of Residential and Nonresidential Entrances. Entrances to residential units shall be physically separated from the entrance to the allowed commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the façade.

Residential Unit Design.

Residential Signifiers. Residential façades shall incorporate at least one element that signals habitation, such as bay windows or balconies.

Units Adjacent to Highways.

Sound-abatement windows shall be installed for all windows on the third story and above that are facing and within 200 feet of Highway 101 or Interstate-380.

All elevated private open spaces within 200 feet of Highway 101 or Interstate-380 shall face away from the highway or interstate.

Affordable Unit Design. Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

Universal Design. For residential projects with at least 10 dwelling units, 10 percent of the units must adhere to the following principles of Universal Design:

At least one entrance without steps and a flat threshold.

Living space on one floor or stair landings big enough to accept lifts.

Wide interior doors (32-inch clear, typically provided with 36-inch door), hallways, and alcoves with 60-by-60-inch turning space at doors, in kitchens, and dead ends.

A 30-by-48-inch clear space at appliances and fixtures in bathrooms and kitchens.

Private Storage Space.

For every 10 units, a minimum of one 200 cubic foot enclosed weather-proofed and lockable private storage space with a minimum horizontal dimension of four feet shall be provided within the project common area.

The total number of private storage spaces may be reduced up to 25 percent by the Chief Planner to address operational characteristics that are incompatible with the storage requirement; the total number of private storage spaces may be reduced up to 50 percent by the Chief Planner if the storage is located proximate to the residential unit.

Open Space Design.

Required Private Open Space Design.

Required private open space may take the form of balconies, decks, patios, fenced yards, and other similar areas outside the residence.

Required private open space shall be accessible to only one living unit by a doorway to a habitable room.

Required Common Open Space Design.

Required common areas may be designed as landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements that enhance the outdoor environment of the development.

Required common open space shall be accessible to all living units on the development site by a stairway or other accessway qualifying as an egress facility from a habitable room.

Common open spaces may be at-grade, elevated, on parking podiums, or on rooftops.

A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust-free surfacing.

Slope shall not exceed 10 percent.

Required Public Open Space.

Conventional Zones. New buildings on lots greater than 15,000 square feet shall provide a plaza, widened sidewalk, or outdoor dining area which provides public seating and is accessible from the public sidewalk.

Minimum Size: 600 square feet.

Minimum Dimensions: 15 feet.

Parking Lot Buffering. The required public area shall be separated from any parking area with a minimum 10 foot wide landscaped buffer area and screened with a decorative wall or berm 2.5 to 3.5 feet high.

Figure 20.310.004.J: Public Open Space Orientation and Dimensions

Form-Based Zones. All development shall comply with the standards of the applicable base zone and required open space types.

Required Public Open Space Design.

Surfaces. Surfaces must be visually distinguishable from areas for vehicular travel. Materials may include turf, landscaping, flagstone, wood planking, textured pavement, pavers, concrete, or other dust-free surfacing.

Slope. Slope shall not exceed five percent.

Visibility and Accessibility. Public open spaces shall be visible from a public street or from on-site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count toward the public space requirement.

Separation from Loading Areas. Plazas and courtyards shall be separated from loading areas with the placement of plazas and courtyards intended to further public access and use of these facilities.

Parking Design and Access.

Maximum Frontage. The total frontage of parking areas visible from the street, including open parking, carports, and garages, but excluding underground parking and parking located behind buildings, shall not exceed 30 percent of the lot frontage and may not exceed 120 feet of lot frontage.

Access.

One driveway or access per 120 feet of linear frontage is allowed.

Driveway or accessway widths shall not exceed 25 feet unless an enlarged width is approved by the City Engineer.

Structured Parking.

Where ground level structured parking or stackers occupy more than 30 percent of a building façade facing a right-of-way or paseo, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building façade. This standard does not apply to parking structures or stackers within the SLR Overlay.

Figure 20.310.004.K: Ground-Level Structured Parking

Development of architectural elements as visual cues (such as stair towers) to promote site orientation and provide visual interest are strongly recommended.

Where buildings are designed with uses directly abutting or “lining” or “wrapping” above-ground parking structures or stackers, the portions of structured parking or stackers facing a street or paseo/pathways must be:

Limited to 30 percent of the building façade; and

Either set back a minimum five feet from the building façade; screened with a living wall; or designed with punched openings to simulate habitable space.

Figure 20.310.004.L: “Wrapped” Structured Parking

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.320.001 Purpose and Applicability.

This chapter is intended to permit continuation of uses and continued occupancy and maintenance of structures that were legally established but do not comply with all of the standards and requirements of this Ordinance in a manner that promotes the public health, safety, and general welfare and does not conflict with the goals and objectives of the General Plan. The provisions of this chapter apply to structures, land, and uses that have become nonconforming by adoption of this Ordinance as well as structures, land, and uses that become nonconforming due to subsequent amendments to its text or to the Official Zoning Map. More specifically, the purpose of these regulations is to distinguish between nonconforming uses that are detrimental to public health, safety, and general welfare and those uses that are economically productive and compatible with surrounding development despite being inconsistent with applicable regulations and requirements.

Nonconforming structures and uses include:

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

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

Nothing contained in this Ordinance shall be deemed to require any change in the plans, construction, or designated use of any building or structure for which a Building Permit has properly been issued, in accordance with the provision of ordinances then in effect and upon which actual construction has been started prior to the effective date of this Ordinance, provided that in all such cases, actual construction shall be diligently carried on until completion of the building or structure.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.320.002 Establishment of Lawful Nonconforming Uses, Structures and Lots.

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

Nonconformities. A nonconformity may result from any inconsistency with the requirements of this Ordinance, including, but not limited to, location, density, floor area, height, yard, usable open space, buffering, performance standards, or the lack of an approved Use Permit or other required authorization. A use or structure shall not be deemed nonconforming solely because it does not conform with the parking dimension standards, overnight vehicle parking limitations, loading, planting area, or screening regulations of the district in which it is located or does not conform to the standards for the following building features: garage door location; garage door width; cornices, eaves, and other ornamental features that exceed maximum projections into required yards; or bay windows, balconies, and terraces above the second floor that exceed maximum projections into required yards. Also see Section 20.330.003(B) ("Nonconforming Parking or Loading").

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

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

Airport Hazards. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.320.003 Continuation and Maintenance of Nonconforming Structures.

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

Maintenance and Repairs. Maintenance, repairs and structural interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure except as provided in Section 20.320.004 (“Alterations and Enlargements to Nonconforming Structures”).

Expansion of Area Occupied by Nonconforming Use. The physical improvement of a nonconforming building or structure containing a nonconforming use shall not increase the area occupied by a nonconforming use.

Nonconforming Signs. Lawfully established signs that do not conform to the requirements of this Ordinance may only be maintained in compliance with the requirements of Chapter 20.360 ("Signs").

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.320.004 Alterations and Enlargements to Nonconforming Structures.

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

Additions to and/or enlargements of nonconforming structures are allowed, and no Use Permit is required, if the addition or enlargement complies with all applicable laws and if the existing use of the property is conforming except as provided for in this chapter.

Additions or enlargements may be made to a building that is designed for and used as a residence without requiring any additional parking space or changes to an existing driveway provided that such alterations or enlargements neither trigger the need for additional parking pursuant to Chapter 20.330 ("On-Site Parking and Loading"), nor occupy the only portion of a lot that can be used for required parking or access to parking.

Notwithstanding the requirements of subsection A above, an accessory dwelling unit in compliance with Section 20.350.003 ("Accessory Dwelling Units") and State law may be developed on a lot that contains a single-unit or multiple-unit residential dwelling that is nonconforming with respect to standards. If the single-unit dwelling is nonconforming because it does not meet parking standards, an accessory dwelling unit may be established when parking for the primary dwelling unit is provided to meet the applicable requirements of Chapter 20.330 ("On-Site Parking and Loading"). Notwithstanding the requirements of Chapter 20.330, parking for the primary dwelling unit may be located in any configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or mechanical parking lifts.

Additions or enlargements that horizontally extend a nonconforming yard or height or an alteration of a portion of a residential building that encroaches into a nonconforming yard or which extends above the permitted height may be authorized subject to the approval of a Minor Use Permit. The Chief Planner may only approve such alterations or enlargements if the use of the property is conforming and if the alteration/enlargement would not:

Further reduce any existing nonconforming yard provided that no setback shall be less than three feet in a residential district;

Exceed applicable building height limits;

Further reduce existing nonconforming lot coverage or floor area ratio requirements;

Occupy the only portion of a lot that can be used for required parking or access to parking when existing parking does not meet the requirements of this Ordinance for the current or proposed use of the structure; and

Be detrimental to the light, views, or privacy of the adjacent neighbor.

Substandard Side or Rear Setbacks in the Downtown. Substandard side and/or rear yard setbacks in the Downtown may be extended on the ground level only and by no more than 50 percent of the existing wall length. In all instances, side yard setbacks shall be a minimum of three feet and rear yard setbacks shall be a minimum of 16 feet.

Within the Floodplain/Sea Level Rise (SLR) Overlay.

Demolition, Renovation, and Replacement. Where proposed demolition, renovation, or replacement occupies more than 50 percent of the gross floor area, additions and improvements are permitted provided the entire structure is brought into conformance with all applicable standards.

Damaged Properties. Redevelopment of properties that have sustained damage and for which a flood insurance claim has been filed may be brought into conformance with all applicable standards.

Additions to or enlargements of nonconforming structures that exceed the maximum allowable lot coverage require approval of a Variance pursuant to the provisions of Chapter 20.500 ("Variances") if the addition or enlargement would increase the coverage of the subject property.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.320.005 Changes and Substitutions of Nonconforming Uses.

No lawful nonconforming use shall be changed to a different use type or subclassification without the approval of a Use Permit unless the new use is permitted by right. This requirement shall not apply to a change of ownership, tenancy, or management where the new use is of the same use type and use classification, if applicable, as the previous use, as defined in Chapter 20.620 ("Use Classifications"), and the use is not expanded or intensified. For the purposes of this section, intensification includes an increase in the number of vehicle trips generated by a use, parking demand, number of employees on a site, hours of operation, and other similar characteristics as determined by the Chief Planner.

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

Absence of Permit. Any use that is nonconforming solely by reason of the absence of a Use Permit may be changed to a conforming use by obtaining a Minor Use Permit pursuant to the requirements in Chapter 20.490 ("Use Permits").

Substitutions. The Chief Planner may allow substitution of a nonconforming use with another nonconforming use, subject to approval of a Substitution of Nonconforming Use in accordance with the provisions of this section.

Application. An application requesting a substitution of a nonconforming use shall be filed with the Planning Division and will be referred to the Chief Planner for review and consideration.

Required Findings. In addition to any other findings required by this Ordinance, a decision to grant a Substitution of Nonconforming Use shall be based on the following findings:

The existing nonconforming use was legally established;

The proposed new use would not be detrimental to public health, safety, or welfare;

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

The proposed new use will not depress the value of nearby properties or create conditions that would impede their redevelopment or use in compliance with the General Plan;

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

The proposed new use will not result in an average daily trip increase based on a Parking Management and Monitoring Study and the unique operational characteristics;

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

The proposed new use will comply with all applicable standards of the district and Citywide standards, there are special circumstances peculiar to the property and its relation to surrounding uses or to the district itself that would justify modification to applicable standards, or the impacts of the new use will be mitigated.

Plan Consistency. The Planning Commission or the Chief Planner may find that the continuation, expansion, or substitution of a nonconforming industrial/R&D use is consistent with the General Plan if the Use Permit or Substitution of Nonconforming Use is subject to a condition that limits the term of such use or any other restriction deemed necessary to ensure that approval of the Use Permit or Substitution of Nonconforming Use would not interfere with, impede, or preclude eventual implementation of the Plan. This determination shall be based on information in the record including, but not limited to, financial analysis and market studies.

Conditions of Approval. In approving a Substitution of Nonconforming Use, the decision-maker may impose any conditions deemed necessary to:

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

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

Achieve the findings for a substitution of nonconforming use granted; or

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

(Ord. 1646 § 2, 2022; Ord. 1649, 10/11/2023; Ord. 1656, 6/12/2024)

§ 20.320.006 Expansion of Nonconforming Uses.

Nonconforming uses shall not be expanded.

(Ord. 1646 § 2, 2022)

§ 20.320.007 Repair and Replacement of Damaged or Destroyed Nonconforming Buildings.

A lawful nonconforming building or structure that is damaged or partially destroyed by fire, explosion, earthquake, or other unintentional act may be restored or rebuilt subject to the following provisions.

If the cost of repair or reconstruction does not exceed 50 percent of the appraised value of the building or structure replacement of the damaged portions of the building is allowed by right provided that the replaced portions are the same size, extent, and configuration as previously existed. The determination of the appraised value shall be the higher of:

The records of the Assessor of the County of San Mateo for the fiscal year during which the application is received; or

An appraisal performed by a certified appraiser.

If the cost of repair or reconstruction exceeds 50 percent of the appraised value of the building or structure replacement determined pursuant to subsection A above, the land and building shall be subject to all of the requirements of this Ordinance. However, the Chief Planner may approve a Minor Use Permit for the structure to be rebuilt to the same size, extent, and configuration as previously existed. In such cases any expansion or change to the previous use must conform to the requirements of this chapter.

The previous subsections notwithstanding, when the cost of repair or reconstruction of a nonconforming residential building destroyed or damaged by an unintentional act exceeds 50 percent of the appraised value of the building at the time the damage occurs and the building is located in any district where residential uses are allowed, the building may be restored to the same size, extent, and configuration as previously existed subject to the approval of a Minor Use Permit and the following requirements:

The minimum number of standard, open and accessible covered parking spaces required by this Ordinance shall be provided;

The number of units to be reconstructed shall be the number of units legally existing at the time of the building’s partial destruction, or one unit for each 950 square feet of lot area, whichever is less; and

There may be no increase in the intensity of any nonconforming condition.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.320.008 Abandonment of Nonconforming Uses.

If the nonconforming use of a building or structure, or a portion of a building or structure ceases for a continuous period of one year, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations for the district in which it is located except as provided below. Abandonment includes the establishment of a conforming use pursuant to the requirements of this Ordinance in any space that was previously occupied by a nonconforming use. It is the responsibility of the applicant to provide evidence demonstrating to the satisfaction of the Chief Planner that the use was legally established and has not been abandoned.

No nonconforming use may be resumed, reestablished, reopened, or replaced by any other nonconforming use after it has ceased for a period of one year subject to the following exceptions:

No lawful residential use can lapse regardless of the length of time of non-use;

A nonconforming use of a portion of a building may be resumed or changed as provided for in Section 20.320.005 ("Changes and Substitutions of Nonconforming Uses”) subject to the approval of a Minor Use Permit.

In any zoning district except a Downtown Residential or Downtown/Caltrain Station Area Zoning District, the Chief Planner may approve an additional one-year time period during which the use will not be considered abandoned; provided, that the Chief Planner finds that economic conditions warrant the additional time. In the event that such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed two years from the date the use ceased to operate unless an additional one-year time period is approved by the Planning Commission in accordance with subsection C, below.

In any zoning district except a Downtown Residential or Downtown/Caltrain Station Area Zoning District, the Planning Commission may approve an additional one-year time period during which the use will not be considered abandoned; provided, that the Commission finds that economic conditions warrant the additional time. In the event that such additional time period is approved, the total period during which the use will not be considered abandoned shall not exceed three years from the date the use ceased to operate. The one-year period shall commence when the use ceases and any one of the following occurs:

The site is vacated;

The business license lapses;

Utilities are terminated; or

The lease is terminated.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.001 Purpose.

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

Ensure that parking is provided for new land uses and major alterations to existing uses to meet the parking needs created by such uses;

Compliment pedestrian-oriented development and promote the use of alternative modes of transportation by providing bicycle parking and parking reductions for development near transit;

Establish standards and regulations for the developer, owner, or operator of any specific use occurring outdoors or within an existing, newly constructed, or relocated building to provide well-designed, on-site parking areas;

Ensure that on-site parking and loading areas are designed and located to protect the public safety; minimize congestion and conflict points on travel aisles and public streets; and where appropriate, buffer surrounding land uses from their impact; and

Require that parking areas are designed to reduce potential environmental impacts, including minimizing stormwater run-off and the heat-island effect.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.002 Applicability.

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

New Buildings and Land Uses. On-site parking shall be provided according to the provisions of this chapter at the time any main building or structure is erected or any new land use is established.

Reconstruction, Expansion and Change in Use of Existing Non-Residential Buildings.

When a change in use, expansion of a use, or expansion of floor area creates an increase of 25 percent or more in the number of required on-site parking or loading spaces, on-site parking and loading shall be provided according to the provisions of this chapter. The existing parking shall be maintained and additional parking shall be required only for such addition, enlargement, or change in use and not for the entire building or site. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification than the former occupant. In the Downtown Parking District, a fee may be paid in lieu of providing parking pursuant to Section 20.330.006(C) ("In-Lieu Fees").

The threshold of 25 percent may be increased at the discretion of the Chief Planner and with submittal of a Parking Study.

Additions and Alterations to Existing Dwelling Units. Parking shall be provided according to the provisions of this chapter based on the total resultant square footage. When an addition is proposed to an existing dwelling unit that does not provide parking in compliance with this chapter, the following regulations apply:

Single-Unit Dwellings.

If there are no off-street parking spaces existing, an addition of less than 100 square feet that increases the total habitable floor area of a dwelling unit to no more than 1,500 square feet of gross habitable floor area and not more than three bedrooms may be permitted.

If there is one off-street space per unit existing, then an addition resulting in a total of up to 1,800 square feet of gross habitable floor area and a maximum of three bedrooms per dwelling unit shall be permitted.

Required parking may limit additions to single-unit dwellings where existing parking has been converted to an accessory dwelling unit in accordance with Section 20.350.003 ("Accessory Dwelling Units").

Multiple-Unit Residential Dwellings.

If there are no off-street parking spaces existing, an addition of less than 100 square feet that increases the total habitable floor area of a dwelling unit to no more than 800 square feet of gross habitable floor area and not more than one bedroom may be permitted.

If there is one off-street space per unit existing, then an addition resulting in a total of up to 1,100 square feet of gross habitable floor area and a maximum of two bedrooms per dwelling unit shall be permitted.

Alterations that Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this chapter. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.

When Constructed. On-site parking facilities required by this chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.003 General Provisions.

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

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

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

(Ord. 1646 § 2, 2022)

§ 20.330.004 Required Parking Spaces.

Maximum Number of Spaces Required. Each land use shall provide no more than the number of on-site parking spaces stated in Table 20.330.004. These parking ratios should not be exceeded unless the land use states a minimum parking requirement. However, the Planning Commission may allow parking in excess of the spaces required pursuant to Table 20.330.004 subject to a Conditional Use Permit and based on a finding that the amount of parking provided is supportive of the recommendations and requirements of a Transportation Demand Management (TDM) plan prepared for the project in accordance with Chapter 20.400 (“Transportation Demand Management”).

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

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

Floor Area. Where an on-site parking or loading requirement is stated as a ratio of parking spaces to floor area, the floor area is calculated per Section 20.040.008 ("Determining Floor Area"), unless otherwise stated.

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

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

Students or Clients. Where a parking or loading requirement is stated as a ratio of parking spaces to students or clients, the number is assumed to be the number of students or clients at the State-certified capacity or at Building Code Occupancy where no State-certification is required.

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

Sites with Multiple Uses. If more than one use is located on a site, a parking management plan shall be submitted to demonstrate that the total number of parking spaces required for all uses is available on the site.

Uses Not Specified. The parking requirement for any use not listed in Table 20.330.004 shall be determined by the Chief Planner based upon the requirements for the most similar comparable use, the particular characteristics of the proposed use, and any other relevant data regarding parking demand. In order to make this determination, the Chief Planner may require a parking demand study or other information, at the applicant’s cost. Where a Conditional Use Permit is required for the use, the Planning Commission shall establish the parking requirement based on the parking study and other information in the record as part of the Conditional Use Permit application process.

Parking Management and Monitoring Study. Where the parking requirement in Table 20.330.004 is listed as "As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E)," the Chief Planner shall establish the parking requirement based on the particular characteristics of the proposed use and the results of a parking management and monitoring study. The Chief Planner may require the provision of parking studies or any other information at the applicant’s cost as needed to assess parking demand for the proposed project. Where a Conditional Use Permit is required for the use, the ultimate parking requirement will be established by the Planning Commission during the Conditional Use Permit application process. Parking Management and Monitoring Studies shall, at minimum, include the following:

Total square footage of all uses within existing and proposed development and the square footage devoted to each type of use.

Parking demand estimates using parking generation studies from professionally recognized and/or comparable studies from development(s) similar to the proposed use(s).

Survey of existing on-street and on-site parking within proximity of the project site.

Management procedures for peak demand periods, including the potential of shared parking, remote parking, wayfinding signage, attendants, or valet, and the anticipated effects on vehicle queues and on-street parking.

Description of other characteristics of the project that could result in reduced or increased parking demand, such as staggered work shifts, telecommuting, employee per square foot or customer/visitor trips compared to the accepted industry standard for that use.

For "Freight/Truck Terminal and Warehouse" and "Parcel Hub" uses, a description of the type of freight to be distributed and radius of delivery map.

Occupancy surveys if requested by the City (not to exceed once every three years).

Transit Station Areas. In accordance with AB 2097, no off-street parking is required for any use located within a Transit Station Area as defined in Chapter 20.621 ("Definitions of Terms"). A project shall be considered to be within one-half mile of a Transit Station Area or high-quality transit corridor if all parcels within the project have no more than 25 percent of their area farther than one-half mile from the stop or corridor and if not more than 10 percent of the residential units or 100 units, whichever is less, in the project are farther than one-half mile from the stop or corridor.

Queuing Area. The number of parking spaces required by Table 20.330.004 does not include queuing space that may be required for vehicles and customers waiting in vehicles for service, pump stations, auto service bays, or similar uses.

Table 20.330.004: Required On-Site Parking Spaces
Land Use Classification	Required Parking Spaces
Residential Use Classifications
Single-Unit Residential, Detached or Attached
Less than 900 sq. ft. and less than 3 bedrooms	1 space min. per unit. In Transit Station Areas: No min., 1 space max. per unit.	Requirements for all Single-Unit Residential Parking: At least one required space must be in a carport or garage. Any additional required spaces may be within a driveway space measuring a minimum of 8′ x 18′.
Less than 2,500 sq. ft. and 4 or fewer bedrooms	2 spaces min. per unit. In Transit Station Areas: No min., 2 spaces max. per unit.
2,500 sq. ft. or more or 5 or more bedrooms	3 spaces min. per unit. In Transit Station Areas: No min., 2 spaces max. per unit.
Accessory Dwelling Unit	1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Chapter 20.350, Accessory Dwelling Units, are exempted from the parking requirement.
Multiple-Unit Residential
Studio and one-bedroom (up to 1,100 sq. ft.)	1 space min. per unit. In Transit Station Areas: No min., 1.0 spaces max. per unit.	Requirements for all Multiple-Unit Residential Parking: One covered space shall be designated for each unit. An unencumbered driveway space measuring a minimum of 8′ x 18′ shall count as an off-street parking space.
Two-bedroom (up to 1,100 sq. ft.)	1 spaces min. per unit. In Transit Station Areas: No min., 1.5 spaces max. per unit.
Three or more bedrooms and 1,101 sq. ft. or larger	1.5 spaces min. per unit. In Transit Station Areas: No min., 2.0 spaces max. per dwelling unit.
Caretaker Unit	1 space per dwelling unit.
Domestic Violence Shelter	As determined by the Chief Planner pursuant to Chapter 20.350, Domestic Violence Shelter.
Family Day Care, Small and Large	None in addition to what is required for the residential use.
Group Residential	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Live-Work	1.5 per unit or for every 1,000 sq. ft. of floor area, whichever is greater.
Low Barrier Navigation Center	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Mobile Home Park	2 spaces per unit. At least one required space must be in a carport or garage.
Residential Care Facility, General	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Residential Care Facility, Limited	None in addition to what is required for the residential use.
Residential Care Facility, Senior	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Public and Semi-Public Use Classifications
Colleges and Trade Schools, Public or Private	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Community Assembly, Small and Large	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Cultural Institutions	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Day Care Center	1 per employee plus additional parking as provided in the Pick-Up/Drop-Off Plan required pursuant to Chapter 20.350, Day Care Centers.
Elderly and Long-Term Care	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Emergency Shelter	1 per 300 sq. ft. of floor area.
Government Offices	1 per 300 sq. ft. of floor area.
Hospitals and Clinics	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Schools, Public or Private	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Social Service Facilities	1 per 300 sq. ft. of floor area.
Commercial Use Classifications
Adult-Oriented Business	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Animal Care, Sales and Services
Kennels	As provided in the Pick-up/Drop-off Plan required pursuant to Chapter 20.350, Animal Care, Sales, and Services.
Pet Day Care	As provided in the Pick-up/Drop-off Plan required pursuant to Chapter 20.350, Animal Care, Sales, and Services.
Pet Store	1 per 300 sq. ft. of floor area.
Veterinary Services	1 per 300 sq. ft. of floor area.
Artists’ Studios	1 per 1,000 sq. ft. of floor area.
Automobile/Vehicle Sales and Services
Automobile/Vehicle Rentals	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Automobile/Vehicle Sales and Leasing	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Automobile/Vehicle Service and Repair, Major or Minor	1 space plus 4 spaces per service bay. 1 per 300 sq. ft. of any retail or office on site.
Automobile/Vehicle Washing	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Service Station	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Banks and Financial Institutions (all Subclassifications)	1 per 300 sq. ft. of floor area.
Building Materials Sales and Services	1 per 500 sq. ft. of floor area; 1 per 1,000 sq. ft. of outdoor display area, plus 1 space for each fleet vehicle.
Business Services	1 per 300 sq. ft. of floor area.
Commercial Cannabis Uses (All Subclassifications)	1 per 300 sq. ft. of floor area.
Commercial Entertainment and Recreation (All Subclassifications)	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Crop Production, Limited	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Eating and Drinking Establishments
Bars/Night Clubs/Lounges	1 per 100 sq. ft. of customer seating area.
Coffee Shops/Cafés	1 per 150 sq. ft. of customer seating area.
Restaurants, Full Service	1 per 100 sq. ft. of customer seating area; no parking is required for outdoor seating when seats provided equal to 50 percent or less of total indoor seating.
Restaurants, Limited Service	1 per 150 sq. ft. of floor area.
Food and Beverage Sales (All Subclassifications)	1 per 300 sq. ft. of floor area.
Funeral Parlors and Mortuaries	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Lodging
Bed and Breakfast	1 per room for rent in addition to parking required for residential use.
Hotels and Motels	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Short-Term Vacation Rental	1 off-street parking space required for use by the short-term vacation rental transient occupants. The required parking for the existing residential use or driveway parking may be used to provide this parking space.
Maintenance and Repair Services	1 per 500 sq. ft. of floor area; 1 per 1,000 sq. ft. of outdoor display area plus 1 space for each fleet vehicle.
Maker’s Space	1 per 1,000 sq. ft. of floor area.
Nurseries and Garden Centers	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Offices (All Subclassifications)	1 per 300 sq. ft. of floor area up to 10,000 sq. ft. 2 per 1,000 sq. ft. of floor area over 10,000 sq. ft. Requirement may be adjusted based on anticipated employee density at discretion of City and excluding carpool/visitor spaces.
Parking Services (All Subclassifications)	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Personal Services
General Personal Services	1 per 300 sq. ft. of floor area.
Instructional Services	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Massage Business	1 per 300 sq. ft. of floor area.
Tattoo or Body Modification Parlor	1 per 300 sq. ft. of floor area.
Retail Sales (All Subclassifications)	1 per 300 sq. ft. of floor area. For appliance and furniture stores and large format retail, as provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Shopping Center (All Subclassifications)	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Industrial/R&D Use Classifications
Clean Technology	1 per 2,000 sq. ft. of use area plus 1 per 300 sq. ft. of office area, plus 1 truck parking space for each delivery vehicle on-site during the peak time.
Construction and Materials Yards	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Contractor Shop	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Food Preparation	1 per 2,000 sq. ft. of use area plus 1 per 300 sq. ft. of office area.
Handicraft/Custom Manufacturing	1 per 2,000 sq. ft. of floor area, plus 1 per 300 sq. ft. of office area.
Industry (All Subclassifications)	1 per 2,000 sq. ft. of use area, plus 1 per 300 sq. ft. of office area plus 1 truck parking space for each delivery vehicle on-site during the peak time.
Recycling Facility
Collection Facility	As provided in the Parking Management and Monitoring Study required pursuant to Chapter 20.350, Recycling Facilities.
Intermediate Processing Facility	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Research and Development	1.5 per 1,000 sq. ft. of floor area.
Warehousing, Storage and Distribution
Chemical, Mineral, and Explosives Storage	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Freight/Truck Terminals and Warehouses	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Indoor Warehousing and Storage	1 per 2,000 sq. ft. of floor area up to 10,000 sq. ft.; 1 per 5,000 sq. ft. of floor area over 10,000 sq. ft., plus 1 per 300 sq. ft. of office area.
Outdoor Storage	1 per 2,000 sq. ft. of floor area up to 10,000 sq. ft.; 1 per 5,000 sq. ft. of floor area over 10,000 sq. ft., plus 1 per 300 sq. ft. of office area.
Parcel Hub	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Personal Storage	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Wholesaling, Distribution, and Logistics	1 per 2,000 sq. ft. of use area up to 10,000 sq. ft.; 1 per 5,000 sq. ft. over 10,000 sq. ft., plus 1 per 300 sq. ft. of office area, plus 1 truck parking space for each delivery vehicle on site during the peak time.
Transportation, Communication, and Utilities Use Classifications
Airports and Heliports	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Communication Facilities
Antennae and Transmission Towers	1 space for maintenance and servicing. Additional spaces to be determined by the Chief Planner.
Facilities within Buildings	To be determined by the Chief Planner.
Fleet-Based Services	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Transportation Passenger Terminals	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).
Utilities, Major	1 for each employee on the largest shift plus 1 for each vehicle used in connection with the use. Minimum of 2.
Utilities, Minor	None
Waste Transfer Facility	As provided in the Parking Management and Monitoring Study required pursuant to Section 20.330.004(E).

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.005 Location of Required Parking.

Residential Uses. Required parking for a residential use shall be located on the same lot as the dwelling(s) served. At least one space per unit must be within a carport or garage. Existing residences on through-lots where the residence faces Grand Avenue or Miller Avenue shall not be required to provide off-street parking after subdivision of the lot. Off-street parking space(s) in a driveway within the front yard setback may be used to satisfy the dwelling unit’s parking requirement, subject to the following standards:

The parking space(s) shall be surfaced with concrete, grasscrete, pervious pavement, or other approved materials with a minimum dimension of eight feet wide by 18 feet deep;

The driveway and any curb cut shall comply with the City’s Public Works standards and be designed in accordance with applicable standards in Section 20.310.002(H)(2) ("Parking Lot Access and Design");

There shall be a minimum 18-foot setback from any structure to the property line or the back of sidewalk, whichever is less, so that vehicles parked in the driveway will not project into the public right-of-way; and

Parking in the required front setback area is restricted to passenger vehicles only.

Unbundling Parking from Residential Uses.

Condominium or other Multiple-Unit Ownership Projects. Parking in excess of one space per unit may be sold or rented separate from the residential unit.

Rental Apartment Developments. All of the provided parking for units that are not deed-restricted affordable units may be unbundled, subject to approval of a Parking Management and Monitoring Study by the Planning Commission.

Deed-Restricted Affordable Units. Parking for deed-restricted units may be unbundled at the same prorated cost as the units (i.e., a 50 percent unbundling discount for a unit at 50 percent AMI).

Required Setback Limitation. No required setback in any zoning district shall be utilized for required parking, except for approved driveways and accessory structures.

Non-Residential Uses. Required parking spaces serving commercial, employment, and other non-residential uses shall be located on the same lot as the use they serve, unless an Alternative Parking Plan is approved as provided in subsection E below.

Alternative Parking Plan. An Alternative Parking Plan serving one or more uses located on a site may be approved with a Conditional Use Permit.

Off-Site Parking Facilities. The Alternative Parking Plan may allow off-site parking serving one or more uses subject to the following standards:

Location. Any off-site parking facility must be located within reasonable walking distance, along a paved handicap accessible walk, of the principal entrance containing the use(s) for which the parking is required.

Parking Agreement. A Parking Agreement subject to review and approval by the City Attorney shall be submitted. The Parking Agreement shall be in one of the two following forms:

A covenant running with the land or an easement, subject to the approval of the City Attorney, recorded in the County Recorder’s Office. The owner of record of the proposed off-site parking facility shall submit a title report for the parcel and a covenant running with the land, or an easement, which describes the parcel and obligates it for parking purposes free and clear of exceptions which would interfere with the use, describes the obligation of the party to maintain the parking facility, and describes the parking facility by a parking diagram; or

A parking lease agreement for the proposed off-site parking facility signed by both the permittee and property owner or agent of the property owner authorized to bind the owner and shall be subject to the approval of the City Attorney and recorded in the County Recorder’s Office. The parking lease agreement shall run with the use and state the number of spaces subject to the lease and the days and hours of operation when the parking will be leased, term/duration of the lease, and include a description of the facility, including a parking diagram.

Valet Parking. The Alternative Parking Plan may allow valet parking as a means of satisfying all or a portion of the off-street parking proposal. Valet parking may be used to accommodate more parking spaces on the site of the principal use served by the parking than could be accommodated in conformance with the applicable parking area design and development standards of Section 20.330.010 ("Parking Area Design and Development Standards"). Any valet parking shall not use on-street parking or imperil public safety.

(Ord. 1646 §2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.006 Parking Reductions.

Density Bonus. Parking standards may vary for residential development projects receiving a density bonus pursuant to Chapter 20.390 (“Bonus Residential Density”) and California Government Code Section 65915(p).

Higher TDM Tier. For projects that commit to a higher TDM tier than is otherwise required (for example, a Tier 2 project commits to Tier 3 monitoring), the number of required parking spaces may be reduced by 25 percent of the normally required number of spaces stated in Table 20.330.004 with Conditional Use Permit approval. See Chapter 20.400 (“Transportation Demand Management”).

In-Lieu Fees in the Downtown. In the Downtown Parking District, the City may establish a parking mitigation fund and allow payment of a fee in lieu of providing required parking on-site or off-site.

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

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

Off-street parking facilities, including acquisition, development, and maintenance of parking facilities located in the Downtown Parking District;

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

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

Transportation system management projects, all costs including, but not limited to, personnel, equipment, and physical facilities.

Shared Parking. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced up to 50 percent with a Conditional Use Permit, if the Planning Commission finds that all of the following are true:

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

The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately;

If the Chief Planner requires a Parking Management and Monitoring Study, the study shall be prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and

In the case of a shared parking facility that serves more than one property, a Parking Agreement has been prepared consistent with the provisions of Section 20.330.005(E)(1) ("Off-Site Parking Facilities").

Other Parking Reductions. Required parking for any use may be reduced through approval of a Conditional Use Permit.

Criteria for Approval. The Planning Commission may only grant a Conditional Use Permit for reduced parking if it finds that:

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

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

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

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.007 Bicycle Parking.

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

Parking Spaces Required. Short-term bicycle parking spaces shall be provided for the following uses at a rate of five percent of the number of required automobile parking spaces, with a minimum of four parking spaces provided per establishment.

Multiple-Unit Residential with eight or more units;

All uses in the Public and Semi-Public Land Use Classification except Community Gardens; and

All uses in the Commercial Land Use Classification except Animal Care, Sales, and Services; Artist’s Studios; Crop Production, limited; and Maker’s Spaces.

Standards for Short-Term Bicycle Parking.

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

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

Downtown. Bicycle parking in the Downtown districts may be located within the public right-of-way subject to review and approval from the Chief Planner and City Engineer provided an unobstructed sidewalk clearance of four feet shall be maintained for pedestrians at all times.

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

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

Long-Term Bicycle Parking. Long-term bicycle parking shall be provided, according to the provisions of this section, in order to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

Parking Required.

Residential Uses. A minimum of one bicycle parking space shall be provided for every four units for multifamily and group residential projects.

Other Uses. Any establishment with 10 or more employees shall provide long-term bicycle parking in an amount equivalent to at least five percent of required or maximum permitted vehicular spaces, as applicable.

Parking Structures. Long-term bicycle parking shall be provided at a ratio of one space per 50 vehicle spaces.

Standards for Long-Term Bicycle Parking. Long-term bicycle parking must meet the following standards:

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

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

Security. Long-term bicycle parking must be in at least one of the following facilities:

An enclosed bicycle locker;

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

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

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.008 Electric Vehicle Charging Station.

Electric vehicle (EV) charging stations and EV-capable parking spaces shall be provided for all new buildings erected as required by this section. All such spaces shall be included in the calculation of parking demands of Section 20.330.004 (“Required Parking Spaces”).

Required EV Charging Stations. The total number of required EV charging stations spaces are specified in Table 20.330.008 or in accordance with the most current California Green Building Standards Code, whichever standard is greater.

Table 20.330.008: Required EV Charging Spaces
Total Number of Required or Maximum Required Parking Spaces, as Applicable	Minimum EV Charging Stations
0 – 9	0
10 – 25	1
26 – 50	2 for residential uses; 2 for non-residential uses
51+	6% of total

Size. The size of EV charging station parking spaces and EV-capable parking spaces shall be as specified in Section 20.330.010 ("Parking Area Design and Development Standards"). EV supply equipment shall not reduce the size of the parking space.

Accessible EV Spaces. Where accessible parking requirements are required, at least one EV space or EV charging station shall meet current van accessible dimensions, as defined by the California Building Code, and be connected to a barrier-free accessible route of travel to the building. No accessible markings shall be made on the EV space or EV charging station with van accessible dimensions. The EV space with van accessible dimensions shall be the first EV charging station established on the property.

EV Charging Stations. EV charging stations shall be allowed within any zoning district subject to all applicable requirements of the Municipal Code in addition to the following:

EV parking spaces shall be equipped with electric vehicle supply equipment (EVSE), which shall be Level 2 or higher and installed in accordance with the requirements of the California Green Building Standards Code.

The EV charging station shall be protected as necessary to prevent damage by automobiles.

Any EV charger shall be listed and labeled by an approved testing agency.

The EV charging station shall have complete instructions and appropriate warnings posted in an unobstructed location next to each EV charging station.

EV Stations for Public Use. EV charging stations for public use must be visible from the right-of-way and illuminated during nighttime business hours.

One standard non-illuminated sign, not to exceed four square feet in area and eight feet in height, may be posted for the purpose of identifying the location of each cluster of EV charging stations.

The EV charging station may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.

The following information shall be posted at a public EV charging station:

Voltage and amperage levels;

Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

Usage fee;

Safety information; and

Contact information for reporting when the equipment is not operating or other problems.

Construction and Installation. Construction shall comply with Section 5.106.5.3.1 or Section 5.106.5.3.2 of the California Green Building Standards Code to facilitate future installation of EV supply equipment.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.009 On-Site Loading.

Loading Spaces Required. Every new building, and/or building enlarged by more than 5,000 square feet that is to be occupied by a manufacturing establishment, storage facility, warehouse facility, parcel hub, live-work development, retail store, eating and drinking establishment, wholesale store, market, hotel, hospital, mortuary, laundry, dry-cleaning establishment, or other use similarly requiring the receipt or distribution by vehicles or trucks of material or merchandise shall provide off-street loading and unloading areas as indicated in Table 20.330.009. Such on-site loading space shall be maintained during the existence of the building or use that it is required to serve.

Reduction in Number of Loading Spaces Required. The loading space requirement may be waived upon a finding by the Chief Planner and City Engineer that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such loading space will not be needed.

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

Table 20.330.009: Required Loading Spaces
Building Square Footage	Required Loading Spaces
0 – 6,999	0
7,000 – 30,000	1; Not required if the use is located in the Downtown and is accessible by an alley or lane
30,001 – 90,000	2; 1 if the use is located in the Downtown and is accessible by an alley or lane
90,001 – 150,000	3
150,001 – 230,000	4
230,001 +	1 per each additional 100,000 gross square feet or portion thereof.

Common Loading Areas. A common loading area may be provided if each tenant space is not provided a separate loading area.

Drive-In Roll-up Doors. Drive-in roll-up doors for multi-tenant industrial projects may be substituted for required loading areas.

Minimum Size. Each on-site loading space required by this chapter shall not be less than 12 feet wide, 50 feet long, and 14 feet high, exclusive of driveways for ingress and egress, maneuvering areas and setbacks. The minimum size requirement may be modified upon a finding by the Chief Planner and City Engineer that the applicant has satisfactorily demonstrated that due to the nature of the proposed use, such size will not be needed.

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

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.330.010 Parking Area Design and Development Standards.

Accessible Parking. Each lot or parking structure where parking is provided for the public as clients, guests, or employees shall include parking accessible to handicapped or disabled persons as near as practical to a primary entrance and in accordance with the standards for the number of spaces, size, location, signing, and markings/striping set forth in Chapter 71, “Site Development Requirements for Handicapped Accessibility” of Title 24 of the California Code of Regulations.

Shoreline Access Parking. Parking spaces required for public shoreline access shall be convenient to the shoreline and shall be properly and clearly marked and posted consistent with the California Vehicle Code.

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

No more than two vehicles shall be placed one behind the other.

Both spaces shall be assigned to one dwelling unit or to employees of the same non-residential establishment.

The tandem parking bay shall be a minimum 10 feet wide by 40 feet long in dimension.

Tandem spaces with a width greater than 10 feet (i.e., side-by-side tandem) shall use decorative pavers or "grasscrete."

Tandem parking to meet required parking for multiple-unit development shall be located within an enclosed structure and the number of tandem parking spaces shall not exceed 50 percent of the total number of spaces.

Tandem parking shall not be used to satisfy the parking requirement for guest parking.

Parking Lifts. Parking may be permitted in parking lifts provided that, if it is necessary to remove one vehicle from the lift to access another vehicles, the parking shall be subject to the provisions of subsection C above applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. Exterior parking lifts are not allowed.

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

Standard Parking Spaces. The minimum basic dimension for standard parking spaces is eight and one-half feet wide by 18 feet long.

Compact Parking Spaces. The minimum basic dimension for compact parking spaces is eight feet wide by 16 feet long. For uses requiring 10 or more parking spaces, a maximum of 35 percent of those spaces may be compact parking. Compact parking spaces shall be permanently identified.

Parking Space Widths. Parking space width is measured from the inside edge of the parking space striping to the outside edge of parking space striping.

