Chapter 18.07
COMMERCIAL LAND USE (C-D, C-R)
Sections:
18.07.010 Purpose.
18.07.015 C-D and C-R zoning districts established.
18.07.020 Permitted uses.
18.07.025 Use regulations.
18.07.030 General development standards.
18.07.035 C-R zoning district development standards.
18.07.040 C-D zoning district development standards.
18.07.045 Exceptions to development standards.
18.07.050 Nonconforming structures.
18.07.055 Historic downtown area, structures and uses.
18.07.060 Required permits and plan review.
18.07.010 Purpose.
The purpose of establishing these commercial-downtown and commercial-residential districts and adopting development standards and use regulations is to:
A. Guide the orderly development of lands designated on the land use plan map for general commercial uses;
B. Implement the policies of the downtown historic district specific plan encouraging a range of uses to serve the local residents and visitors to the area;
C. Provide appropriately located areas consistent with the policies for the Half Moon Bay downtown specific plan, the land use plan, and the general plan for a full range of office, retail commercial, service commercial, and visitor serving uses needed by residents of the city, and visitors to the historic downtown area;
D. Strengthen and expand the city’s economic base, by providing for visitor serving needs while protecting the small businesses that currently serve city residents in the historic downtown area on a daily basis;
E. Minimize the impact of commercial development on adjoining residential areas by providing a transition area of lower intensity commercial uses;
F. Encourage new commercial development and adaptive reuse of existing historic buildings and sites compatible with surrounding development and consistent with site limitations;
G. Maintain the existing character of the historic downtown area and discourage the development of new incompatible commercial structures and uses;
H. Ensure the provision of adequate on-site parking, loading and circulation while maintaining the economic vitality of the area;
I. Ensure that the size, scale, character and design of any new buildings are consistent with other structures in the immediate vicinity;
J. Allow public and semipublic uses in commercial areas that are compatible with or supportive of commercial development;
K. Providing for the continued economic use of historic buildings and sites so as to ensure their restoration and preservation. (1996 zoning code (part)).
18.07.015 C-D and C-R zoning districts established.
The intent of this chapter is to establish the following commercial districts and to guide the orderly development within each district as follows:
A. C-D District, Commercial-Downtown. The intent of establishing this zoning district is to implement the provisions of the downtown specific plan calling for the establishment of development standards and a range of uses that would maintain and be consistent with the historic patterns and pedestrian scale of development within the historic downtown area. Of special importance is the visual quality of the historic downtown area.
1. This district is intended to provide for visitor serving commercial uses such as restaurants and art galleries, certain public uses, and other retail and service commercial uses and professional offices that serve the local residents on a daily basis.
2. Retail and visitor serving commercial uses are encouraged on the ground or first floor, with professional offices on the upper floors. This policy is not intended to be used to preclude professional offices on the ground floor, particularly in single story buildings.
B. C-R District, Commercial-Residential. The intent of establishing this zoning district is to provide a transition zone between the active commercial districts and single-family residential areas. In this transition zone between residential neighborhoods and the more intensive commercial areas, development is limited to residential uses, low intensity professional offices, and semipublic uses.
1. It is intended that commercial and professional uses be limited to those with low noise levels, minimal vehicular traffic from patrons, deliveries or pick-ups, and hours of operation that would not adversely impact residents. (1996 zoning code (part)).
18.07.020 Permitted uses.
Table 18.07.020A of this chapter establishes the uses permitted in the commercial-downtown and commercial-residential districts.
A. The uses listed in Table 18.07.020A are numbered and categorized into types of uses. Definitions of each type of use are located within this title in Chapter 18.03, Use Classifications. Uses that are not listed are prohibited within the commercial-downtown and commercial-residential districts.
B. Use classifications followed by the term “OK” are permitted, whereas use classification followed by the term “UP” require approval of a use permit. A use classification followed by the term “NO” means that the use is not permitted. In the event the planning director determines that a proposed use is not permitted, an applicant may appeal the determination to the planning commission. The term “UPCC” means that some or all uses in the use classification are permitted in most cases, but that approval of a use permit is required in certain cases.
C. Further description of the circumstances related to the “UPCC” listings in Table 18.07.020A, and other specific regulations for certain uses listed in Table 18.07.020A can be found in Section 18.07.025. The letters and numbers in Section 18.07.025 correspond to the use categories and specific uses listed in Tables 18.07.020A through E.
|
C-D Commercial downtown zoning district |
|
C-R Commercial residential zoning district |
|
OK = Allowed without permit |
UP = Use permit required |
|
NO = Not allowed |
UPCC = Use permit required under certain circumstances |
|
Key |
Commercial Uses |
C-D Zoning |
C-R Zoning |
|
A-1 |
Adult Business |
NO |
NO |
|
A-2 |
Ambulance Service |
UPCC |
NO |
|
A-3 |
Animal Sales or Service: |
|
|
|
a |
• Boarding |
UPCC |
NO |
|
b |
• Grooming |
OK |
NO |
|
c |
• Medical Care |
OK |
NO |
|
d |
• Retail Sales |
OK |
NO |
|
A-4 |
Art Gallery |
OK |
UP |
|
A-5 |
Artist’s Studio |
OK |
UPCC |
|
A-6 |
Banking: |