Parking Space Dimensions. Table 20.330.010 and Figure 20.330.010(E)(1) provide the dimensions of spaces (stalls) and aisles according to angle of parking spaces. The required aisle width may be modified upon a finding by the City Engineer that sufficient space is provided so that maneuvering areas will not interfere with traffic and pedestrian circulation.

Setback of Cross Drive Aisles. Cross drive aisles along main drive aisles connecting directly to a street shall be set back at least 50 feet from the lot line abutting the street. This setback may be reduced through a Conditional Use Permit if the Review Authority finds that sufficient setback is provided so that traffic and pedestrian circulation will not be impeded.

Parking Spaces Abutting Wall, Fence, or Column. Each parking space adjoining a wall, fence, column, or other obstruction higher than 0.5 feet shall be increased by one foot on each obstructed side, provided that the increase may be reduced by 0.25 feet for each one foot of unobstructed distance from the edge of a required aisle, measured parallel to the depth of the parking space.

Minimum Dimensions for Residential Carports. Each single-car carport shall measure at least 10 feet wide by 20 feet long. Each double carport shall measure at least 20 feet wide by 20 feet long. The width of the carport is to be measured from inside face of support to inside face of opposite support. The carport roof shall cover the entire 20-foot length of the space. Unless adequate enclosed storage area is provided elsewhere on-site, the carport shall include a minimum 80 cubic feet of enclosed, uninhabitable and nonconditioned storage space.

Minimum Dimensions for Residential Enclosed Garages. Enclosed garages serving residential uses shall be constructed to meet the following minimum inside dimensions:

A single-car garage shall be at least 10 feet wide and 20 feet long unobstructed.

A double-car garage shall be at least 20 feet wide and 20 feet long unobstructed.

Each garage space shall be equipped with an automatic door opener and a roll-up sectional or similar garage door which does not extend onto the apron. On multi-family dwellings, a security gate on a multi-space garage is permitted.

For the purpose of determining the existing number of garage spaces for an existing dwelling unit the following dimensions shall apply:

An existing garage with minimum interior dimensions of eight and one-half feet in width and 18 feet in length shall qualify as one existing enclosed parking space.

An existing garage with minimum interior dimensions of 17 feet in width and 18 feet in length shall qualify as two existing enclosed parking spaces.

If the minimum interior dimensions of an existing garage parking space exceeds the minimum dimensions in this subsection, the existing enclosed space dimensions shall be maintained.

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

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

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

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

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

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

Table 20.330.010: Standard Parking Space and Aisle Dimensions
Angle of Parking	Stall Width	Curb Length Per Stall	Stall Depth	Aisle Width
Parallel	8′6″	20′0″	8′0″	12′
30°	8′6″	16′0″	16′0″	12′
45°*	8′6″	12′0″	18′0″	13′
60°*	8′6″	9′6″	19′6″	18′
75°	8′6″	9′0″	19′6″	21′
90°*	8′6″	8′0″	18′0″	24′

Notes:
*Most frequently used.

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

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

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

Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over large, paved areas compared to natural landscape. In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded, of light colored materials with a Solar Reflectance Index (SRI) of at least 29, or a combination of shading and light colored materials. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. Trees shall be selected from a list maintained by the Planning Division. If shade is provided by trees, the amount of required shading is to be reached within 15 years. The amount of shade provided by a given tree is determined by using the approximate square footage of the tree crown as indicated on the approved shade tree list.

Figure 20.330.010.E.1: Standard Parking Spaces

Lighting.

Parking lots, driveways, circulation areas, aisles, passageways, recesses and ground contiguous buildings shall be provided with sufficient wattage to make clearly visible the presence of any person on or about the premises during the hours of darkness. Such lighting shall be equipped with vandal-resistant covers. The following minimum levels of illumination shall be achieved:

Open parking lots: One to two foot-candles at ground level.

Pedestrian path/bike path: One-half to one foot-candle at ground level.

Covered parking: Five foot-candles at ground level.

Parking lot lighting shall be designed and installed so that light and glare is not directed onto residential use areas or adjacent public rights-of-way, consistent with Section 20.300.010 (“Performance Standards”).

Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 80,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

Landscaping. Landscaping of parking areas shall be provided and maintained according to the general standards of Section 20.300.008 ("Landscaping"), as well as the standards of this subsection. The provisions of this subsection apply to all uses except Single-Unit Dwellings and Duplexes.

Landscape Area Required. A minimum of 10 percent of any parking lot area shall be landscaped. For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas.

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

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

Landscaped planting strips at least four feet wide between rows of parking stalls;

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

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

On-site landscaping at the parking lot perimeter.

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

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

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

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

Trees.

Number Required. Trees shall be provided at a rate of one tree for each five parking spaces.

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

Species. Required trees for parking lots shall be selected from a list of recommended trees maintained by the Planning Division.

Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at breast height (DBH).

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

Protection of Vegetation.

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

Figure 20.330.010.M.9.a: Clearance from Vehicles

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

Irrigation. All landscaped areas shall be provided with an automatic sprinkler system.

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

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

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

Materials. Screening may consist of one or any combination of the methods listed below.

Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Chief Planner and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Chief Planner.

Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. This option does not include the use of chain-link or vinyl fencing.

Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

Circulation and Safety.

Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility.

Off-street parking and loading areas shall be provided with sufficient maneuvering room so that all vehicles can enter and exit from a public street by forward motion only. This standard does not apply to parking areas serving Single-Unit Dwellings or Duplexes served by individual driveways.

Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing unreasonable distances or making other dangerous or hazardous turning movements.

Multifamily residential developments of five or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are 80 feet or more in depth and/or include 50 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:

Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.

Materials and Width. Walkways shall provide at least five feet of unobstructed width and be hard-surfaced.

Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.

Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

Figure 20.330.010.O: Circulation and Safety

Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the Chief Planner that variations in the dimensions otherwise required by this section are warranted in order to achieve to environmental design and green building objectives, including, but not limited to, achieving certification under the LEED™ Green Building Rating System, a specific alternative parking area design may be approved.

Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.

(Ord. 1646 § 2, 2022)

§ 20.330.011 Private Residential Handicap Parking.

One handicap, off-street parking space and its driveway may be allowed within the front yard setback of residential properties where no other feasible location exists on the property subject to approval by the Chief Planner and the following standards:

The space shall be used by a resident of the dwelling entitled to display a handicap parking placard only for parking vehicles displaying a handicap parking placard;

The space shall be paved;

The driveway and any curb cut shall comply with City standards;

A covenant or other instrument in a form acceptable to the City Attorney requiring removal and restoration to the original or better condition of the space within 60 days of the date of either the sale of the property or when said space is no longer required by a resident of the property, whichever occurs first, shall be recorded in the County’S Recorder’S Office;

The space shall not be included when calculating the property’s required parking; and

Any necessary encroachment permits have been attained.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.340.001 Purpose.

This chapter establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the property where they occur.

(Ord. 1646 § 2, 2022)

§ 20.340.002 Temporary Uses Not Requiring a Temporary Use Permit.

The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as Building Permits, may be required.

Garage Sales. Garage sales of personal property conducted by a resident of the premises for no more than three consecutive days twice a year.

Live Music. Temporary live music performances that do not require a Temporary Use Permit include:

Non-amplified music performances, indoor or outdoor.

Indoor amplified music performances accessory to a commercial use, provided the temporary use complies with the performance standards of Section 20.300.010 ("Performance Standards").

Mobile Vendor Services. Mobile vendor services as described in Chapter 20.350 ("Standards and Requirements for Specific Uses and Activities").

Real Estate Sales. Real estate sales from a manufactured or mobile unit office for the temporary marketing, sales, or rental of residential, commercial, or industrial development.

Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the Chief Planner.

Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards:

Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within 10 days after the end of sales, and the appearance of the site shall be returned to its original state.

Special Events Exempt. Special events, as defined and regulated by Chapter 6.48 ("Special Event Permits"), are exempt from the requirements of this chapter.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.340.003 Temporary Uses Requiring a Temporary Use Permit.

Other temporary uses may be permitted pursuant to Chapter 20.490 (“Use Permits”), subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

Temporary Commercial Uses. Short-term temporary commercial uses, such as business promotions, outdoor sales, and displays that do not exceed three consecutive days, may be permitted in accordance with the following standards:

Location. Limited to non-residential districts.

Frequency. No more than four temporary commercial uses at one site shall be allowed within any 12-month period.

Signs. Temporary signs for temporary commercial uses are subject to the temporary sign regulations of Chapter 20.360 (“Signs”).

Existing Parking. The available parking shall not be reduced to less than 75 percent of the minimum number of spaces required by Chapter 20.330 (“On-Site Parking and Loading”).

Outdoor Sales. Temporary outdoor sales—including, but not limited to, grand opening events, and other special sales events—are also subject to the following standards:

Temporary outdoor sales shall be part of an existing business on the same site.

Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

Amplified Outdoor Live Entertainment. Outdoor live entertainment accessory to a primary use is allowed subject to base district regulations. A Temporary Use Permit is required for amplified outdoor live entertainment events subject to the following standards;

An application shall be made no less than 15 days prior to the date of commencement of the live entertainment event;

The duration of use shall not exceed one day;

There shall be a minimum of 30 days between events;

Events lasting more than one day or occurring more frequently than every 30 days shall require a Minor Use Permit.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.340.004 Temporary Uses Requiring a Minor Use Permit.

Temporary uses, such as business promotions, outdoor sales, and displays that either: (1) exceed three consecutive days, but not more than one month; or (2) do not exceed three consecutive days but exceed the frequency standards stated in Section 20.340.003(A)(2) (“Frequency”) of more than four distinct occurrences at one site may be allowed with the approval of a Minor Use Permit by the Chief Planner so long as the temporary use is determined to not impact neighboring uses or otherwise create significant impacts. Further, temporary uses that exceed the frequency standards stated in Section 20.340.003(A)(2) (“Frequency”) of more than four distinct occurrences at one site may be permitted with the approval of a Minor Use Permit, provided that no more than 12 distinct occurrences take place within a 12-month period.

Permitted uses that need to be temporarily relocated due to construction activities may be allowed with the approval of a Minor Use Permit by the Chief Planner. Such uses may utilize a temporary nonresidential structure and/or compatibly zoned site for use as office, retail, or storage space, subject to appropriate screening, security, trash management, parking, and other relevant performance standards, as determined by the Chief Planner.

Time Period. Permitted uses that are temporarily relocated due to construction may commence no more than two weeks prior to start of related permitted construction activity and shall terminate concurrent with issuance of a certificate of occupancy or within two years from initiation, whichever occurs earlier, and the appearance of the site shall be returned to its original state, unless the Minor Use Permit stipulates differently.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.001 Purpose.

The purpose of this chapter is to establish standards for specific uses and activities that are permitted or conditionally permitted in several or all districts. These provisions are supplemental standards and requirements to minimize the effect of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

(Ord. 1646 § 2, 2022)

§ 20.350.002 Applicability.

Each land use and activity covered by this chapter shall comply with the requirements of the sections applicable to the specific use or activity, in addition to any applicable standard this Ordinance requires in the district where the use or activity is proposed and all other applicable provisions of this Ordinance.

The uses that are subject to the standards in this chapter shall be located only where allowed by base district or overlay district use regulations.

Planning Permit Requirements. The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by base district regulations, such as a Conditional Use Permit, except where this chapter establishes a different planning permit requirement for a specific use.

(Ord. 1646 § 2, 2022)

§ 20.350.003 Accessory Dwelling Units.

A permit shall be issued ministerially without discretionary review or hearing for an accessory dwelling unit within 60 days of receiving a complete application if there is an existing single-unit or multiple-unit dwelling on the lot and if the requirements of this chapter, other requirements of the Zoning Ordinance, and other applicable City codes are met. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single-unit or multiple-unit dwelling on the lot, the application for the accessory dwelling unit shall not be acted upon until the application for the new single-unit or multiple-unit dwelling is approved.

Location. Accessory dwelling units may be established on any lot in any district where single-unit and/or multiple-unit dwellings are permitted or conditionally permitted, and a single-unit or multiple-unit dwelling has been previously established or is proposed to be established in conjunction with construction of an accessory dwelling unit.

Type of Unit. An accessory dwelling unit shall provide separate, independent living quarters for one or more persons. An accessory dwelling unit may be one of the following:

Attached Accessory Dwelling Unit. Added to a primary dwelling unit, typically to the side or rear that is either newly constructed or an expansion of an existing structure that is not a converted accessory dwelling unit as defined herein. Attached accessory dwelling units may be located on a single-unit or multiple-unit residential lot, as provided in subsection C below.

Detached Accessory Dwelling Unit. A freestanding structure that is newly constructed, demolished and reconstructed, or an expansion of an existing freestanding structure that is not a converted accessory dwelling unit as defined herein. Detached accessory dwelling units may be located on a single-unit or multiple-unit residential lot, as provided in subsection C below.

Converted Accessory Dwelling Unit. Located within the physical dimensions of an existing or proposed single-unit dwelling (with exterior access therefrom) or existing accessory structure, or within the non-livable area in an existing multiple-unit dwelling structure. Modifications to building footprints and physical dimensions are not permitted for converted accessory dwelling units, except within an existing or proposed single-unit dwelling or existing accessory structure, where necessary to accommodate ingress and egress or habitability requirements under applicable building code provisions. In such instances, an expansion of up to 150 square feet would be permitted as long as the side and rear setbacks are sufficient for fire and safety.

Number of Units Allowed.

Single-Unit Lot. On a lot with an existing or proposed single-unit dwelling, one accessory dwelling units, of any type, and one junior accessory dwelling unit.

Multiple-Unit Lot.

Up to two detached accessory dwelling units are permitted on a lot with an existing or proposed multiple-unit dwelling. Within an existing multiple-unit dwelling structure, converted accessory dwelling units shall be permitted up to 25 percent of the existing number of units or one unit, whichever is greater. Such converted accessory dwelling unit shall only be permitted within the portions of the structure that is not used as livable space, provided that the unit complies with the California Building Standards Code as set forth in Title 15.

If there are existing accessory structures on a lot with an existing or proposed multiple-unit dwelling, converted accessory dwelling units may be permitted within all such existing accessory structures provided that the lot does not otherwise contain one or more proposed or existing accessory dwelling unit permitted under subsection (C)(2)(a) above, and that the converted accessory dwelling unit(s) meet the requirements of subsection (B)(3) above, the development standards of the zoning district in which the property is located, and all other applicable requirements of this chapter.

One attached accessory dwelling unit, provided that there is no existing or proposed accessory dwelling units on the same lot utilizing subsection (2)(a) or (2)(b) above.

Development Standards. Accessory dwelling units shall conform to the specific development standards set forth below, and unless specified otherwise below, shall comply with the landscaping, lot coverage, and other zoning requirements of the zoning district in which the site is located; other applicable development standards in this chapter; other requirements of the Zoning Ordinance; and other applicable City building, electrical, fire, utility and structural safety codes.

Setbacks. The minimum street side, interior side, and rear yard setbacks for accessory dwelling units shall be as follows:

Detached accessory dwelling unit: four feet

Attached accessory dwelling unit: four feet

Separation Between Units. The distance between an accessory dwelling unit to the rear of the primary dwelling and any other existing or proposed structures on the lot, inclusive of eaves, as applicable, shall be as follows:

Attached accessory dwelling unit: four feet

Detached accessory dwelling unit: four feet

Height. The maximum height for an accessory dwelling unit shall be as follows:

Attached accessory dwelling unit: the height requirements of the zoning district where the site is located.

Detached accessory dwelling unit: 18 feet maximum, except where a detached accessory dwelling is located within one-half a mile walking distance from a major transit stop or a high-quality transit corridor as defined under Public Resources Code Section 21155, an additional two feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

Entry and Exterior Access. Each accessory dwelling unit shall have an entry or exterior door access separate from the primary unit. Where possible, the exterior entry for an attached accessory dwelling unit or an accessory dwelling unit located within an existing single-unit dwelling shall not be located adjacent to the primary front door of the primary dwelling unit.

Maximum Floor Area.

Attached Accessory Dwelling Unit. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary unit or 800 square feet, whichever is greater, with a maximum allowable floor area of 1,000 square feet.

Detached Accessory Dwelling Unit. The total floor area of a detached accessory dwelling unit shall not exceed 1,000 square feet.

Architectural Compatibility. Except as provided in subsection D above, an accessory dwelling unit shall be designed and constructed in accordance with applicable site and design standards listed in Chapter 20.310 ("Site and Building Design Standards"), and the following:

Attached Accessory Dwelling Unit.

On Single-Unit Lot. An attached accessory dwelling unit on a single-unit lot shall be subject to the site and design standards specified in Section 20.310.003 ("Single-Unit and Duplex Residential Design").

On Multiple-Unit Lot. An attached accessory dwelling unit on a multiple-unit lot shall be subject to the site and design standards specified in Section 20.310.004 ("Multifamily Residential and Residential Mixed-Use Design").

Detached Accessory Dwelling Unit. A detached accessory dwelling unit on a single- or multiple-unit lot shall be subject to the site and design standards specified in Section 20.310.003 ("Single-Unit and Duplex Residential Design").

Parking. One independently usable on-site parking space shall be provided for each accessory dwelling unit or bedroom, whichever is less, unless the accessory dwelling unit meets any of the following criteria, in which case no parking spaces shall be required:

Within a one-half-mile walking distance of public transit;

Within an architecturally and historically significant historic district;

Is a part of the proposed or existing primary residence or an accessory structure;

Is submitted with an application to create a new primary single-unit or multiple-unit dwelling, provided that the accessory dwelling unit satisfies any other criteria listed in this subsection G;

Is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or

Within one block of a car share area.

If a space is required, it shall be provided in addition to the required parking for the primary single-unit or multiple-unit dwelling and shall comply with all development standards set forth in Chapter 20.330 ("On-Site Parking and Loading"). Required parking may be provided as tandem parking on a driveway or in setback areas unless the Chief Planner makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or conditions that would pose a risk to health and safety or violate any fire or building code provisions. Replacement parking shall not be required when existing off-street parking for the primary single-unit or multiple-unit dwelling is converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit.

Exceptions. Development standards described in this chapter and elsewhere in the Zoning Ordinance, including, but not limited to, setbacks (including front setbacks), height, density, lot coverage, distance between buildings, minimum or maximum floor area ratio, or another property development standards, shall be waived for:

Converted accessory dwelling units located on single-unit lots;

Attached or detached accessory dwelling units that have a maximum size of 800 square feet with at most 18 feet in height, does not exceed four-foot side and rear yard setbacks, and located on single-unit lots;

Converted accessory dwelling units located on a lot with one or more existing multiple-unit dwelling(s) as set forth in subsection (C)(2)(a) above; and

Detached accessory dwelling units located on a lot with one or more existing multiple-unit dwelling(s) as permitted by subsection (C)(2)(a) above, provided that such units have a maximum height of 18 feet and four-foot rear and side yard setbacks.

However, the foregoing accessory dwelling units under subsections (H)(1) through (4) shall continue to comply with applicable building, electrical, fire, utility and structural safety codes for the issuance of a Building Permit.

Code Compliance. An accessory dwelling unit shall comply with all applicable provisions of the South San Francisco Municipal Code relating to health, welfare, public peace and safety, in effect at the time of approval of the Building Permit, and as follows:

If the proposed accessory dwelling unit is attached or within the primary dwelling unit, the primary unit must comply with all building, electrical, plumbing, and housing code requirements in effect at the time the Building Permit is issued for the accessory dwelling unit.

Products of combustion detectors shall be required for each primary and accessory dwelling unit.

Delay of Enforcement of Building Standards.

Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020 may submit an application to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code.

The Chief Building Official shall grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official shall consult with the Fire Chief.

No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved before January I, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application.

Until January l, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January l, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

This section shall remain in effect until January 1, 2035 or, if such date is further extended by State law, until that extended date, and thereafter is repealed.

Use Limitation.

An accessory dwelling unit may be rented separate from a primary single-unit or multiple-unit dwelling but may not be sold or otherwise conveyed separately from the primary unit, unless specifically authorized under California Government Code Section 65852.26.

An accessory dwelling unit shall not be used for rentals of terms shorter than 31 consecutive days.

Deed Restrictions. Prior to obtaining a Building Permit for an accessory dwelling unit, a deed restriction, in a form approved by the City Attorney, shall be recorded with the County Recorder’s Office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that:

The accessory dwelling unit cannot be sold separately. However, this clause shall be omitted from a deed restriction for an accessory dwelling unit that is specifically authorized under California Government Code Section 65852.26.

The accessory dwelling unit cannot be used for rentals for terms shorter than 31 consecutive days.

The accessory dwelling unit is restricted to the maximum size allowed per the requirements of this chapter.

The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner including revocation of any right to maintain an accessory dwelling unit on the property.

Junior Accessory Dwelling Units. A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-unit dwelling within the existing footprint. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

Development Standards. Junior accessory dwelling units shall comply with the following standards:

Number of Units Allowed. Only one junior accessory dwelling unit may be located on any lot in any district where single-unit dwellings are permitted or conditionally permitted. A junior accessory dwelling unit may only be combined with an accessory dwelling unit that conforms to the development standards in this chapter.

Location. A junior accessory dwelling unit may only be located on a lot where a single-unit dwelling has been previously constructed or is proposed to be constructed in conjunction with construction of a junior accessory dwelling unit. A junior accessory dwelling unit must be created within the walls of an existing or proposed single-unit dwelling.

Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Where possible, the exterior entry for a junior accessory dwelling unit shall not be located adjacent to the primary front door of the primary dwelling unit.

Interior Entry Required. If a junior accessory dwelling unit is constructed without a separate sanitation facility, the unit shall have interior doorway access to the primary dwelling unit.

Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components:

A sink;

A cooking facility with appliances; and

“Adult-oriented business”

A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit.

Minimum and Maximum Floor Area. The minimum total floor area of a junior accessory dwelling unit shall be at least the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code but shall not exceed a maximum of 500 square feet of floor area.

Parking. No additional parking shall be required.

Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling unit or the accessory dwelling unit.

Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

No Short-Term Rental. A junior accessory dwelling unit shall not be used for rentals of terms shorter than 31 consecutive days.

Deed Restriction. Prior to obtaining a Building Permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder’s Office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that:

The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit;

The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards;

The junior accessory dwelling unit shall be considered legal only so long as either the primary dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property;

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property.

Utilities and Impact Fees.

No accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property.

For all utility services other than sewer services, only an accessory dwelling unit constructed with a new single-unit or multiple-unit dwelling shall be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and a utility. If a new or separate utility connection is required pursuant to this section or installed upon request of the property owner, a connection fee or capacity charge shall be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the accessory dwelling unit. For sewer services, the number of sewer laterals/connections to the City’s wastewater collection system shall comply with Section 14.14.040 (“Building Drain and Building Sanitary Sewer Lateral”) of this Code and only an accessory dwelling unit constructed with a new single-unit or multiple-unit residential dwelling shall be required to pay a sewer capacity charge, the amount of which shall be proportionate to the size in square feet of the accessory dwelling unit or its DFU values.

Impact Fees. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit in accordance with the then most current applicable fee schedule as adopted by the City Council.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.004 Accessory Uses.

An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a primary use permitted in the applicable zone. The accessory use may be subject to specific standards found in this chapter or within each zone, as specified in the use tables. Accessory uses are also subject to Citywide standards found in Chapter 20.300 (“Lot and Development Standards”).

Commercial accessory uses shall encompass no more than 30 percent of the business floor area. Any expansion of the building footprint or business floor area to accommodate an accessory use shall require a Minor Use Permit and/or Design Review as appropriate.

A business may have more than one accessory use, but each accessory use must comply with the limitations on floor space, and the total combined area of accessory uses shall not exceed 30 percent of the business floor area.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.005 Adult-Oriented Businesses.

Purpose. It is the intent of this section to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods, which can be brought about by the concentration of adult-oriented businesses in close proximity to incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that adult-oriented businesses can cause an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this article to establish reasonable and uniform regulations to prevent the close proximity of adult-oriented businesses to incompatible uses, while permitting the location of adult-oriented businesses in certain areas.

Applicability. This section applies to the establishment of any adult-oriented business, including the operating of such a business as a new business, the relocating of such business, or the conversion of an existing business location to any sex oriented entertainment business use as follows:

The opening or commencement of any adult-oriented business as a new business;

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business;

The relocation of any such adult-oriented business; or

The opening or commencement of any adult-oriented business as an accessory use of an existing business.

Standards. The following standards apply to adult-oriented businesses.

Location. No adult-oriented business shall be established or located in any district in the City other than the Business Commercial or Mixed Industrial districts east of South Airport Boulevard and the Bayshore Freeway, or within certain distances of certain specified land uses or districts as set forth below:

No such business shall be established or located within 300 feet from any existing residential district or use, park, religious facility, school, or public facilities serving children, or within 600 feet of any other adult-oriented business.

The distances set forth above shall be measured as a radius from property line to property line without regard to intervening structures.

Loitering. No loitering or consumption of alcoholic beverages shall be allowed in adult-oriented business parking lots. Parking lots shall contain signage stating that loitering and consumption of alcoholic beverages are prohibited in parking lots.

Screening. All windows, doors or other apertures shall be architecturally screened or otherwise obscured so as to prevent public viewing of the interior of the adult-oriented business from a public street or sidewalk.

Security. All adult-oriented businesses shall provide security personnel (at a ratio of one per 10 parking spaces) to control behavior of both indoor and outdoor patrons so they do not violate any laws.

Signs. No advertisement displays or merchandise available for sale or rent that includes or depicts specified sexual activities or specified anatomical areas shall be visible from any public right-of-way. Total wall sign area shall not exceed 20 square feet. Businesses located on a corner lot may have a maximum of 25 square feet. No signage associated with the business, including monument signs, shall be visible from a State highway.

Time Limits. Hours of operation of the business shall be limited to the time period between 10:00 a.m. and midnight daily.

Definitions. Unless otherwise specifically provided, the terms used in this section shall have the following meanings:

means any of the following:

“Adult arcade”

means an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions as part of its regular course and scope of conduct of its business and which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

“Adult bookstore”

means an establishment that a result as part of the regular course and scope of conduct of its business has its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas, or in goods specifically designed to be used to achieve sexual gratification and constituting a substantial portion of the adult bookstore’s revenues.

“Adult cabaret”

means a nightclub, restaurant, or similar business establishment which:

Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or

Regularly features live performances by persons who appear semi-nude; and/or

Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas as part of the regular course and scope of conduct of its business.

“Adult hotel/motel”

means a hotel or similar business establishment offering public accommodations for any form of consideration which:

Provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas as part of the regular course and scope of conduct of its business constituting a substantial portion of the adult hotel/motel’s revenues, and/or

“Adult motion picture theater”

Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.

means a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas as part of the regular course and scope of conduct of its business.

“Adult theater”

means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities or which features live performances by persons who are semi-nude.

“Modeling studio”

means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas or are semi-nude to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

“Outcall service”

means any establishment, business, or person that provides an outcall service consisting of individuals leaving a premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed, specified sexual activities occur, or seminude live performances or activities occur.

“Sexual encounter establishment”

means an establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form of consideration, provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas or live semi-nude displays. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in sexual therapy.

“Distinguished or characterized by an emphasis upon”

means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of specified sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App.3d 151 (1981).

“Figure model”

means any person who, for pecuniary compensation, consideration, hire or reward, poses in a modeling studio to be observed, sketched, painted, drawn, sculptured, photographed or otherwise depicted.

“Regularly features”

with respect to an adult theater or adult cabaret, means a regular and substantial course of conduct. The fact that live semi-nude performances or other activities occur on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

“Semi-nude” or “semi-nudity”

means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

“Specified anatomical areas”

means and includes any of the following:

Less than completely and opaquely covered human genitals or pubic region, buttocks or female breast below a point immediately above the top of the areola;

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

Any device, costume or covering that simulates any of the body parts included in subsections a or b of this definition.

“Specified sexual activities”

means and includes any of the following, whether performed seminude or directly or indirectly through clothing or other covering:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

Masturbation, actual or simulated;

Excretory functions as part of or in connection with any of the other activities described in subsections a through c of this definition.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.006 Animal Care, Sales, and Services.

Animal care, sales, and services facilities shall be located, developed, and operated in compliance with the following standards:

Noise. Noise produced by animal care, sales, and services activities shall be attenuated as necessary by interior noise insulation or other measures so that it does not exceed 60 dB at the interior lot lines of the site.

Waste. Animal waste shall be properly disposed of, consistent with California Regional Water Quality Control Board and City requirements.

Operating Procedures. Applicants must submit written operating procedures, such as those recommended by the American Boarding and Kennel Association. Such procedures must include provisions for identifying and correcting behavior that may adversely affect surrounding uses including excessive barking.

Animal Boarding Facilities. Animal boarding facilities, including kennels, pet day care facilities and veterinary services, are also subject to the following standards:

Location.

Separation from Other Facilities. An animal boarding facility shall be separated by at least 300 feet in all directions from any other animal boarding facility. This spacing requirement may be reduced with Minor Use Permit approval if the Chief Planner first finds that adjacent businesses and neighborhoods are not adversely impacted.

Separation from Residential Areas. An animal boarding facility shall not be located within 200 feet from any residential district or an existing residential use.

Outdoor Facilities. Outdoor animal boarding facilities must be located at least 200 feet from any lot line.

Street Type. Animal boarding facilities shall be located on a highway or arterial street.

Pick-Up/Drop-Off Plan. A plan for employee and client parking and the pick-up and drop-off of animals shall be provided for review and approval by the Chief Planner. The plan shall demonstrate that adequate parking and loading are provided on-site to prevent excessive on-street parking and to minimize congestion and conflict points on travel aisles and public streets. The plan shall take into consideration such factors as the number of animals that may be boarded and the anticipated number of employees on the largest shift.

Animals must be kept in an enclosed area or on a leash no longer than six feet.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.007 Animal Keeping.

Animal keeping is allowed as an accessory use to a primary residential use. To permit the keeping of animals and ensure that their presence does not create an undue burden on neighboring residents, the following standards apply:

Household Pets. Small domestic household pets such as cats, dogs, birds, fish and hamsters kept for non-commercial purposes is permitted.

Domestic Animals. Other animals may be kept as an accessory use to a primary single-unit detached dwelling subject to the following standards:

Lots of One-Half Acre or Less. The keeping of chicken, hens, rabbits, guinea pigs, or similar small animals, not exceeding a combined total of six (excluding the offspring thereof, up to the age of six months), may be kept for home enjoyment or consumption, subject to the provisions of other applicable laws. No hoofed animals or roosters are permitted, except up to two potbellied pigs are allowed as pets.

Lots Exceeding One-Half Acre. The keeping of more than six chickens, hens, rabbits, guinea pigs or similar small animals or keeping of roosters, hoofed animals, or other types of livestock is allowed with an approved Conditional Use Permit. Such animals must be housed in pens or buildings set back at least 35 feet from any lot line and 40 feet from any residence.

Beekeeping. Beekeeping is permitted subject to the following standards:

It shall be the duty of every person on whose property bees are kept to adhere to good management practices and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.

It shall be the responsibility of the person on whose property the bees are kept to provide adequate water for the bees to prevent bees from seeking water in neighboring swimming pools, birdbaths, ponds or other community bodies of water.

A maximum of two beehives per lot are permitted on a parcel of land less than 10,000 square feet.

A maximum of four beehives per lot are permitted on a parcel of land with an area over 10,000 square feet.

Beehives are restricted to rear yards.

In order to ensure the appropriate height of the honeybee flight path:

The beehive entrance will be directed away from the neighboring property and situated behind a solid fence or hedge that is six feet in height running parallel to the property line; or

A beehive will be located a minimum of 25 feet away from the neighboring property line.

Registration. Beekeeping registration is required prior to establishment of an apiary, as follows:

The applicant must submit and the Chief Planner must review plans demonstrating compliance with the standards of this section.

The applicant must register the apiary with the San Mateo County Agricultural Commissioner to receive notification of pesticide applications, pursuant to Section 29101 of the California Food and Agricultural Code.

The applicant must submit plans and a signed statement showing and agreeing to compliance with all obligations imposed by this section and holding the City harmless if the owner does not so comply.

Nuisance. Bees or hives shall be considered a public nuisance and subject to Chapter 20.580 (“Enforcement and Abatement Procedures”) when any of the following occurs:

Colonies of bees exhibit defensive or objectionable behavior or interfere with the normal use of neighboring properties.

Colonies of bees swarm.

Bees or hives do not conform to this section.

Hives become abandoned by resident bees or by the owner.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.008 Automobile/Vehicle Sales and Leasing.

Automobile/vehicle sales and leasing shall be located, developed and operated in compliance with the following standards:

Landscaping. At least 10 percent of the site shall be landscaped, unless the Chief Planner determines that due to the characteristics of a specific site, a lower percentage of proposed landscaping is sufficient to adequately screen the site. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 ("Landscaping"), and the following standards:

A minimum six-foot-wide inside dimension and a six-inch-high curbed landscaped planter area shall be provided along the front and street side property lines, except for vehicular circulation openings. A three-foot-wide landscaping buffer shall be provided along all other property lines.

A 600-square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

Lighting. In addition to the lighting standards required in Section 20.300.009 ("Lighting and Illumination"), all exterior light sources, including canopy, perimeter, and flood, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

Signs. The use of flag banners, vertical banners, feather banners, and other signs may be permitted for occasional special events or temporary sales, subject to the requirements of Chapter 20.360 ("Signs").

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.009 Automobile/Vehicle Service and Repair, Major and Minor.

Major and minor automobile/vehicle service and repair uses must comply with the following standards:

Landscaping. A minimum six-foot-wide inside dimension and a six-inch-high curbed landscaped planter area shall be provided along the front and street side property lines, except for vehicular circulation openings. A three-foot-wide landscaping buffer shall be provided along all other property lines. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 ("Landscaping").

Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and similar equipment shall be located inside a building.

Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

Work Areas.

All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection.

Work activities conducted outdoors must meet the following conditions:

The work is performed within 20 feet of the primary structure;

The work is performed entirely within a clearly marked area that is at least 40 feet from the property line of the nearest residence or within a clearly marked area that is not visible from the nearest residence;

The work area does not exceed 50 percent of the facility’s existing outdoor area or 400 square feet, whichever is greater;

The work does not involve the use of pneumatic tools or power tools unless battery-powered;

The work is not audible at the property line of the nearest residence; and

The work is performed between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. Saturday.

Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 20.300.012 (“Screening”). Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.010 Automobile/Vehicle Washing and Service Stations.

Service stations, automobile/vehicle washing facilities, and any other commercial use that includes fuel pumps for retail sales of gasoline shall be located, developed, and operated in compliance with the following standards. Such uses warrant special consideration because of potential traffic hazards, the physical appearance of outdoor facilities, hours of operation, noise, use of hazardous materials, and potential effects on adjacent uses and properties in the surrounding area.

Landscaping. At least 10 percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 ("Landscaping"), and the following standards:

A 600-square-foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

Lighting. In addition to the lighting standards required in Section 20.300.009 (“Lighting and Illumination”), all exterior light sources, including canopy, perimeter, and flood, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

Washing Facilities. No building or structure shall be located within 30 feet of any public street or within 20 feet of any interior lot line of a residential use or residential district. Car wash openings shall be screened from public streets to a height of 40 inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

Hours of Operation. Automobile/vehicle washing facilities are limited to 7:00 a.m. to 10:00 p.m., seven days a week unless additional hours are allowed subject to Minor Use Permit approval. When abutting a residential district, the hours of operation shall be between 8:00 a.m. to 8:00 p.m., seven days a week.

Application Review and Findings for Approval. In reviewing proposals, emphasis shall be placed on quality design of building materials and landscape features. The decision-making authority shall only approve a Conditional Use Permit for a service station or washing facility if it finds that:

The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

Lighting is designed to be low-profile, indirect or diffused, and avoid adverse impacts on surrounding uses.

The washing facility will not have an adverse impact on water supply and quality.

Conditions of Approval. Conditions of approval may address operational characteristics of the use; impose restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or require buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on properties in the surrounding area.

Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within 12 months subsequent to the close of the last business day.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.011 Bed and Breakfast Lodging.

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards:

Type of Residence. Must be located, developed and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapters 20.620 ("Use Classifications") and 20.621 ("Definitions of Terms"), and Section 20.350.003 ("Accessory Dwelling Units").

Number of Rooms. A Minor Use Permit is required for bed and breakfast uses with three or more rooms.

Owner Occupancy. The primary residence of a bed and breakfast owner/operator must be on site.

Duration. Bed and breakfast inns must be rented for periods of less than 30 days.

Appearance. In all residential districts, the exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-unit character.

Parking. Parking spaces shall be provided according to the standards of Chapter 20.330 (“On-Site Parking and Loading”), at a ratio of one space per room for rent in addition to parking required for the residential use. Such spaces shall not encumber access to a required parking space for the residential use.

Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.012 Community Assembly, Small and Large.

All community assembly uses shall be located, developed, and operated in compliance with the following standards:

Access. Community assembly uses shall take primary access from a public street with a minimum of 50 feet in width and improved with curbs, gutters, sidewalks and streetlights.

Buffer, Where Required. A minimum 20-foot perimeter buffer shall be included adjacent to any residential district or use. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities.

Amplified Sound. Sound amplification equipment shall be operated in compliance with the requirements of Chapter 8.32 (“Noise Regulations”) of the South San Francisco Municipal Code.

Outdoor Recreation. Outdoor recreation areas shall be at least 50 feet from any residential district or use. Sound amplification equipment may not be used in outdoor areas.

Parking Area Screening. In addition to the standards of Section 20.330.010 ("Parking Area Design and Development Standards"), parking areas for large community assembly uses adjacent to any residential district or use, including within the front setback, shall be screened with a wall, opaque fence, or hedge six feet in height.

Outdoor Lighting.

Outdoor lighting shall be shielded to direct light and glare only onto the community assembly facility premises. Such lighting shall be deflected, shaded, and focused away from all adjoining property.

Outdoor lighting shall not exceed an intensity of one foot-candle of light throughout the facility.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.013 Convenience Markets.

Convenience markets shall be located, developed, and operated in compliance with the following standards:

Maximum Size. 2,500 square feet. Additional floor area requires approval of a Conditional Use Permit.

Setbacks. No building or structure shall be located within 20 feet of an interior lot line abutting a residential district or use.

Landscaping. Landscaping shall comprise a minimum 10 percent of the site area, exclusive of required setbacks. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 (“Landscaping”).

Litter. One permanent, non-flammable trash receptacle shall be installed in the parking area adjacent to the entrance/exit.

Alcoholic Beverage Sales. Convenience markets which sell alcoholic beverages are also subject to the following standards:

Location—Minimum Distances Required.

From a Residential District Boundary. Convenience markets that sell alcoholic beverages shall be located at least 500 feet from any residential district boundary, unless part of a shopping center with at least 50,000 square feet of floor area.

From Specified Public Uses. Convenience markets that sell alcoholic beverages shall be located at least 500 feet from any Community Assembly Facility, Cultural Institution, Day Care Center, Public Park and Recreation Facility, or Public or Private School.

From Other Retail Sales that Sell Alcoholic Beverages for Off-Site Consumption. A convenience market that sells alcoholic beverages shall be located at least 1,000 feet from any other retail establishment selling alcoholic beverages for off-site consumption unless there is a finding of public convenience or necessity pursuant to State law.

Hours of Operation. Convenience markets that sell alcoholic beverages may only be operated between 9:00 a.m. and 9:00 p.m., seven days per week. Additional hours may be allowed subject to the approval of a Minor Use Permit.

(Ord. 1646 § 2, 2022)

§ 20.350.014 Day Care Centers.

Adult and child day care centers other than family day care homes shall be located, developed and operated in compliance with the following standards:

License. The operator shall secure and maintain a license from the State of California Department of Social Services.

Hours of Operation. Day care centers shall operate only between the hours of 6:00 a.m. to 8:00 p.m., Monday through Friday. Additional hours may be allowed subject to the approval of a Minor Use Permit.

Noise. Outdoor activities shall not occur before 8:00 a.m., when the site is located within or adjacent to a residential district or a residential use. Day care centers shall comply with the requirements of the City’s noise ordinance limits.

Pick-up/Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be provided for review and approval by the Chief Planner. The plan shall demonstrate that adequate parking and loading are provided on-site to minimize congestion and conflict points on travel aisles and public streets. The plan shall also demonstrate that increased traffic will not cause traffic levels to exceed those levels customary in residential neighborhoods except for higher traffic levels during the morning and evening commute. The plan shall include an agreement for each parent or client to sign which includes, at minimum:

A scheduled time for pick-up and drop-off with allowances for emergencies.

Prohibitions of double-parking, blocking driveways of neighboring houses, or using driveways of neighboring houses to turn around.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.015 Domestic Violence Shelter.

Domestic violence shelters shall be located, developed, and operated in compliance with the following standards:

Maximum Occupancy. No more than 30 adult residents, not including staff, shall be allowed at one time, if such shelter is located on a lot or parcel of land of less than two acres.

Off-Street Parking. The number of required parking spaces, plus adequate access thereto, shall be determined by the Chief Planner for each shelter, in an amount adequate to prevent excessive on-street parking, and with such factors as the number of adult beds to be provided by the shelter, the anticipated number of employees on the largest shift, and the distance from the closest transit stop taken into consideration. In no case shall the number of required spaces be less than the number of such spaces required for a group residential facility specified by Chapter 20.330 ("On-Site Parking and Loading").

Land Use Compatibility. The land uses and developments in the immediate vicinity of the shelter shall not constitute an immediate or potential hazard to occupants of the shelter.

Usable Open Space. Minimum 20 square feet per resident.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.016 Drive-Through Facilities.

Drive-through facilities shall be located, developed and operated in compliance with the following standards:

Permit Required. A Conditional Use Permit is required for all drive-through facilities.

Traffic Study Required. A traffic study is required for all proposed drive-through facilities.

Maximum Number per Shopping Center. A maximum of one drive-through facility shall be permitted per shopping center.

Drive-Through Aisles. Drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

Drive aisles are prohibited between the building and street unless no alternative exists.

A minimum 15-foot interior radius at curves and a minimum 12-foot width is required.

Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property.

Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of 20 inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

Pedestrian Walkways. Pedestrian walkways shall not intersect drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

(Ord. 1646 § 2, 2022)

§ 20.350.017 Emergency Shelters.

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

Number of Residents. The number of adult residents, not including staff, who may be housed on a lot that is smaller than one acre shall not exceed the number of persons that may be accommodated in any hospital, convalescent home, residential, transient occupancy, or similar facility allowed in the same district.

Limitation On Time of Occupancy. Occupancy by an individual or family may not exceed 180 consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

Outdoor Activities. All functions associated with the shelter, except for children’s play areas, outdoor recreation areas, parking, and outdoor waiting must take place within the building proposed to house the shelter. Outdoor waiting for clients, if any, may not be in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients.

Hours of Operation. To limit outdoor waiting, the facility must be open for at least eight hours every day between 7:00 a.m. and 7:00 p.m.

Supervision. On-site supervision must be provided at all times.

Toilets. At least one toilet must be provided for every 15 shelter beds.

Management Plan. The operator of the shelter must submit a management plan for approval by the Chief Planner. The Plan must address issues identified by the Chief Planner, including transportation, client supervision, security, client services, staffing, and good neighbor issues.

(Ord. 1646 § 2, 2022)

§ 20.350.018 Family Day Care Homes.

Family day care homes (including small and large facilities) shall be located, developed, and operated in compliance with the applicable requirements of State law and shall comply with all applicable requirements of the underlying residential zoning district where the day care home is located. Family day care homes shall also comply with all requirements of this Code applicable to single-unit dwelling in their respective zoning districts, including the requirements of the City’s noise ordinance limits.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.019 Fleet-Based Services.

Fleet-based services shall provide adequate parking, loading, queuing, and circulation areas on site and shall not have a detrimental impact on the circulation or on-street parking in the surrounding area.

Parking Management and Monitoring Study. A Parking Management and Monitoring Study shall be submitted for review and approval by the Chief Planner and City Engineer which demonstrates compliance with the above criteria. The study shall, at minimum, include the following:

Description of the type of vehicles used and service provided.

Size and number of fleet vehicles.

Hours of operation and number of work shifts.

Trip generation.

Threshold for TDM required per Chapter 20.400 ("Transportation Demand Management") and demonstration of required compliance.

Loading and unloading procedures.

Circulation plan.

Other information as required by the City.

No unattended fleet vehicles shall be parked on a lot or in the public right-of-way within a residential district.

The legal resident of a dwelling unit may operate a fleet-based dispatch service as a home occupation so long as no fleet vehicles are parked on the residential property, in the vicinity of the subject dwelling unit, or in the public right-of-way.

Property used for storing fleet vehicles shall be located, developed and operated in compliance with the standards applicable to Automobile/Vehicle Sales and Leasing in Section 20.350.008 ("Automobile/Vehicle Sales and Leasing").

(Ord. 1656, 6/12/2024)

§ 20.350.020 Freight/Truck Terminals and Warehouses, and Parcel Hubs.

Freight/truck terminals and warehouses, and parcel hubs shall provide adequate parking, loading, queuing, and circulation areas on-site and shall not have a detrimental impact on the circulation or on-street parking in the surrounding area.

Description of the type of freight to be distributed.

Size of trucks and shipping containers.

Number and schedule of deliveries.

Trip generation.

Threshold for TDM required per Chapter 20.400 ("Transportation Demand Management") and demonstration of required compliance.

Amount and duration of storage.

Loading and unloading procedures.

Circulation plan.

Radius of delivery map.

Demonstration of compliance with Climate Action Plan requirements.

Other information as required by the City.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.021 Gated Communities.

Gated residential communities are prohibited within the City of South San Francisco. Existing, nonconforming communities are subject to the requirements of Chapter 20.320 ("Nonconforming Uses, Structures, and Lots").

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.022 Group Residential.

Group residential facilities shall be located, developed and operated in compliance with the following standards:

Location. Minimum distance from any other group residential facility shall be 300 feet.

Screening. A minimum six-foot-high solid wall or fence shall be provided for purposes of securing outdoor recreational areas and screening the site. Chain metal fencing and barbed wire are prohibited.

Usable Open Space. At least 20 square feet of usable open space shall be provided for each person who resides in the facility.

Licensing. Group residential facilities that provide permanent living accommodations and 24-hour primarily nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual shall be licensed and certified by the State of California and shall be operated according to all applicable State and local regulations.

No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.023 Home Occupations.

A resident of a dwelling unit may conduct a home occupation that is incidental to the residential use of the structure and within the habitable area of the dwelling in compliance with the following standards:

The home occupation may not occupy more than 450 square feet.

The home occupation must be located in the principal dwelling, attached garage and/or detached accessory buildings. An attached or detached garage may be used for storage or workspace as long as one garage parking space is maintained at all times for the dwelling and as long as the required on-site parking spaces are provided.

No person not residing on the premises may be employed, either for pay or as an independent contractor or a volunteer, at the site of the home occupation.

No sign or advertising shall be published or displayed on the premises, unless required by State law. If applicable, the applicant shall provide the necessary evidence that identification is required by State law.

Sale of goods on the premises shall be limited to the products of the home occupations, and no other merchandise or goods shall be sold, kept or displayed for the purposes of sale on the premises. Mail order of products of home occupations are permitted.

The home occupation shall not attract or generate excessive auto or foot traffic, require additional off-street parking spaces, or involve the use of commercial vehicles for delivery of materials or supplies to or from the premises in excess of that which is customary for a dwelling unit.

No tractor-trailer or similar heavy-duty delivery or pickup, no other vehicle of more than three-quarter ton capacity, and no limousine or other vehicle for hire used in connection with the home-based business shall be kept on the site or parked in the public right-of-way in the vicinity of the site.

Any trailer, wheeled equipment, or any vehicle displaying or advertising the home occupation shall not be visible from off the premises.

No customer or client visits are permitted except for instructional services for not more than two students at a time.

No stock in trade, inventory, or display of goods or materials shall be kept on the premises except for incidental storage that is confined to the dwelling or an accessory building.

No dwelling shall be built, altered, finished, or decorated externally for the purposes of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be reasonably recognized as a place where a home occupation is conducted.

No equipment or process shall be used which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-unit detached residence, or outside the dwelling unit if conducted in other than a single-unit detached residence.

The home occupation shall not involve the use of power equipment on the premises using motors exceeding one horsepower combined capacity.

No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

If any home occupation becomes dangerous or unsafe; presents a safety hazard to the public, pedestrians on public sidewalks, or motorists on a public right-of-way; or presents a safety hazard to adjacent or nearby properties, residents, or business, the Chief Planner shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken, directing that the home occupation immediately be made safe or be terminated.

The property owner and/or tenant shall take the necessary corrective steps or measures but, in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the City may initiate any enforcement action available under this Ordinance or Municipal Code to render the home occupation and dwelling safe.

Costs incurred by the City to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation.

The following uses are not permitted as a home occupation:

Adult -oriented business;

Ambulance service;

Automotive repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers and boats;

Beautician or barber services on-site for more than one client at a time;

Commercial food preparation, food handling, processing or packing, other than specialized cooking or baking;

Firearms manufacture, sales, or repair;

Furniture refinishing or upholstery;

Gymnastic facilities;

Repair, reconditioning, servicing or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles, or boats;

Repair, fix-it or plumbing shops;

Medical services except as a secondary office that does not involve patient visits as an adjunct to a principal office located elsewhere;

Restaurant;

Retail sales;

Spa retreat center;

Tattoo studio;

Tow truck service;

Veterinary services and other uses that entail the harboring, training, care, breeding, raising or grooming of dogs, cats, birds, or other domestic animals on the premises, except those that are owned by the resident or otherwise permitted by this article;

18.

Welding or machine shop; and

19.

Yoga or exercise studio for more than two clients at a time.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.024 Hotels and Motels.

Hotels and motels shall provide adequate parking, loading, queuing, and circulation areas on-site and shall not have a detrimental impact on the circulation or on-street parking in the surrounding area.

Parking Management and Monitoring Study. A Parking Management and Monitoring Study per Section 20.330.004(E) ("Parking Management and Monitoring Study") shall be submitted for review and approval by the Chief Planner and City Engineer which demonstrates compliance with the above criteria.

Automobile Rental Facilities in Hotels. Automobile rental agencies located in hotels are accessory uses. Automobile rental agencies that include the storing of vehicles on the hotel site are subject to the following criteria:

The use is intended to serve hotel guests;

The rental facility point of sale must be in the City of South San Francisco;

Adequate parking is available, as determined by a Parking Management and Monitoring Study approved by the Planning Commission;

No preparation, maintenance or cleaning of rental vehicles occurs on site; and

No more than 10 vehicles are stored on the hotel site.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.025 Large Format Retail.

Large format retail establishments with 80,000 square feet of floor area or more must comply with the following standards:

Surety Bond. As a condition of approval for a large format retail establishment, the applicant shall be required to post a cash or surety bond in a form and amount acceptable to the City Manager to cover the cost of complete building demolition and maintenance of the vacant building site if the primary building is ever vacated or abandoned, and remains vacant or abandoned for a period of more than 12 consecutive months following primary business closure.

Vacated Facility. If the facility is vacated, the owner or operator, within 12 months, shall submit, to the Planning Commission, a plan contemplating the removal or reuse the facility. If the owner or operator is unable to provide a plan which is acceptable to the Planning Commission, the City may utilize the surety bond to take whatever action is permitted by law to assure appropriate demolition, redevelopment, or reuse of the facility.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.026 Live-Work Units.

Applicability. The provisions of this section apply to the design, development, and operation of live-work units, including new live-work units, conversions of existing residential and non-residential buildings to live-work buildings, and any change of use or occupancy in a live-work unit.

Establishment.

Live-work units may be established through the conversion of existing commercial and industrial buildings or by new construction.

The work activity must be permitted by-right in the zone where the use is proposed.

No work activity shall be permitted that contains those uses which the review authority finds would, by virtue of size, intensity, hours of operation, number of employees or the nature of the operation, have the potential to adversely affect others living or working in or nearby the live-work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. Such uses include, but are not limited to, automobile/vehicle sales and services, bars/night clubs/lounges, adult-oriented businesses, animal sales and services, liquor stores, funeral parlors and mortuaries, outdoor storage as a primary use, and unenclosed kitchens.

Uses that may, depending on how they are operated, have the potential to generate impacts or would constitute a change in occupancy under the Building Code shall not be approved unless the review authority finds that as proposed to be conducted, or as modified by conditions of approval, they would not conflict with or adversely affect others living or working in or nearby the live-work development.

Design of Live-Work Units.

Floor Area. Each live-work unit shall include at least 1,000 square feet of gross floor area.

Improvements. Live-work units shall be designed to accommodate commercial or industrial uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

Separation Required. In a multi-unit live-work building, each live-work unit shall be separated from other live-work units or other uses in the building. Access to each live-work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building.

Mixed Occupancies. If a building contains mixed occupancies of live-work units and other non-residential uses, occupancies other than live-work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live-work units and other occupancies, as determined by the Chief Building Official.

Parking and Loading.

Required Parking. Parking requirements are established in Chapter 20.330 (“On-Site Parking and Loading”).

Required Loading. Each live-work unit shall have at least one off-street loading area for every 50,000 gross square feet of space occupied by live-work units. No additional loading areas are required if the loading requirements for industrial or commercial occupants of a live/work building exceed the loading requirements for the live-work use.

Requirements for parking and parking spaces may be waived or modified through a Minor Use Permit if the Review authority finds that:

The proposed parking will be adequate to meet the demand created by the project given the character of the proposed uses; and

A waiver or modification of parking requirements will not, under the circumstances of the particular project, either conflict with nor adversely affect commercial or industrial uses or residential districts in the area where the project is proposed.

Business License Required. At least one occupant of each live-work unit shall maintain a current City of South San Francisco business license for a business located in that unit.

Nonresident Employees. Up to two persons who do not reside in the live-work unit may work in the unit. The employment of three or more persons who do not reside in the live-work unit may be permitted subject to a Conditional Use Permit based on additional findings that such employment will not adversely affect traffic, parking, or other conditions in the area where the live-work unit is located.

On-Premises Sales. On-premises sales of goods is limited to those produced within the live-work unit. Sales of goods produced within the live-work unit shall be incidental to the primary work use in any building used exclusively for live-work occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows.

Notice to Occupants Required. The owner or developer of any building containing live-work units shall provide written notice to all live-work occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, live-work units shall be classified as commercial property.

No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.027 Massage Businesses.

Massage businesses, including massage businesses conducted as accessory uses, are subject to the requirements in Chapter 10.16 ("Regulation of Massage Businesses") of the South San Francisco Municipal Code, and the following standards:

Exceptions. The provisions of this subsection do not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of such licensed persons;

Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses;

Hospitals, nursing homes, sanitariums, or any other similar health facilities duly licensed by the State of California;

Accredited high schools, junior colleges, medical schools, schools of chiropractic, and colleges or universities whose coaches, trainers, or medical or chiropractic students are acting within the scope of their employment or instruction;

Trainers of amateur, semi-professional or professional athletes or athletic teams while engaging in their training responsibilities for and with athletes; and trainers working in conjunction with a specific athletic event;

Massage practitioners who perform massages which are clearly incidental to the operation of a personal fitness training center, gymnasium, athletic facility or health club, when the giving of massage for compensation is not a principal function of such businesses. In determining whether massage constitutes a principal or incidental function of personal fitness training centers, gymnasiums, athletic facilities or health clubs, the Police Chief shall consider the percent of income derived from massages, the amount of floor space devoted to and the number of employees assigned to massage services, as well as the manner in which the business advertises and holds itself out to the public;

Individuals administering massages or health treatment involving massage to persons participating in single-occurrence athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:

The massage services are made equally available to all participants in the event;

The event is open to participation by the general public or a significant segment of the public such as employees of sponsoring or participating corporations;

The massage services are provided at the site of the event and either during, immediately preceding or immediately following the event;

The sponsors of the event have been advised of and have approved the provisions of massage services; and

The persons providing the massage services are not the primary sponsors of the event;

Individuals providing out-call massage services.

City Registration Certificates/Use Permit Required. All massage businesses are required to obtain either a Conditional Use Permit or a Minor Use Permit pursuant to Chapter 20.490 ("Use Permits") and a City registration certificate pursuant to Section 10.16.040 ("Massage business registration") of the South San Francisco Municipal Code.

Location. No such business shall be established or located within 500 feet from any other massage business.

Hours. Massage shall be provided or given only between the hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A massage commenced prior to 9:00 p.m. shall nevertheless terminate at 9:00 p.m., and all clients shall exit the premises at that time.

Facility Requirements. Every massage business shall maintain facilities meeting the following requirements:

A list of the services available and the cost of such services shall be posted in the reception area within the massage premises, and shall be described in readily understandable language.

A copy of the California Massage Therapy Council (CAMTC) certificate of each and every massage practitioner employed in the business shall be displayed in the reception area or similar open public place on the premises. CAMTC certificates of former employees and/or contractors shall be removed as soon as those massage practitioners are no longer employed by or offering services through the massage business.

Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets.

Where the business has staff available to assure security for clients and massage staff are behind closed doors, the entry to the reception area of the massage business shall remain unlocked during business hours when the business is open for business or when clients are present.

No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises. For the purpose of this subsection, there is an irrebuttable presumption that the visibility is impermissibly blocked if more than 10 percent of the interior reception and waiting area is not visible from the exterior window.

All signs shall be in conformance with Chapter 20.360 (“Signs”).

Minimum lighting consisting of at least one artificial light of not less than 40 watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.

Minimum ventilation shall be provided in accordance with the Uniform Building Code and any other applicable regulations.

Hot and cold running water shall be provided at all times.

Adequate dressing, locker and toilet facilities shall be provided for patrons.

A minimum of one wash basin for employees shall be provided at all times. The basin shall be located within or as close as practicable to the area devoted to performing of massage services. Sanitary towels shall also be provided at each basin.

All massage businesses shall comply with all State and federal laws and regulations for handicapped clients.

13.

Other than custodial or maintenance staff, no persons shall be permitted within the premises of a massage business between the hours of 11:00 p.m. and 6:00 a.m.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.028 Mobile Home Parks.

Mobile home parks shall be located, developed, and operated in compliance with the following standards:

Maximum Density. The maximum density is as allowed by the base zoning district in which the manufactured home park is located.

Maximum Allowable Height. Maximum building or structural height of any buildings appurtenant to mobile home or trailer courts or subdivisions shall be 28 feet.

Setback from Adjacent Streets. All manufactured home spaces shall be set back a minimum of 20 feet from all public street rights-of-way adjacent to the site, and the setback area shall be landscaped.

Setbacks for Individual Units. Minimum setbacks for individual units are as follows:

Front: Five feet.

Side: Five feet.

Rear: 10 feet.

Awnings and carports may not be closer than three feet from any manufactured home space boundary.

Access. Access to internal private streets is required for all manufactured home lots or spaces within the manufactured home park. Direct access from a manufactured home lot or spaces to a public street or alley is not permitted. All points of vehicular access to and from public streets shall be approved by the City Engineer.

Internal Streets. All private internal streets within the mobile home or trailer park shall not be less than 30 feet in width and shall be surfaced and maintained with not less than two inches of plant mix placed on four inches of aggregate base or equivalent.

Walkways. Walkways linking the manufactured homes with recreational and other internal facilities and other manufactured homes shall be provided.

Walls and Screening. Exterior boundaries of a manufactured home park must be screened with a six-foot high solid wall. Such walls shall be composed of decorative block, concrete panels or similar materials and include architectural relief through variations in height, the use of architectural “caps,” columns, or similar measures. All trash and garbage collection areas shall be surrounded on at least three sides by a five foot block wall, and shall have adequate access for collection vehicles.

Common Open Space. Recreation, or common open spaces, shall be provided for each mobile home park or subdivision. An area of at least 300 square feet for each mobile home space must be provided. This open space may be used in more than one location, but no location shall contain less than 1,000 square feet in the aggregate. Each recreational space shall be accessible to all of the mobile home spaces in the park and shall not be used for any other purpose.

Landscaping. Landscaping as prescribed in Section 20.300.008 (“Landscaping”) is required for all common open space areas, exterior front and street side yards, and common parking areas. A 15-foot landscaped buffer shall be provided along streets adjoining the park.

Certification. All manufactured houses shall be certified under the National Manufactured Home Construction and Safety Act of 1974.

Compliance. Mobile home parks must comply with all applicable federal and State regulations; the mobile home park regulations as contained and from time to time amended in the California Code of Regulations, Title 25, Division 1, Chapters 2 and 2.2 relating to the maintenance, use and occupancy of mobile homes, seismic bracing, and the construction and operation of mobile home parks; and all other applicable State and local regulations.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.029 Mobile Vendor Services.

Mobile vendor services that provide temporary personal and support services to employees from a readily moveable unit shall be located and operated in compliance with the following requirements and development standards:

Location. All activities must be conducted entirely on private property and wholly within an approved vehicle.

General Standards. All mobile vending operations must have a South San Francisco Business License and must comply with all applicable State and County health codes, including any required restroom agreement letter.

Alteration of Site Prohibited. Mobile vendor services shall not permanently alter the character or physical facilities of the property where they occur.

Automobile/Vehicle Services. Automobile/vehicle services are prohibited as mobile vendor services, except car washing which shall be subject to a Minor Use Permit.

Parking. Mobile vendor services shall not:

Park or be located within 20 feet of a fire hydrant or public safety alarm box.

Obstruct any walkways, drive aisles, sidewalks or path of travel.

Park on any unimproved (unpaved) surface.

Duration of Stay. Mobile vendor services shall not be on site in the approved location for more than 16 consecutive hours, nor more than twice during any given week. Upon request, the Chief Planner may approve additional hours to accommodate special events of limited duration.

Vehicle Type. Mobile vendor services shall be limited to vans, mobile homes, trailers, or similar contained vehicles.

Procedures. Mobile vendor services that comply with all of the standards and requirements in subsections A through F may be approved by the Chief Planner subject to the requirements of Chapter 20.470 (“Site Clearance”) and a Business License. The Chief Planner may approve a Minor Use Permit to allow car washing or a mobile vendor service that does not comply with the standards and requirements in subsections E through G subject to the following:

Automobile/Vehicle Services. Automobile/vehicle services are prohibited as mobile vendor services except car washing conducted in compliance with the California Regional Water Quality Control Board San Francisco Bay Regional Municipal Regional Stormwater NPDES Permit, the City of South San Francisco Source Control Measures, and all other applicable stormwater control requirements.

Other. Any reasonable conditions the Chief Planner deems necessary to ensure compliance with the purposes of the district and to make the findings required by Section 20.490.004 (“Required Findings”) based on the information contained in the application, public records, and/or recommendations from departmental staff.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.030 Other Financial Services.

Other financial services subject to this section, which includes alternative loan businesses and pawnbrokers, shall be located, developed, and operated in compliance with the following:

Maximum Size. Limited to 2,500 square feet in size.

Location. Other financial services shall be located on a major arterial or higher classification street, and at least 1,000 feet from any other financial services business.

Queuing Area. Adequate queuing area shall be provided within the building. Queuing on the sidewalk is prohibited.

Security. A security plan shall be provided for review and approval by the Chief Planner and the City of South San Francisco Police Department. The plan shall provide for adequate security, including a central station alarm system to the Police Department. Bars on the windows, exterior phones and roll up doors are prohibited.

Hours of Operation. The business shall not open prior to 7:00 a.m. or close for business after 7:00 p.m., daily. Any alteration to these hours of operation may be granted with approval of a Conditional Use Permit.

Pawnbrokers. Pawnbrokers subject to this section shall be located, developed, and operated in compliance with the following standards:

Customer Circulation and Display. The business shall dedicate at least 25 percent of the gross floor area to customer circulation and the display of goods for sale to the public. The display of firearms is prohibited and any firearm sales shall be an accessory use to the operation of the pawnbroker business.

Compliance with Chapter 6.92. Pawnbrokers shall comply with all regulations and requirements contained in Chapter 6.92 (“Pawnbroker/Secondhand Dealer”).

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.031 Outdoor Market.

Outdoor sales shall be located, developed, and operated in compliance with the standards of this section.

Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Chapter 20.340 (“Temporary Uses”).

Produce Displays. The outdoor display of produce associated with an existing Food and Beverage Retail Sales establishment on the same site is allowed, subject to the following standards:

The display does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas; and

All produce is removed or enclosed at the close of each business day.

Permanent Outdoor Display/Sales. The permanent outdoor display of merchandise requires approval of a Minor Use Permit in accordance with Chapter 20.490 (“Use Permits”), and shall comply with the following minimum standards:

Location. Outdoor sales shall be located entirely on private property outside any required setback, fire lane, fire access way, or landscaped planter in zoning districts that do not have required setbacks. A minimum setback of 15 feet from any public right-of-way is required.

Screening. All outdoor sales and activity areas shall be screened from adjacent public rights-of-way and residential districts by decorative solid walls, solid fences, or landscaped berms pursuant to Section 20.300.008 (“Landscaping”).

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.032 Outdoor Seating.

Eating and drinking establishments with outdoor seating areas shall be located, developed, and operated in compliance with the following standards:

Size. Outdoor seating areas shall not exceed 50 percent of the total building floor area occupied by the eating and drinking establishment, or 300 square feet of outdoor seating area, whichever is greater, unless approved with a Minor Use Permit.

Minor Use Permit. A Minor Use Permit is required for outdoor dining when the outdoor seating area:

Abuts the property line of a residential district outside of the Downtown/Caltrain Station Area Zoning District.

Barriers. The use of barriers around the outdoor seating area may be permitted, provided they are in a manner acceptable by the City and the design is approved by the Chief Planner. Barriers must be integrated into the design of the outdoor seating area and shall not encroach into the adjacent travel lane or pedestrian path of travel.

Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment, but in no case shall be permitted earlier than 7:00 a.m. or later than 10:00 p.m.

Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from an outdoor seating area on the public sidewalk or right-of-way. Refuse areas shall be screened with a solid masonry wall at least six feet in height.

Permitted Locations. Outdoor seating areas within the public right-of-way are allowed in commercial and mixed-use areas subject to the requirements listed above and the following standards:

Procedure. Any permit to allow dining within the right-of-way is nontransferable and, unless revoked, shall remain valid for one year from the date of issuance. In order to continue operation of an outdoor dining area beyond the term of the permit, the owner/operator shall submit a new application for an outdoor dining area.

Sidewalk Dining Areas. The following standards shall be met for the establishment and maintenance of a sidewalk dining area within the public right-of-way:

An unobstructed sidewalk clearance of four feet shall be maintained for pedestrians at all times from the edge of any table, chair, bench, planter, or other appurtenances used as part of a sidewalk dining area (see Figure 20.350.032.F.2).

Figure 20.350.032.F.2: Sidewalk Dining Physical Requirements

Where the sidewalk dining area is located adjacent to the street, and in addition to the requirements stated in subparagraph 1 above, an 18-inch clearance shall be maintained from the face of the curb to the sidewalk dining area unless there is parking parallel to the street, in which case a two-foot clearance is required (see Figure 20.350.032.F.2).

No sidewalk dining area shall obstruct any points of building ingress and/or egress.

On a corner lot, no sidewalk dining area shall be located within the area bound by the extensions of the corner building walls between the building and the curb.

All sidewalk dining furniture and appurtenances shall be removed at the close of each business day. No storage of materials on sidewalks is allowed.

No portion of a sidewalk dining area shall be permanently attached to the sidewalk or building.

Sidewalk seating is exempt from the parking requirements of Chapter 20.330 (“On-Site Parking and Loading”).

Parking Lane Dining Areas. The following standards shall be met for the establishment and maintenance of dining areas within on-street parking lanes within the right-of-way.

Dining areas in parking lanes are permitted only in the Downtown within on-street parking lanes directly facing a property.

Dining areas must be located on constructed dining platforms.

Dining platforms shall not encroach into the adjacent travel lane and shall be located a minimum of six inches from lines marking a parking space.

A dining platform shall not be closer than 25 feet from the intersection of corner property lines or driveways.

Dining platforms shall have a flush transition to the sidewalk to avoid tripping hazards.

Dining areas shall not include cords, wires or any elements between the dining area and the building.

Dining areas shall incorporate vertical elements that enhance visibility from traffic, and the corners of the structure fencing shall be fitted with reflectors.

Platforms shall not interfere with utility access, bus zones, or curbside drainage. Every platform shall meet accessibility standards of the Americans with Disabilities Act Accessibility Guidelines.

The sub-structure of the dining platform shall ensure a level surface and a minimum of 12-inch drainage for the adequate passage and use of the curb and storm drain.

All parking lane dining furniture shall be removed or secured at the close of each business day. No storage of materials on sidewalks is allowed when outdoor dining space is not used.

Traffic barricades: If establishing a dining area in the parking lane for seating, retail, or other business activity, applicant must install barricades between the parking area and the traffic lane or any active parking. Barricades must be:

36 inches to 42 inches high;

Not easily moved, altered or stolen;

Stable and sturdy enough not to fall over or be pushed over (like when leaned against);

Marked with yellow high intensity retroreflective tape or reflectors to be visible at night.

Design Requirements.

Any umbrella, heater, or similar feature used in a sidewalk dining area shall be safely secured during use.

The design and appearance of all proposed improvements or furniture, including, but not limited to, tables, chairs, benches, umbrellas and planters, to be placed in the sidewalk dining area shall present a coordinated theme and be compatible with the appearance and design of the building, as determined by the Chief Planner.

The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of a material other than molded plastic.

Planters and planter boxes, if used as temporary dividers, must be planted and maintained with live plants.

The establishment shall utilize the same utensils and dishes for sidewalk dining as used for indoor dining areas to minimize the amount of disposable service ware.

No signs shall be permitted in a sidewalk dining area (including sign copy on umbrellas) except as may be required by the City or Department of Alcoholic Beverage Control (ABC) for reasons of public health or safety.

All entertainment use, operation, or playing of musical instruments, loudspeakers, sound amplifiers, or other machine for the production or reproduction of sound is subject to the standards of Chapter 20.340 (“Temporary Uses”).

No electrical appliances, heating or cooking of food or open flames shall be allowed in the outdoor dining area. Use of portable heating devices may be permitted with approval from the Fire Chief.

Overhead coverings of an outdoor dining area shall have a minimum clear height of eight feet and a maximum overall height of 25 feet.

Maintenance of Outdoor Dining Areas.

The permittee and the property owner shall maintain the outdoor dining area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter. This shall include all tables, chairs, benches, planters, or other appurtenances placed in the public right-of-way. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the Chief Planner.

Activities involving the outdoor dining area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.

The permittee shall ensure that the outdoor dining area is limited to business patrons.

The permittee and the property owner shall be responsible for preventing excessive noise to ensure minimal or no intrusion on surrounding merchants and inhabitants.

If necessary, the permittee or the property owner shall clean the surface of the outdoor dining area by washing or buffing to remove any stains, marks, or discoloration to the satisfaction of the Department of Public Works and in accordance with prevailing storm water and water quality regulations.

Umbrellas, canopies, or other shade elements shall be kept clean and in good condition, secure in windy conditions, and fire-treated.

Special Standards for Outdoor Dining Areas with Alcoholic Beverage Service.

A Minor Use Permit shall be required for all outdoor dining areas serving alcoholic beverages.

Alcoholic beverages may only be served in outdoor dining areas which are established in conjunction with a full service restaurant as defined in Chapter 20.620 ("Use Classifications").

Design of outdoor dining areas shall comply with the standards of Section 20.350.032(F)(2) through (F)(4).

All entrances/exits of the sidewalk dining area shall be posted with signs stating that alcoholic beverages must be kept within the sidewalk dining area at all times. In addition, small cards shall be placed on each table giving notice that removal of alcoholic beverages from the sidewalk dining area is not allowed.

The capacity of the sidewalk dining area shall be limited to the number of seats approved in the Sidewalk Dining Permit or Parking Lane Dining Area Permit.

Provisions for the storage and/or preparation of alcoholic beverages shall not be permitted in the sidewalk dining area.

Alcoholic beverages shall be served with glasses. Transportation by patrons of any alcoholic beverage beyond the sidewalk dining area or the interior of the restaurant shall be a violation of the proprietor’s Sidewalk Dining Permit or Parking Lane Dining Area Permit. Empty beverage containers shall be removed from the outdoor dining area as soon as possible.

A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of an outdoor dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. Loss of such license shall automatically constitute termination of the City permit to serve alcoholic beverages in the outdoor dining area.

Indemnification/Insurance. The permittee shall defend, indemnify and hold harmless the City and its officers and employees from and against all claims, losses, damage, injury and liability for damages arising from the permittee’s use of the public right-of-way. The permittee shall provide to the City, in a form and in amounts acceptable to the City Attorney, certificates of insurance substantiating the existence of a general liability policy covering the area subject to the permit.

Temporary Suspension of Permit. The Director of Public Works shall have the right to suspend or prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches and similar special events; repairs to the street, sidewalk or other public facility; or from demonstrations or emergencies occurring in the area. To the extent possible, the City will give prior written notice of any time period during which the operation of the outdoor dining area must be suspended.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.033 Outdoor Storage.

Outdoor storage shall be located, developed and operated in compliance with the following standards.

Applicability. Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 72 hours must conform to the standards of this section. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid Building Permit.

Permitted Locations. The table below states the districts where outdoor storage is permitted and prohibited.

Table 20.350.033: Outdoor Storage Regulations by District and Location
Base Districts	Permissibility of Open Storage
Residential Districts	Not permitted. (All storage must be within an enclosed building.)
Downtown Residential Districts and Downtown/Caltrain Station Area Districts	Outdoor storage permitted as an accessory use outside of required yards, parking and circulation areas, and required landscaped areas with Minor Use Permit approval and subject to the standards of this section.
Non-Residential Districts	Permitted as an accessory use outside of required yards, parking and circulation areas, and required landscaped areas subject to the standards of this section.
Civic Districts	Not permitted. (All storage must be within an enclosed building.)

Lindenville Specific Plan Districts	Permitted in T3ML district as an accessory use outside of required yards, parking and circulation areas, and required landscaped areas subject to the standards of this section.

Fencing and Screening. Outdoor storage areas shall be screened so as not to be visible from any public street or highway; residential or downtown district; or publicly accessible open space area, parking area, access driveway, or similar thoroughfare.

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

Screening walls and fences shall not exceed maximum fence heights in required yards, and in other areas shall not exceed 10 feet in height. A screening wall or fence up to 15 feet in height may be allowed outside of required setback areas with Minor Use Permit approval.

All fences and walls, excluding masonry and approved permanent-finish panels, shall be painted a uniform, neutral color, excluding black, which blends with the surrounding terrain, and improvements shall be maintained in a neat, orderly condition at all times.

Exemptions. The following uses are exempt from the fencing and screening requirement:

Automobile service stations, limited to automobile accessories and facilities necessary to dispensing petroleum products only.

Automobile and vehicle sales, limited to automobiles and vehicles held for sale or rental only.

Mobile home sales.

Parking lots.

Modification. The Chief Planner may modify the standards for fencing and screening for outdoor storage areas not open to view from any public street or highway, or any area in a residential, downtown, commercial, or form-based zoning district:

Where adjoining property is located in a non-residential district and is developed with another outside storage use; or

Where fences, walls or buildings are located adjacent to lot lines on surrounding property which serve to enclose such yard as well as or better than the wall or fence required by this section; or

Should the use, fence, wall or building providing justification for such modification be removed, such wall or fence shall be provided in compliance with this section within six months from the date of such removal.

Landscaping Requirements.

All required fencing and screening which are open to view from any street or highway, or any area in a residential, downtown or commercial district, shall be provided with at least one square foot of landscaping for each linear foot of such frontage, and this landscaping shall meet the following standards:

Landscaping shall be distributed along said frontage in accordance with the site plan approved by the Chief Planner.

No planting area shall have a horizontal dimension of less than three feet.

Landscaping shall be maintained in a neat, clean and healthful condition, including proper pruning, weeding, and removal of litter, fertilizing and replacement of plants when necessary.

A permanent watering system shall be provided which irrigates all planted areas. Where the watering system consists of hose bibs alone, these bibs shall be located not more than 50 feet apart within the required landscaped area. Sprinklers used to satisfy the requirements of this provision shall be spaced to assure complete coverage of the required landscape area.

The Chief Planner may approve alternative methods of providing landscaping where the criteria provided herein would cause unnecessary hardship or constitute an unreasonable requirement and an alternative plan will, in his or her opinion, provide as well or better for landscaping within the intent of this provision.

Surfacing. Outdoor storage areas shall be surfaced with a minimum thickness of two inches of Type A asphalt concrete over 95 percent relative compaction native soil, or a minimum thickness of six inches of Class B concrete. Such surfacing shall be permanently maintained free of structural defects. A waiver or exception may be granted to allow outdoor storage of non-hazardous materials on other surfacing only if the following findings can be made:

The proposed surfacing is appropriate to the type of product displayed; and

The proposed surfacing will conform to all applicable federal and State air and water quality standards.

Storage Restrictions. All portions of outside storage and display areas shall have adequate grading and drainage and shall be continuously maintained, and all raw material, equipment or finished products stored or displayed pursuant to the provisions of this section:

No stored goods may exceed the height of the screening wall or fence;

Shall be stored in such manner that it cannot be blown from the enclosed storage area; and

Shall not be placed or allowed to remain outside the enclosed storage area.

(Ord. 1646 § 2, 2022; Ord. 1649, 10/11/2023; Ord. 1656, 6/12/2024)

§ 20.350.034 Personal Services.

Personal services shall be located, developed, and operated in compliance with the following standards:

Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 10:30 p.m.

Business License Required. All personal services establishments shall maintain a current City of South San Francisco Business License.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.035 Personal Storage.

Personal storage facilities shall be located, developed and operated in compliance with the following standards.

Business Activity. All personal storage facilities shall be limited to storage only. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units. No activities other than rental of storage units and pick-up and deposit of storage shall be allowed on the premises. Examples of activities prohibited in said facilities include, but are not limited to, the following:

Auctions, commercial wholesale or retail sales, or miscellaneous garage sales. Excepting auctions required by law to comply with lien sale requirements. During the course of said lien sales, customer vehicles shall not be allowed to obstruct travelways within the self-service storage facility.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, appliances, or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The establishment of a transfer and storage business.

Any use that is noxious or offensive because of odors, dust, noise, fumes, or vibrations.

Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

Circulation. Driveway aisles shall be a minimum of 20 feet wide.

Screening. Where exterior walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material. Chain link or wood is not appropriate.

Fencing. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid façades of the storage structures do not provide a perimeter barrier.

Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building façades or solid fences.

Outdoor Lighting. All outdoor lights shall be shielded to direct light and glare only onto the personal storage premises and may be of sufficient intensity to discourage vandalism and theft. Said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.

Signs. Outdoor advertising displays besides those for the personal storage facility itself shall not be permitted on the premises.

Fire Protection. One-hour rated construction fire walls shall be provided to separate every 3,000 square feet within any personal storage structure.

Portable Storage Buildings. Movable storage buildings shall be allowed if they are constructed to appear as conventional storage buildings and adhere to all applicable Building and Fire Codes.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.036 Recycling Facilities.

Purpose. The purpose of these provisions is to promote recycling in compliance with the requirements of the California Beverage Container Recycling and Litter Reduction Act (Public Resources Code Section 14500 et seq.).

Criteria and Standards. Those recycling facilities permitted by right and design review approval shall meet all of the applicable criteria and standards listed below. Those recycling facilities permitted with a Conditional Use Permit shall meet the applicable criteria and standards, provided that the Chief Planner, Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section and the purposes of this Ordinance.

If the zoning district in which the facility is located has a provision requiring all activities to be conducted completely within an enclosed structure, recycling collection facilities are exempt from that requirement.

Reverse Vending Machines. Reverse vending machines located within a commercial structure do not require discretionary permits. Reverse vending machines must comply with the following standards:

Shall be established in conjunction with a commercial use or community service facility which is in compliance with the Zoning Ordinance and Building and Fire Codes of the City;

Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

Shall not occupy parking spaces required by the primary use;

Shall occupy no more than 50 square feet of ground or floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

Shall be constructed and maintained with durable waterproof and rustproof material;

Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

Shall have a sign area of a maximum of four feet per machine, exclusive of operating instructions;

Shall be maintained in a clean, litter-free condition on a daily basis;

Shall have operating hours at least the equivalent of the operating hours of the host use; and

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

Small Collection Facilities. Small collection facilities shall meet all the following standards:

Shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the Zoning Ordinance, Building and Fire Codes of the City;

Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

Shall be set back at least 10 feet from any property line and shall not obstruct pedestrian or vehicular circulation;

Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local health official;

Shall use no power-driven processing equipment except for reverse vending machines;

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

Shall not exceed noise levels of 60 dBa as measured at the property line of a residential district or residential use, otherwise shall not exceed 70 dBa;

If the facility is located within 100 feet of a residential district or residential use it shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;

Containers for the 24-hour donation of materials shall be at least 30 feet from any residential district or residential use unless there is a recognized service corridor or acoustical shielding between the containers and the residential use;

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;

Signs may be provided as follows:

Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is larger, in addition to informational signs required in subsection (B)(1)(f) above. In the case of a wheeled facility, the side will be measured from the pavement to the top of the container,

Signs must be consistent with the character of the location,

Traffic signs may be installed with the approval of the City Engineer and Police Department if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

The facility shall not impair the landscaping required by local ordinances for any concurrent use of this Ordinance or any permit issued pursuant thereto;

No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed;

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation, and

A parking study shows that existing parking capacity is not fully utilized during the time the recycling facility will be on the site, and

The permit will be reconsidered at the end of 18 months;

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

For a Commercial Host Use. As shown in Table 20.350.036.

Table 20.350.036: Commercial Host Parking Reduction
Number of Parking Spaces Available	Maximum Reduction
0 — 25	0
26 — 35	2
36 — 49	3
50 — 99	4
100+	5

For a Community Facility Host Use. A maximum five spaces reduction may be allowed when not in conflict with parking needs of the host use;

If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

Large Collection Facilities. Large collection facilities shall meet all the following standards:

Facility shall not abut a property zoned or planned for residential use;

Facility shall be screened from the public right-of-way by operating in an enclosed building, or:

Within an area enclosed by an opaque fence at least six feet in height with landscaping as specified in Section 20.300.008 (“Landscaping”), and

At least 150 feet from property zoned or planned for residential use;

Setback requirements shall be those required in the zoning district in which the facility is located;

All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material and approved by the Fire Department. Oil storage must be in containers approved by the Fire Department and Health Official. No storage, excluding truck trailers and overseas containers shall be visible above the height of the fencing;

Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

Space shall be provided on site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where it is determined that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

One parking space shall be provided for each commercial vehicle operated by the recycling facility;

Noise levels shall not exceed 55 dBa as measured at the boundary of a residential district, or otherwise shall not exceed 70 dBa;

If the facility is located within 50 feet of a residential district or property planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

Any containers provided for the donation of recyclable materials after hours shall be at least 50 feet from any residential district or residential use, shall be sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers shall be at least ten feet from any building;

Donation areas shall be kept free of litter and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. A notice stating that no material shall be left outside the recycling containers must be displayed;

Facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the district; and traffic signs may be installed with the approval of the City Engineer and Police Department, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way; and

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the Minor Use Permit process if noise and other conditions are met.

Processing Facilities. A light processing facility may be sited in an MI district with a Minor Use Permit, provided the facility meets all the following standards:

Facility shall not abut a residential district or residential use;

Processors shall operate in a wholly enclosed building except for incidental storage, or:

Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped according to the provisions of Section 20.300.008 (“Landscaping”), and

Located at least 150 feet from a residential district or residential use;

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

Setback requirements shall be those required in the MI district;

All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Department and Health Official. No storage excluding truck trailers and overseas containers shall be visible above the height of the fencing;

Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers except where it is determined that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

One parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the district in which the facility is located;

Noise levels shall not exceed 60 dBa as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBa;

If the facility is located within 500 feet of a residential district or residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open;

Any containers provided for the donation of recyclable materials after hours will be at least 50 feet from any residential district or residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

Sign requirements shall be those provided for the MI zoning district. In addition, facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; and

No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.037 Short-Term Vacation Rentals.

Short-term vacation rental uses shall be located, developed, and operated in compliance with the following standards:

Type of Residence. Must be located and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapter 20.620 ("Use Classifications") and Section 20.350.003 ("Accessory Dwelling Units").

Number of Uses. Short-term vacation rental uses shall be permitted in no more than one single-unit dwelling per lot.

Permit Required and Duration of Permit. Any short-term vacation rental must apply for a Short-Term Vacation Rental Permit on a form approved by the Chief Planner. The Short-Term Vacation Rental Permit for a short-term vacation rental permits a rental term of fewer than 30 consecutive days and, unless revoked, is valid for one year from date of issuance. In order to continue operation of a short-term vacation rental beyond the term of the permit, the owner/operator shall submit a new application for a short-term vacation rental permit. Any permit to operate a short-term vacation rental is non-transferable.

Residency Requirements. Only permanent residents (owner or tenant) of the dwelling unit are eligible to operate a short-term vacation rental use.

Transient Occupancy Limits.

Hosted Rentals. If the host is on site, the number of transient occupants must be limited to two or fewer.

Non-Hosted Rentals. If the host is off site, the number of transient occupants must be limited to two persons/bedroom, plus two additional persons.

Limit on Duration. The aggregate number of days for transient occupancy of a non-hosted short-term vacation rental is capped at 90 per term of the permit. There is no annual cap for hosted short-term vacation rentals.

Local Contact Information. The permit holder shall keep on file with the City the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of a short-term vacation rental. This information shall be posted in a conspicuous location within the rental dwelling. The local contact person shall be available 24 hours a day to accept telephone calls and respond physically to the short-term vacation rental within one hour when the unit is occupied.

Noise. The short-term vacation rental use must comply with the adopted noise standards for the district in accordance with Section 8.32.030 (“Maximum Permissible Sound Levels”).

Conduct. The permit holder must ensure that transient occupants of the short-term vacation rental do not engage in disorderly conduct or violate code provisions or State law.

Safety. All short-term vacation rentals must comply with all applicable building laws, including, but not limited to, providing working smoke detectors, carbon monoxide detectors, contain working heating, and otherwise satisfy all applicable requirements of the California Building Standards Code.

Health and Safety Information. Hosts shall provide local health and safety information to renters, including locations of local hospitals and clinics, and non-emergency police contact information.

Commercial Activities. Any commercial use beyond a permitted short-term vacation rental is prohibited. No special event as defined by Chapter 6.48 (“Special Event Permits”) can be conducted as part of a short-term vacation rental.

Advertising. All advertising (print or digital) for a short-term vacation rental shall include the number of the permit granted for the use.

Business License. The permit holder shall obtain a City Business License in accordance with Chapter 6.12 ("Licensing Procedures").

Applicable Taxes. The permit holder shall collect and remit all applicable City Taxes, including, but not limited to, Transient Occupancy Taxes and Conference Center Taxes in accordance with Chapter 4.20 (“Transient Occupancy Tax”), as required.

Consistency with Other Agreements. A short-term vacation rental use must be permitted by applicable HOA bylaws; Covenants, Conditions and Restrictions (CC&Rs); and rental agreements.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.038 Social Service Facilities.

All social service facilities shall provide the following:

Adequate and accessible sanitary facilities, including lavatories, rest rooms and refuse containers;

Sufficient patron seating facilities for waiting and/or dining, whether indoor or outdoor;

Effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas;

A plan of operation, including, but not limited to, patron access requirements, hours of operation, control of congregate activity, security measures, litter control, and noise attenuation; and

Evidence of compliance with all Building and Fire Safety regulations and any other measures determined by the Review Authority to be necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.350.039 Tattoo or Body Modification Parlor.

Purpose and Intent. It is the purpose and intent of this section to regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

Location. Tattoo and body modification parlors shall be located a minimum of 500 feet from any other such establishment, any public park and any school for students in any grade from kindergarten through 12th grade.

Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the San Mateo County Department of Health.

No Persons Under 18. A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by his or her parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.001 Purpose.

This chapter has been adopted to ensure that all signs installed in the City are compatible with the unique character and environment of the community, and in compliance with the General Plan. This chapter promotes the public health, safety, and welfare through a comprehensive system of reasonable, effective, consistent, content neutral, and nondiscriminatory sign standards and requirements. More specifically, this chapter is intended to:

Ensure that all signs are compatible with the unique character and environment of the City, and that they support the desired ambience and development patterns of the various districts and historic areas within the City;

Balance public and private objectives by allowing adequate avenues for both commercial and non-commercial messages;

Ensure pedestrian and traffic safety by promoting the flow of traffic and the protection of pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to, cluttered, distracting, and/or illegible signage;

Prevent property damage, personal injury, and litter caused by signs that are improperly constructed or maintained;

Protect and improve property values, the local economy, and quality of life by preserving and enhancing the appearance of the streetscape;

Provide clear and unambiguous sign design standards that enable the fair and consistent enforcement of these sign regulations; and

Ensure that the constitutionally guaranteed right of free speech is protected.

(Ord. 1646 § 2, 2022)

§ 20.360.002 Applicability.

This chapter applies to all signs in all zoning districts regardless of their nature or location, unless otherwise specifically exempted in Section 20.360.002(F) ("Exempt Signs") or specified, constructed or physically altered on or after the Effective Date.

Standards for permanent signs are found in Section 20.360.006 ("Standards for Permanent Signs").

Standards for temporary signs are found in Section 20.360.007 ("Standards for Temporary Signs").

The provisions of this chapter shall be applied in a content-neutral manner. Noncommunicative aspects of all signs, not related to the content of the sign, shall comply with the provisions of this chapter. “Non-communicative aspects” include the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

Nothing in this chapter shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel on sidewalks, in bicycle or vehicle lanes, or on trails, or violate any other reasonable time, place, and manner restrictions adopted by the City.

Substitutions and Interpretations.

This chapter is not intended to, and does not, restrict speech on the basis of its content, viewpoint, or message. No part of this chapter shall be construed to favor commercial speech over non-commercial speech. A non-commercial message may be substituted for any commercial or non-commercial message displayed on a sign, or the content of any non-commercial message displayed on a sign may be changed to a different noncommercial message, without the need for any approval or permit, provided that the size of the sign is not altered and the sign otherwise complies with the provisions of this chapter. To the extent any provision of this chapter is ambiguous, the term will be interpreted not to regulate on the basis of the content of the message.

This chapter applies to all signs within the City.

When there is any question regarding the interpretation of a provision of this chapter, or its application to any specific case or situation, the Chief Planner shall interpret the intent of this chapter.

All regulations included in this chapter shall apply unless a Master Sign Program is approved by the Planning Commission; see Section 20.360.003(B) ("Master Sign Program"). Entry into agreement between the City and a developer for a Master Sign Program may supersede this chapter except for matters of public safety.

Conflicting Regulations. Exceptions to this chapter may be made for signs subject to Federal or State government regulations that may be in conflict with this chapter.

Exempt Signs. The following signs are not regulated under this chapter, do not count toward the maximum total sign area for all permanent signs, and do not require a Sign Permit:

Government Signs. Any sign, posting, notice or similar signs placed, installed, or required by law by a City, County, or a federal or State governmental agency in carrying out its responsibility to protect the public health, safety, and welfare, including the following:

Numerals and letters identifying an address from the street to facilitate emergency response and compliant with City requirements;

Emergency and warning signs necessary to warn of dangerous and hazardous conditions and that serve to aid public safety or civil defense;

Traffic signs erected and maintained by an authorized public agency;

Signs required to be displayed by any applicable federal, State, or local law, regulation, or ordinance;

Signs directing the public to points of interest; and

Signs showing the location of public facilities.

Incidental Signs. Incidental signs not to exceed a total of three square feet in sign area for all permanent signs in all single-family residential zoning districts and six square feet in all other zoning districts.

Bulletin Boards. One bulletin board not exceeding 20 square feet in area or five feet above existing grade, if located on the premises of a public, or quasi-public agency, community facility, or institution.

Signs Not Readable from the Public Right-of-Way. Signs not readable from the public right-of-way, including:

Signs or displays located entirely inside of a building, within a courtyard, open-air pedestrian space or similar open area and not visible from the building’s exterior;

Signs intended to be readable from within a parking area or City park but not readable beyond the boundaries of the lot or parcel upon which they are located or from any public right-of-way.

Historic Plaques and Commemorative Signs. Historic plaques, memorial signs or tablets either attached to or cut into the surface of buildings, provided that no such sign exceeds three square feet in area.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.003 Administration and Procedures.

Permits Required; Review Process.

Sign Permit Type. The physical classification of signs and the review criteria are as follows:

Type A. Temporary wall banner signs and permanent signs that have a maximum freestanding height of six feet or less and have a maximum surface area of 25 square feet or less.

Type B. Signs that have a freestanding height of more than six feet and less than 10 feet and have a maximum surface area of more than 25 square feet and less than 100 square feet.

Type C. Signs that have a freestanding height of 10 feet or more, and less than 20 feet and have a maximum surface area of 100 square feet or more and less than 300 square feet.

Master Sign Program. See Section 20.360.003(B) ("Master Sign Program").

Special Circumstances Sign Permit. See Section 20.360.003(C) ("Special Circumstances").

Authority. The Chief Planner shall review and approve all Type A, Type B and Type C sign applications. The Planning Commission shall review and approve all Master Sign Program and Special Circumstances Sign applications.

Design Review Required. All signs 100 square feet or more in size are subject to the design review provisions of Chapter 20.480 (“Design Review”).

Sign Permit Required. No sign shall be erected, re-erected, constructed, or altered (including change of copy or face change excluding digital billboards approved subject to Section 20.360.003(D) ("Relocation Agreements"), except as provided by this section), unless a Sign Permit has been issued by the Chief Planner and a Building Permit issued by the Building Division, except for those signs exempted in compliance with Section 20.360.002 ("Applicability") and the temporary signs established in Section 20.360.007 ("Standards for Temporary Signs"), except for temporary wall banner signs.

Applications for Filing, Processing and Review.

Filing and Filing Fee. Application for a Sign Permit shall be made upon forms furnished by the Chief Planner and accompanied by the required fee and working drawings adequate to show the location, construction and design, including colors, materials, lighting, electrical elements, and advertising copy, of the sign in accordance with applicable sign design guidelines.

Compliance with Standards.

Upon acceptance of a sign application, the Chief Planner shall review the request for compliance with the standards and requirements of this chapter, and with any standards established in a Master Sign Program pursuant to Section 20.360.003(B) ("Master Sign Program").

The Chief Planner’s decision shall clearly state any conditions of approval or reasons for disapproval and applicable appeal provisions.

All signs must meet the requirements of the Building and Electrical Code. No permit for construction will be issued until design review, if required, has been granted and the application has been found in conformance with the approved design.

Appeals. Decisions by the Chief Planner may be appealed subject to the provisions of Chapter 20.570 (“Appeals and Calls for Review”).

Master Sign Program.

Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a project with the overall development design to achieve a more unified appearance.

Applicability. A Master Sign Program is required whenever any of the following circumstances exist:

New non-residential developments of two or more separate tenants that share either the same parcel or structure and use common access and parking facilities (e.g., shopping centers, malls, office complexes and industrial parks);

New multifamily residential developments of 100 or more units; or

Whenever five or more signs are proposed for a building or site with one or more tenants.

Application. Master Sign Program applications shall contain all written and graphic information needed to fully describe the proposed sign program, including the proposed location and dimension of each sign, as well as proposed color schemes, font types, materials, methods of attachment or support, and methods of illumination. A Master Sign Program application shall also include calculation of total allowed sign area, and total proposed sign area, for the site.

Allowable Modifications. A Master Sign Program may provide for additional sign area and other deviations from the standards of this chapter, provided that the Master Sign Program is consistent with Section 20.360.004(G) ("Sign Structure and Installation").

Review Authority. All Master Sign Programs are subject to review and approval by the Planning Commission at the minimum, or by the Review Authority for the project with which the signs are associated, if the Master Sign Program is submitted concurrently with the project application.

Required Findings. In order to approve a Master Sign Program, the Review Authority must find that all of the following are met, in addition to other applicable regulations in this section:

The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site;

Future tenants will be provided with adequate opportunities to construct, erect or maintain a sign for identification; and

Traffic signage and building addressing is adequate for pedestrian and vehicular circulation and emergency vehicle access.

Lessees to Be Informed of Master Sign Program. Lessees within developments subject to the requirements of an approved Master Sign Program shall be made aware of the Master Sign Program in their lease.

Revisions to Master Sign Programs. Revisions to an approved Master Sign Program may be approved by the Chief Planner, or the Chief Planner may refer the matter to the Planning Commission.

Special Circumstances.

Purpose. Unusual site conditions, locations, particular unique signing requirements, or other design factors may warrant types, heights, and sizes of signs not otherwise permitted by the regulations of this chapter. Such signs, including, but not limited to, the following, shall require a Special Circumstances Sign Permit and shall be processed in accordance with Section 20.360.003(A) ("Permits Required; Review Process").

Roof signs which extend above the highest point on the roof or of the type not allowed by Section 20.360.006 (“Standards for Permanent Signs”).

Any individual sign, or combination of all signs on any one property, which exceeds the height, area, or location limitations prescribed in this chapter.

Signs in the Grand Avenue Core (GAC) Zoning District which are of a classic design style, consistent with those designed and erected in the 1940s and 1950s.

Signs in the Airport/South Airport Boulevard and Highway 101 corridor areas which have special sign needs due to the regional nature of the use, the traveler-oriented nature of the use, or other special requirements.

Employee-oriented signs for multi-building campus-like facilities in the east of 101 area, of which at least 400,000 total square feet of development is occupied by a single tenant. Signs approved pursuant to this subsection shall:

Be architecturally integrated with the buildings to which they are attached;

Be oriented toward the interior of the campus and not a public area, including public rights-of-way and public open space;

Hide from view or disguise any separate structure or apparatus required to attach the signs to buildings; and

Only contain copy that is directly associated with the entity for which the Sign Permit is issued.

Electronic changeable copy signs for uses located in other zoning designations not specified by Section 20.360.004(F)(6) ("Electronic Changeable Copy Signs").

Review Authority. All Special Circumstances Signs are subject to review and approval by the Planning Commission at the minimum, or by the Review Authority for the project with which the signs are associated, if the Special Circumstances Sign application is submitted concurrently with the project application.

Required Findings. In order to approve a Special Circumstances Sign, the Review Authority must find that all of the following are met, in addition to other applicable regulations in this section:

The proposed signs are compatible in style and character with any building to which the signs are to be attached, any surrounding structures and any adjoining signage on the site; and

Special circumstances exist that warrant consideration for exceeding the prescribed standards.

Relocation Agreements.

The regulatory provisions of this chapter are designed to accomplish the purposes included in Section 20.360.001 (“Purpose”) with respect to all signs reviewed and allowed in accordance with this chapter.

However, State law substantially limits the City’s ability to eliminate signs legally established prior to the adoption of this chapter, thereby frustrating the accomplishment of the purposes included in Section 20.360.001 (“Purpose”). Therefore, it is advantageous to utilize relocation agreements as authorized by Business and Professions Code Section 5412 to accomplish the purposes of this chapter with respect to such signs.

In order to facilitate the use of relocation agreements to accomplish the purposes of this chapter, signs expressly allowed by relocation agreements shall be exempt from design limitations under this chapter but shall be subject to staff-level design review to ensure compliance with any provisions in the relocation agreement as well as to ensure the best possible design consistent therewith. Except as set forth in this section, signs authorized by relocation agreements shall not be subject to any other design-related limitations not set forth within the relocation agreement itself.

No relocation agreement may be approved unless the City Council determines that it will accomplish the purposes of this chapter better than the status quo that it replaces.

No relocation agreement may provide for the construction or expansion of a sign in a residential district or for automatic changeable copy in which copy can be changed or altered by electric, electromechanical, electronic, or any other artificial energy means, except as set forth in Section 20.360.003(D)(6) below.

A relocation agreement may provide for the installation of a digital billboard provided that the City Council finds that all of the following are met:

The digital billboard is located in a non-residential district, adjacent to U.S. Highway 101.

Installation of the digital billboard, containing up to two billboard faces, will result in a reduction of at least two billboard faces in the City for every digital billboard face installed. If a billboard applicant does not have sufficient existing billboard faces to remove within the City, the billboard applicant may request the City enter into a development agreement that will set forth the terms and conditions under which the billboard installation will be allowed to operate. The terms and conditions of such a development agreement may include, but are not limited to, the payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare in lieu of applicant removing existing billboard(s) in order to satisfy the 2:1 removal-to-placement ratio requirement, as set forth in this subsection.

Installation of the digital billboard will advance adopted policies contained in the General Plan, and any applicable specific plan or area plan.

The digital billboard is operated in accordance with the operating standards set forth in Section 20.360.004(F)(7) ("Digital Billboards").

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.004 General Standards for All Signs.

Sign Message. Any allowed sign may contain, in lieu of any other message or copy, any lawful non-commercial message, so long as the sign complies with the size, height, area, location, and other requirements of this chapter.

Prohibited Location Standards. All signs may not be placed in the following locations or manner, except where specifically authorized in this chapter:

Architectural Features. Areas where a sign would cover the architectural features of a building, such as dormers, insignias, pilasters, soffits, transoms, trims, or another architectural feature;

Accessory Structures. Tacked, painted, pasted or otherwise affixed, to the walls of any building, barn or shed, accessory structure, or on trees, poles, posts, fences, ladders or other structures that are visible from a public way. Permanent signs may be attached to a fence or freestanding wall only when a monument is not present in the development and must be maximum three square feet in sign area;

Clearance Standards. Within the horizontal or vertical clearance standards from communications lines and energized electrical power lines prescribed by the laws of the State of California;

Conflict with Traffic Signs. Any location that obstructs the view of any authorized traffic sign, signal, or other traffic control device or which by reason of shape, color, or position interferes with or could be confused with any authorized traffic signal or device;

Exits and Entrances. Any sign which is placed in a manner that would prevent or inhibit free ingress to or egress from any door, window, vent, or any exit way required by the Building Code, or by Fire Department regulations (currently in effect);

Fuel Tanks, Storage Containers, and Solid Waste Receptacles. Painted, attached or mounted on fuel tanks, storage containers and/or solid waste receptacles or their enclosures, except for a manufacturer’s or installer’s identification, appropriate warning signs and placards, and information required by law;

Intersections and Site Visibility Triangle. Any sign erected or maintained at or near any street intersection or within the site visibility triangle as defined in Section 20.300.016 (“Visibility at Intersections and Driveways”) that will obstruct the free and clear vision of drivers, bicycles, and pedestrians;

Obstruction of Pedestrian and Bicycle Ways. Any sign mounted or displayed in such a manner that impede, obstruct or create hazards with respect to pedestrian or bicycle traffic. A minimum width of four feet must be maintained on sidewalks at all times;

Off-Premises. Off-the-premises to which the sign refers, except as provided in Section 20.360.007 (“Standards for Temporary Signs”). Legally established off-premises signs are subject to the nonconforming sign provisions of Section 20.360.008 (“Nonconforming Signs”).

Public Utilities and Infrastructure. Any sign attached to any public utility pole, structure or streetlight, tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, statue, memorial, or other location on public property, except those signs approved as part of a special event permit on City property or banner signs allowed by the City on light poles within the City;

Right-of-Way. Signs located within the public right-of-way including any sign or handbill attached to a utility pole or street sign pole except those required or allowed by federal, State or local law;

Vehicles. Mounted, attached, or painted on a trailer, boat, or motor vehicle when parked, stored, or displayed conspicuously on private premises in a manner intended to attract attention of the public for the purpose of advertising or identifying the business premises. This provision excludes signs indicating the name of the owner or business that are permanently painted or wrapped on the surface of the vehicle, adhesive vinyl film affixed to the interior or exterior surface of a vehicle window, or signs magnetically attached to motor vehicles or rolling stock that are actively used in the daily conduct of the business. Vehicles must be operable and parked in a lawful or authorized manner.

Display Standards. This subsection regulates the manner in which signs convey their messages by specifying prohibited display features that create distractions to the traveling public and create visual clutter that mar the natural and architectural aesthetics of the City. Signs with the following display features are prohibited:

Devices Affected by Movement. Any sign animated by any means, including fixed aerial displays, airborne balloons, balloon bobbers, feather banners, pennants, propellers, spinners, streamers, lights, string of flags, tubes or other devices affected by movement of the air or other atmospheric or mechanical means;

Exposed Light Source. Any sign with an exposed light source, except for neon or LED strip lights incorporated into the design of the sign;

Flashing Lights. Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination, including search lights;

Fluorescent Colors. Any sign which uses fluorescent colors;

Rotating Signs and Barber Poles. Any sign in which the sign body or any portion of the sign body or any portion of the sign rotates, moves up and down, or any other type of action involving a change in position of the sign body or any portion of the sign, whether by mechanical or any other means. Barber poles no larger than three feet high and 10 inches in diameter, and clocks, are excepted from this restriction;

Visible Matter and Motion Picture Projection. Any sign which emits sound, odor, smoke, laser light display, hologram lights, or other visible matter, including any sign that uses motion picture projection.

Prohibited Sign Types. The following signs are prohibited within the City:

Any sign which advertises a business that is a prohibited use or no longer in existence or a product or service no longer being sold, except as provided in Section 20.360.008 (“Nonconforming Signs”) and historic signs;

Any signs that produce noise in excess of 40 decibels and signs that emit odor or visible smoke, vapor, or particles;

A-frame signs;

Billboards;

Cabinet signs;

Pole signs;

Sign walkers; and

Stuffed or inflated animals or characters used as signs.

Rules of Measurement.

Measuring Sign Area. Sign area includes the entire face of a framed sign, but does not include the supporting structure. Individual letters attached to a building shall be measured by the area enclosed by a continuous line outlining the perimeter of the words, emblems, and logos.

Figure 20.360.004.A: Measuring Sign Area

Double-Faced Signs. For double-faced signs with less than 18 inches between faces, and less than a 30-degree interior angle between faces, only one side shall be counted as the total area. Where the faces are not equal in size, the larger sign face shall be used as the basis for calculating sign area.

Figure 20.360.004.B: Double-Faced Signs

Multi-Faced Signs. The sign area of signs with three or more sign faces, or signs with two sign faces with a distance greater than 18 inches apart or that have an interior angle greater than 30 degrees, shall be calculated as the sum of all the sign faces.

Three-Dimensional Signs. Signs that consist of, or have attached to them, one or more three-dimensional objects (i.e. balls, cubes, clusters of objects, sculpture, or statue-like trademarks), shall have a sign area of the sum of two adjacent sides or sign faces.

Figure 20.360.004.C: Three-Dimensional Signs

Measuring Sign Height. The height of a sign is the vertical distance from the uppermost point used to measure sign area to the existing grade immediately below the sign or to the top of the nearest curb of the street on which the sign fronts, whichever measurement is the greatest.

Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.

Building Frontage. A building’s frontage is considered continuous if projections or recesses in a building wall do not exceed 10 feet in any direction. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each building frontage.

Figure 20.360.004.D: Building Frontage

Sign Illumination.

Internal Illumination. Internal illumination is allowed on single-or two-color LED signs, signs constructed with pan channel letters, or signs constructed with indirect halo illuminated channel letters (i.e. reverse pan channel letters) on an unlit or otherwise indistinguishable background on a freestanding sign or building wall.

External Illumination.

Externally illuminated signs must be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign from above without causing glare. Bottom or side-mounted light fixtures may be approved with a Minor Use Permit.

The light source for externally illuminated signs must be arranged and shielded to substantially confine all direct light rays onto the sign face and away from streets and adjacent properties as illustrated in Figure 20.360.004.E.

Figure 20.360.004.E: External Illumination

Neon.

Exposed neon sign lighting on permanent signs and single-color or two-color LED signs are allowed in all non-residential zones.

Neon signs placed in a window are counted toward the total aggregate area for all window signs. Refer to Section 20.360.006(D) ("Standards for Permanent Building-Mounted and Freestanding Sign Types").

Single-Color or Two-Color LED Signs.

Single-color or two-color LED signs are exempt from the sign area limitations for wall signs and window signs established in Section 20.360.006(D)(5) ("Wall Signs") and Section 20.360.006(D)(6) ("Window Signs").

Any individual single-color or two-color LED sign must not exceed four square feet in area.

Direct Illumination.

Direct illumination is limited to marquee signs and is limited to letters, numbers, symbols and accents.

All direct illumination must be turned off daily at the close of business or 10:00 p.m., whichever occurs last.

Exposed lamps may only be animated to create an effect of patterned illusionary movement provided the alternate or sequential activation of illuminated elements occurs on a cycle that exceeds two seconds.

Electronic Changeable Copy Signs.

Changeable copy shall cover no more than 25 percent of the total sign area, and be no larger than 75 square feet, except as otherwise provided in this chapter.

Electronic changeable copy signs are allowed if granted a Type C Sign Permit pursuant to Section 20.360.003(C) ("Special Circumstances"), subject to compliance with appropriate environmental review under CEQA. All electronic changeable copy signs are subject to the following standards:

Electronic changeable copy signs are only allowed as on-site premises signs.

Maximum Number of Signs per Property. Where permitted, one electronic changeable copy sign is allowed per property.

Operational Limitations. Electronic changeable copy signs shall contain static messages only, and shall not contain any display with movement, or the appearance or optical illusion of movement during the static display period, or any part of the sign structure, including the movement or appearance of movement. Every static message contained on an electronic changeable copy sign shall not include flashing or the varying of light intensity. The content of an electronic changeable copy sign must transition by changing instantly, with no transition graphics.

Minimum Display Time. Each message on the electronic changeable copy sign must be displayed for a minimum of 15 seconds.

Light Level. Lighting levels will not increase by more than 0.3 foot candles (over ambient levels) as measured using a foot candle meter at a distance of 150 feet.

vi.

Light Sensor. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.

vii.

Hours of Operation. Electronic changeable copy signs may be illuminated from 6:00 a.m. until 11:00 p.m., or one-half hour past the close of business that the electronic changeable copy sign is allowed for, whichever is later.

viii.

Alternative Lighting Technology. The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in this subsection shall not require a text amendment for approval, unless the Planning Commission finds it in the best interest of the public to do so. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.

ix.

Malfunction. Electronic changeable copy signs shall be operated with systems and monitoring in place to either turn the display off or show a “full black” image on the display in the event of a malfunction.

Emergency Information. Owners of electronic changeable copy signs are encouraged to coordinate with law enforcement and emergency management authorities to display, when appropriate, regional emergency information important to the traveling public including, but not limited to, Amber Alerts or emergency management information.

xi.

Prohibited. The following are prohibited: addition of an electronic changeable copy sign to a nonconforming sign, an orientation of the electronic changeable copy sign towards Highway 101, and an electronic changeable copy sign located off-premises.

xii.

Fuel Pricing Displays. Automobile Service Station fuel pricing displays are allowed as an Electronic Changeable Copy Sign.

Digital Billboards. Digital billboards are allowed in accordance with a relocation agreement under subsection A of this section. Digital billboards shall have the following operational limitations:

Maximum Number of Signs and Faces. Not more than four digital billboards, with two faces each, may be allowed within the City, and must be pursuant to the approval of a relocation agreement under Section 20.360.003(D) (“Relocation Agreement”).

Operational Limitations. Digital billboards shall contain static messages only, and shall not contain any display with movement, or the appearance or optical illusion of movement during the static display period, or any part of the sign structure, including the movement or appearance of movement. Every static message contained on a digital billboard shall not include flashing or the varying of light intensity.

Minimum Display Time. Each message on the digital billboard must be displayed for a minimum of eight seconds.

Face Size/Area. The maximum allowable face size for a digital billboard shall be 1,200 square feet, excluding any cabinetry, framing or trim.

Light Level. Lighting levels will not increase by more than 0.3 foot candles (over ambient levels) as measured using a foot candle meter at a pre-set distance.

Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign and shall be as outlined in Table 20.360.004-1: Measurement Distance Criteria:

Table 20.360.004-1: Measurement Distance Criteria
Nominal Face Size	Distance to be Measured From
Up to 14 feet x 48 feet	250 feet
Up to 20 feet x 60 feet	350 feet

Light Sensor. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change.

Alternative Lighting Technology. The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology that operates under the maximum brightness stated in Section 20.360.004(F)(6)(b)(v) ("Light Level") shall not require a text amendment for approval, unless the Planning Commission finds it in the best interest of the public to do so. The City shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.

Malfunction. Digital billboards shall be operated with systems and monitoring in place to either turn the display off or show a “full black” image on the display in the event of a malfunction.

Emergency Information. Owners of digital billboards are encouraged to coordinate with law enforcement and emergency management authorities to display, when appropriate, regional emergency information important to the traveling public, including, but not limited to, Amber Alerts or emergency management information.

Location. Digital billboards shall only be allowed in a nonresidential district south of Sister Cities Boulevard and north of the City’s southern boundary, and shall be located on parcels immediately adjacent to U.S. Highway 101. Notwithstanding the foregoing, digital billboards shall not be allowed on parcels adjacent to San Bruno Mountain or in a location that significantly blocks views of San Bruno Mountain.

Sign Structure and Installation.

The installation of signs shall be enforced and administered by the Chief Building Official. All signs and sign structures must be designed to comply with the provisions of this chapter, the applicable provisions of Title 15 ("Buildings and Construction"), and constructed to withstand wind loads, dead loads, and lateral forces.

Where electrical service is provided to freestanding signs or landscape wall signs, the electrical service shall be placed underground and concealed. Electrical service to building mounted signs, including conduit, housings, and wire, shall be concealed or, when necessary, painted to match the surface of the structure upon which they are mounted. A Building Permit shall be issued prior to installation of any new signs requiring electrical service.

All permanent signs allowed by this chapter shall be constructed of durable materials capable of withstanding continuous exposure to the elements and the conditions of a built-up environment, and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame, or structure.

Signs shall be designed so that the support frameworks for the sign are an integral part of the design of the sign or within the structure of the building to which it is attached in such a manner as to not be visible. Any angle iron, bracing, guy wires, or similar features used to support a sign shall not be visible to the extent technically feasible.

Raceway cabinets, as illustrated in Figure 20.360.004.F, must only be used in building mounted signs when access to the wall behind the sign is not feasible, or when the Chief Planner determines that a benefit exists to preserve a historic or architectural feature of a building. In such cases, the raceway cabinet must not extend in width and height beyond the area of the sign and must match the color of the building to which it is attached. Where a raceway cabinet provides a contrast background to sign copy, the colored area is counted in the total allowable sign area allowed for the site or business.

Figure 20.360.004.G: Raceway Cabinet

Sign Maintenance. Each sign displayed within the City, including exempt signs, shall be maintained to comply with the following standards:

All signs shall be maintained by any property owner, lessor, lessee, manager, agent, or other person having lawful possession or control over a sign, building, structure, or parcel of land, in a condition or state of equivalent quality to which it was approved or required by the City.

All signs together with their supports and appurtenances must be maintained in good structural condition, in compliance with applicable Building Codes, and in conformance with this chapter. Maintenance of a sign includes annual cleaning; replacement of flickering, burned out or broken light bulbs or fixtures; repair or replacement of any faded, peeled, cracked, or otherwise damaged or broken parts of a sign; replacement of broken or removed components of the sign; and any other activity necessary to restore the sign so that it complies with the requirements and contents of the Sign Permit issued for its installation and the provisions of this chapter.

The Chief Building Official is authorized to order the repair, maintenance, or removal of any sign or sign structure that has not been maintained and is dangerous or in disrepair, or which is erected or maintained contrary to the requirements of this section.

Failure to maintain a sign constitutes a violation of this chapter and will be subject to enforcement action, in which case the Chief Building Official may order the removal of any sign that is determined to be in disrepair or dangerous.

Any owner of a sign victimized by graffiti shall remove, repair, or repaint sign(s) within two days of notice of the graffiti’s placement on the sign.

Abandoned signs shall be removed in compliance with the following requirements. Any sign not removed within the required period shall constitute a nuisance and shall be removed pursuant to the procedures set forth in Division 3, Chapter 2.6 of the Business and Professions Code (Section 5499.1 et seq.).

(Ord. 1646 § 2, 2022; Ord. 1654, 3/27/2024; Ord. 1656, 6/12/2024)

§ 20.360.005 Sign Design Standards.

Applicability. The standards established in this section apply to all permanent signs. These standards complement the mandatory sign regulations established in Section 20.360.006 (“Standards for Permanent Signs”).

General Sign Design Standards. These general sign design standards will be utilized during the review of all permanent signs for which a Type A, Type B, or Type C Sign Permit (see Section 20.360.003(A) ("Permits Required; Review Process")) is required to ensure the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the sign designer. However, unless there is a compelling reason, these design standards must be observed.

Use a Brief Message. Signs must be designed with a brief message because the fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner, is more effective in conveying its message, and is more attractive.

Avoid Overly Intricate or Unusual Fonts. Simple, easy-to-read fonts must be utilized in signs to enhance their readability. Signs that include very intricate font styles are generally difficult to read and reduce a sign’s ability to communicate effectively. Signs with unusual fonts may look good today, but soon go out of style, and the image conveyed may quickly become that of a dated and unfashionable business.

Figure 20.360.005.A: Examples of Signs with a Brief Message and Simple Font Style

Emphasize One Line of Text. Signs with more than one line of text must emphasize one line over the others to enhance the message conveyed.

Limit the Number of Fonts. The number of fonts used in a sign must be limited because the use of more than two font styles makes the sign harder to read. The primary purpose of a sign is to quickly convey information to motorists and pedestrians.

Sign Colors and Materials. Sign colors and materials must contribute to sign legibility and design integrity. Signs with poor color selection are generally unattractive and unsuccessful at communicating the message. Too many different colors compete with the sign’s content for a viewer’s attention and makes the sign less effective. Sign materials must be durable and weather-resistant.

Provide Contrast Between Background and Letters/Symbols. Signs must be designed with high contrast between the sign’s letter/symbol color and its background color to be most effective. Signs with little contrast in the hue (shade or tint) and/or intensity (brightness) between the background and letter/symbol colors are difficult to read.

Figure 20.360.005.B: Examples of Signs with a Simple Color Palette, Limited Fonts, and Good Contrast

Graphic Relief. Signs must utilize individual lettered business and logo design, or where appropriate, sign copy, logo, and/or decorative embellishments in relief on the face of the sign to enhance readability and project a positive image of the business or use. Signs must be designed to provide three-dimensional relief, i.e. be raised above, or set below the sign background.

Figure 20.360.005.C: Examples of Raised Letters

Sign Placement. Signs must be placed at or near the entrance of a site or building to show the most direct access to the business.

Figure 20.360.005.D: Examples of a Well-Placed Sign Emphasizing a Building Entrance

Proportion, Scale and Rhythm of Sign Placement. Signs must be placed consistent with the proportions and scale of building elements within a building’s façade:

A large sign may fit well on a large, plain wall area, but could overpower the finer scale and proportion if placed above a small storefront.

Signs must establish rhythm, scale, and proportion on a façade where these elements are weak in the building design. On buildings with plain façade, signs must establish or continue appropriate design rhythm, proportion, and scale.

The proportion of letter area to sign background area must be carefully considered. Letters must not appear to occupy more than 70 percent of the sign’s background area. Signs where the letters take up too much of the background area are harder to read. Generally, large letters are not necessarily more legible than smaller ones.

Figure 20.360.005.E: Examples of Signs with Good Proportion, Scale, and Rhythm

Complementary Sign Design. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs must be designed to ensure consistency of sign design and be complementary to one another in the following ways:

Type of construction materials used in the sign body, sign copy, sign base, supports, etc.;

Letter size and style of copy;

Method and design of sign support (wall mounting or monument base);

Configuration of sign area; and

Proportion of sign copy area to background.

Artistry and Innovation. The use of artistry and innovation in sign design will make the sign stand out and draw attention to the use or activity it is advertising. It can also improve the overall appearance of a building or neighborhood.

Sign Scale. Signs must be designed and placed relative to who the intended viewer will be. Signs intended to be read by pedestrians (i.e. usually read from a distance of 15 to 20 feet) must be smaller in scale than a vehicle-oriented sign which is designed to be viewed from a much greater distance. In general, the closer the sign’s viewing distance, the smaller the sign needs to be.

Freestanding Signs. Freestanding signs must incorporate the materials and architectural features used in the building(s) they serve. Freestanding signs are most effective when placed perpendicular to approaching vehicular traffic.

Figure 20.360.005.F: Example of a Freestanding Sign Incorporating the Architectural Details of the Main Building

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.006 Standards for Permanent Signs.

Applicability.

This section establishes the standards for permanent building-mounted and freestanding signs that are applicable in all zoning districts. Standards for each allowed sign type are provided in Section 20.360.006(D) ("Standards for Permanent Building-Mounted and Freestanding Sign Types"). All permanent signs must comply with the standards for sign area, height, number, type, and the other requirements provided in these tables.

A sign type not specifically included in this section may be allowed by the Chief Planner provided the sign meets the intent of the zone in which it is proposed.

Sign Standards for Residential Uses and Districts. The following regulations shall apply to all residential districts, as well as residential dwellings located in non-residential district:

Non-Residential Uses in Residential Districts. One building-mounted sign per each allowable non-residential use, not exceeding eight square feet in area. Community assembly facilities in residential districts are allowed one building-mounted sign or monument sign not exceeding 20 square feet in area.

Residential Uses. One building-mounted sign or monument sign per street frontage with a maximum area of 72 square inches.

Illumination. Wall signs and bulletin boards may be illuminated provided that the light source thereof is not visible and the illumination is nonintermittent. No other signs shall be illuminated.

Sign Standards for Non-Residential Districts. Signage in non-residential districts shall comply with the standards in Table 20.360.006-1. All properties in non-residential districts shall be allowed a minimum sign area of 25 square feet. The area of all building-mounted signs is included in the maximum total sign area, except when specifically exempted. Digital Billboards are exempt from this section and are governed by Section 20.360.004(F)(7) ("Digital Billboards"). Further, off-premises signs allowed in accordance with a relocation agreement under Section 20.360.003(D) ("Relocation Agreements") and a Master Sign Program under Section 20.360.003(B) ("Master Sign Program") are exempt from this section.

Table 20.360.006-1: Sign Standards for Non-Residential Zoning Districts
Zoning Districts (Frontage)	Sign Area Allowed (sq. ft. per linear ft. building frontage)	Total Maximum Sign Area (sq. ft.)	Allowed Sign Types	Maximum Number of Signs	Maximum Sign Area per Sign Type (sq. ft.)
DRL DRM DRH	1.5	300	Awning and Canopy	n/a	60
			Marquee	1 per site	1 per linear ft or building frontage
			Projecting	1 per building or tenant space	16; 8 under a canopy or awning
			Shingle	1 per building or tenant space	6
			Wall	1 per building or tenant space	25
			Window	n/a	15% of window space, up to 30% of window space with MUP approval
			Monument	1 per site	25
DRC LNC GAC DTC ETC CC BPO OPSPD T3N T3C T4L T5L T5C T6C	1.5	300	Awning and Canopy	n/a	100
			Marquee	1 per site	1.5 per linear ft of building frontage
			Projecting	1 per building or tenant space	16; 8 under a canopy or awning
			Shingle	1 per building or tenant space	6
			Wall	1 per building or tenant space	100
			Window	n/a	15% of window space, up to 30% of window space with MUP approval
			Monument	1 per site	60
			Skyline	2 per building with at least 4 stories	1 per linear ft of building frontage
GMP BTP-M BTP-H MIM MIH S-C	1.5	300	Awning and Canopy	n/a	100
			Marquee	1 per site	1.5 per linear ft of building frontage
			Projecting	1 per building or tenant space	16; 8 under a canopy or awning
			Shingle	1 per building or tenant space	6
			Wall	1 per building or tenant space	100
			Monument	1 per site	60
			Skyline	2 per building with at least 4 stories	1 per linear ft of building frontage
PQP	1.0	70	Wall	1 per building or tenant space	25
PQP	1.0	70	Monument	1 per site	60

Standards for Permanent Building-Mounted and Freestanding Sign Types.

Awning and Canopy Signs. Awning and canopy signs may be attached to or painted on the vertical edges of awnings, canopies, arcades, or similar features or structures. Awning and canopy signs are also subject to the specific zoning district standards in Section 20.360.006(B) ("Sign Standards for Residential Uses and Districts") and Section 20.360.006(C) ("Sign Standards for Non-Residential Districts") and the following standards:

Sign Height. Maximum of 25 feet.

Sign Clearance. Minimum of eight feet.

Illumination. Non-illuminated or internal illumination.

Figure 20.360.006.A: Awning and Canopy Signs

Projecting Signs. A sign may project horizontally from the exterior wall of a building provided that such projection conforms to the specific zoning district standards in Section 20.360.006(B) (“Sign Standards for Residential Uses and Districts”) and Section 20.360.006(B) (“Sign Standards for Non-Residential Districts”) and the following standards:

Sign Height. Maximum of 20 feet above the surface of the sidewalk or street or no higher than the eave line or parapet wall, whichever is lower.

Sign Clearance. Minimum of eight feet.

Width. A projecting sign shall be no more than one foot thick.

Projection. The outer edge of a projecting sign shall not extend more than four feet from the building to which it is attached. Projecting signs shall be designed and located so as to cause no harm to street trees. Signs projecting into the public right-of-way are subject to an Encroachment Permit.

Illumination. Non-illuminated, internal illumination or external illumination.

Shingle Signs. Signs suspended beneath an overhead structure, covered walkway, or canopy in conjunction with pedestrian walkways, are allowed, subject to the specific zoning district standards in Section 20.360.006(B) ("Sign Standards for Residential Uses and Districts") and Section 20.360.006(C) ("Sign Standards for Non-Residential Districts"), the requirements for projecting signs in Section 20.360.005(D)(2) above, and the following standard:

Sign Clearance. Minimum of eight feet.

Illumination. Non-illuminated, internal illumination, or external illumination.

Figure 20.360.006.B: Shingle Signs

Marquee Signs. Marquee signs are subject to the specific zoning district standards in Section 20.360.006(B) ("Sign Standards for Residential Uses and Districts") and Section 20.360.006(C) ('"Sign Standards for Non-Residential Districts") and the following standards:

Sign Height. No portion of a marquee sign shall be higher than the eave line or parapet wall of a building.

Sign Clearance. Minimum of 12 feet.

Projections. A marquee sign may extend from the building to which it is attached subject to approval of an Encroachment Permit from the City Engineer provided the marquee is designed and located so as to cause no harm to street trees.

Changeable Copy. Changeable copy may occupy up to 75 percent of the area of a marquee sign.

Illumination. Direct or internal illumination.

Wall Signs. Wall signs include any sign attached to, erected against or painted upon the wall of a building or structure, the face of which is in a single plane parallel to the plane of the wall. Wall signs also include signs on a false or mansard roof. No wall sign may cover wholly or partially any required wall opening. Wall signs are also subject to the specific zoning district standards in Section 20.360.006(B) ("Sign Standards for Residential Uses and Districts") and Section 20.360.006(C) ("Sign Standards for Non-Residential Districts") and the following standards:

Height. Wall signs shall not be mounted or placed higher than the second story and shall not extend higher than the building wall upon which they are attached except on a peaked, mansard, or shed roof where the sign may be placed in such a manner that the highest point on the sign shall be no higher than the lowest two-thirds of the roof height and providing that the vertical dimension of the sign shall be no greater than one-third the vertical dimension of the roof.

Coverage. Wall sign copy shall not occupy more than 75 percent of the length of the wall to which the sign is attached.

Projection. Wall signs cannot extend more than 12 inches beyond the face of the wall to which they are attached.

Figure 20.360.006.C: Wall Signs on Sloped Roofs

Window Signs. Permanent window signs painted or otherwise adhered directly onto a window are subject to the specific zoning district standards in Section 20.360.006(B) ("Sign Standards for Residential Uses and Districts") and Section 20.360.006(C) ("Sign Standards for Non-Residential Districts") and the following standards:

Height. Window signs shall not be mounted or placed on windows higher than the second story.

Visibility. Window signs shall allow visibility into the inside of building. See also Table 20.360.006-1 for standards for permanent window signs and Table 20.360.007-2 for standards for temporary window signs.

Monument Signs. Freestanding signs erected on the ground or on a monument base designed as an architectural unit are allowed, subject to the specific zoning district standards in Section 20.360.006(B) ("Sign Standards for Residential Uses and Districts") and Section 20.360.006(C) ("Sign Standards for Non-Residential Districts") and the following standards:

Height. A maximum of 10 feet.

Sign Base. The monument sign’s base must be at least 60 percent of the width of the sign. The sign base must be maximum four feet in height.

Landscape. All monument signs shall require automatic irrigated landscape at the base equivalent to two times the area of the sign copy.

Illumination. Non-illuminated, internal illumination, or external illumination.

Figure 20.360.006.D: Monument Signs

Monument Signs – Developments with a Minimum Floor Area of 20,000 Square Feet. The following standards apply to a developments containing a minimum of 20,000 square feet with an integrated site and design plan creating a single unified development with one or more uses:

Non-Residential Districts. The maximum sign area in non-residential districts may be no more than one foot for each linear foot of street frontage, but in no case shall the total sign area exceed 200 square feet. If more than one entrance to the lot exists, the maximum sign area allowed will be divided among the number of entryways and signs requested.

Residential Districts and Subdivisions. For subdivisions and other residential area entry signs, the maximum sign area allowed is 20 square feet. Signs shall be mounted on a fence, wall, or other similar entry feature. If more than one entrance exists, the sign area allowed will be divided between the number of entryways and signs requested.

Sign Base. The sign base must be located within a planter box or planting area, the design and location of which is to be approved by the Chief Planner.

Area Not Counted. The area of the sign shall not count towards the permissible sign area of the individual lot.

Figure 20.360.006.E: Monument Signs

Skyline Signs. The following standards apply to buildings of at least four stories located in non-residential districts:

Location. The skyline sign shall be located within the upper 25 percent of the building face and the top of the sign must be placed within 10 feet of the top of the wall surface to which the sign is attached.

Number. Only one skyline sign is allowed per building elevation.

Sign Type. Signs shall be composed of individual, internally illuminated pan channel letters.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.007 Standards for Temporary Signs.

Purpose. The Council finds that the proliferation of temporary signs is a distraction to the traveling public and creates aesthetic blight and litter that threatens the public’s health, safety, and welfare. In addition to the purpose provisions of Section 20.360.001 (“Purpose”), these regulations ensure that temporary signs do not create a distraction to the traveling public by eliminating the aesthetic blight and litter caused by temporary signs and that certain types of temporary signs are allowed to ensure that residences are not left vacant for extended periods of time.

General to All Temporary Signs. Temporary signs are allowed only in compliance with the provisions of this section.

Permits.

A Type A Permit is required to display a Temporary Wall Banner Sign that is less than 32 square feet in area.

Wall Banners larger than 32 square feet in area and less than 100 square feet in area require a Type B permit (see Section 20.360.003 (“Administration and Procedures”)).

All other temporary sign types do not require a permit (see Section 20.360.003 (“Administration and Procedures”)).

Each tenant in a multi-tenant building is entitled to a temporary wall banner sign in accordance with this section.

Not Included in Permanent Sign Allowances. Temporary signs are not counted toward the maximum total sign area established in Section 20.360.006 (“Standards for Permanent Signs”).

General Time, Place, and Manner Restrictions.

Location Standards. Temporary signs must be placed in compliance with Section 20.360.004(B) ("Prohibited Location Standards"), unless specifically exempted by this section.

Time Limit. Temporary signs shall be removed within 45 days after they are placed, erected or installed. In no case shall a temporary sign be allowed more than twice per year.

Display Standards. Temporary signs must comply with Section 20.360.004(C) ("Display Standards").

Design and Construction. Temporary signs must be of sufficient weight and durability to withstand wind gusts, storms, etc. and must be professionally crafted.

Additional Standards for Temporary Signs.

Temporary signs are allowed in compliance with the provisions in Table 20.360.007-1.

Table 20.360.007-1: Standards for Temporary Signs
Standard	Requirement
“sf” = square feet; “lf” = linear feet
Residential Districts
Total Area of all Temporary Signs at Any One Time	Max. 6 sf
Number of Signs	Unlimited except that the total sign area of all temporary signs must not exceed 6 sf.
Distance between Signs	Min. 2 ft
Non-Residential Districts
Total Area of all Temporary Signs at Any One Time	Max. 24 sf
Number of Signs	Unlimited except that the total sign area of all temporary signs (excludes temporary wall banner signs) must not exceed 24 sf per business. Exception: Multi-tenant shopping centers or offices—Max. 2 temporary banner signs per 150 linear feet of property frontage not to exceed 64 sf combined.
Distance between Signs	Min. 2 ft

Standards for Specific Temporary Signs. Temporary signs must comply with the standards provided in Table 20.360.007-2.

Table 20.360.007-2: Standards for Specific Temporary Signs
Temporary Sign Type¹	Standards			Other Requirement
Temporary Sign Type¹	Height (Max.)	Width (Max.)	Area (Max.)	Other Requirement
“sf” = square feet; “lf” = linear feet
Wall Banner	25 ft to top of banner	3 ft	Type A Permit – max. 32 sf Type B Permit – max. 100 sf	Prohibited in residential zoning districts. Must be mounted on a building wall or on T-posts or stakes installed ≤ 6″ from a wall on which the wall banner would be hung.
Window Sign			See End Note²	Must be placed no higher than first story windows. Inside mounting required. Not included in the total sign area for all temporary signs.
Yard Sign Type I	4 ft	2 ft	3 sf	All yard signs must be installed securely in the ground.
Yard Sign Type II	6 ft	2 ft	5 sf
Yard Sign Type III	7 ft	8 ft	32 sf

Notes:
¹	Other temporary sign types may be allowed (e.g. fuel pump topper signs, wraps around waste receptacles, or balloon bobbers) provided the max. area limitation for all temporary signs is not exceeded. The max. height of tether and string support shall be 3 feet.
²	The area of temporary and permanent window signs combined (including signs constructed of perforated vinyl or painted on the window) must not exceed 40% of the area of the window on or within which they are displayed.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.008 Nonconforming Signs.

A nonconforming sign is a sign lawfully constructed and maintained prior to the effective date, but which does not conform to the provisions of this chapter, or because of a district change after the effective date affecting the property upon which the sign is located, ceases to comply with the applicable zoning district regulations. This chapter is intended to limit the number and extent of nonconforming signs by prohibiting the alteration or enlargement of nonconforming signs, thereby reducing the discrepancy between existing conditions and the standards and requirements of this chapter, and to provide for the elimination of nonconforming signs in residential districts, in compliance with State law.

No nonconforming sign shall be altered, enlarged, relocated, and/or reconstructed, except in such manner as to comply with the requirements of this chapter or as authorized under a Relocation Agreement in compliance with Section 20.360.003(D) ("Relocation Agreements"). A nonconforming sign may be maintained or its text changed without affecting its nonconforming status.

Repair or Reconstruction of Damaged or Destroyed Signs. A nonconforming sign destroyed or damaged to the extent of 75 percent or greater of its fair market value as of the date of such destruction or damage is not a nonconforming sign pursuant to this chapter and shall be removed or repaired to conform with all applicable provisions of this chapter.

Alteration. Except as provided below, no nonconforming sign shall be altered or moved unless such alteration or moving reduces the degree of nonconformity.

A nonconforming sign may be removed from the building or structure to which it is attached for purposes of repair providing it is returned to the same place from which it was removed within 14 days after removal, and further providing there is no increase in size or change of copy.

Signs which reflect the unique historical characteristics of the development and heritage of South San Francisco may remain, subject to continued maintenance, until the use of the site on which the sign is located changes, subject to Planning Commission approval based on the following findings:

The sign existed at the effective date and was originally erected at least 30 years prior to the date of the application.

Based on a report from the Chief Building Official, the sign is structurally sound and complies with the provisions of the current building and associated codes.

The design of the sign is common to the period in which it was built, is consistent with the structures on the site, and complements the unique characteristics of South San Francisco.

The sign is maintained in compliance with provisions of Section 20.360.004(H) ("Sign Maintenance"). Continued maintenance shall be a condition of approval of the permit.

Retaining the sign will not result in visual clutter or blight and will not adversely affect the adjoining properties.

Removal or Replacement of a Nonconforming Sign. Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, is required when:

A building is renovated and the cost of the renovation is 50 percent of more of the value of the building as determined by the Chief Building Official or the building is demolished and rebuilt; or

The use of the sign and/or the property on which the sign is located has been abandoned, ceased operations, become vacant, or been unoccupied for a period of 90 consecutive days or more as long as the period of non-use is attributable at least in part to the property owner, tenant, or other person or entity in control of the use. For purposes of this section, rental payments or lease payments and taxes shall not be considered as a continued use. In the event this should occur, such conditions will be considered as evidence of abandonment, requiring removal of the sign by the owner of the property, his/her agent, or person having the beneficial use of the property, building or structure upon which such sign or sign structure is erected within 30 days after written notification from the Chief Planner. If, within the 30-day period, such sign(s) is (are) not removed, enforcement action shall be pursued.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.360.009 Enforcement, Liability, and Penalty.

Liability for Damages. The provisions of this chapter shall not be construed as relieving or limiting in any way the responsibility or liability of any person erecting or owning any sign for personal injury or property damage resulting from the placing of such signs, or resulting from the negligence or willful acts of such persons, their agents, employees or workers in the construction, maintenance, repair or removal of any sign. Nor shall this chapter be construed as imposing upon the City, or its officers, or employees any responsibility or liability by reason of the approval of any signs, materials or devices under the provisions of this chapter.

Enforcement. It shall be the duty of the Code Enforcement Officer to enforce the provisions of this Ordinance; referrals may be made by the Planning Division, Building Division, or Police Department.

Violations. If the Code Enforcement Officer finds any sign not complying with the regulations of this Ordinance, written notice shall be given to the sign owner and to the property owner. The notice shall specify the time period within which compliance must be achieved. If the sign owner or the property owner fails to remove or alter the sign so as to comply with the standards herein set forth after such notice, the Code Enforcement Officer may cause such sign to be removed, or altered to comply, at the expense of the sign owner or owner of the property upon which it is located.

Removal. Notwithstanding the foregoing, the Chief Building Official, Code Enforcement Officer, Director of Public Works or Police Department may have removed without prior notice any sign which is an immediate threat to persons or property or which is located on public property in violation of this chapter. Once such a sign is removed the Code Enforcement Officer shall immediately attempt to notify the owner of the sign, if ascertainable. If the sign is not retrieved within 15 days after removal, it shall be deemed abandoned and may be disposed of by the City.

Penalty for Violation. Any person violating a provision of this chapter or failing to comply with a mandatory requirement of this chapter shall be guilty of a misdemeanor and, upon conviction, such person shall be punished as set forth in Chapter 1.24 (“General Penalty”) of the South San Francisco Municipal Code.

(Ord. 1646 § 2, 2022)

§ 20.370.001 Purpose.

The purpose of this chapter is to establish comprehensive requirements and standards for the development, siting, installation, and operation of wireless communications antennas and related facilities. These regulations are intended to protect and promote public safety, community welfare, and the aesthetic quality of the City consistent with the goals, objectives, and policies of the General Plan while providing for managed development of wireless telecommunications infrastructure in accordance with the Federal Telecommunications Act of 1996 and related requirements in State law. The specific objectives of this chapter are to:

Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and nonresidential areas consistent with the adopted General Plan and other City-adopted plans and in compliance with applicable State and Federal legislation;

Minimize the number of antenna structures in the City by promoting co-location and encouraging microcell facilities as a less intrusive alternative;

Preserve the residential character of the City’s neighborhoods by discouraging the location of wireless telecommunications antennas and related facilities in residential districts, unless approval is necessary to comply with applicable Federal and/or State law, because wireless communications facilities are a commercial use that is separate from and rarely accessory to the uses that are permitted in residential districts;

Establish a process for obtaining necessary wireless communications facilities permits that provides greater certainty to both applicants and the public and improves the ability of telecommunications providers to provide services quickly, effectively, and efficiently while ensuring compliance with all applicable requirements;

Support the use of wireless services to enhance personal and public health and safety and the general welfare of persons living, working, and visiting in the City; and

Require wireless communications providers to use the best available design and technology to eliminate all adverse visual impacts of the towers and antennas and provide opportunities for further reduction in potential aesthetic and environmental impacts as changes in technology occur.

(Ord. 1432 § 2, 2010; Ord. 1457 §2, 2012)

§ 20.370.002 Applicability.

The regulations in this chapter apply to all antennas and wireless communications facilities with the following exceptions:

Direct broadcast, multipoint distribution services, and television broadcast antennas that are one meter or less in diameter or diagonal measurement are allowed if not located in the area between the front of a building and the front property line, in a required side yard or required rear yard, in any street side yard, or in any parking or loading area;

Satellite earth station antennas located in a residential zoning district that are one meter or less in diameter or in diagonal measurement are allowed if they meet the following requirements:

Maximum of 10 feet in height if sited in the area between the front of a primary building and the front property, in any street side yard, or in any required side or rear yard;

Not located in any parking or loading area; and

No more than one antenna on the lot shall exceed 30 feet in height.

Satellite earth station antennas located in a non-residential zoning district that are two meters or less in diameter or in diagonal measurement are allowed if they meet the following requirements:

Do not exceed the maximum height permitted in the district if sited between the front of a primary building and the front property line, in any street side yard, in any required side yard or rear yard;

Not located or in any parking or loading area; and

Do not require removal of landscaping maintained as a condition of project approval unless a modification is approved.

Amateur radio antennas or structures that are owned and operated by a federally-licensed amateur radio station operator who resides on the same property, are allowed if they meet the following requirements:

Not located in the area between the front of a building and the front property line, in a required side yard or required rear yard, in any street side yard, or in any parking or loading area;

Do not exceed 40 feet in height when fully extended unless a Minor Use Permit was approved to allow a greater height; and

No more than one antenna on the same lot shall exceed 30 feet in height.

Any tower or antenna that was lawfully constructed prior to the effective date of the ordinance codified in this chapter shall not be required to meet the requirements of this chapter unless there has been a cessation of operations pursuant to Section 20.370.007 ("Cessation of Operation"). These towers and antennas shall be referred to in this chapter as “preexisting” towers or antennas and are allowed to continue as they presently exist, but will be considered lawful nonconforming legal uses pursuant to Chapter 20.320 ("Nonconforming Uses, Structures, and Lots"). Maintenance and repairs to existing towers and antennas are permitted if they do not enlarge or extend the tower structure or equipment enclosures or change the number, type, dimensions, power rating, or frequency range of the antenna or antennas. New facilities and all other alterations, modifications, and additions shall comply with the requirements of this chapter.

Antennas and equipment cabinets or rooms that are completely located inside of existing structures and whose purpose is to enhance communications within the structures. The structure or building that encloses the antennas or equipment cabinets shall comply with all applicable requirements of this chapter.

Any antenna or wireless communications facility that has been established pursuant to a permit issued by the California Public Utilities Commission (PUC) or the Federal Communications Commission (FCC) when such permit or the FCC rules and regulations specifically provide that the antenna or wireless communication facility is exempt from local regulation.

Any antenna or wireless communications facility used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., County 911 emergency services, police or fire departments, first responder medical services, hospitals, etc.) and that complies with the definition of a stealth facility.

(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012); Ord. 1656, 6/12/2024

§ 20.370.003 General Guidelines and Requirements.

State or Federal Requirements. All towers and antennas are required to meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

Building Codes and Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with zoning district development regulations, including, but not limited to, setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.

Design and Location Preferences. The preferred approaches for design and siting of new antennas and new and existing antenna support structures are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider’s service objectives.

Design Preferences.

Building-or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.

Building-or structure-mounted antennas set back from roof edge and not visible from the public right-of-way or from surrounding properties.

On existing communication towers, existing signal, light or similar kinds of permanent poles not supplying electric, telephone or similar service and not in the public right-of-way, or utility facilities not subject to the City’s franchise agreements.

Nonbuilding- or structure-mounted alternative tower structures.

Location Preferences.

In a non-residential district and co-located with existing wireless telecommunication facilities that conform to the requirements of this chapter.

In a non-residential district and located more than 600 feet from a residential district.

On non-residential structures in residential and mixed-use districts and located more than 600 feet from a residential structure.

In any non-residential district and located less than 600 feet from a residential district.

Co-Located Facilities. A wireless communications facility proposed to be co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 is not subject to discretionary review if an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless communications co-location facility in compliance with the California Environmental Quality Act and the co-location facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration. In addition to the foregoing, any application relating to a wireless communications facility will be processed in a manner consistent with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, and any other applicable Federal and State laws.

(Ord. 1432 § 2, 2010; Ord. 1445 § 2, 2011; Ord. 1457 § 2, 2012; Ord. 1585 § 2, 2019; Ord. 1656, 6/12/2024)

§ 20.370.004 Application Requirements.

In addition to meeting the standard application requirements in Chapter 20.450 (“Common Procedures”), applications for wireless communications facilities shall include the following information:

Map and Inventory of Existing Sites. Each applicant for an antenna or tower shall provide to the Planning Division an inventory of the service provider’s existing and planned facilities that are either within the jurisdiction of the City or within one-quarter mile of the City’s border, including a map showing the location of the provider’s existing facilities that serve customers in South San Francisco and the specific site that is the subject of the application. The inventory shall include specific information about the location, height, power rating, frequency range, and design of each facility or tower structure. The Planning Division may share such information with other applicants applying for administrative approvals or Use Permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the City; provided, however, that the planning division is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Compliance Verification.

Copies of, or a sworn statement by an authorized representative that applicant holds, all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the Federal or State government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.

Documentation of, or a sworn statement by an authorized representative that applicant is in, compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

Description of Proposed Facility.

A site plan, plans, and elevations drawn to scale that identifies all antennas by type (e.g. microcell; ground-, building-, or roof-mounted, etc.) and all related equipment. Elevations shall include all structures on which facilities are proposed to be located.

A description of the proposed approach for screening or camouflaging all facilities from public view including plans for installation and maintenance of landscaping, sample exterior materials and colors, and an explanation of the measures by which the proposed facility will be camouflaged or rendered not readily visible. If any part of the proposed facility would be readily visible, the application shall include an explanation as to why it cannot be rendered not readily visible. Any representation that the use of state of the art design techniques and technology is not feasible shall be supported by technical and financial analysis.

When an applicant proposes a lower ranked design approach and location according to the preferences in Section 20.370.003(D) (“Design and Location Preferences”), the application must include technical and financial information demonstrating that a higher ranked option is not technically and/or financially feasible in light of the provider’s service objectives. An applicant may not bypass a higher ranked location preference by stating the site proposed is the only site available for lease or selected. If requests by the applicant to utilize alternate sites have been denied, said denials shall be provided in writing and included in the application materials.

If any part of the facility will be readily visible from the public right-of-way or from other properties, a visual impact analysis of the proposed facility including scaled and dimensioned elevation diagrams within the context of the building or buildings on and adjacent to the site of the facility, before and after photo simulations, and a map depicting where the photos were taken. The Chief Planner may require the submission of photo overlays, scaled models, renderings, or mockups to document the effectiveness of techniques proposed to minimize visibility of the facility.

If a ground-mounted or freestanding tower is proposed, the application must include an explanation as to why co-location or other facility types are not a feasible means of meeting the provider’s service objectives.

Peer Review. The application shall include sufficient information for an approved radio frequency engineer or licensed electrical engineer specializing in electromagnetic fields (EMF) or radiofrequency radiation (RFR) studies (hereinafter, “an approved engineer”) retained by the City to peer review the information provided in response to subsections B and C above.

The application shall also include an agreement to pay the reasonable actual cost and a reasonable administrative fee for hiring an approved engineer to provide peer review.

Any proprietary information disclosed to the City or its engineer in confidence is not intended to be included in the public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant unless such disclosure is required by law. The City and/or its engineer shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final. Notwithstanding this provision, information provided to the City may be subject to public disclosure under State law.

Financial Assurances. Prior to obtaining a building permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.

Other Information. Any other information the Chief Planner deems necessary to process the application in compliance with the requirements of this chapter. This may include, but is not limited to, information concerning noise that might be generated by equipment associated with a wireless telecommunication facility, such as emergency generators or air conditioning equipment, if the physical circumstances of the proposed facility suggest that such noise may be detrimental or that the proposed equipment specification suggests that the requirements of Chapter 8.32 (“Noise Regulations”) of the South San Francisco Municipal Code would not be achieved.

(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)

§ 20.370.005 Location, Design, and Operation Requirements.

The following requirements apply to all wireless communications facilities that are not exempt from regulation under this chapter unless the decision-making authority approves a waiver or modification as provided for in Chapter 20.510 (“Waivers and Modifications”).

Location of Facilities.

No new facility shall be sited on or above a ridgeline or on any other location that is readily visible from a public park.

No new freestanding antenna structure, including towers, lattice towers, and monopoles, shall be located within 1,000 feet of another freestanding facility unless mounting on a building or co-location on an existing pole or tower is not feasible and techniques have been used to camouflage, screen, or otherwise minimize the visual impact of the facility to the extent feasible.

Ground-mounted antennas that are located on undeveloped sites shall be converted to building- or structure-mounted antennas with the development of the site when technically feasible.

Height of Facilities. The height limitations for each zoning district applicable to buildings and structures shall apply to all towers and antennas that are not exempt from regulation except as provided in this chapter. The height of a telecommunications tower shall be measured from the ground elevation at the base of the support structure to the highest point of the structure including all antennas and appurtenances. The height of building-mounted antennas shall include the height of that portion of the building on which the antenna is mounted. In the case of “crank-up” or similar towers whose height is adjustable, the height of the tower shall be the maximum height to which it is capable of being raised.

Roof-mounted antennas affixed to an existing or proposed tower or pole may extend or project up to 10 feet above the height limit of the district.

Roof-mounted or façade-mounted antennas proposed on an existing building, tower, or pole that is legal nonconforming in terms of height shall not extend or project more than 15 feet above the existing height of the building or structure.

Antenna equipment shelter facilities shall be no taller than one story or 15 feet in height and shall be treated to look like a building or facility typically found in the area.

Setbacks and Separation. The following setback and separation requirements shall apply to all towers and antennas that are not exempt from regulation under this chapter. For the purposes of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless telecommunication facility to the nearest point of another major wireless telecommunication facility. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City irrespective of municipal and County jurisdictional boundaries.

Towers must be set back a distance equal to three times the height of the tower from any off-site residential structure.

Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.

In other than non-residential districts, a tower more than 65 feet in height shall not be located within one-quarter of a mile from any other tower that is more than 65 feet in height.

Roof-mounted antennas, exclusive of satellite dish antennas, shall maintain a 1:1 ratio for equipment setback (example: 10-foot high antenna requires 10-foot setback from façade) unless an alternative placement or design would reduce visual impact; antennas shall be treated or screened to match existing air conditioning units, stairs, elevator towers or other background; and placing roof-mounted antennas in direct line with significant view corridors shall be avoided.

Aesthetics. Antenna and tower facilities shall be located, designed and screened to blend with the existing natural or built surroundings and existing supporting structures.

Painted to Match Support Structures. An antenna that is affixed to an existing structure that is not considered a component of the attached antenna shall be painted and/or textured to match the existing support structure.

Non-Reflective Materials. Antenna and tower support facilities (i.e., vaults, equipment rooms, utilities and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only) and shall be screened from view by using landscaping, or materials and colors consistent with surrounding backdrop, or placed underground to the extent possible.

Equipment Shelter Facilities—Minimize Visual Impacts. Antenna equipment shelter facilities in areas of high visibility shall, where possible, be designed to minimize their profile (i.e., placed underground, depressed, or located behind earth berms).

Painting of Facilities. All buildings, poles, towers, antenna supports, antenna and other components of each antenna and tower facility site shall be initially painted and thereafter repainted as necessary so that paint gloss value does not exceed the existing structure. The color selected shall be one that in the determination of the Chief Planner or Planning Commission, as appropriate, will minimize their visibility to the greatest extent feasible. To this end, improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

Architecturally Significant Structures. Antennas mounted on architecturally significant structures or significant architectural details of the building shall be covered by appropriate casings, which are designed and fabricated to match existing architectural features on the building.

Special Design Requirements. The decision-making authority may require special design features for the antenna facilities in order to ensure that the facility is not visually incompatible with nearby structures that are historically significant or contribute to the architectural character of the surrounding area and does not interfere with views or other community-defining features.

Lighting. Poles, towers and antenna supports shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the decision-making authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

Scale/Architectural Integration. Building mounted antennas and any ancillary equipment should be in scale and architecturally integrated with the building design in such a manner as to be visually unobtrusive.

Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the decision-making authority may waive such requirements, based on a determination that the location, design, or other specific attributes of the installation are sufficient to protect public health and safety. Unless mandated by Federal or State regulations, the use of barbed wire, razor wire, electrified fence, or any other type of hazardous fence as a security precaution is not allowed.

Alternative Tower Structure.

Landscaping. Towers and equipment facilities shall be landscaped with a buffer of plant materials that effectively screens views of the towers and equipment facilities from adjacent residential property or from any public right-of-way, path or trail.

The standard buffer shall consist of a continuous landscaped strip that is a minimum depth of four feet outside the perimeter of the compound.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.

All landscaping shall be installed with an irrigation system equipped with an automatic timer.

Street trees and other landscaping may be required for telecommunications facilities proposed on parcels lacking street frontage landscaping.

Landscaping must include re-vegetation of any cut or fill slopes.

Guy wires or support structures shall not be allowed; monopoles shall be self-supporting structures.

Operation and Maintenance Standards. All wireless communications facilities shall at all times comply with the following operation and maintenance standards. Failure to comply shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of this chapter.

Each owner or operator of a facility shall install signage listing the name and phone number of a party to contact in event of an emergency. The design, materials, colors, and location of signs shall be subject to design review. Contact information shall be kept current.

Wireless telecommunications facilities and related equipment, including lighting, fences, shields, cabinets, and poles, shall be maintained in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of notification by the City.

The owner or operator of a facility shall be responsible for maintaining landscaping in accordance with the approved landscape plan and for replacing any damaged or dead trees, foliage, or other landscaping elements shown on the approved plan. Amendments or modifications to the landscape plan shall be submitted to the Chief Planner for approval.

Each facility shall be operated in a manner that will minimize noise impacts to surrounding residents and persons using nearby parks, trails, and similar recreation areas.

Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays.

All air conditioning units and any other equipment that may emit noise that would be audible from beyond the property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter 8.32 (“Noise Regulations”) of the South San Francisco Municipal Code.

Backup generators shall only be operated during periods of power outages or for testing. At no time shall equipment noise from any source exceed the standards specified in the South San Francisco Noise Ordinance.

Vehicle and personnel access to sites for maintenance and repairs shall not be from residential streets or adjacent residential properties to the maximum extent possible.

To protect emergency response personnel, each facility shall have an on-site emergency “kill switch” to de-energize all radio frequency circuits and components on the site. For co-location facilities, a single “kill switch” shall be installed that will de-energize all carriers at the facility in the event of an emergency.

(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)

§ 20.370.006 Review and Approval Procedures.

The following wireless communications facilities are permitted by right. All other facilities that are not exempt from regulation require approval of a Minor Use Permit or a Use Permit pursuant to this section:

Any wireless communications facility that complies with Section 20.370.003(D)(1)(a) and (D)(2)(a) of the design and location preferences and all the standards in Section 20.370.005 (“Location, Design, and Operation Requirements”) or is located completely within a building in any non-residential or civic district;

Any wireless communications facility on property owned or leased by the City and that complies with all of the standards in Section 20.370.005 ("Location, Design, and Operation Requirements");

Any facility that is co-located on a facility that was subject to a discretionary permit issued on or after January 1, 2007 and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications co-location facility in compliance with the California Environmental Quality Act and the co-location facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration. In addition to the foregoing, any application relating to a wireless communications facility will be processed in a manner consistent with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, and any other applicable Federal and State laws.

The Chief Planner may approve a Minor Use Permit for:

Any wireless communications facility that complies with Section 20.370.003(D)(1)(b) or (c) and 20.370.003(D)(2)(b) of the design and location preferences and all of the standards in Section 20.370.005 (“Location, Design, and Operation Requirements”);

Microcell facilities on non-residential properties in any zoning district;

Distributed antenna systems in non-residential zoning districts; and

Modifications to existing sites in non-residential zoning districts that are not consistent with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, and any other applicable Federal and State laws.

The Planning Commission may approve a Use Permit for:

Any wireless communications facility that complies with Section 20.370.003(D)(1)(d) and 20.370.003(D)(2)(c) or (d) of the design and location preferences and all of the standards in Section 20.370.005 (“Location, Design, and Operation Requirements”);

Any wireless telecommunications facility that is not a permitted use and exceeds the thresholds for a Minor Use Permit.

Findings Required. In addition to any other findings that this chapter requires, in order to approve any Minor Use Permit or Use Permit for a facility subject to regulation by this chapter, the Chief Planner or the Planning Commission, must find, based on substantial information in the record including, where required, technical analysis by an approved radio frequency engineer, calculations by a State-licensed structural engineer, or other evidence, that:

The proposed project is consistent with the general requirements of this chapter and any specific requirements applicable to the proposed facility;

The proposed antenna or related facility, operating alone and in conjunction with other telecommunications facilities, will comply with all applicable State and Federal standards and requirements; and either:

Will not be readily visible, or

Will be readily visible, but it is not feasible to incorporate additional measures that would make the facility not readily visible;

The facility, if it is not a microcell or co-located, is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant’s service area, and is the least intrusive feasible means of doing so;

If the proposed facility is a satellite dish or parabolic antenna exceeding 39 inches in diameter, that a smaller or different antenna cannot feasibly accomplish the provider’s technical objectives and that the facility will not be readily visible;

If a new tower is proposed or the applicant proposes to extend the height of an existing tower, that no existing tower or structure can accommodate the applicant’s proposed antenna;

If a waiver or modification of height, separation, setback, landscaping or other requirements of Chapter 20.510 (“Waivers and Modifications”), that the proposed modification is consistent with the purposes of this chapter and will be the least intrusive feasible means of meeting the service provider’s objectives;

If the proposed facility will be located in any residential district, that such location is necessary for the provision or personal wireless services to South San Francisco residents and businesses, or their owners, customers, guests, or invitees, or other persons traveling in or about the City based on substantial evidence that locating the facility outside of a residential district is infeasible and without the proposed facility, the operator will be unable to provide personal wireless services to its customers in the proposed coverage area;

The City Council may waive or modify requirements of this chapter upon advice of the City Attorney that denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of State or Federal law. The applicant shall have the burden of proving that the denial would result in such a violation.

Factors to Be Considered in Granting Use Permits. The Chief Planner or Planning Commission shall consider the following factors, as appropriate, in determining whether to issue a Use Permit:

Height of the proposed tower;

Proximity of the tower to residential structures, residential district boundaries or historic structures;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower and antenna, with particular reference to design characteristics that have the effect of eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers and other structures.

(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)

§ 20.370.007 Cessation of Operations.

The service provider shall notify the Chief Planner of the intent to vacate a site at least 30 days prior to the vacation. The permit for any antenna or tower that is not operated for a continuous period of 12 months shall be deemed lapsed and the site will be considered abandoned unless:

The Chief Planner has determined that the same operator resumed operation within six months of the notice; or

The City has received an application to transfer the permit to another service provider.

No later than 90 days from the date the use is discontinued or the provider has notified the Chief Planner of the intent to vacate the site, the owner of the abandoned antenna or tower or the owner of the property on which the facilities are sited shall remove all equipment and improvements associated with the use and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Chief Planner. The provider or owner may use any bond or other assurances provided by the operator pursuant to the requirements of Section 20.370.004(E) (“Financial Assurances”) to do so. The owner or agent shall provide written verification of the removal of the wireless communications facility within 30 days of the date the removal is completed.

If the antenna or tower is not removed within 30 days after the permit has lapsed under subsection A above, the site shall be deemed to be a nuisance pursuant to Section 20.580.003 (“Nuisance Defined”) and Chief Planner may cause the antenna or tower to be removed at the owners’ expense or by calling any bond or other financial assurance to pay for removal. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for wireless communication facilities.

(Ord. 1432 §2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)

§ 20.370.008 Definitions.

Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings:

Artificial trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna.

Any system of poles, panels, rods, reflecting discs, wires or similar devices used for the transmission or reception of electromagnetic signals, including, but not limited to, radio waves and microwaves. An antenna does not include the support structure the antenna(s) is mounted upon.

Antenna, Amateur Radio. A ground-, building-, or tower-mounted antenna operated by a Federally licensed amateur radio operator as part of the Amateur Radio Service and as designated by the Federal Communications Commission (FCC).

Antenna, Building- or Structure-Mounted. An antenna mounted to a building, rooftop equipment screen, or structure that transmits or receives electromagnetic signals.

Antenna, Direct Broadcast Satellite Service (DBS). An antenna, usually a small home receiving dish, designed to receive direct broadcast from a satellite.

Antenna, Ground-Mounted. Any antenna which is not mounted on a pole, a structure, or the roof or wall of a building.

Antenna, Multipoint Distribution Services (MDS). An antenna designed to receive video programming services via multipoint distribution services, including multipoint, multichannel distribution services, instructional television fixed services, and local multipoint distribution services.

Antenna, Reception Window. The area within the direct line between a satellite antenna and orbiting communications satellites transmitting signals.

Antenna, Roof-Mounted. An antenna directly attached or affixed to the roof of an existing structure which transmits or receives electromagnetic signals.

Antenna, Satellite. Any antenna used to receive and/or transmit radio or television signals from orbiting communications satellites.

Antenna, Satellite Earth Station. An antenna designed to receive and/or transmit radio frequency signals directly to and/or from a satellite.

Applicant/Project Sponsor.

Antenna, Television Broadcast Service (TVBS). An antenna designed to receive only television broadcast signals.

Antenna Structure.

An antenna array and its associated support structure, such as a mast or tower (not including a suspended simple wire antenna), that is used for the purpose of transmitting and/or receiving electromagnetic signals, including, but not limited to, radio waves and microwaves.

Antenna Structure, Freestanding. An antenna structure or mast that is not attached to any part of a building, fence, or other such structure. Freestanding antenna structures include communications towers, wooden utility poles, and concrete and steel monopoles. If the total height of the structure, including the antenna, is at least 17 feet high, it shall be treated as a monopole.

Antenna Structure, Monopole. An antenna structure, often tubular in shape, usually made of metal, reinforced concrete, or wood which is at least 17 feet in height. A monopole may also be an alternative antenna structure that is designed to replicate a tree or other natural feature.

The owner(s) of property or leaseholder or representative (and, where applicable, easements) upon which antennas or wireless communications facilities are proposed to be located.

Co-Location.

The location of two or more wireless communications facilities owned or used by more than one public or private entity on a single support structure or otherwise sharing a common location. Co-location shall also include the location of wireless communications facilities with other facilities such as buildings, water tanks, light standards, and other utility facilities and structures.

Distributed Antenna System.

A system of small antennas installed on existing infrastructure such as telephone poles and streetlights throughout an area, which are interconnected by fiber optic cable to a central hub location, and are generally designed to support multiple wireless carriers.

Equipment Cabinet or Enclosure.

A cabinet or structure used to house equipment associated with a wireless communications facility.

Feasible.

Feasible means in light of technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals under this chapter and the California Building Code, as well as the common meaning of the term.

Microcell Facility.

A wireless communication facility serving a single carrier and consisting of an antenna no larger than four feet in height or, if tubular, no more than six feet long and four inches in diameter comprised of a networked set of antennas that are connected with each other and to a wireless service source, such that one or more high-power antennas that serve a given area are replaced by a group of lower-power antennas to serve the same geographic area.

Readily Visible.

An object that can be identified as a wireless telecommunications facility when viewed with the naked eye.

Related Equipment.

All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit, and connectors.

Service Provider.

Any authorized provider of wireless communications services.

Stealth Facility.

Any commercial wireless communications facility that is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing landscape or environment rather than identifiable as a wireless communications facility.

Tower.

Any structure that is designed or constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Wireless Communications Facility.

Personal wireless service facilities as defined by the Federal Telecommunications Act of 1996 including, but not limited to, facilities that transmit and/or receives electromagnetic signals for cellular radio telephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities include antennas, microwave dishes, parabolic antennas, and all other types of equipment used in the transmission or reception of such signals; telecommunication towers or similar structures supporting said equipment; associated equipment cabinets and/or buildings; and all other accessory development used for the provision of personal wireless services. These facilities do not include radio towers, television towers, and government-operated public safety networks.

(Ord. 1432 § 2, 2010; Ord. 1457 § 2, 2012; Ord. 1656, 6/12/2024)

§ 20.375.001 Purpose.

The purpose of this chapter is to establish comprehensive requirements and standards for the development, siting, installation, and operation of small cell wireless communications facilities and ancillary support infrastructure. These regulations are intended to protect and promote public safety, community welfare, and the aesthetic quality of the City consistent with the goals, objectives, and policies of the General Plan while providing for well-managed development of small cell wireless telecommunications in accordance with the Federal Telecommunications Act of 1996, Section 263 of Title 47 United States Code of Law, Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 and California law. The specific objectives of this chapter include, but are not limited to, the following:

Minimize the number of small cell wireless facilities in the City by encouraging the location of small cell facilities as a less intrusive alternative, including, but not limited to, co-location, where feasible;

Provide the opportunity for wireless quality of service to all persons and visitors in the City by permitting well-designed small cell wireless facilities compliant with FCC health and safety regulations located in the public rights-of-way in any zone or in any zone that includes a commercial or industrial use;

Improve the ability of telecommunications providers to provide services quickly, safely, effectively, and efficiently while ensuring compliance with all applicable requirements;

Ensure that public safety personnel have adequate cellular coverage;

Support the use of wireless services to enhance personal and public health and safety and the general welfare of persons living, working, and visiting in the City; and

Require wireless communications providers to use the best available design and technology to eliminate all adverse visual impacts of the small cell wireless facilities and ancillary support infrastructure and provide opportunities for further reduction in potential aesthetic and environmental impacts as changes in technology occur.

(Ord. 1546 § 2, 2017)

§ 20.375.002 Definitions.

Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings. For those terms related to wireless communication facilities not defined here, refer to Section 20.370.008.

Ancillary Equipment.

Any wires, cables, meter boxes, cooling devices, cable, conduit and connectors, and any other equipment required to operate and support the operation of Small Cell Wireless Facilities.

Applicant.

The Service Provider(s) of the Small Cell Wireless Facilities that are proposed to be located within the City, or Service Provider(s)’s authorized representative.

Co-Location.

Distributed Antenna System.

Shall have the definition as stated in Section 20.370.008. A system of Small Cell Facilities as defined and regulated by this chapter does not include a Distributed Antenna System.

Equipment Cabinet.

A structure that contains, protects and conceals the Ancillary Equipment. Equipment Cabinet may also include the equipment necessary to allow for the undergrounding of PG&E meters and other Ancillary Equipment related to the functioning of Small Cell Wireless Facilities.

License Area.

Locations in City zones where Small Cell Wireless Facilities are permitted to be installed and operated pursuant to the requirements of this chapter.

Public Right-of-Way.

All public streets and utility easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity’s right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities.

Readily Visible.

An object that can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless communication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials.

Small Cell Wireless Facility.

A Small Cell Wireless Facility means a wireless telecommunications facility, as defined in paragraph (2) of subdivision (d) of Section 65850.6 of the Government Code, as amended, or a wireless facility that uses licensed or unlicensed spectrum and that meets the following requirements:

The structure on which antenna facilities are mounted:

Is 50 feet or less in height, or

Is no more than 10 percent taller than other adjacent structures, or

Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and

Each antenna (excluding associated antenna equipment as defined by 47 C.F.R. § 1.1320(d)) is no more than three cubic feet in volume;

All other wireless equipment associated with the facility are cumulatively no more than 28 cubic feet in volume;

The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17;

The facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x);

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b);

A micro wireless facility, which shall be defined as a small cell that is no larger than 24 inches long, 15 inches in width, 12 inches in height, and that has an exterior antenna, if any, no longer than 11 inches;

For the purposes of this subsection, the following types of Ancillary Equipment are excluded from the calculation of equipment volume:

Electric meters and any required pedestal,

Concealment elements such as a stealth facility,

Any telecommunications demarcation box,

Grounding equipment, power transfer switch,

Cutoff switch,

Vertical cable runs for the connection of power and other services, and

Equipment concealed within an existing building or structure;

For the purposes of this chapter, a Small Cell Wireless Facility does not include the following:

Wireline backhaul facility, which shall mean a facility used for the transport of communications data by wire from wireless facilities to a network,

Coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a particular antenna or collocation,

Wireless facilities placed in any historic district listed in the National Park Service Certified State or Local Historic Districts or in any historical district listed on the California Register of Historical Resources or placed in coastal zones subject to the jurisdiction of the California Coastal Commission,

Underlying vertical infrastructure, which shall mean poles or similar facilities owned or controlled by the City that are in the public rights-of-way or public utility easements and meant for, or used in whole or in part for, communications service, electric service, lighting, traffic control, or similar functions.

Stealth Facility.

(Ord. 1546 § 2, 2017; Ord. 1585 § 2, 2019)

§ 20.375.003 Permitted Facilities and License Areas.

Permitted Facilities. Subject to compliance with all applicable provisions of this chapter, Small Cell Wireless Facilities shall, pursuant to a Small Cell Attachment Permit, be permitted in License Areas, which are designated as follows:

On existing structures within the public right-of-way in all zoning districts.

On existing structures located outside of the public right-of-way in any zone that includes a commercial or industrial use.

On new structures within the public right-of-way in all zoning districts, or outside of the public right-of-way in any zone that includes a commercial or industrial use, subject to the requirements of this chapter.

Permitted Locations. Subject to compliance with all applicable provisions of this chapter, the Permitted Locations for Small Cell Wireless Facilities within License Areas are as follows:

Small Cell Wireless Facilities in the public right-of-way in all zoning districts shall be located in accordance with the following Design and Location Preferences. The preferred approaches for design and siting of new Small Cell Wireless Facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include documentation demonstrating that a higher ranked option is not feasible in light of the provider’s service objectives.

Existing light poles.

All other utility poles.

Utility cabinets.

Any other existing pole, or an existing structure in the public right-of-way that are Readily Visible.

For the purposes of this subsection, documentation provided by the Applicant that locating Small Cell Wireless Facilities on a higher ranked option would result in all of the wireless telecommunications facilities being limited to sites owned by one particular party within the City is sufficient to demonstrate that a higher ranked option is not feasible.

Small Cell Wireless Facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall be located in accordance with the following Design and Location Preferences. The preferred approaches for design and siting of new Small Cell Wireless Facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include documentation demonstrating that a higher ranked option is not feasible in light of the provider’s service objectives.

Design Preferences.

Building- or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.

Building- or structure-mounted antennas set back from roof edge and not visible from the public right-of-way or from surrounding properties.

Nonbuilding- or structure-mounted alternative tower structures.

Location Preferences.

In any Nonresidential district and co-located with existing conforming facilities.

In any Nonresidential district and located more than 600 feet from a Residential district.

On Nonresidential structures in Residential districts and located more than 600 feet from a Residential Structure.

“Affordable housing agreement”

In any Nonresidential district and located less than 600 feet from a Residential district.

Co-Locating with Existing Wireless Communication Facilities. Co-location of Small Cell Wireless Facilities with existing Wireless Communication Facilities within Permitted Locations is permitted, subject to design and co-location standards as set forth in this chapter.

Permits Required. Applicants shall obtain the following permits prior to installing, constructing, maintaining, operating, removing or performing work related to a Small Cell Wireless Facility.

Small Cell Attachment Permit. All Small Cell Wireless Facilities must obtain a Small Cell Attachment Permit for each Small Cell Wireless Facility by submitting an application and obtaining approval pursuant to the requirements of this chapter.

Encroachment Permit. An Applicant seeking to install, construct, operate, or perform work related to Small Cell Wireless Facilities in the public right-of-way shall obtain a revocable encroachment permit prior to commencing work. Applications for a right-of-way encroachment permit shall be submitted to the Engineering Division of the Department of Public Works, after compliance with the application requirements identified in Section 20.375.006.

The obligations of an encroachment permit shall run until Applicant applies for a demolition permit to quit and cease operation. The City retains the right to inspect said facilities to ensure all conditions of the permit are met. The encroachment permit obtained pursuant to this subsection shall continue unless otherwise revoked pursuant to Section 13.04.080 of the Municipal Code. A performance review may be conducted annually consisting of annual inspections to assure the facility is properly maintained and operated. Applicant must timely provide the City with updated information including, but not limited to, changes in insurance and equipment to update the encroachment permit reflecting those changes.

Building Permit. An Applicant seeking to install, construct, or perform work related to Small Cell Wireless Facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall obtain a building permit after complying with the application and permitting requirements stated in this chapter.

Minor Use Permit. An Applicant that seeks a waiver or modification from the requirements for a Small Cell Attachment Permit as set forth in this chapter, including, but not limited to, design review and stealth facility standards, may request such a waiver or modification in writing to the Chief Planner by applying for a Minor Use Permit. If, after review of the request submitted through a Minor Use Permit application, the Chief Planner determines that the purposes of this chapter can be satisfied while granting the Applicant’s request for waiver or modification, the Chief Planner shall approve the request subject to issuance of a Minor Use Permit. Issuance of a Minor Use Permit under this subsection may include reasonable conditions to ensure purposes of this chapter are met. Issuance of a Minor Use Permit under this subsection does not relieve the Applicant of the obligation to obtain an encroachment permit or a building permit in accordance with the requirements of this section prior to commencing work.

Exempt Facilities.

Small Cell Wireless Facilities owned and operated by a governmental agency and utilized for governmental function are exempt from the permit requirements of this chapter, provided that they conform to the operational standards of Section 20.375.004 of this chapter.

The installation, placement, maintenance, or replacement of micro wireless facilities that are suspended, whether embedded or attached, on communication cables strung between utility poles in compliance with state safety codes are exempt from the permitting requirements of this chapter.

(Ord. 1546 § 2, 2017)

§ 20.375.004 Standard Requirements.

State or Federal Requirements. Small Cell Wireless Facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the authority to regulate Small Cell Wireless Facilities. If such standards and regulations are changed, then the operators of the Small Cell Wireless Facilities governed by this chapter shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of City permit and require removal of the small cell facility at the service provider’s expense. This section shall not be construed as a basis to deny eligible facilities request made pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.

Building Codes and Safety Standards. The Applicant shall ensure the structural integrity of its Small Cell Wireless Facilities installed within the City, and shall ensure that the facilities are maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the City determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the Applicant of the facility, the Applicant shall have 15 days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of City permit and required removal of the small cell facility at the owner’s expense.

Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted Small Cell Wireless Facilities comply with FCC Standards.

Operation and Maintenance Standards. All Small Cell Wireless Facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this chapter.

Except as provided in subsection (D)(2), an Applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.

Every permitted facility shall contain a signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and promptly be provided to the City.

Each permitted facility and any ancillary equipment shall be in maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than 48 hours from the time of receipt of City notice.

Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with Title 8, Chapter 8.32 entitled “Noise Regulations” of the Municipal Code, and Chapter 9 of the General Plan entitled “Noise.”

In residential areas, except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.

All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter 8.32 (“Noise Regulations”) of the South San Francisco Municipal Code.

Each facility shall install the following security measures:

An on-site emergency “kill switch” to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single “kill switch” shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.

Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards, described in Section 20.375.005, and nuisance regulations, and must not interfere with City emergency services or transmission.

Any facility located within the right-of-way shall be relocated at Applicant’s sole cost, upon demand by City with reasonable notice, to allow for public projects, services or improvements.

Applicant shall, at its sole cost, be responsible for repairing to City standard specifications or replacing in-kind any City facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of Applicant’s Small Cell Wireless Facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to, the following:

Curb, gutter, sidewalk, storm drains, and pavements;

Landscaping; and

Structures, buildings, light poles and fixtures.

Electrical Metering and Structural Standards. All Small Cell Wireless Facilities shall comply with the following requirements:

All electrical power required by Small Cell Wireless Facility installation shall be metered independently from any anticipated or existing City projects or facilities.

All existing City-owned street light poles proposed for Small Cell Wireless Facility installations shall be inspected prior to an installation in accordance with the most recent City structural standards for street light poles, including, but not limited to, safety and load bearing capability for the SCWF to be installed, as approved by the City Engineer.

Applicants requesting to install a SCWF on City-owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such City standards, and that the proposed installation would not interfere or harm the structural integrity or standards of the light poles, including, but not limited to, safety and load bearing capability for the SCWF to be installed.

Pursuant to the pre-installation pole inspection as required in subsection (E)(2), and in the event that a pole fails to meet such City structural standards, and in the event that the Applicant wishes to utilize that location, the applicant shall at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the City’s structural standards including safety and load bearing capability so that the pole can safely support the proposed installation. Any existing lighting fixture shall be reinstalled on the new pole at applicant’s cost.

Pursuant to a pre-installation pole inspection as required in subsection (E)(2), and in the event that a pole fails to meet City structural standards, an Applicant may, as an alternative to replacing the existing street light pole at its own cost, request to install a proprietary pole, such that all Small Cell Wireless Facility equipment is located internally within the pole structure. Any proprietary pole installation shall be inspected prior to construction in accordance with the most recent City structural standards for the same or similar type of pole, including, but not limited to, safety and load bearing capability, and shall be suitable for the location and maintain Americans with Disabilities Act (ADA) access requirements. The Applicant will provide documentation satisfactory to the City that the pole to be installed meets all required standards with regards to safety and load bearing capabilities for the Small Cell Wireless Facility hardware to be installed. The existing lighting fixture shall be re-installed on the new pole at the Applicant’s cost.

(Ord. 1546 § 2, 2017)

§ 20.375.005 Permit Requirements.

General Standards. Small Cell Wireless Facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the City. Improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location.

Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for Small Cell Wireless Facilities located in the public right-of-way shall be located on the pole and concealed, stealthed or incorporated into the design of the pole. If location within the stealth equipment is not feasible, the Ancillary Equipment shall be mounted on the pole in compliance with applicable building code requirements and painted to match the pole color. If the prior two locations are infeasible as determined by the City Engineer, the Ancillary Equipment shall be undergrounded. The City Engineer shall determine feasibility based on any competing infrastructure near the Small Cell Wireless Facility, or other safety, hydrological, geologic or other similar conditions that would impede undergrounding.

In the event that attachment on the pole or undergrounding is not feasible as determined by the City Engineer, the ancillary equipment and any supporting infrastructure shall be concealed in a stealth facility, which may include but are not limited to partial undergrounding, landscaping, or decorative treatment of the cabinet. Stealth facility or other concealment measures shall comply with all applicable laws, including, but not limited to, the Americans with Disabilities Act.

Pole Designs. All Small Cell Wireless Facility pole installations shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A Small Cell Wireless Facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.

Non-Reflective Materials. Small Cell Wireless Facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.

Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including, but not limited to, color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.

Security Fencing. Under no circumstances shall security fencing be permitted.

(Ord. 1546 § 2, 2017)

§ 20.375.006 Permit Application Submittal Requirements.

Compliance Required. No applications for Small Cell Wireless Facilities shall be deemed complete under this chapter unless the Applicant has submitted all required application materials and applicable fees, as provided by this section.

Batching Applications. Applicants submitting applications for more than two Small Cell Attachment Permits will be required to batch their applications in order to expedite review and action.

Application Materials. A complete application for Small Cell Attachment Permits shall include the following information:

A completed and signed application and checklist provided by the Planning Department. The application shall be signed by the Applicant or by the Applicant’s authorized agent or representative.

A sworn statement entitled “Compliance Verification” by the Applicant or by the Applicant’s authorized agent or representative, stating that the application holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or State government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.

Documentation of, or a sworn statement by the Applicant or by the Applicant’s authorized agent or representative, stating that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related Small Cell Wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

Proof of Legal Right to Use Property. Applications for Small Cell Wireless Facilities must be accompanied by evidence satisfactory to the City demonstrating the property owner’s consent or other form of proof demonstrating Applicant’s legal right to use the property upon which proposes to attach the Small Cell Wireless Facility. Applicant must demonstrate evidence satisfactory to City for each and every proposed Small Cell Wireless Facility. Failure to demonstrate a legal right to utilize the property upon which a Small Cell Wireless Facility is attached is grounds for permit revocation.

Master License Agreements for City-Owned Structures. Applicants that have entered into a valid Master License Agreement with the City for multiple Small Cell Wireless Facility attachments upon City-owned structures shall be deemed to satisfy the requirements of this subsection C for each Small Cell Wireless Facility subject to the Master License Agreement. Applications for all site locations subject to the Master License Agreement shall be batched and processed together. Small Cell Wireless Facilities subject to the terms of a Master License Agreement shall still obtain an encroachment permit, and are subject to staff-level design review to ensure compliance with any provisions in the Master License Agreements as well as to ensure the best possible design consistent therewith.

Site Plans and Layouts. Applicants shall submit the following information with the application electronically or by hardcopy. Hardcopy submittals shall be provided in triplicate.

Map and Inventory of Proposed Sites. Applicant shall provide a map of the proposed site(s) including photographs of the City-owned light pole(s) as appropriate, where the facility(ies) is/are proposed to be located. Map shall show all land uses within 300 feet of the proposed Small Cell Wireless Facility site(s), shown on the map. Small Cell Wireless Facility sites proposed in residentially zoned and/or used areas shall include a 500-foot radius map.

Photo Simulations of Small Cell Facility and Ancillary Equipment. Applicant shall show the placement of the proposed Small Cell Wireless Facility. The simulation shall show where the Small Cell Wireless Facility is proposed to be placed, where the ancillary equipment (cables, power sources, electricity, and any other items required to operate and support the facility) is proposed to be located and how they will be finished to comply with the requirements of this chapter. The proposed location and treatment of the Small Cell Wireless Facility and any ancillary equipment shall comply with the Aesthetic Requirements in this chapter.

Drawings and Plans. Applicant shall furnish site plan, plans, and elevations drawn to scale that identify the proposed Small Cell Wireless Facility and ancillary equipment placement. Elevations shall include all structures on which facilities are proposed to be located. All proposed structures, including ancillary equipment shall be drawn to scale on the elevations, see below. Emergency signage required as identified in this chapter.

Camouflage and/or Matching Methods. Applicant shall provide both a description of methods proposed to stealth the Small Cell Wireless Facility and all ancillary equipment, and colors and materials specifications.

Identify all Ancillary Equipment. Plans shall identify any and all ancillary equipment required to support the Small Cell Wireless Facility, including, but not limited to, emergency generators, air conditioning equipment, cables, and power sources.

Fee Requirements. An application for Small Cell Wireless Facilities shall be accompanied by the following fee payments:

Right-of-Way Pole Usage Fee. Unless set forth in a Master License Agreement, and in that case, the terms of the Master License Agreement shall govern, Pole usage fee amounts shall be set by the City’s most current Master Fee Schedule as established by City Council resolution.

City Processing Fees. City application and permit processing fees shall be charged pursuant to the City’s Master Fee Schedule in effect at the time the application is filed.

(Ord. 1546 § 2, 2017)

§ 20.375.007 Permit Review, Renewal and Revocation Procedures.

Review and Notice. Applications submitted to the City will be promptly processed and reviewed. Applicants will be promptly notified of incomplete applications, but no later than 30 days after the application has been submitted. After an application has been deemed incomplete, in order to proceed further in the application process, Applicants shall provide such supplemental information to address the incompleteness or insufficiencies identified in the City’s notice.

Following determination of a complete application, the Applicant shall mail “Notice of Proposed Action to Approve a Small Cell Wireless Facility” to addresses within 300 feet of the proposed site(s) in all zoning districts except residential. Notices in residential districts shall include a 500-foot radius for notification. The Applicant shall also schedule a neighborhood outreach meeting involving residents and businesses within the radius area as described in this subsection within two weeks of submittal of an application. Following the meeting, the Applicant shall submit any transcripts, minutes and/or videos of the outreach meeting to the City.

Applications shall be reviewed by the City Engineer, Chief Planner, and Chief Building Official for sufficiency and compliance with this chapter. The Chief Planner shall make a preliminary determination on the Application and submit for concurrence by the City Manager or designee. Following review by City Manager or designee, the Chief Planner shall approve or deny an application in accordance with the requirements of this section.

Pre-Submittal Actions. To ensure complete submissions, Applicant(s) for Small Cell Wireless Facilities are encouraged to complete the following tasks prior to City staff conducting its application review process:

Participate in an pre-submittal meeting with City staff.

Submit a completed and signed “Application Checklist.”

Pay fees in the applicable amount identified pursuant to this chapter and discussed at the pre-application meeting.

Provide all required materials pursuant to Section 20.375.006 of this chapter.

Financial Assurances. Prior to obtaining a permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.

Permit Approval and Issuance. All Small Cell Wireless Facilities not otherwise exempt from regulation from this chapter shall be issued a Small Cell Attachment Permit, an encroachment permit and building permit by City, provided that all applicable permit, application, location, construction, operation, maintenance, repair, and design requirements as stated in this chapter have been met.

Modification of Requirements. The City Council may waive or modify requirements of this chapter upon advice of the City Attorney that denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of State or Federal law. The applicant shall have the burden of proving that the denial would result in such a violation.

(Ord. 1546 § 2, 2017)

§ 20.375.008 Cessation of Operations.

Voluntary Cessation. Applicants intending to vacate a Small Cell Wireless Facility site shall notify the Chief Planner of this intent to vacate at least 30 days prior to the vacation.

Abandonment. A permit for a Small Cell Wireless Facility that is not operated for a continuous period of 12 months shall be deemed lapsed and the site will be considered abandoned unless:

The Chief Planner has determined that the same operator resumed operation within six months of the notice; or

The City has received an application to transfer the permit to another service provider.

Removal of Facilities and Restoration of Site. No later than 120 days from the date a Small Cell Wireless Facility is has ceased operation, or from the date of receipt of the Applicant’s notice of its intent to vacate the site, the Applicant or its authorized agent of the abandoned Small Cell Wireless Facility shall remove all equipment and improvements associated with the use, and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Chief Planner.

The Applicant or its authorized agent may use any bond or other assurances provided pursuant to the requirements of Section 20.375.007(C) (“Financial Assurances”) to fulfill the requirements of this subsection.

The owner or agent shall provide written verification of the removal of the Small Cell Wireless Facility within 30 days of the date the removal is completed.

Failure to Remove and Restore. A Small Cell Wireless Facility that is not removed and the site has not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance pursuant to Section 20.580.003 of the Municipal Code. The Chief Planner may cause the facility to be removed at the owners’ expense or by calling any bond or other financial assurance to pay for removal.

For a single structure occupied by two or more users, this subsection shall not become effective until all users cease on the structure.

The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for Small Cell Wireless Facilities.

(Ord. 1546 § 2, 2017)

§ 20.375.009 Appeals.

Any appeals of a staff decision under this chapter may be appealed to the City Manager, or designee. An appeal shall be submitted in writing to the City Clerk. The appeal shall be accompanied by the fee specified in the City’s master fee schedule. Any appeal under this section shall be considered in a manner consistent with the Middle Class Tax Relief and Job Creation Act of 2012, related Federal Communications Commission (FCC) “shot clock” regulations, and applicable State law permit streamlining requirements.

(Ord. 1546 § 2, 2017)

§ 20.375.010 Violations and Penalties.

Failure to comply with these standards shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of Title 20. All violations and penalties shall be enforced pursuant to the procedure set forth in Chapter 20.580 of the Municipal Code.

(Ord. 1546 § 2, 2017)

§ 20.380.001 Purpose and Intent.

The purpose and intent of this chapter is as follows:

On April 8, 2015 the City Council of the City of South San Francisco (“City”) adopted its 2015-2023 Housing Element to the City General Plan. As established by the Housing Element, the objective of the City is to ensure that all residential development, including all master planned and specific planned communities, provide a range of housing opportunities for all identifiable economic segments of the population, including households of extremely low, very low, lower and moderate income.

City Housing Element Chapter 6.1, entitled “Promote New Housing Development,” includes Goal I to “promote the provision of housing by both the private and public sectors for all income groups in the community.”

Implementing Policy I-3 of the Housing Element provides that “[a]s feasible, the City will investigate new sources of funding for the City’s affordable housing programs.”

There is a reasonable relationship between the need for affordable housing and the impacts of market rate residential development within the City. Development of new market rate residential projects increases the population of the City and generates additional resident demand for goods and services, and some of the employees needed to provide those goods and services earn incomes only adequate to pay for affordable housing.

Because affordable housing is in short supply within the City, these employees might otherwise be forced to live in less-than-adequate housing within the City, pay a disproportionate share of their incomes to live in adequate housing within the City, or commute ever-increasing distances to their jobs from housing located outside the City, thereby harming the City’s ability to attain goals articulated in the City’s General Plan.

The City Council finds and determines that in order to provide sufficient affordable housing to achieve the City’s goal of providing a full range of affordable housing options to residents of the City, in accordance with the standards established in the general plan, housing element, and other applicable plans and regulations, residential development projects identified in Section 20.380.030 shall provide inclusionary housing units, or provide one of the alternative means of compliance specified in this chapter, in order to mitigate the impacts of these residential development projects on affordable housing in the City.

It is the policy of the City to:

Require that for rental residential development of five or more units for which applications are received and deemed complete during a period of one year from the effective date of the ordinance codified in this chapter, a minimum of 10 percent of the dwelling units in all such developments shall be inclusionary units; and

Require that for rental residential developments of five or more units for which applications are received and deemed complete upon and after the effective date of the ordinance codified in this chapter, a minimum of 15 percent of the dwelling units in all such developments shall be inclusionary units; and

Require that for for-sale residential developments of five or more units for which applications are received and deemed complete upon and after the effective date of the ordinance codified in this chapter, a minimum of 15 percent of the dwelling units in all such developments shall be inclusionary units; and

Allow inclusionary requirements, at the option of the applicant, to be satisfied through the payment of an in-lieu fee as an alternative to requiring inclusionary units to be constructed, and under certain conditions with City Council approval, allow other alternatives to constructing new inclusionary units on-site.

The City Council finds and determines that this chapter will:

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

Offset the demand for affordable housing that is created by new residential development and mitigate impacts that accompany new residential development by protecting the economic diversity of the City’s housing stock; reducing traffic, transit and related air quality impacts; promoting jobs/housing balance; and reducing the demands placed on transportation infrastructure in the region.

Promote the City’s policy to promote the provision of housing by both the private and public sectors for all income groups in the community, as identified by the Housing Element of the General Plan.

Support the Housing Element goal of encouraging high-quality residential development, as well as ensure a full range of affordable housing and the policies and actions that support this goal.

Support the Housing Element goal of providing suitable, decent, and affordable housing for its residents.

Support the guiding principle of the Housing Element that housing in South San Francisco supports increasing the range and diversity of housing options that will be an integral aspect of the City’s growth and development.

Support the guiding principle of the Housing Element that South San Francisco values diversity and strives to ensure that all households have equal access to the City’s housing resources.

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

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

Nothing in this chapter is intended to create a mandatory duty on the part of the City or its employees under the Government Tort Claims Act and no cause of action against the City or its employees is created by this chapter that would not arise independently of the provisions of this chapter.

(Ord. 1565 §2, 2018)

§ 20.380.002 Definitions.

Whenever the following terms are used in this chapter, they shall have the meaning established by this section:

“Affordable housing”

means, for the purposes of this chapter, housing that is affordable to families with very low, low, or moderate incomes.

means a legally binding agreement between an applicant and the City to ensure that the requirements of this chapter are satisfied in accordance with Section 20.380.014.

“Affordable initial sales price”

means a sales price for which allowable housing expenses do not exceed the following:

For an inclusionary unit sold to a moderate income household, allowable housing expenses do not exceed 35% x 110% of AMI for a household size appropriate to the unit.

For an inclusionary unit sold to a lower income household, allowable housing expenses do not exceed 30% x 70% of AMI for a household size appropriate to the unit.

“Affordable rent”

means allowable housing expenses do not exceed the following:

For an inclusionary unit rented to a very low income household, allowable housing expenses do not exceed 30% x 50% of AMI for a household size appropriate to the unit.

For an inclusionary unit rented to a lower income household, allowable housing expenses do not exceed 30% x 60% of AMI for a household size appropriate to the unit.

“Allowable housing expense”

means the total monthly or annual recurring expenses required of a household to obtain shelter.

For a for-sale unit, allowable housing expenses include loan principal and interest at the time of initial purchase by the homebuyer, allowances for property and mortgage insurance, property taxes, homeowners association dues and a reasonable allowance for utilities.

For a rental unit, allowable housing expenses include rent and a reasonable allowance for utilities, as well as all monthly payments made by the tenant to the lessor in connection with use and occupancy of a housing unit and land and facilities associated therewith, including any separately charged fees, utility charges, or service charges assessed by the lessor and payable by the tenant.

Allowable housing expense may be further defined by regulation prepared by the Economic and Community Development Department and adopted by the City Council.

“Area median income” or “AMI”

means the annual median income for San Mateo County, adjusted for household size, as published periodically in Section 6932 of Title 25 of the California Code of Regulations, or its successor provision. In the event such area median income figures are no longer published in the California Code of Regulations, area median income shall be as established by the City.

“Conversion”

means the change of status of a dwelling unit from a for-sale unit to a rental unit or vice versa.

“Deemed complete”

means an applicant has submitted all items listed on the Planning Application Checklist used upon the date the application is received, including all required plans and full payment of all required fees, and the Planning Division has determined each item contains all requested and relevant information pursuant to the review procedures set forth in Chapter 20.450 “Common Procedures” of the South San Francisco Municipal Code.

“Density bonus”

means a density increase in a residential development granted pursuant to Government Code Section 65915, et seq., and Chapter 20.390 of the Municipal Code.

“Density bonus unit”

means dwelling units approved in a residential development pursuant to Government Code Section 65915, et seq., and Chapter 20.390 of the Municipal Code, that are in excess of the maximum residential density otherwise permitted by the City General Plan Or Zoning Ordinance.

“Dwelling unit”

shall have the definition given for dwellings in Section 20.630.002 of the Municipal Code.

“Financial assistance”

means assistance to include, but not be limited to, the subsidization of fees, infrastructure, land costs, or construction costs, the use of funds from the City housing trust fund, the use of low and moderate income housing asset funds, community development block grant (CDBG) funds, HOME funds, or the provision of other direct financial aid in the form of cash transfer payments or other monetary compensation, by the City of South San Francisco.

“For-sale unit”

means a dwelling unit, including an attached or detached single family home, condominium, stock cooperative or community apartment, which is offered for sale to individual buyers.

“Household size appropriate for the unit”

means one person for a zero bedroom dwelling unit, two persons for a one bedroom dwelling unit, three persons for a two-bedroom dwelling unit, four persons for a three-bedroom dwelling unit, and five persons for a four-bedroom dwelling unit.

“Incentives”

means concessions and incentives as described in Government Code Section 65915(k), granted by the City in accordance with Government Code Section 65915 and Chapter 20.390 of the Municipal Code.

“Inclusionary housing project”

means a new residential development or conversion of existing residential buildings which includes units reserved and made affordable to very low, lower or moderate-income households as required by this chapter.

“Inclusionary unit”

means a dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to very low, lower or moderate income households, as required by this chapter.

“Income”

shall have the meaning as defined in Section 6914 of Title 25 of the California Code of Regulations, or its successor provision, as may be further defined by regulations of the Economic and Community Development Department.

“In lieu fee”

means a fee payable to the City instead of constructing inclusionary units as described in Section 20.380.011 of this chapter.

“Lower income household”

shall have the meaning as defined in California Health and Safety Code Section 50079.5.

“Market-rate unit”

means a dwelling unit where the rental rate or sales price is not restricted either by this chapter, Chapter 20.390 of the Municipal Code, or by requirements imposed through other local, state, or federal affordable housing programs.

“Maximum resale price”

means the maximum amount a for-sale inclusionary unit may be sold, except for the initial sale of the inclusionary unit, as provided in Section 20.380.006(F) of this chapter.

“Moderate income household”

shall have the meaning as defined in California Health and Safety Code Section 50093.

“Offsets”

means concessions or assistance to include, but not be limited to, direct financial assistance, density increases, modifications of standards or any other financial, land use, or regulatory concession which would result in an identifiable cost reduction enabling the provision of affordable housing.

“Reasonable allowance for utilities”

means the utility allowance published by the Housing Authority of the County of San Mateo from time to time. If the foregoing utility allowance is no longer published, then a reasonable allowance for utilities shall be calculated based upon comparable governmental published figures as determined by regulation of the City.

“Rental unit”

means a dwelling unit that is not a for-sale unit.

“Residential development”

means any new residential construction of rental or for-sale units; or development revisions, including those with and without a master plan or specific plan, planned unit developments, site development plans, mobilehome developments and conversions of apartments to condominiums, as well as dwelling units for which the cost of shelter is included in a recurring payment for expenses, whether or not an initial lump sum fee is also required.

“Total dwelling units”

means the total units approved by the final decision making authority. Total dwelling units are composed of both market rate units and inclusionary units. For purposes hereof, total dwelling units does not include density bonus units.

“Utilities”

means garbage collection, sewer, water, electricity, gas and other heating, cooling, cooking and refrigeration fuels for a dwelling unit. Utilities does not include telephone, cable or internet service.

“Very low income household”

shall have the meaning as defined in California Health and Safety Code Section 50105. For purposes hereof, very low income households shall include extremely low income households, as defined in California Health and Safety Code Section 50106.

(Ord. 1565 § 2, 2018)

§ 20.380.003 Applicability of Inclusionary Housing Requirement.

The requirements of this chapter shall apply as follows:

This chapter shall apply to all residential market-rate dwelling units resulting from new construction of for-sale and rental residential developments consisting of five or more dwelling units, as well as the conversion of apartments to condominiums or condominiums to apartments.

An applicant shall not avoid the requirements of this chapter by submitting piecemeal planning permit applications. For purposes of this chapter a residential development shall include all contiguous property under common ownership and control.

The requirements of this chapter shall not apply to the following:

Existing residences which are altered, improved, restored, repaired, expanded or extended, provided that the number of dwelling units is not increased, except that this chapter shall pertain to the subdivision of land for the conversion of apartments to condominiums or condominiums to apartments;

The construction of a new residential structure which replaces a residential structure that was destroyed or demolished within two years prior to the approval of a Building Permit for the new residential structure, provided that the number of dwelling units is not increased from the number of dwelling units of the previously destroyed or demolished residential structure;

Accessory dwelling units not constructed to fulfill inclusionary housing requirements and developed in accordance with Section 20.350.003 ("Accessory Dwelling Units");

Those dwelling units which have obtained approval of a vesting tentative map or a development agreement prior to the effective date of the ordinance codified in this chapter, as set forth in Section 20.380.017 ("Pre-Existing Approvals");

Applications for rental residential dwelling units that are deemed complete prior to the effective date of the ordinance codified in this chapter.

(Ord. 1565 § 2, 2018; Ord. 1656, 6/12/2024)

§ 20.380.004 Inclusionary Housing Plans.

Applications for planned unit development permits, tentative maps, vesting tentative maps, and other land use entitlements that seek approval of a residential development project of five or more dwelling units shall submit an inclusionary housing plan as follows:

All applications approved or deemed complete on or after the effective date of the ordinance codified in this chapter are required by this chapter to provide an inclusionary housing plan with the application for development. The inclusionary housing plan will include appropriate text, maps, tables, or figures to establish the basic framework for implementing the requirements of this chapter. It shall establish, at a minimum, but shall not be limited to, the following:

The number of market rate units in the master plan or specific plan;

The number of required inclusionary units for very low, lower and moderate income households in the project, including the specific levels of affordability;

The location of the inclusionary units, including, but not limited to, any sites for locating off-site inclusionary housing projects;

Acknowledgement that an affordable housing agreement shall be a condition of all future discretionary permits for the development area such as tentative maps, parcel maps, planned unit developments and site development plans. The affordable housing agreement shall be consistent with Section 20.380.014 (“Affordable Housing Agreement as a Condition of Development”).

The location and phasing of inclusionary dwelling units may be modified by the body granting final approval of the project as a condition of approval for the project.

All existing planned unit development permits, Conditional Use Permits, master plans or specific plans proposed for major amendment, pursuant to Chapter 20.530 (“Specific Plans and Plan Amendments”), shall incorporate into the amended master plan or specific plan document an affordable housing agreement, consistent with this section.

In the event the residential development obtains a density bonus, the affordable housing agreement shall also contain the terms of the agreement required pursuant to Government Code Section 65915, et seq., and Chapter 20.390 of the Municipal Code.

(Ord. 1565 § 2, 2018)

§ 20.380.005 Calculating the Required Number of Inclusionary Units.

The requirements for rental residential developments, which shall apply to both construction of rental units and conversion of for-sale units to rental units, are as follows:

For rental residential developments consisting of five or more units for which applications are received and deemed complete during a period of one year from the effective date of the ordinance codified in this chapter, a minimum of 10 percent of the dwelling units in all such developments shall be inclusionary units designated for lower income households.

For rental residential developments consisting of five or more units for which applications are received and deemed complete upon and after one year from the effective date of the ordinance codified in this chapter, a minimum of 15 percent of the dwelling units in all such development shall be inclusionary units with two-thirds designated for lower income households and one-third designated for very low income households.

The requirements for for-sale residential developments, which shall apply to both construction of for-sale units and conversion of rental units to for-sale units, is as follows:

For for-sale residential developments of five or more units for which applications are received and deemed complete upon and after the effective date of this ordinance, a minimum of 15 percent of the dwelling units in all such developments shall be inclusionary units with 50 percent designated for moderate income households and 50 percent designated for lower income households.

If the calculation of the required total number of inclusionary units results in a fraction of one-half or greater, the number of inclusionary units shall be rounded up to the next whole number. If the calculation of the required total number of inclusionary units results in a fraction of less than one-half, the fractional amount shall be provided to the City through payment of an in lieu fee as provided in Section 20.380.011 hereof. (For example, if 6.4 inclusionary units are required for a for-sale residential development, the applicant would be required to construct six inclusionary units and pay an in lieu fee for 0.4 units.)

Where the calculation of the designated income levels of inclusionary units results in a fractional number, the number of inclusionary units designated at each required income level shall be rounded toward the higher income level. (For example, if seven inclusionary units are required for a for-sale residential development, four would be designated for moderate income households and three would be designated for lower income households.)

The applicant may voluntarily elect to provide more inclusionary units at a lower income or very low income level than required by this chapter. Voluntarily providing more units at a lower affordability level than otherwise required under this section shall satisfy the applicant’s requirements related to affordability distribution, provided the applicant has provided the total required number of inclusionary units.

(Ord. 1565 § 2, 2018)

§ 20.380.006 Affordable Housing Standards.

The affordable housing standards are as follows:

All residential developments subject to this chapter must satisfy the inclusionary housing requirements of this chapter, notwithstanding an applicant’s request to process a residential development under other program requirements, laws or regulations. Affordable units provided in order to obtain a density bonus under Chapter 20.390 (“Bonus Residential Density”), which otherwise meet the requirements of this chapter, shall qualify as inclusionary units for purposes of this chapter.

Unless an alternative method of compliance is allowed pursuant to Section 20.380.007 of this chapter, inclusionary units shall be built on the residential development project site.

The required inclusionary units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the City and applicant agree within the affordable housing agreement to an alternative schedule for development. The schedule for construction of inclusionary units shall be included in the affordable housing agreement.

Inclusionary units which are rental units shall be made available and rented to the designated income group at an affordable rent for 55 years from the date of a final certificate of occupancy for the project. Notwithstanding anything to the contrary in this chapter, no inclusionary rental unit shall be rented for an amount which exceeds 90 percent of the actual rent charged for a comparable market-rate unit in the same residential development, if any.

Inclusionary units which are for-sale units shall remain affordable for a term of 55 years from the date of a final certificate of occupancy for the inclusionary unit, and a resale restriction containing such affordability term shall be filed and recorded as a restriction on those individual lots, units or projects which are designated as inclusionary for-sale units.

The initial sale of inclusionary for-sale units shall be at an affordable initial sales price. The maximum resale price at which an owner of an inclusionary for-sale unit may sell that inclusionary unit shall be annually adjusted by the percentage increase or decrease in area median income for a family of four in effect between the date of the owner’s purchase and the date of the owner’s sale of the inclusionary unit. The maximum resale price shall be increased by the market value, if any, of any documented, permanent capital real estate or fixed improvements to the inclusionary unit approved by City. As a condition of obtaining such an adjustment, the owner shall present to the City written documentation of all expenditures made by owner for which an adjustment is requested. The maximum resale price shall be decreased by the amount necessary to repair any damages and to put the unit into a sellable condition, including items such as paint, cleaning, construction repairs, and to bring said unit into conformity with all applicable provisions of the City Municipal Code and the affordable housing guidelines established by the City. The amount of price adjustments shall be reasonably determined by the City. The resulting price shall be the maximum resale price of the inclusionary unit.

The design of the inclusionary units shall be consistent with General Plan standards; compatible with the design of the total project development in terms of appearance, materials and finished quality and conform to General Plan standards; and consistent with affordable housing development standards prepared by the Department of Economic and Community Development as adopted by the City Council. The distribution of the size of inclusionary units, as measured by the number of bedrooms in an inclusionary unit, shall be in the same proportion as the distribution of the size of market rate units, as measured by the number of bedrooms in the market rate units. Residents of inclusionary units shall be entitled to use all of the same amenities and facilities of the residential development as residents of market rate units within the residential development.

No building permit shall be issued, nor any development approval granted for a residential development which does not meet the requirements of this chapter. No inclusionary unit shall be rented or sold except in accordance with this chapter.

(Ord. 1565 § 2, 2018)

§ 20.380.007 Alternatives to Constructing New Inclusionary Units.

Each applicant may, at the sole discretion of the applicant, elect to pay the in lieu fee as provided in Section 20.380.011 of this chapter instead of the construction of new inclusionary units within the residential development. In addition to the foregoing, and notwithstanding any contrary provisions of this chapter, the City may, at the sole discretion of the City Council, determine that one or more of the following alternatives in subsections A through E to the construction of new inclusionary units within the residential development is acceptable. Such determination shall be based on findings that new construction would be infeasible or present unreasonable hardship in light of such factors as project size, site constraints, market competition, price and product type disparity, applicant capability, and financial subsidies available. Evidence must be submitted to the City Manager or designee and included in the request for any approval of alternatives to the construction of new inclusionary units.

Off-Site Construction. The applicant may construct some or all of the inclusionary units at a location within the City outside of the residential development. Off-site inclusionary units should, if feasible, be located on sites that are in proximity to or will provide access to employment opportunities, urban services, or major roads or other transportation and commuter rail facilities and that are compatible with adjacent land uses.

Dedication of Land. The applicant may donate land to the City or to the designee of the City. The land shall meet all of the requirements of Government Code Section 65915(g). The value of the land shall be not less than the sum of the in-lieu fee that would be due under Section 20.380.011 of this chapter. The valuation of any land offered in-lieu shall be determined by an appraisal made by an appraiser mutually agreed upon by the City and the applicant. Costs associated with the appraisal shall be borne by the applicant.

Construction of Accessory Dwelling Units. The applicant may construct accessory dwelling units which shall be rented to very low and lower income households at an affordable rent, in accordance with an affordable housing agreement.

Funding of Affordable Housing Project. The applicant may make a contribution to a special needs housing project or program or other affordable housing project. The requisite contribution shall be calculated in the same manner as an in-lieu fee per Section 20.380.011 (“In-Lieu Fees”).

The City Council may approve other alternatives to the construction of new inclusionary units within the residential development where the proposed alternative supports specific housing element policies and goals of the City and assists the City in meeting its State housing requirements. Alternatives may include, but are not limited to, acquisition and rehabilitation of affordable units, conversion of existing market units to affordable units, or construction of special needs housing projects or programs (shelters, transitional housing, etc.).

(Ord. 1565 § 2, 2018)

§ 20.380.008 Waiver of Requirements.

Applicants may apply to the City for a waiver, adjustment or reduction of the requirements of this chapter. In connection with such a request, the applicant shall present evidence to the City in support of the request. The City may approve or disapprove an application for waiver, adjustment or reduction in its sole discretion, provided that the City shall approve requests for waiver, adjustment or reduction when the application of this chapter to a residential development would result in a taking of property in violation of the United States or California Constitutions or otherwise be contrary to applicable law.

(Ord. 1565 § 2, 2018)

§ 20.380.009 Disposition of Excess Inclusionary Units.

Inclusionary units created which exceed the final requirement for a residential development may, subject to City Council approval in the affordable housing agreement, be utilized by the applicant to satisfy inclusionary requirements for other residential developments of the applicant or other developers.

(Ord. 1565 § 2, 2018)

§ 20.380.010 Offsets to the Cost of Affordable Housing Development.

The City shall consider making offsets available to applicants when necessary to enable residential developments to provide a preferable product type or affordability in excess of the requirements of this chapter.

Offsets may be offered by the City to the extent that resources and programs for this purpose are available to the City and approved for such use by the City Council, and to the extent that the residential development, with the use of offsets, assists in achieving the City’s housing goals. If the City makes available programs to provide offsets, applicants may make application for such programs.

The City’s evaluation of requests for offsets shall be based on the effectiveness of the offsets in achieving a preferable product type and/or affordability objectives as set forth within the housing element; the capability of the development team; the reasonableness of development costs and justification of subsidy needs; and the extent to which other resources are used to leverage the requested offsets.

Nothing in this chapter establishes, directly or through implication, a right of any applicant to receive any offsets from the City or any other party or agency to enable the applicant to meet the obligations established by this chapter.

Offsets may include incentives provided by the City to residential developments qualifying for a density bonus pursuant to the provisions of Chapter 20.390.

Any offsets approved by the City Council shall be described in the affordable housing agreement.

Applicants are encouraged to utilize local, State or Federal assistance, when available, to meet the affordability standards set forth in this chapter.

(Ord. 1565 § 2, 2018)

§ 20.380.011 In-Lieu Fees.

Payment of an in-lieu fee to the City instead of construction of inclusionary units is permitted as follows:

For any residential development or development revision consisting of five or more dwelling units, the applicant may elect to satisfy the inclusionary unit requirements through the payment to the City of an in-lieu fee.

The in-lieu fee to be paid for each inclusionary dwelling unit shall be determined by resolution of the City as approved by the City Council from time to time.

In lieu-fees shall be paid at the time a building permit is issued for the development.

Where an applicant elects to pay an in lieu fee instead of the development of inclusionary units, any approvals for the residential development shall be conditioned upon a requirement to pay the in-lieu fee in an amount established by the chapter in effect at the time of payment.

(Ord. 1565 § 2, 2018)

§ 20.380.012 Collection of Fees.

All in-lieu fees collected hereunder shall be deposited in a housing trust fund. The housing trust fund shall be administered by the City and shall be used only for the purpose of providing funding assistance for the provision of affordable housing and reasonable costs of administration consistent with the policies and programs contained in the housing element of the General Plan.

(Ord. 1565 § 2, 2018)

§ 20.380.013 Preliminary Project Application and Review Process.

The preliminary project application/review process shall be as follows:

An applicant of a residential development, proposing an inclusionary housing project shall have an approved site development plan prior to execution of an affordable housing agreement for the project. The applicant may submit a preliminary application to the director of the Department of Economic and Community Development prior to the submittal of any formal applications for such housing development. The preliminary application shall include the following information if applicable:

A brief description of the proposal, including the number of inclusionary units proposed;

The zoning, General Plan designations and assessor’s parcel number(s) of the project site;

A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, building elevations, existing contours and proposed grading; and

A letter identifying what specific offsets, incentives and/or adjustments are being requested of the City. Justification for each request should also be included.

Within 30 days of receipt of the preliminary application by the planning director for projects not requesting offsets or incentive adjustments, or 90 days for projects requesting offsets or incentive adjustments, the Economic and Community Development Department shall provide to an applicant a letter which identifies project issues of concern, the offsets and incentive adjustments that the City Manager or designee can support when making a recommendation to the final decision-making authority, and the procedures for compliance with this chapter. The applicant shall also be provided with a copy of this chapter and related policies, the pertinent sections of the California codes to which reference is made in this chapter and all required application forms.

(Ord. 1565 § 2, 2018)

§ 20.380.014 Affordable Housing Agreement as a Condition of Development.

This chapter requires the following:

Applicants subject to this chapter shall demonstrate compliance with this chapter by executing an affordable housing agreement prepared by the Department of Economic and Community Development and submitted to the applicant for execution. Agreements which conform to the requirements of this section and which do not involve requests for offsets and/or incentives, other than those permitted by right, if any, shall be reviewed by the City Manager or designee and approved by the City Manager or designee.

Agreements which involve requests for offsets and/or incentives, or for alternate means of compliance with the inclusionary housing requirements, other than those permitted by right, shall require the recommendation of the Department of Economic and Community Development and action by the City Council as the final decision-maker.

Following the approval and execution by all parties, the affordable housing agreement with approved site development plan shall be recorded against the entire development, including market-rate lots and units and the relevant terms and conditions therefrom filed and subsequently recorded as a separate deed restriction or regulatory agreement on the affordable project individual lots or units of property which are designated for the location of inclusionary units.

The approval and execution of the affordable housing agreement shall take place prior to final map approval and shall be recorded upon final map recordation or, where a map is not being processed, prior to the issuance of building permits for such lots or units.

The affordable housing agreement may require that more specific project and/or unit restrictions be recorded at a future time.

The affordable housing agreement shall provide that the project applicant pay an administrative fee to reimburse the City for all administrative and processing costs and fees incurred in processing the affordable housing plan and implementing the requirements of this chapter on a project specific basis. The City may waive the administrative fee as an incentive or offset for the provision of inclusionary units.

The affordable housing agreement shall bind all future owners and successors in interest for the term of years specified therein.

An affordable housing agreement, for which the inclusionary housing requirement will be satisfied through new construction of inclusionary units, either on-site or off-site, shall establish, but not be limited to, the following:

The number of inclusionary dwelling units proposed, with specific calculations detailing the application of any incentive adjustment credit;

The unit square footage, and number of bedrooms;

The location of the inclusionary units;

Amenities and services provided, such as daycare, after school programs, transportation, job training/employment services and recreation;

Level and tenure of affordability for inclusionary units;

Schedule for production of dwelling units;

Approved offsets provided by the City;

Where applicable, requirements for other documents to be approved by the City, such as marketing, leasing and management plans; financial assistance and loan documents; resale agreements; and monitoring and compliance plans;

Where applicable, identification of the affordable housing developer and agreements specifying their role and relationship to the project;

An affordable housing agreement, for which the inclusionary housing requirement will be satisfied through payment to the City of any in-lieu contributions other than fee monies, such as land dedication, shall include the method of determination, schedule and value of total in-lieu contributions;

“Density bonus dwelling units”

An affordable housing agreement will not be required for projects which will be satisfying their inclusionary housing requirement through payment to the City of an in-lieu fee unless the applicant requests payment options not provided by this chapter.

(Ord. 1565 § 2, 2018)

§ 20.380.015 Agreement Amendments.

Any amendment to an affordable housing agreement shall be processed in the same manner as an original application for approval, except as authorized in Section 20.380.004(C).

(Ord. 1565 § 2, 2018)

§ 20.380.016 Period of Affordability.

The City or its designee shall have a first right of refusal to purchase inclusionary for sale units offered for sale during the tenure of affordability. The first right of refusal to purchase the affordable unit shall be submitted in writing to the director of the Department of Economic and Community Development. Within 90 days of its receipt, the City shall indicate its intent to exercise the first right of refusal for the purpose of providing affordable housing.

(Ord. 1565 § 2, 2018)

§ 20.380.017 Pre-Existing Approvals.

Any project for which an executed development agreement has become effective prior to the effective date of the ordinance codified in this chapter, or for which a complete application for a vesting tentative map has been filed prior to the effective date of the ordinance codified in this chapter, shall not be subject to the requirements of this ordinance, but shall be subject to the requirements of the City’s inclusionary housing ordinance, if any, in effect at the time the development agreement became effective or the complete vesting tentative map application was filed.

(Ord. 1565 § 2, 2018)

§ 20.380.018 Enforcement.

Enforcement provisions are as follows:

The provisions of this chapter shall apply to all applicants and their agents, successors and assigns proposing a residential development governed by this chapter. No building permit or occupancy permit shall be issued, nor any entitlement granted, for a project which is not exempt and does not meet the requirements of this chapter. All inclusionary units shall be rented or owned in accordance with this chapter.

The applicant and its agents, successors and assigns shall annually certify tenants as to the income eligibility for occupancy of inclusionary rental units and the annual certification shall be submitted to the Department of Economic and Community Development. If applicant and its agents, successors and assigns fail to perform an annual certification, applicant shall be fined $1,000.00 for each inclusionary unit whose tenants were not subject to an annual certification. The City shall continue to fine the applicant an additional $1,000 for every 30-day period for each inclusionary unit whose tenants have not been subject to an annual certification. City shall take steps to assess these fines as a lien against either the property where the inclusionary units are located or against the project property.

If applicant at any time fails to make available or to provide below inclusionary rental unit at the required affordable rent levels, applicant is subject to a fine of $2,500.00 for each inclusionary unit not provided pursuant to the affordable housing agreement. The City shall continue to fine applicant an additional $2,500.00 for every 30-day period after the initial fine for each inclusionary unit not provided pursuant to the affordable housing agreement. City shall take steps to assess these fines as a lien against either the property where the inclusionary units are located or against the subject property.

If an owner sells a for-sale inclusionary unit during the 55 year affordability term at a price higher than the maximum resale price in violation of this chapter, the City will be entitled to receive from the seller the difference between the maximum resale price and the actual sales price of the inclusionary unit. If an owner rents a rental inclusionary unit during the 55 year affordability term at a rent higher than the affordable rent in violation of this chapter, the City will be entitled to receive from the owner the difference between the affordable rent and the actual rental amount of the inclusionary unit. Any funds recaptured by the City shall be placed in the housing trust fund as set forth in Section 20.380.012 of this chapter.

The City may institute any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including, but not limited to, actions to revoke, deny or suspend any permit or development approval. In the event the City must institute legal action to enforce the provisions of this chapter, the City shall be entitled to recover its administrative costs, including reasonable attorneys’ fees, in addition to any other remedy provided by the court.

(Ord. 1565 § 2, 2018)

§ 20.380.019 Savings Clause.

All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.

(Ord. 1565 § 2, 2018)

§ 20.390.001 Purpose and Intent.

The public good is served when there exists in a City housing which is appropriate for the needs of and affordable to all members of the public who reside within that City. Among other needs, there is in South San Francisco a need for housing affordable to extremely low, very low, lower and moderate income households, senior citizens, transitional foster youth, disabled veterans and homeless persons. Therefore, it is in the public interest for the City to promote the construction of such additional housing through the exercise of its powers and the utilization of its resources.

It is the purpose of this chapter to provide incentives to developers for the production of housing affordable to extremely low income households, very low income households, lower-income households, moderate-income households, senior citizens, transitional foster youth, disabled veterans and homeless persons.

It is the purpose of this chapter to implement the goals, objectives, and policies of the housing element of the City’s General Plan, as amended.

It is the purpose of this chapter to implement Sections 65915 through 65918 of the California Government Code, or successor provisions (“State Density Bonus Law”).

Nothing in this chapter is intended to create a mandatory duty on behalf of the City or its employees under the Government Tort Claims Act and no cause of action against the City or its employees is created by this chapter that would not arise independently of the provisions of this chapter.

(Ord. 1566 §2, 2018)

§ 20.390.002 Definitions.

All terms used herein shall have the same meanings as set forth in the State Density Bonus Law. In addition, the following terms which are used in this chapter shall have the meaning established by this section:

“Conversion”

means the change of status of a dwelling unit from a for-sale unit to a rental unit or vice versa.

means those residential units granted pursuant to the State Density Bonus Law and the provisions of this chapter which are in excess of the maximum allowable residential density of the project site.

“Density bonus housing agreement”

means a legally binding agreement between an applicant and the City to ensure that the requirements of this chapter are satisfied with respect to a density bonus housing project, in accordance with Section 20.390.010 of this chapter.

“Density bonus housing project”

means a residential development project which receives a density bonus, incentives and concessions, waiver or modification of development standards, or favorable parking requirements pursuant to this chapter. Where an affordable housing agreement is required pursuant to Section 20.380.014, the density bonus housing agreement and inclusionary housing agreement may be combined in a single housing agreement as provided in Section 20.390.010(D).

“Dwelling unit”

shall have the definition given for dwellings in Section 20.630.002 of the Municipal Code.

“For-sale unit”

means a dwelling unit, including an attached or detached single-family home, condominium, stock cooperative or community apartment, which is offered for sale to individual buyers.

“Incentives”

means concessions and incentives as described in Government Code Section 65915(k), granted by the City in accordance with the State Density Bonus Law and this chapter.

“Lower income household”

shall have the meaning as defined in California Health and Safety Code Section 50079.5.

“Market-rate unit”

means a dwelling unit where the rental rate or sales price is not restricted either by this chapter, Chapter 20.380 of the Municipal Code, or by requirements imposed through other local, State, or Federal affordable housing programs.

“Maximum allowable residential density”

means the maximum number of residential units permitted on the project site, which number of units is calculated by multiplying the net developable acreage of the project site times the growth management control point(s) for the project site’s applicable residential General Plan designation(s).

“Moderate-income household”

shall have the meaning as defined in California Health and Safety Code Section 50093.

“Rental unit”

means a dwelling unit that is not a for-sale unit.

“Residential development”

means any new residential construction of rental or for-sale units; or development revisions, including those with and without a master plan or specific plan, planned unit developments, site development plans, mobile home developments and conversions of apartments to condominiums, as well as dwelling units for which the cost of shelter is included in a recurring payment for expenses, whether or not an initial lump sum fee is also required.

“State Density Bonus Law”

means Sections 65915 through 65918 of the California Government Code, or successor provisions, as such law may change from time to time.

“Target dwelling unit”

means a dwelling unit that will be offered for rent or sale exclusively to and which shall be affordable to the designated income group or qualified resident, as required by this chapter.

“Very low income household”

(Ord. 1566 § 2, 2018)

§ 20.390.003 Regulations for New Residential Construction.

The City shall grant a density bonus and incentives and concessions to applicants for approval of a residential development project of at least five units, as and to the extent required pursuant to Section 65915 of the State Density Bonus Law.

(Ord. 1566 § 2, 2018)

§ 20.390.004 Regulations for Conversions.

The City shall grant a density bonus or other incentives of equivalent financial value to applicants for approval of a conversion, as and to the extent required pursuant to Section 65915.5 of the State Density Bonus Law.

(Ord. 1566 § 2, 2018)

§ 20.390.005 Parking.

Upon the written request of an applicant who has qualified for a density bonus, the City shall require a vehicular parking ratio for the project, inclusive of handicapped and guest parking, which does not exceed the parking ratios established pursuant to Section 65915(p) of the State Density Bonus Law.

(Ord. 1566 § 2, 2018)

§ 20.390.006 Waiver and Reduction of Development Standards.

Upon the written request of an applicant who has qualified for a density bonus, the City shall approve a waiver or reduction of those City development standards that will have the effect of physically precluding the construction of the development project at the densities or with the incentives and concessions permitted pursuant to this chapter, as and to the extent required pursuant to Section 65915 of the State Density Bonus Law. Upon the request of an applicant, the City shall meet with the applicant to discuss the City’s disapproval of a requested waiver or reduction of City development standards.

(Ord. 1566 § 2, 2018)

§ 20.390.007 Density Bonus Housing Standards.

All residential development subject to this chapter must satisfy all of the requirements of this chapter, notwithstanding the development’s satisfaction of other program requirements, laws or regulations such as the inclusionary housing requirements of Chapter 20.380. Those target dwelling units provided under this chapter which meet all of the requirements for inclusionary units set forth in Chapter 20.380, shall also qualify as inclusionary units for purposes of that chapter.

Target dwelling units shall be constructed concurrently with market rate dwelling units unless both the both the final decision-making authority of the City and the applicant agree to an alternative schedule for development. The schedule for construction of inclusionary units shall be included in the density bonus housing agreement.

Target dwelling units shall remain restricted and affordable in accordance with the requirements of Section 65915 of the State Density Bonus Law.

Target dwelling units and density bonus dwelling units shall be built within the site of the density bonus housing project.

Density bonus housing projects shall comply with all applicable development standards of the City, except those which have been modified as incentive or concessions or through development standard waivers or modifications, as provided in this chapter. In addition, all units in density bonus housing projects must conform to the requirements of all applicable building and housing codes.

The design of all units within a density bonus housing project shall be consistent with General Plan standards; compatible with the design of the total project development in terms of appearance, materials and finished quality and conform to General Plan standards; and consistent with affordable housing development standards prepared by the Department of Economic and Community Development as adopted by the City Council. The distribution of the size of target dwelling units, as measured by the number of bedrooms in a target dwelling unit, shall be in the same proportion as the distribution of the size of market rate units within the development, as measured by the number of bedrooms in the market rate units. Residents of target dwelling units shall be entitled to use all of the same amenities and facilities of the residential development as residents of market rate units within the residential development.

No building permit shall be issued, nor any development approval granted, for any improvements within a residential development subject to this chapter which does not meet the requirements of this chapter. No target dwelling unit shall be rented or sold except in accordance with this chapter.

(Ord. 1566 § 2, 2018)

§ 20.390.008 Expiration of Affordability Tenure.

The owner of rental target dwelling units shall provide all notices and rights to tenants required to be given prior to and upon the expiration of affordability covenants pursuant to Government Code Section 65863.10 or a successor statute.

(Ord. 1566 § 2, 2018)

§ 20.390.009 Density Bonus Application and Review Process.

General. All residential projects requesting a density bonus, incentives and concessions, waiver or modification of development standards, or favorable parking requirements pursuant to this chapter, shall be required to comply with the following application requirements. Target dwelling units proposed to be developed onsite shall be designated on the project plans and shall be processed under a site development plan application in addition to the otherwise required project development application(s) (i.e., tentative maps, parcel maps, planned unit developments and Conditional Use Permits). The site development plan shall be processed pursuant to Titles 19 (“Subdivisions”) and 20 (“Zoning”) of the South San Francisco Municipal Code. No additional hearings or approvals shall be required, except as provided herein with regard to the provision of financial incentives. If the application involves a request to the City for direct financial incentives, then any action by the Planning Commission on the application shall be advisory only, and the City Council shall have the authority to make the final decision on the site development plan application and any related discretionary permits.

Preliminary Application. An applicant proposing a density bonus housing project may submit a preliminary application prior to the submittal of any formal requests for approvals of such housing development. The preliminary application shall include the following information. To the extent possible, applicants shall combine into a single integrated preliminary application the information required below and the information required in the preliminary application for an inclusionary housing project pursuant to Section 20.380.013 of the Municipal Code:

A brief description of the proposal, including the number of target dwelling units and density bonus dwelling units proposed.

The zoning, General Plan designations and assessor’s parcel number(s) of the project site.

A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, building elevations, existing contours and proposed grading.

A letter identifying what density bonus, incentives and concessions, waivers or modifications of development standards, or favorable parking requirements are being requested of the City. Within 30 days of receipt of the preliminary application by the Director of Economic and Community Development (or his or her designee), the department shall provide to an applicant a letter which identifies project issues of concern, and for projects requesting direct financial assistance from the City, the financial assistance that the Director of Economic and Community Development (or his or her designee) would support when making a recommendation to the final decision making authority. Such letter shall include a summary of the procedures for compliance with this chapter. The applicant shall also be provided with a copy of this chapter and related policies, the pertinent sections of the California Codes to which reference is made in this chapter and all required application forms.

A statement describing whether the residential development is proposed on any property that: (a) includes a parcel or parcels on which rental dwelling units are, or if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to, persons and families of very low or lower income; (b) has been subject to any other form of rent or price control through a public agency’s exercise of its police power; or (c) has been occupied by lower or very low income households.

Submittal. The completed application(s) shall include the following information. To the extent possible, applicants shall combine into a single integrated submission the information required below and the information required in the inclusionary housing plan pursuant to Section 20.380.004 of the Municipal Code.

A legal description of the total site proposed for development of the target dwelling units, including a statement of present ownership and present and proposed zoning.

A letter signed by the present owner stating what density bonus, incentives and concessions, waivers or modifications of development standards, or favorable parking requirements are being requested from the City.

A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

Site plans, designating the total number of units proposed on the site, including the number of target dwelling units and density bonus dwelling units, and supporting plans per the application submittal requirements.

In the case of a request for any incentives or concessions, a description of how the requested incentives or concessions will result in identifiable and actual cost reductions to provide for affordable housing costs or rents for the target dwelling units.

In the case of a request for waivers or modifications of development standards, a description of how the existing development standards will have the effect of physically precluding the construction of the development at the densities or with the requested concessions or incentives.

In the case of a condominium conversion request, a report documenting the following information for each unit proposed to be converted: the monthly income of tenants of each unit throughout the prior year, the monthly rent for each unit throughout the prior year, and vacancy information for each unit throughout the prior year.

Review. The Director of Economic and Community Development and/or designated staff shall evaluate the request based upon the following criteria:

Whether the requested density bonus meets all of the requirements of the State Density Bonus Law for receipt of a density bonus.

Whether the requested incentives and concessions result in identifiable and actual cost reductions to provide for affordable housing costs or rents for the target dwelling units, and whether such incentives and concessions would have a specific adverse impact upon public health and safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households, or violates such other requirements as may be set forth in the California Density Bonus Law for incentives and concessions.

Whether the City’s development standards physically preclude the construction of the development project at the density and with the concessions and incentives to be provided to the proposed project pursuant to this chapter, and whether the requested waivers or modifications are necessary to enable the construction of the development project at such density and with such concessions and incentives.

Whether the density bonus housing project complies with the General Plan, zoning and development policies of the City.

Whether the conversion of apartment units to condominiums will result in a reduction in the affordable housing stock for lower income groups, as of most recent inventory.

(Ord. 1566 § 2, 2018)

§ 20.390.010 Inclusion of Density Bonus Housing Agreement as a Condition of Development.

Applicants receiving a density bonus, incentives and concessions, waivers or modifications of development standards, or favorable parking requirements pursuant to this chapter, shall demonstrate compliance with this chapter by the execution of a density bonus housing agreement. Where an affordable housing agreement is required pursuant to Section 20.380.014 (“Affordable Housing Agreement as a Condition of Development”), both the density bonus housing agreement and inclusionary housing agreement shall, if feasible, be combined into a single housing agreement. The density bonus housing agreement shall be submitted by City to the applicant. Following the approval and the signing by all parties, the completed density bonus housing agreement shall be recorded as specified in the density bonus housing agreement. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such lots or units. The density bonus housing agreement shall be binding on all future owners and successors in interest.

A density bonus housing agreement for new residential construction processed pursuant to this chapter shall include the following:

The number of density bonus dwelling units granted.

The number and type of target dwelling units proposed.

The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit.

The proposed location of the target dwelling units.

Tenure of restrictions for target dwelling units.

Schedule for production of target dwelling units.

A description of incentives and concessions, waivers and modifications of development standards, provision of favorable parking requirements, and financial assistance to be provided by the City.

Where applicable, tenure and conditions governing the initial sale of for-sale target dwelling units.

Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for rental target dwelling units.

Any other requirements of State Density Bonus Law.

A density bonus housing agreement for condominium conversions processed pursuant to this chapter shall be required to include the following:

The number of density bonus dwelling units granted.

The number of lower and moderate-income dwelling units proposed.

The unit size(s) (square footage) of target dwelling units and number of bedrooms per target dwelling unit.

The proposed location of the lower and moderate-income target dwelling units.

Tenure of affordability for target dwelling units.

Schedule for production of target dwelling units.

Incentives provided by the City.

Terms and conditions of for-sale target dwelling units.

Any other requirements of State Density Bonus Law.

(Ord. 1566 § 2, 2018)

§ 20.390.011 Density Bonus Resale Agreements.

All buyers of for-sale target dwelling units shall enter into a density bonus resale agreement with the City’s housing authority prior to purchasing the unit or property. The resale agreement shall be consistent with the density bonus housing agreement for the density bonus housing project.

Where an affordable housing agreement involving the resale of inclusionary housing is required pursuant to Section 20.380.014 (“Affordable Housing Agreement as a Condition of Development”), both the resale agreements for inclusionary for-sale units and target for-sale units shall be combined into a single resale agreement.

(Ord. 1566 § 2, 2018)

§ 20.390.012 Eligibility Requirements.

Only households meeting the eligibility standards for the target dwelling units as set forth in the density bonus housing agreement shall be eligible to occupy target dwelling units.

(Ord. 1566 § 2, 2018)

§ 20.390.013 Management and Monitoring.

Rental target dwelling units shall be managed and operated by the owner or his or her agent. Each owner of rental target dwelling units shall submit an annual report to the City in the form prescribed by the City, identifying which units are target dwelling units, the monthly rent, vacancy information for each rental target dwelling unit for the prior year, monthly income for tenants of each rental target dwelling unit, and other information as required by the City, while ensuring the privacy of the tenant.

(Ord. 1566 § 2, 2018)

§ 20.390.014 Administrative Fee for Target Dwelling Units.

Over the minimum tenure of projects containing target dwelling units, the City will either directly or, via one or more third parties, provide a number of recurring services associated with the administration and monitoring of such units. Although the provision of some of these services will be within the normal purview of existing City activities, others will involve new costs to the City for which there are no existing funding sources. Unless and until alternative funding sources are identified, it is necessary to require the builders and owners of density bonus housing projects to share in these administrative costs. Therefore, the City Council establishes an administrative fee for target dwelling units, the amount to be established by the City Council resolution and paid prior to the issuance of building permit(s).

(Ord. 1566 § 2, 2018)

§ 20.390.015 Severability of Provisions.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. In the event of any conflict between this chapter and State Density Bonus Law, State Density Bonus Law shall prevail.

(Ord. 1566 § 2, 2018)

§ 20.395.001 Purpose.

This chapter establishes the South San Francisco Community Benefits Program by which the City may increase the value of private property by granting additional development capacity (i.e. a floor area ratio (FAR) bonus) in exchange for community benefits. The Program is a way for the City to derive greater benefit for the broader community from the granting of Planning entitlements than would be otherwise possible through base zoning district standards. Community benefits include enhanced open spaces, enhanced connectivity, green buildings, social service uses, expanded transportation demand management, on-site and off-site affordable housing, or sea level rise adaptation measures.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.395.002 Applicability.

The Community Benefits Program allows bonus FAR for nonresidential projects in the zoning districts and amounts indicated in Chapter 20.100 (“Nonresidential Districts”) and in the East of 101 Transit Core (“ETC”) zoning district in Chapter 20.090 (“Downtown/Caltrain Station Area Zoning Districts”).

(Ord. 1646 §2, 2022)

§ 20.395.003 Review and Approval.

Review.

Up to 1.0 FAR. An increase in FAR up to 1.0 may be granted on a ministerial basis without a Community Benefits Agreement, provided the following:

The proposed increase does not exceed the maximum amount indicated by the applicable base zoning district standard; and

The project complies with the requirements of this chapter and all other applicable requirements and standards of the South San Francisco Municipal Code.

1.0 to Maximum FAR. An increase in FAR greater than 1.0 up to the maximum FAR in the applicable base zoning district may be granted provided the following:

The proposed increase does not exceed the maximum amount indicated by the applicable base zoning district standard;

The project complies with the requirements of this chapter and all other applicable requirements and standards of the South San Francisco Municipal Code; and

The applicant satisfies one of the following two options:

Community Benefits Fee. The increase may be granted on a ministerial basis if the applicant pays the fee required in accordance with the Community Benefit Fee Schedule as adopted by separate resolution.

“Cannabis operator permit” or “operator permit,”

Community Benefits Agreement. The increase may be granted by City Council approval of a Community Benefits Agreement, in accordance with Section 20.395.003(B) ("Community Benefits Program Community Benefits Agreement Requirements"), which may include payment of Community Benefits Fees to satisfy part of the benefit.

Community Benefits Program Community Benefits Agreement Requirements. Requirements of the Community Benefits Agreement include the following:

Valuation Study. An applicant seeking to provide a community benefit in-lieu of paying the Community Benefits Fee is required to submit the following as part of the Community Benefits Agreement:

A calculation of the applicable Community Benefits Fee that would apply, against which the value of the development’s public benefits will be credited in accordance with Section 20.395.003(B)(1)(c) below;

An assessment of the economic and/or intrinsic value of the proposed public benefit as compared with the economic value of the proposed development incentives requested by the applicant. In this case, the benefit provided must be described in Section 20.395.004 (“Community Benefit Priorities”); or

An assessment of the proposed fee as compared with the economic value of the proposed development incentives requested by the applicant. In this case, the fee provided will fund a benefit described in Section 20.395.004 (“Community Benefit Priorities”). The City may request an independent third-party review, by a qualified appraisal expert, hired by the City at the applicant’s expense, to validate the valuation submitted by the applicant. This requirement is not intended to imply a need for the applicant to provide or disclose a complete project pro forma. Only the marginal costs of the proposed public benefit and incentive are required to be disclosed in the analysis.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.395.004 Community Benefits Priorities.

This section establishes the City's community benefit priorities. Community Benefits Fees collected in accordance with Section 20.395.003 ("Review and Approval") may fund one or more of the benefits described below. Should an applicant provide a community benefit proposed as a part of a Development Agreement, the benefit must be consistent with the City's priorities as established in this section.

Community Benefit Priorities - General.

Public Spaces. Public spaces beyond the requirements of the base zoning district and applicable design standards as identified in Chapter 20.310 ("Site and Building Design Standards") may qualify as a community benefit.

Qualifying spaces may include active or passive parks, plazas, community gardens, rooftop gardens, or other publicly accessible open spaces.

Spaces should include amenities that support its intended use. Such amenities may include landscaping beyond the requirements of Chapter 20.300 ("Lot and Development Standards"), furniture, special paving, special lighting, public restrooms, water fountains, public art beyond the requirements of Chapter 8.76 ("Public Art Requirement"), or other public amenities that enhance the comfort and usability of the space.

Spaces should be accessible and open during business hours. Where spaces are not visible from the public right-of-way, signage should be provided to clearly indicate that the space is available for public use.

Enhanced Connectivity. Provision of enhanced connectivity beyond the requirements of the base zoning district standards and applicable design standards as identified in Chapter 20.310 ("Site and Building Design Standards") may qualify as a community benefit.

Enhancements include new through streets, bicycle/pedestrian paths, or other connections to existing trails. Priorities for new connectivity are identified in the General Plan's Mobility Element or applicable Specific Plan and shall be completed to the specifications of the General Plan and Engineering/Public Works.

Signage and appropriate public access to all new connections shall be provided to clearly indicate that the roadway or path is available for public use.

Connectivity improvements required as part of a CEQA mitigation shall not be considered a community benefit.

A public access easement shall be recorded against the property that ensures public access to the portion of the project which qualifies it for the FAR Bonus.

A property owner or applicant who completes and develops an existing rail spur that is or will be abandoned as a publicly accessible open space connection consistent with the General Plan's Mobility Element or applicable Specific Plan qualifies for the FAR Bonus. The open space connection shall be completed to the specifications of the General Plan and Engineering/Public Works and shall either be dedicated to the City or a public access easement shall be recorded against the owner of the rail spur.

Public and Social Services. On-site provision of non-profit social services and/or public facilities may qualify as a community benefit.

Qualifying uses include senior center, childcare facility, public safety facilities, community meeting rooms, after-school center, or other non-profit organization.

Qualifying spaces should be a minimum of 1,400 square feet in area including any outdoor space required of the use.

Where approval is conditioned upon the provision of a specific use, the permit shall include a covenant that the use may not be terminated or otherwise altered without the approval of the Chief Planner.

Support for Local Businesses. Support for local businesses may qualify as a community benefit. This may include:

Tenant space for local small businesses in need of relocation.

Building frontage devoted to active walk-in uses such as retail, restaurant, or cafe.

Participation in a local hire program.

Façade improvements or enhancement.

On-Site or Off-Site Affordable Housing. Development of on-site or off-site affordable housing (very low, low, and moderate-income units) that is consistent with the standards set forth in Section 20.380.006 ("Affordable Housing Standards") may qualify as a community benefit. The applicant may develop the units or otherwise cause them to be constructed, such as through a partnership with a reputable affordable housing developer or non-profit organization.

District Transportation Demand Management (TDM) Measures. TDM measures beyond those required in accordance with Chapter 20.400 ("Transportation Demand Management") and beyond applicable requirements of a Transportation Management Association (TMA) may qualify as a community benefit.

District Sea Level Rise Mitigation Measures. Contributions to or construction of district-wide sea level rise mitigation measures may qualify as a community benefit. Measures may include construction of levees or sea walls; creek restoration and improvements; construction of detention basins; landscaping efforts aimed at supporting creating biodiversity and improving resilience in impacted areas.

Community Benefit Priorities — Lindenville Specific Plan District.

Open Space. New dedicated or publicly-accessible open space beyond standards in the Specific Plan and City parkland dedication requirements. Where open space types are identified in the Lindenville Specific Plan Parks and Open Space Framework, the development project shall contribute the open space onsite and in designated locations as part of its community benefits contribution.

Affordable Housing. Development of affordable housing units on- or off-site within Lindenville, in excess of the amount required under existing City and Specific Plan regulations.

Transportation, Infrastructure, and Utility Improvements. Off-site transportation, infrastructure, and utility improvements in excess of required contributions that address the fair share of impacts needed to serve the development. This includes blue-green infrastructure and sea level rise improvements.

Small Business Retention. Supporting or subsidizing small, local businesses in excess of the amount required under existing City and Specific Plan regulations.

Other. Other benefits proposed by applicants that further the vision for Lindenville.

(Ord. 1646 § 2, 2022; Ord. 1649, 10/11/2023; Ord. 1656, 6/12/2024)

§ 20.400.001 Purpose.

The specific purposes of this chapter are intended to:

Reduce the number of vehicle miles traveled generated by new development, in accordance with the City’s police power necessary to protect the public health, safety, welfare, and environment.

Manage traffic congestion, especially congestion associated with drive-alone commute trips during peak traffic periods by using a combination of services, incentives, and facilities.

Promote more efficient utilization of existing transportation facilities and ensure that new developments maximize transit, active transportation, carpooling, and vanpooling usage.

Establish an ongoing monitoring and enforcement program to ensure that the desired performance targets are achieved.

Achieve compliance with the City/County Association of Governments of San Mateo County’s (C/CAG) Congestion Management Program.

(Ord. 1646 § 2, 2022)

§ 20.400.002 Applicability.

The following new development types shall be subject to this Ordinance and grouped into the following four tiers of compliance based on their anticipated effects on the City’s transportation network:

Tier 1. Tier 1 includes residential land uses with 20 or more units (excluding senior housing developments and affordable housing developments with greater than 50 percent of units below market rate).

Tier 2. Tier 2 includes all hotels, retail, warehouse/distribution, and industrial uses anticipated to generate greater than 100 daily trips; and small office and research and development uses greater than 10,000 square feet but less than 50,000 square feet.

Tier 3. Tier 3 includes office and research and development uses between 50,000 and 400,000 square feet of gross floor area, and any Tier 2 land uses found to have a significant impact to vehicle miles traveled during environmental review.

Tier 4. Tier 4 includes office and research and development uses with at least 400,000 square feet of gross floor area.

Project tiers shall be calculated cumulatively for adjoining parcels with the same property owner or employer. For example, a phased project with three 150,000 square foot (Tier 3) office and research and development buildings shall cumulatively constitute a Tier 4 land use upon completion of all phases. Modifications to existing non-residential developments shall be required to comply with this Ordinance if the modification adds at least 100 daily trips.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.400.003 Requirements by Tier.

All projects subject to the requirements of this chapter, as indicated in Section 20.400.002 (“Applicability”), shall incorporate measures that have a demonstrable effect on reducing the number of vehicle trips generated. Measures shall be selected from the list described in Section 20.400.004 (“Trip Reduction Measures”) and shall achieve the total number of points required. Certain measures are required, but required measures vary by land use. Required points are intended to align with the approximate level of auto travel reductions to achieve consistency with City, regional, and State environmental goals based on applicable industry research. Requirements for each tier are as follows:

Tier 1 Requirements.

A total of 20 points; and

An annual self-certification form is required for the first five years after occupancy.

Tier 2 Requirements.

A total of 30 points; and

An annual self-certification form is required for the first 20 years after occupancy.

Tier 3 Requirements.

A total of 40 points; and

Annual monitoring to achieve a maximum of 60 percent of employees commuting via driving alone.

Tier 4 Requirements.

A total of 50 points;

Annual monitoring to achieve a maximum of 50 percent of employees commuting via driving alone; and

Annual monitoring of a site-specific trip cap.

A complete table of the points associated with each measure, detailed descriptions of each measure, and applicability of measures are available from the Planning Department. Previously approved projects would continue to be measured according to the performance standards specified in their respective conditions of approval.

(Ord. 1646 § 2, 2022)

§ 20.400.004 Trip Reduction Measures.

The following measures may be incorporated into a project’s Transportation Demand Management (TDM) program to meet its Tier requirements (see Section 20.400.003 (“Requirements by Tier”)). This section represents the menu of options, but not all items are required.

Participation in Commute.org or Transportation Management Association.

Sites that participate in Commute.org programs shall partner with Commute.org or join a Transportation Management Association (TMA) or other qualified shared transportation consortium with comparable TDM services, whose role is to coordinate transportation-related programs and services in specific geographic areas.

Office- and employment-based projects must satisfy the following components to satisfactorily implement this measure:

Obtain certification of participation with Commute.org, or equivalent program.

Provide commute assistance and ride-matching program.

Participate in or provide a dedicated shuttle program/consortium or equivalent transit service unless located within 0.5 miles of a Caltrain or BART station.

Provide Guaranteed Ride Home.

Supply orientation, education, and promotional programs and/or materials for tenants.

Transit Pass Subsidies and Pre-Tax Transit Benefits.

Employers shall offer public transit passes or subsidies equivalent to at least 50 percent of the cost of a monthly two-zone Caltrain pass, which shall be implemented through either a direct voucher program provided by the property manager, or through lease terms obligating employers at the site to provide said subsidies.

Passes/subsidies provided must be valid for public transportation options, including, but not limited to, BART, Caltrain, SamTrans, ferry, and vanpool subscription (or costs).

Subsidies shall be administered through a pre-tax transit benefit program allowing employees to fully fund their transit use with pre-tax dollars if they opt into the program.

Employers shall adhere to goals and policies by the Bay Area Air Quality Management District (BAAQMD), which requires employers with 50 or more employees within the air district region to provide commuter benefits and annual employer registration.

Funding contributions towards or participation in Commute.org shuttle program shall not count for this measure.

Carpool/Vanpool Programs and Parking. Employers or property managers shall provide carpooling and/or vanpooling options to facilitate shared work trips. Carpooling generally uses participants’ own automobiles, and vanpooling generally uses leased vans, often supplied by employers, non-profit organizations, car rental businesses, or government agencies. Carpool and vanpool programs shall include subsidies or other monetary incentives from employers (e.g., gas card after carpooling for a given amount of time, or parking subsidies for carpools), as well as ride-matching services to help facilitate these shared trips.

Bicycle Storage, Showers, and Lockers.

Employers and offices shall offer showers, changing rooms, and lockers to accommodate employees arriving by bicycle or other active transportation forms and employees who exercise during breaks.

Safe and convenient bicycle parking must be provided in accordance with Section 20.330.007 ("Bicycle Parking") which provides for two categories of bicycle parking:

Long-term (Class I) bicycle parking shall offer protection from weather and convenient access to and from the street, without the need to use stairs and with doorways and corridors that are sufficiently wide to navigate with a bicycle.

Short-term (Class II) bicycle parking shall be near pedestrian entries and may be in the public right-of-way (i.e., on sidewalks). Short-term bicycle parking may be used for visitors, couriers, or customers, typically for less than two hours.

Designated TDM Coordinator. Employers shall provide a TDM coordinator or contact person to provide oversight and management of the program’s implementation. The individual must either be an employee or contracted through a third-party provider. In addition, for sites leasing space to multiple employers or businesses, the TDM Coordinator designated by the property owner shall be responsible for providing lists of mandatory and optional measures to all individual businesses. Tenants should be obligated (via lease language) to provide a main point of contact for the Designated TDM Coordinator.

Bicycle and Pedestrian-Oriented Site Access. On-site circulation shall be designed to enable safe bicycle and pedestrian-oriented access for all users of all ages and abilities, increasing the overall capacity of the transportation network and improving pedestrian and cyclist safety and comfort. Examples include:

Non-motorized pathways internal to the project.

Orienting the project’s main entrance toward an active transportation or transit facility.

Minimizing site access barriers along paths of bicycle and pedestrian travel such as driveways, surface parking lots, loading docks, unmarked crosswalks, and meandering sidewalks.

Encourage Telecommuting and Flexible Work Schedules. Encourage employees to work remotely at least one day per week to reduce overall vehicle trips. When employees commute to work, encourage flexible work schedules that encourage travel outside of peak hours.

Paid Parking or Parking Cash-Out.

Motorists shall pay directly for using parking facilities (paid parking), or employers shall offer cash equivalents to the cost of leasing a parking space to employees who do not receive a parking permit (parking cash-out).

For paid parking, parking rates shall be at the market rate (minimum of five dollars per day) and not subsidized by property owners or employers.

If an employer provides free parking as a benefit to employees, they may instead offer “cash-out” in the form of the equivalent value of the parking space directly to an employee. If the employer leases parking, the cash-out amount shall be equivalent to the cost per space for the employer to lease parking for employees. If the employer owns and manages its own parking facilities, the cash-out value shall be determined based on market-rate parking at nearby locations.

Unbundled Parking.

Residents shall pay for a parking space separately from their rent or mortgage, and parking spaces shall not be deeded for condominium units.

Parking rates shall be established based on the prevailing market rate and shall not be subsidized by property owners or employers; however, rates for affordable units shall be prorated in proportion to their rent discounts. For condominiums with non-deeded spaces, the HOA shall collect parking fees separate from the standard HOA fee. Similarly, tenants in a multi-employer office or retail development pay for each parking space leased from the property that they provide as either an employee benefit or courtesy parking for guests.

One hundred percent of spaces shall be unbundled to qualify for this measure.

Shared Parking Approach. Mixed-use developments, particularly multi-tenant retail developments, shall establish a shared parking approach based on the most recent guidance from the Urban Land Institute’s Shared Parking Model to prevent an oversupply of parking. This measure may also be used in combination with Unbundled Parking for multi-building office and research and development uses with approval from the Chief Planner.

Enhanced Shuttle Commitment. In addition to regular participation in a Commute.org shuttle consortium or transportation management association, the applicant shall contribute additional funding or a supplemental shuttle service (open to the public) that consists of at least twice the standard contribution total (as determined by Commute.org or a TMA). Increased shuttle funding helps run service more frequently for a longer service span.

Active Transportation Gap Closure.

Pedestrian, bicycle, and micromobility connections shall be established from a project site to existing trails, bikeways, or adjacent streets beyond what is required in Chapter 20.310 (“Site and Buildings Design Standards”).

Contribution to off-site gap closures in the bicycle or pedestrian network that improve access to the Project is also eligible. This improves overall access not only for on-site employees or residents but also for other users in the area.

The point value of contributions will be calculated in conjunction with City Staff based on the usage and mode shift potential of the gap closure to the City’s overall bicycle and pedestrian network.

Fully Subsidized Transit Passes. The transit pass subsidy shall be expanded to cover 100 percent of typical transit costs for employees (up to the maximum IRS benefit for pre-tax commuter benefits).

Transit Capital Improvements.

Space shall be contributed on or adjacent to the project site for transit improvements or off-site transit improvements shall be funded.

Scoring for this measure will be tiered based on how many improvements are implemented from the following list:

Bus/Shuttle Stop (if warranted, including sidewalk connection and ADA accessibility).

Bus/Shuttle Shelter (including a covered waiting area seating and lighting).

Wayfinding signage.

Off-site improvements (such as bus-only lanes, transit signal priority, or queue jumps).

On-Site Pedestrian-Oriented Amenities.

Active, pedestrian-oriented commercial uses shall be provided on the ground floor designed to create more walkable and inviting areas.

Selected commercial uses shall promote a high level of customer use, promote pedestrian interest, and make the street visually appealing and engaging to pedestrians.

Developments shall have entrances to both the main location and commercial uses oriented along primary street frontages, and shall not be separated from sidewalks, bikeways, or walkways by parking lots.

Cash Reward Incentives. Employers shall incentivize employee commuting via walking, biking, and transit with cash rewards, such as a stipend for every non-auto trip made to promote and encourage the use of these modes.

On-Site Car-Share. Employers shall provide an on-site car-share program or vehicle fleet at employer sites.

Bicycle-share or Micromobility Program Participation. Employers shall provide an on-site bike share or micromobility fleet (i.e., bicycles, e-bikes, and scooters) to be rented at one location and returned to another.

Active Transportation Subsidies. Employers must either:

Provide an allowance for commuting via bicycling and walking at a comparable rate to transit subsidies; or

Provide bike share and micromobility services for first/last mile access to transit.

Bicycle Repair Station.

Employers shall offer a bicycle repair station including a toolkit and air pump within a designated secure area of a building to encourage bicycling and support employees and residents. Tools and supplies shall include those necessary for fixing a flat tire, adjusting a chain, and performing other basic bicycle maintenance.

Maintenance services may also be offered to each resident or employee at least once annually, covering basic services such as a tune-up and inspection at a local bicycle shop.

Affordable Housing. Employment projects must provide affordable housing on-site or residential projects that exceed inclusionary housing requirements to qualify as a mixed-use project.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.400.005 Submittal Requirements and Approvals.

Preliminary TDM Plan. A project shall submit its TDM documentation with its development application. Submittal requirements vary by project tier: Tier 1 and Tier 2 projects shall submit a TDM Checklist, while Tier 3 and Tier 4 projects shall submit a TDM Checklist and a TDM plan. Both TDM Checklists and TDM plans shall constitute an applicant’s minimum commitment toward a project’s TDM program and shall include the following:

TDM Checklist (Tier 1 and Tier 2 Projects). A completed TDM checklist of the trip reduction measures chosen by the applicant to achieve the applicable point total and performance requirement in accordance with Section 20.400.003 (“Requirements by Tier”) and Section 20.400.004 (“Trip Reduction Measures”).

TDM Plan (Tier 3 and Tier 4 Projects). Provide a completed TDM Checklist of trip reduction measures chosen by the applicant to achieve the applicable point total and performance requirement pursuant to Section 20.400.003 ("Requirements by Tier") and Section 20.400.004 ("Trip Reduction Measures"). Describe how the applicable performance requirements will be achieved and maintained over the life of the project.

Provide a site plan that designates trip reduction design elements consistent with measures identified in Section 20.400.004 (“Trip Reduction Measures”).

Provide a map identifying site access to nearby transit, bicycle, and pedestrian facilities including identification of any proposed improvement measures (includes new shuttle stops or pedestrian/bicycle improvements) consistent with measures identified in Section 20.400.004 (“Trip Reduction Measures”). Summarize the proposed monitoring practices as described in Section 20.400.006 (“Monitoring and Enforcement”).

Required Findings. Before approval of a permit for a project subject to the requirements of this chapter, the City shall make the following findings:

The proposed TDM program is feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation.

The proposed TDM program meets the points requirements indicated for the tier and land use of the project.

The TDM program is adequate to achieve the required performance measures (Tiers 3 and 4 only).

Final TDM Plan. The applicant shall submit the final TDM Checklist or TDM Plan including any conditions imposed by the City as part of the Building Permit or Business License processes. The Chief Planner shall review and approve the documentation to ensure all conditions imposed by the City have been addressed.

Tenant Concurrence Letter. Prior to approval of a Building Permit for tenant improvements or a Business License, tenants shall submit a letter demonstrating concurrence with the Final TDM Plan. The letter shall acknowledge how applicable TDM requirements are identified in their lease and summarize how the tenant is implementing applicable TDM measures. The City shall receive and review this letter to confirm the implementation of the proposed TDM program.

Modifications. The Chief Planner may approve modifications to the final TDM Checklist or TDM Plan that are consistent with the original findings and conditions and would result in achieving the performance targets.

Changed Plans. A change in an approved project that would add at least 100 daily trips shall be treated as a new application.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.400.006 Monitoring and Enforcement.

All projects are subject to the following performance monitoring process.

Initial Compliance Form. When applying for a certificate of occupancy, all projects must submit a compliance form to the Chief Planner documenting that the TDM program will be implemented before the site reaches 50 percent occupancy.

For Tier 3 and Tier 4 projects, the compliance form shall be accompanied by attachments that include, at minimum, a cover letter summarizing how individual measures will be implemented before the site reaches 50 percent occupancy, evidence of all capital and infrastructure measures through photographs, evidence of participation with Commute.org or an appropriate TMA, and identification of a TDM Coordinator.

Annual Compliance Form. All projects are required to prepare a compliance form documenting the continued implementation of TDM measures.

Tier 1 projects must submit a compliance form annually for the first five years after occupancy.

Tier 2 projects must submit a compliance form annually for the first 20 years after occupancy.

Tier 3 and 4 projects are required to submit a compliance form annually for the project’s lifespan.

Annual Mode Share Compliance Survey. In addition to the annual compliance form, all Tier 3 and Tier 4 projects are required to prepare an annual compliance survey.

Purpose. The purpose of the annual survey is to measure a project’s mode share compliance relative to the performance targets approved in the TDM Plan.

Survey Preparation and Administration. The City shall identify standard survey requirements for participants in the program. The survey shall be administered by the participant’s designated TDM Coordinator.

Response Rate. The annual survey shall achieve a minimum response rate of 75 percent of the employee population, or shall use statistical sampling techniques to achieve a 90 percent confidence level with a three percent margin of error in survey findings. If the response rate is less than 75 percent or if the 90 percent confidence level with a three percent margin of error is not achieved, missing responses shall be counted as drive-alone trips.

Required Performance Target. Survey findings shall identify whether the development has or has not achieved its required performance target. If the development has not achieved the required alternative mode use, the participant shall provide an addendum explanation of how and why the goal has not been reached and a detailed description of corrective measures that will be adopted in the coming year to attain the required performance target.

Submittal of Results. Survey findings shall be submitted to the City in a format as specified by the Chief Planner, accompanied by backup documentation and methodology of the original survey results.

City Review. The Chief Planner shall review all annual surveys and confirm compliance with required performance targets.

Annual Trip Cap Compliance. Annual trip counts are required for all Tier 4 projects.

Purpose. The purpose of the trip counts is to measure a project’s compliance relative to the trip cap approved in the TDM Plan.

Count Preparation and Administration. Vehicle counts shall be conducted over a period of one week during which school is in session. Counts shall be administered by an independent vendor paid for by the participant.

Submittal. Annual counts shall be included with the annual survey results in a format specified by the Chief Planner, and shall include total average weekday trips, as well as average a.m. and p.m. peak period, peak direction trips (6:00 a.m through 10:00 a.m. trips in and 3:00 p.m. through 7:00 p.m. trips out, respectively).

Midday Parking Occupancy Survey. All Tier 3 and Tier 4 projects shall prepare a midday parking occupancy survey every three years. The parking occupancy survey shall only be for informational purposes and not be associated with a performance target.

Penalty for Noncompliance. If the required performance targets are not being achieved, or if the participant fails to submit required monitoring documentation, the following penalties shall apply:

First Violation. The City will direct the participant to modify its TDM program to achieve compliance. Modifications are likely to include adding or modifying TDM measures to increase mode shift.

Second Violation. The City will direct the participant to coordinate with Commute.org or retain an independent consultant to identify additional program modifications to achieve compliance. Modifications are likely to include adding or modifying TDM measures to increase mode shift.

Third Violation. The City may assess a penalty per the approved fee schedule. Penalties shall be assessed for each additional violation in subsequent years. The City Council shall, in a resolution adopted after a duly noticed public hearing, set forth the amount of the fine, describe the need for the fine, describe the reasonable relationship between the fine and the effect of noncompliance, and set forth time for calculation and payment of the fine.

Appeal of Penalty. The participant may appeal the decision to assess a penalty to the Chief Planner. In determining whether a financial penalty is appropriate, the City may consider whether the participant has made a good faith effort to achieve the required alternative mode use.

Program Costs. Participants shall be required, as a condition of approval, to reimburse the City for costs incurred in maintaining and enforcing the trip reduction program for the approved project.

(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)

§ 20.410.001 Purpose and Intent.

It is the purpose and intent of this chapter to permit and regulate commercial cannabis manufacturing, testing, distribution, indoor cultivation, and delivery uses and to preclude the outdoor cultivation of cannabis, and to preclude the opening, establishment, and/or operation of microbusinesses and storefront cannabis retail establishments, including medical cannabis cooperatives and collectives, in the City. Nothing in this chapter is intended to authorize the cultivation, possession, or use of cannabis in violation of state or federal law. This chapter acknowledges that commercial cannabis activity is illegal under federal law while granting limited immunity from local prosecution to those medical and nonmedical cannabis activities that do not violate the restrictions and limitations set forth in this section or California law.

(Ord. 1442 § 2, 2011; Ord. 1548 § 2, 2017; Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.002 Definitions.

The words and phrases included in this section shall have the following meanings, unless it is clearly apparent from the context that another meaning is intended:

means a permit issued by the City pursuant to this chapter for the operation of a commercial cannabis business allowed by this chapter within the City.

“Cannabis retail establishment” or “storefront cannabis retail establishment”

means a dispensary, operator, individual, establishment, provider, association or similar entity that operates out of a fixed location that it is open to the public and offers, dispenses, sells, exchanges, makes available, either individually or in any combination, cannabis or cannabis products to customers, patients, or primary caregivers pursuant to State law. For the purposes of this chapter, cannabis retail establishment and storefront cannabis retail establishment do not include delivery-only operations as defined by this chapter.

“Closed-loop system”

means a method of extracting cannabinoids and tetrahydrocannabinol (“THC”) from cannabis plant material in a sealed environment. The method involves the use of specific equipment, including tanks with attached tubes, recovery tanks, refrigerant scales and pumps, and recovery pumps in order to create more efficient extraction and confine flammable solvents to a closed environment and decrease the risk of explosion.

“Commercial cannabis uses”

means any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), including, but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. Commercial cannabis uses also means any cannabis activity licensed pursuant to additional State laws regulating such businesses. Commercial cannabis uses shall not include cannabis activities carried out exclusively for one’s personal use that does not involve commercial activity or sales.

“Delivery-only”

means a commercial cannabis use that involves the transfer of cannabis or cannabis products from a fixed location that is not open to the public to a customer at a fixed address specified by the customer pursuant to the applicable state cannabis license.

“Delivery vehicle”

means a manned vehicle meeting all requirements in State laws and regulations used in the commercial transfer of cannabis or cannabis products from a fixed location to a fixed address specified by a customer.

“Distribution”

means the procurement, sale, and transport of cannabis and cannabis products between State cannabis licensees.

“Indoor commercial cannabis cultivation”

means cultivation of cannabis for commercial purposes within a fully enclosed, permanent, secure structure. Indoor commercial cannabis cultivation only includes cultivation that exclusively uses artificial lighting as licensed pursuant to State law. For the purposes of this chapter, indoor commercial cultivation does not include cultivation that is legally conducted pursuant to federally-regulated scientific research.

“Manufacturing”

means producing, preparing, propagating, blending, or compounding cannabis or cannabis products either directly or indirectly or by extraction methods, infusion methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, or otherwise making or preparing cannabis products.

“Microbusiness”

means a commercial cannabis establishment engaged in the cultivation of cannabis on an area less than 10,000 square feet and possesses multiple permits to act as a licensed distributor, manufacturer that uses nonvolatile solvents or no solvents, and/or retailer under Division 10 of the California Business and Professions Code.

“Nonvolatile solvents”

means a solvent that is not or does not produce a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.

“Operator”

means a natural person or entity responsible for the direction, control, management, operation of any State-licensed and locally-permitted commercial cannabis use.

“Owner”

means each person or entity having an ownership interest in or a financial interest in, a commercial cannabis business.

“Pre-clearance” or “pre-cleared”

means the process by which an applicant for a cannabis operator permit is authorized to seek a conditional use from the Planning Commission. If staff determines that an applicant meets the minimum qualifications and the operator permit application complies with all of the requirements outlined in this chapter, said operator permit application will be granted pre-clearance and the applicant will be authorized to seek a conditional use permit from the Planning Commission. Valid operator permits will only be issued after an applicant successfully obtains a conditional use permit from the Planning Commission.

“Testing”

means performing scientific analysis of cannabis or cannabis products to determine its chemical profile, the presence of contaminants, or other similar scientific or compositional information as a commercial enterprise.

“Volatile solvent”

means volatile organic compounds, including, but not limited to: (1) explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as methanol, methylene chloride, acetone, benzene, toluene, and tri-chloroethylene as determined by the Fire Marshal.

(Ord. 1442 § 2, 2011; Ord. 1548 § 2, 2017; Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.003 Cannabis Retail Establishments, Microbusinesses, and Outdoor Cultivation Prohibited.

Storefront Prohibited. A storefront cannabis retail establishment is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a storefront cannabis retail establishment within the City. This prohibition shall not apply to a delivery-only retail cannabis operation operating under an issued state cannabis license for retailers.

Microbusiness Prohibited. A microbusiness is not a permitted use and is prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a cannabis microbusiness within the City.

Outdoor Cultivation. All outdoor cultivation of cannabis is prohibited in the City. The prohibition on outdoor cultivation of cannabis applies to cultivation of cannabis for any reason, including, but not limited to, personal, medical or commercial use. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of an outdoor cannabis cultivation site within the City.

Public Nuisance. The establishment, maintenance or operation of a storefront cannabis retail establishment, microbusiness, or the outdoor cultivation of cannabis within the City is declared to be a public nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions.

(Ord. 1442 § 2, 2011; Ord. 1548 § 2, 2017; Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.004 Indoor Commercial Cannabis Cultivation.

Indoor commercial cannabis cultivation is permitted in the City subject to the following requirements:

Zones Where Permitted. Indoor commercial cannabis cultivation shall not be permitted anywhere in the City except east of Highway 101 in the following zoning districts: Business Commercial (BC), Business Technology Park (BTP), Bay West Cove Specific Plan District (BWCSPD), Gateway Specific Plan (GSPD), Mixed Industrial (MI), and Oyster Point Specific Plan District (OPSD).

Conditional Use Permit Required. Indoor commercial cannabis cultivation is only permitted in the zoning districts specified above with a conditional use permit approved by the Planning Commission.

Distance Requirements. Indoor commercial cannabis cultivation sites must be located in the zoning districts listed in subsection A. Indoor commercial cannabis cultivation must also be located a minimum of 600 feet from residential uses, schools, day care centers and youth centers. The terms “school,” “day care center,” and “youth center” shall have the same meaning as in State laws related to cannabis.

Operational Requirements.

Operator Permits. All indoor commercial cannabis cultivation operations must obtain and maintain a valid operator permit issued by the City pursuant to Section 20.410.009 prior to commencing any commercial cannabis activity for which a State cannabis license is required.

Compliance with Law. All indoor commercial cannabis cultivation activities must be conducted in accordance with all applicable State laws and regulations, as may be amended from time to time, and all applicable local laws and regulations.

Visibility. All cannabis, cannabis by-products, and any aspect of indoor cannabis cultivation activities that indicate the type of product(s) being cultivated shall not be visible from a public right-of-way and/or exterior of a structure.

Odor Control. Operators must install and maintain, in good working-order, air treatment or other ventilation systems to prevent odors generated from the cultivation of cannabis from being detected within 10 feet of the structure in which commercial cannabis cultivation occurs.

Labeling. All finished cannabis products must be labeled in compliance with applicable State laws and regulations.

Artificial Lighting. All commercial cultivation activities must be conducted exclusively using artificial lighting as licensed pursuant to State law.

Permanent Structures Only. All commercial cultivation activities must be conducted inside permanent, secure structures and may not be conducted in greenhouses, hoop houses, temporary or other similar structures, including, but not limited to, tents or modular sheds.

Quality Control Personnel. All indoor commercial cannabis cultivation sites must employ at least one full-time quality assurance compliance monitor who shall not hold a commercial cannabis license or have an ownership interest in a commercial cannabis licensee or the premises of a commercial cannabis licensee.

Renewable Energy Requirements. All indoor commercial cannabis cultivation operations must satisfy all electrical needs for the operation from renewable energy sources.

Security Plan Requirements for Indoor Commercial Cannabis Cultivation Sites. All indoor commercial cannabis cultivation sites must implement and maintain a security plan and surveillance system that complies with the requirements outlined in Section 20.410.010 herein.

Fire Safety Plan Requirements. All indoor commercial cannabis cultivation sites must comply with the provisions of a fire safety plan ensuring compliance with all applicable Fire Code and Building Code requirements prepared by a third-party engineer and approved by the City.

Liquid or Solid Wastes. Operators shall not discharge liquids and solids of any kind, whether directly or indirectly, into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the California Regional Water Quality Control Board.

Operating Agreement. The City shall require indoor commercial cannabis cultivation operations to enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.

(Ord. 1548 § 2, 2017; Ord. 1554 § 2, 2018)

§ 20.410.005 Commercial Cannabis Manufacturing.

Commercial cannabis manufacturing is permitted in the City subject to the following requirements:

Zones Where Permitted. Commercial cannabis manufacturing activity shall not be permitted anywhere in the City except east of Highway 101 in the following zoning district: Mixed Industrial (MI).

Conditional Use Permit Required. Commercial cannabis manufacturing activity is only permitted in the zoning districts specified above with a conditional use permit approved by the Planning Commission.

Distance Requirements. Commercial cannabis manufacturing sites must be located in the zoning districts listed in subsection A. Commercial cannabis manufacturing must also be located a minimum of 600 feet from residential uses, schools, day care centers and youth centers. The terms “school,” “day care center” and “youth center” shall have the same meaning as in State laws related to cannabis.

Operational Requirements.

Operator Permits. All cannabis manufacturing operations must obtain and maintain a valid operator permit issued by the City pursuant to Section 20.410.009 prior to commencing any commercial cannabis activity for which a State cannabis license is required.

Compliance with Law. All cannabis manufacturing activities must be conducted in accordance with all applicable State laws and regulations, as may be amended from time to time, and all applicable local laws and regulations.

Visibility. All cannabis, cannabis products, and any aspect of the manufacturing of cannabis that indicates the type of product(s) being manufactured inside shall not be visible from the public right-of-way, exterior of the structure, and/or vehicle(s) where those commercial cannabis activities take place.

Odor Control. Operators must install and maintain, in good working-order, air treatment or other ventilation systems to prevent odors generated from the manufacture of cannabis and cannabis products from being detected within 10 feet of the structure in which commercial cannabis activity occurs.

Volatile Solvent Extraction. If a manufacturing process utilizes volatile solvents, then it is only permitted if it is conducted exclusively within a closed-loop system that meets all of the following requirements:

The system uses only solvents that are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.).

The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process.

A licensed engineer certifies that the system was commercially manufactured, safe for its intended use, and built to codes of recognized and accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).

The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified and such document is provided to the City.

Quality Control Personnel. All commercial cannabis manufacturing sites must employ at least one full-time quality assurance compliance monitor who shall not hold a commercial cannabis license or have an ownership interest in a commercial cannabis licensee or the premises of a commercial cannabis licensee.

Standard Operating Procedures. All commercial cannabis manufacturing sites must establish standard operating procedures and batch records that comply with current best manufacturing practices and applicable State laws and regulations.

Labeling. All finished cannabis products must be labeled in compliance with applicable State laws and regulations.

Child-Resistant Packaging. All cannabis products must be packaged in child-resistant containers prior to leaving the commercial manufacturing site in compliance with applicable State law and regulations.

Security Plan Requirements for Cannabis Manufacturing Sites. All commercial cannabis manufacturing sites must implement and maintain a security plan and surveillance system that complies with the requirements outlined in Section 20.410.010 herein.

Fire Safety Plan Requirements. All commercial cannabis manufacturing sites must comply with the provisions of a fire safety plan ensuring compliance with all applicable Fire Code and Building Code requirements prepared by a third-party engineer and approved by the City.

Operating Agreement. The City shall require commercial cannabis manufacturing operations to enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.

(Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.006 Cannabis Testing Operations.

Commercial cannabis testing is permitted in the City subject to the following requirements:

Zones Where Permitted. Commercial cannabis testing activity shall not be permitted anywhere in the City except east of Highway 101 in the following zoning districts: Business Commercial (BC), Business Technology Park (BTP), Bay West Cove Specific Plan District (BWCSPD), Gateway Specific Plan (GSPD), Mixed Industrial (MI), and Oyster Point Specific Plan District (OPSD).

Conditional Use Permit Required. Commercial cannabis testing activity is only permitted in the zoning districts specified above with a conditional use permit approved by the Planning Commission.

Distance Requirements. Commercial cannabis testing sites must be located in the zoning districts listed in subsection A. Commercial cannabis testing sites must be located a minimum of 600 feet from residential uses, schools, day care and youth centers.

Operational Requirements.

Operator Permits. All cannabis testing operations must obtain and maintain a valid operator permit issued by the City pursuant to Section 20.410.009.

Compliance with Law. All cannabis testing activities must be conducted in accordance with all applicable State laws and regulations, as may be amended from time to time, and all applicable local laws and regulations.

Visibility. All cannabis, cannabis products, and any aspect of the testing of cannabis that indicates the type of product(s) being tested inside shall not be visible from the public right-of-way, exterior of the structure, and/or vehicle(s) where those commercial cannabis activities take place.

Odor Control. Operators must install and maintain, in good working-order, air treatment or other ventilation systems to prevent odors generated from the testing of cannabis and cannabis products from being detected within 10 feet of the structure in which commercial cannabis activity occurs.

Quality Control Personnel. All commercial cannabis testing sites must employ at least one full-time quality assurance compliance monitor who shall not hold a commercial cannabis license or have an ownership interest in a commercial cannabis licensee or the premises of a commercial cannabis licensee.

Testing Procedures. All testing activities must be conducted in accordance with industry-best practices and applicable State laws and regulations.

Testing Devices. All testing devices used at a testing site must be UL listed, or its equivalent, or be otherwise approved for its intended use by the City’s Building Official, Fire Department or other person as designated by the Chief Planner.

Accreditation Notification. All testing sites must maintain proper accreditation where applicable and must notify the Chief Planner, or designee, and the State Department of Public Health within one business day after the receipt of notice that the facility’s accreditation has been denied, suspended, or revoked.

Security Plan/Surveillance System. All commercial testing sites must implement and maintain a security plan and surveillance system that complies with the requirements outlined in Section 20.410.010 herein.

Fire and Safety Plan Requirements. All commercial testing sites must comply with the provisions of a fire safety plan ensuring compliance with all applicable Fire Code and Building Code requirements prepared by a third-party engineer and approved by the City.

Operating Agreement. The City shall require commercial cannabis testing operations to enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.

(Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.007 Cannabis Distribution Operations.

Cannabis distribution operations are permitted in the City subject to the following requirements:

Zones Where Permitted.

Distribution Permitted. Cannabis distribution operations are permitted to distribute to other properly licensed and permitted commercial cannabis operations throughout the City and to other jurisdictions where such activities are permitted.

Distribution Facility. Fixed locations for distribution facilities are prohibited everywhere in the City except east of Highway 101 in the following zoning district: Mixed Industrial (MI).

Conditional Use Permit Required. Distribution facilities are only permitted in the zoning districts specified above with a conditional use permit approved by Planning Commission.

Distance Requirements. Cannabis distribution operation sites must be located a minimum of 600 feet from residential uses, schools, day care and youth centers.

Operational Standards.

Scope of Permitted Service.

Types of Services. Operators may provide storage-only services, storage and distribution services, and/or distribution-only services.

Types of Customers. Operators may only provide the services outlined in subsection (D)(1)(a) to properly licensed and permitted cultivators, manufacturers, testers, retailers, or other distributors.

Operator Permits. All cannabis distribution operations must obtain and maintain a valid operator permit issued by the City pursuant to Section 20.410.009.

Compliance with Law. All cannabis distribution activities must be conducted in accordance with all applicable State laws and regulations, as may be amended from time to time, and all applicable local laws and regulations.

Visibility. All cannabis, cannabis products, and any aspect of the distribution of cannabis that indicates the type of product(s) being distributed shall not be visible from the public right-of-way, exterior of the structure, and/or vehicle(s) where those commercial cannabis activities take place.

In-Transit Requirements.

Distribution vehicles may only travel between the distribution facility location and the drop-off destinations while transporting cannabis and/or cannabis products.

Only operators and/or employees of operators may be present in the distribution vehicles while transporting cannabis or cannabis products.

All drivers shall carry valid identification and proof of employment at a permitted distribution facility.

All drivers shall carry an inventory log of cannabis and cannabis products being transported with the name and address of the ultimate destination for each unit of cannabis inventory.

Vehicle Registration with City Police Department. All distribution vehicles must be registered with the City Police Department.

Fire Safety Plan. All commercial distribution facility sites must comply with the provisions of a fire safety plan ensuring compliance with all applicable Fire Code and Building Code requirements prepared by a third-party engineer and approved by the City.

Recordkeeping Requirements. Operators shall keep and maintain the following records:

All distribution vehicle maintenance records.

All distribution vehicle ownership records.

All shipping manifests for completed and in-transit deliveries.

A contemporaneous inventory log.

Distribution log including location, time and driver.

Quality-assurance details for all cannabis and cannabis products stored and/or delivered by operator.

A log of any destruction or loss of any cannabis and/or cannabis products.

These records may be inspected by any officer of the City as permitted by law. Whenever possible, the inspection shall be conducted at a time and in a manner that minimizes any interference with the operation of the business.

These records are not maintained nor kept by the City. To the extent that any of these records come into the custody of the City, they shall be exempt from public disclosure in accordance with applicable law.

Security Plan/Surveillance System Requirements.

Security at Distribution Facility. All commercial distribution facility sites must implement and maintain a security plan and surveillance system that complies with the requirements outlined in Section 20.410.010 herein.

Security in Distribution Vehicles. All commercial distribution vehicles must comply with the following security requirements:

All cannabis and cannabis products shall be stored in a lockbox that is permanently secured to the vehicle during transport.

All distribution vehicles shall include video and audio monitoring equipment that retains recordings for 30 days, has date and time stamped recordings, and video overlays that indicate which vehicle the recording is from.

All distribution vehicles shall include cellular technology-based panic buttons or other emergency alert devices.

All distribution vehicles shall be tracked by GPS locators that are monitored at the fixed distribution facility and retain logs of GPS locations for one year.

All distribution vehicles must be plainly marked and not include any overt or obvious indications of the products being distributed.

Operating Agreement. The City shall require commercial cannabis distribution operations to enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.

(Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.008 Delivery-Only Operations.

Delivery-only operations are permitted in the City subject to the following requirements:

Zones Where Permitted.

Delivery Permitted. Commercial delivery of cannabis to a fixed address within City limits is permitted throughout the City except at the following locations: schools, day care centers, youth centers, public parks and open space, public buildings, eating or drinking establishments. All deliveries must be to a fixed address.

Fixed Delivery-Only Business Locations Permitted. Fixed locations for delivery-only cannabis businesses are prohibited everywhere in the City except east of Highway 101 in the following zoning districts: Business Commercial (BC), Business Technology Park (BTP), and Mixed Industrial (MI).

Conditional Use Permit Required. Fixed locations for delivery-only cannabis businesses are only permitted in the zoning districts specified above with a conditional use permit approved by Planning Commission.

Distance Requirements. Fixed delivery-only cannabis businesses shall be sited a minimum of 600 feet from residential uses, schools, day care centers and youth centers.

Operational Standards.

Operator Permits. All delivery-only cannabis operations must obtain and maintain a valid operator permit issued by the City pursuant to Section 20.410.009.

Compliance with Law. All delivery-only cannabis activities must be conducted in accordance with all applicable State laws and regulations, as may be amended from time to time, and all applicable local laws and regulations.

Visibility. All cannabis, cannabis products, and any aspect of the delivery of cannabis that indicates the type of product(s) being delivered shall not be visible from the public right-of-way, exterior of a structure, and/or vehicle(s) where those commercial cannabis activities take place.

All fixed locations for delivery-only operations must comply with the provisions of a fire safety plan ensuring compliance with all applicable Fire Code and Building Code requirements prepared by a third-party engineer and approved by the City.

Security in Vehicle.

All cannabis and cannabis products shall be stored in a lockbox that is permanently secured to the vehicle during transport.

All delivery vehicles shall include video and audio monitoring equipment that retains recordings for 30 days, has date and time stamped recordings, and video overlays that indicate which vehicle the recording is from.

All delivery vehicles shall include cellular technology-based panic buttons or other emergency alert devices.

All delivery vehicles shall be tracked by GPS locators that are monitored at the fixed delivery-only cannabis business location and retain logs of GPS locations for one year.

All delivery vehicles must be plainly marked and not include any overt or obvious indications of the products being distributed.

Security at Delivery-Only Business Locations. All delivery-only business location sites must implement and maintain a security plan and surveillance system that complies with the requirements outlined in Section 20.410.010 herein.

In-Transit Requirements.

Delivery vehicles may only travel between the delivery business locations and drop-off destinations while transporting cannabis and/or cannabis products.

Deliveries are only permitted during the hours specified under State law and/or regulations.

Only operators and/or employees of operators may be present in the delivery vehicle while transporting cannabis or cannabis products.

All drivers shall carry valid identification and proof of employment at a permitted delivery facility.

All drivers shall carry an inventory log of cannabis and cannabis products being transported.

Vehicle Registration with City Police Department. All delivery vehicles must be registered with the City Police Department.

Recordkeeping Requirements. Operators shall keep the following records:

All delivery vehicle maintenance records.

All delivery vehicle ownership records.

All shipping manifests for completed and in-transit deliveries.

A contemporaneous inventory log.

Delivery log including location, time and delivery driver.

Quality-assurance details for all cannabis and cannabis products stored and/or delivered by operator, destruction or loss of any cannabis and/or cannabis products.

Operating Agreement. The City shall require delivery-only operations to enter into an operating agreement with the City, pursuant to Section 20.410.009 herein.

(Ord. 1551 § 2, 2018)

§ 20.410.009 Operator Permit Requirements.

Operator Permit Required. No person shall engage in commercial cannabis activity or operate a commercial cannabis business pursuant to this section without possessing a valid operator permit from the City and without possessing all other approvals or licenses that may be required pursuant to State law and regulations.

Additional permits or entitlements may be required depending on construction or improvements necessary for a building or site.

Regardless of the number of sites zoned for commercial cannabis operations in the City, the total number of commercial cannabis operator permits granted for each State license type may be established or limited by City Council Resolution.

The City may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this section, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the South San Francisco Municipal Code, or any other local, State or Federal law.

No property interest, vested right, or entitlement to receive a future permit to operate a commercial cannabis use shall ever inure to the benefit of such operator permit holder, as such permits are revocable. Operator permits issued pursuant to this section are specific to the operator, do not run with the land and are not transferable.

Permit Types. Prior to engaging in any commercial cannabis business, individuals must obtain an operator permit from the City corresponding to the category of activity or enterprise. The following permit types are available in the City:

Commercial cannabis manufacturing.

Commercial testing permit.

Indoor commercial cannabis cultivation permit.

Commercial cannabis distribution permit.

Commercial cannabis delivery-only permit.

Operator/Permit Holder Qualifications. All operator permit holders must meet the following minimum qualifications. The City reserves the right to require additional qualifications through the operator permit application procedures.

Operator permit holders and all employees and agents of said commercial cannabis business must be 21 years of age or older.

Operator permit holders and all employees and agents of said commercial cannabis business shall be subject to a background search by the California Department of Justice and local law enforcement.

Operator permits for commercial cannabis uses shall not be issued to any operators who have been convicted of a violent felony or any operators that have employees or agents that have been convicted of a violent felony. In addition, permits for commercial cannabis uses shall not be issued to operators (or operators that have employees or agents) who have been convicted of crimes (whether felony or misdemeanor) that involve crimes of moral turpitude.

Operator permit holders must meet the minimum qualifications established by this chapter and by the State for the applicable State license type.

Operator Permit Application. Applicants must submit applications to the Finance Director. Any confidential information submitted by applicants pursuant to this Section shall be marked as such. Confidential information submitted to the City may be withheld from public disclosure in accordance with applicable law. Applications shall include, at a minimum, the following:

Business Operators’ Information. All necessary information related to the business operator, including names, birth dates, addresses, social security numbers, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last 10 years, investor and/or partner information, and Assessor Parcel Number (APN) number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual’s privacy interests and public health and safety.

Payment of Application Fee. Applicants shall submit the application fee amount with their applications.

Property Owner Permission. Written (and notarized) permission from the property owner and/or landlord to operate a commercial cannabis use on the site.

Completed Business License Application. Each applicant shall submit proof that either the City has issued the applicant a business license or proof that the applicant has submitted a City business license application.

Volatile Solvent Closed-Loop System. If applicant is proposing a cannabis manufacturing operation utilizing volatile extraction, then plans for a closed-loop system certified and stamped by a professional engineer must be submitted.

Employee Roster. Each application shall submit an employee roster with the names and birth dates of each proposed employee of the operation with a signed authorization from each such employee authorizing the City to conduct a background check.

Operating Plan. Each application shall submit a detailed operating plan identifying the features of the proposed business.

Security plan as required under Section 20.410.010.

Site Plans. Each application shall submit a detailed site plan identifying the layout and configuration of the proposed operation, as well as any proposed improvements to the site.

Proof of Notice. Applicants must provide notice to properties and property owners within 300 feet of the boundaries of the property upon which the commercial cannabis business is proposed at least 15 days prior to submission of an application for a permit and must include proof of such notice with the operator permit application.

Air Quality. The applicant shall provide a calculation of the businesses anticipated emissions of air pollutants. The applicant shall also provide assurance that the business will comply with all rules identified by the Bay Area Quality Management District. No operator permit shall be issued to any business that would exceed the thresholds of significance established by the Bay Area Quality Management District for evaluating air quality impacts under the California Environmental Quality Act for either operation or construction. Applicants are encouraged to design their project so as to minimize or avoid air pollutant emissions.

Greenhouse Gas Emissions. The applicant shall provide calculations of the anticipated greenhouse gas emissions for the operation of the business. The applicant shall further demonstrate compliance with any applicable State, regional, or local plan for the reduction of greenhouse gas emissions. No operator permit shall be granted for any business that would violate any State, regional, or local plan for the reduction of greenhouse gases, nor shall any cannabis permit be issued where the construction and/or operation of the business would exceed any applicable threshold of significance for greenhouse gas emissions under the California Environmental Quality Act.

13.

Hazardous Materials. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all Federal, State, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any Federal, State, or local laws or regulations intended to protect human health or the environment from exposure to such substances.

14.

Water Supply. The applicant shall demonstrate to the satisfaction of the City Engineer that sufficient water supply exists for the use. To the extent any proposed use intends on relying on groundwater supplies, the applicant shall demonstrate to the satisfaction of the City Engineer that the use will not result in net groundwater depletion.

15.

Wastewater. The applicant shall demonstrate to the satisfaction of the City Engineer that sufficient wastewater capacity exists for the proposed use. To the extent the proposed use will result in agricultural or industrial discharges to the City’s wastewater system, the applicant shall provide a plan for meeting all Federal, State, and local requirements for such discharges. A Waste Water Management Plan shall be submitted identifying the amount of wastewater, excess irrigation and domestic wastewater anticipated, pre-treatment method (when applicable), as well as disposal method.

16.

Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the South San Francisco Municipal Code pertaining to the establishment and operation of the commercial cannabis use, including, but not limited to, the provisions of this section. The affidavit(s) shall acknowledge that the approval of the operator permit shall, in no way, permit any activity contrary to the South San Francisco Municipal Code, or any activity which is in violation of any applicable laws.

17.

Signed Indemnity Provision. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this chapter shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, operators shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of South San Francisco, the South San Francisco City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “City”) from any liability, damages, costs, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, prosecutions for violations of State or Federal law, or judgments (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “action”) caused, in whole or in part, by operator’s operation of a commercial cannabis business in the City or associated with any action against the City to attack, set aside, void or annul, any cannabis-related approvals and/or determinations. The City may elect, in its sole discretion, to participate in the defense of said action, and the operator shall reimburse the City for its reasonable legal costs and attorneys’ fees. Operators shall be required to agree to the above obligations in writing and submit said writing as part of the operator permit application.

Permit Issuance, Validity, Rejection of Application, Revocation, Suspension, Renewal and Transfer.

Cannabis Operator Permit Issuance. Cannabis operator permits shall require approval of Finance Director or designee. Permit applicants must meet all operator and application requirements to be considered for permit issuance.

Cannabis operator permits shall be valid for one year from the date of issuance.

The City shall not issue any cannabis operator permit until the necessary State license(s) is obtained.

No cannabis operator permit holder may be issued until the applicant obtains a conditional use permit from the Planning Commission.

No cannabis operator permit shall be issued until the operator has paid all required fees and applicable local and state taxes. Cannabis operator permit fees shall be set by resolution of the City Council.

Operator Permit Issuance Procedure. The Finance Director, or designee, may design application forms and procedures specific to each permitted license type and require inspections of proposed facilities before issuing a permit under this chapter.

Applications shall be reviewed by City staff, as designated by the Finance Director for completeness, sufficiency, and consistency with minimum qualifications. Applicants failing to meet minimum qualifications or application requirements will not be permitted to seek a conditional use permit from the Planning Commission.

Relevant City staff will engage in an inspection of the site and all delivery vehicles to ensure compliance with the requirements of this chapter.

If staff determines that an applicant meets the minimum qualifications and the application complies with all of the requirements outlined in subsection D of this section and other applicable provisions of this chapter, said operator permit application will be granted pre-clearance and the applicant will be authorized to seek a conditional use permit from the Planning Commission. The applicant must seek a conditional use permit within one year from the date pre-clearance is issued. If an applicant has not sought a conditional use permit within the one-year period, the applicant’s pre-clearance status will expire and a new application will have to be submitted in order to seek a conditional use permit. The Finance Director may, in his or her sole discretion, extend an applicant’s pre-clearance status if the Finance Director determines that there is a reasonable basis for the delay and the information contained in the initial application is still accurate.

If a pre-cleared applicant successfully obtains a conditional use permit from the Planning Commission, the applicant will be issued an operator permit. If a pre-cleared applicant fails to obtain a conditional use, the City will not issue that applicant an operator permit. Conditional use permits issued for cannabis commercial operations are valid for a maximum of five years.

Rejection of Applications/Revocation or Suspension of Operator Permit. The Finance Director, or designee, has the authority and discretion to reject, suspend or revoke any application or permit. Applicants providing false or misleading information in the permitting process will result in rejection of the application and/or nullification or revocation of any issued permit. Grounds for rejection of application or suspension/revocation of permit, include, but are not limited to:

Providing incomplete, late, or unresponsive applications.

Making false or misleading statements to the City.

Any owner, employee, or agent having been convicted of a violent felony or crime of moral turpitude.

Any owner has had a cannabis-related license or approval revoked from another jurisdiction.

Failure to comply with any provisions of this chapter, the Zoning Code, State law, or any other applicable laws or regulations.

Unpaid fees, fines, or administrative penalties.

Facts or circumstances exist which indicate that the operation does or would very likely constitute a threat to public health, safety and/or welfare.

Failure to obtain the necessary planning approvals or revocation of said planning approval in accordance with this chapter and the Zoning Code.

The operation as proposed would violate any provision of State or local laws or regulations.

Failure to implement and maintain a Security Plan in conformance with Section 20.410.010.

Failure to implement and maintain a Fire Safety Plan in conformance with this chapter.

The applicant has engaged in unlawful, fraudulent, unfair or deceptive business acts or practices.

The applicant’s State license for commercial cannabis operations is suspended or revoked. The City shall not reinstate the permit until documentation is received showing that the State license has been reinstated or reissued. It shall be up to the City’s discretion whether the City reinstates any permit.

State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the Federal government will commence enforcement measures against such businesses and/or local governments that permit them.

Renewal. Operators must renew operator permits each year to continue operating in the City. The Finance Director shall have the authority and discretion to design renewal application procedures. Any renewal application shall require a site and vehicle inspection and submission of all of the information specified in subsection D of this section and approval of said application in accordance with the provisions of this chapter.

Transfer. Operator permits are personal to the operator and are non-transferrable. In the event that an operator sells, disposes of or otherwise conveys a cannabis business in the City, the purchaser or successor-in-interest shall obtain a new operator permit from the City prior to commencing operations. Purchasers and/or successors-in-interest are not required to obtain new conditional use permits for existing cannabis businesses provided that the transfer of the business occurs during the five-year term of the conditional use permit.

Operating Agreement. The City shall require an operating agreement as a condition of receiving an operator’s permit. Such operating agreement shall set forth the terms and conditions under which the commercial cannabis activity will operate, that are in addition to the requirements of the South San Francisco Municipal Code. The terms and conditions may include, but are not limited to, the payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare and mitigate negative impacts of such use.

Appeals. Applicants/operators may appeal the denial, suspension or revocation of a cannabis operator permit by filing a written notice of appeal with the City Manager or designee within 10 days after receipt of a denial or order of suspension or revocation from the Finance Director. The City Manager or designee shall hold a hearing within 30 days of receiving the request for appeal where the applicant and the City may present evidence regarding the denial, suspension or revocation of the permit. The City Manager or designee shall render his or her decision in writing on the appeal within 45 days after the date of the hearing. Said decision shall be final and no appeal may be taken to the City Council.

(Ord. 1551 § 2, 2018; Ord. 1554 § 2, 2018)

§ 20.410.010 Commercial Cannabis Operation Security Requirements.

Approval of Security/Surveillance Plan. All applicants for commercial cannabis operator permits must submit a security plan demonstrating compliance with the provisions of this section. Prior to the issuance of any permit, the Chief of Police, or designee, must approve the security plan. Said plan must, in the Chief’s determination, demonstrate the applicant’s ability to operate a safe operation that does not encourage criminal activity and prevents the theft or diversion of cannabis.

Mandatory Elements of the Security Plan. To be eligible for approval, the security plan must provide for all of the following components:

Minimum Building Security Standards. Building security standards in compliance with Chapter 15.48 of the South San Francisco Municipal Code.

Robbery Alarm System. Installation and maintenance of a central station silent robbery alarm system that is hidden from plain view, but easily accessible to authorized personnel. Alarm systems shall be installed and maintained in compliance with Chapter 6.60 of the South San Francisco Municipal Code.

Burglary Alarm System. Installation and maintenance of a central station silent intrusion alarm system. The silent intrusion alarm system shall include contact sensors covering each entrance/exit, each skylight, as well as interior motion sensors. Alarm systems shall be installed and maintained in compliance with Chapter 6.60 of the South San Francisco Municipal Code.

Security Guards. Employment of at least one uniformed security guard present during normal business hours to include one-half hour before and after normal business hours. The security guard shall be charged with preventing violations of the law, reporting suspicious persons, vehicles, circumstances and all criminal offenses to the Police Department. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of the State law and per Chapter 6.62 of the South San Francisco Municipal Code. The sole purpose of the security guard shall be to provide for the protection and safety of the business and its authorized personnel and said guard shall not be required to perform additional, non-security related duties within the business. The Chief of Police reserves the right to review the number of guards and may require that the number of guards be increased or decreased as necessary.

Recordkeeping/Product Tracking. Implementation of a recordkeeping/product tracking system to ensure that all cannabis is accounted for and any loss or theft is easily discoverable in accordance with State law. These records shall be kept for at least one year.

Employee Roster. Operator must keep a current and updated employee roster on-file with the Police Department with the names and addresses of all Operator’s employees.

Video Surveillance System. Installation of a video surveillance system meeting the following criteria:

Cameras that record at a resolution of 1280 x 720 or higher;

Cameras that record in accurate color with a surveillance monitor that displays in accurate color;

Sufficient storage capacity to retain data from all cameras for a period of 30 days;

An on-site monitor no smaller than 15 diagonal inches for viewing of images;

The ability to view and record footage at the same time;

Accurate time and date stamps on recorded video images;

Locked and secure location of system to prevent destruction or tampering from customers or employees. Access to the system shall be restricted to management;

Cameras with clear and unobstructed view of the desired coverage areas;

A dedicated and secured power source to prevent intentional or accidental deactivation; and

Separate cameras dedicated to each processing area, loading or shipping area, each entrance/exit of the business, and the parking lot. The cameras shall be placed in locations that allow a clear, unobstructed view of the desired locations and shall be periodically evaluated to ensure compliance. Enough cameras shall be placed at each location to cover the entirety of the intended area to be captured.

Prohibition on External Signage. The business shall not display any external signage or other visual clues as to the nature of the business, including, but not limited to, green lights, depictions of marijuana leaves, “420,” or other common terms or symbols associated with cannabis.

Prohibition of On-Site Sales/Public Access. No access by the general public may occur. No on-site sales to any customers may occur.

Prohibition on Delivery Vehicle Signage. No pickup or delivery vehicles may contain or depict any signage or other visual clues as to the nature of the business, including, but not limited to, green lights, depictions of marijuana leaves, “420,” or other common terms or symbols associated with cannabis.

Prohibition on Cannabis in Plain View. All cannabis, cannabis products, and any aspect of the commercial cannabis operation that indicates the type of product(s) inside shall not be visible from the public right-of-way, exterior of the structure, and/or vehicle(s) where those commercial cannabis activities take place.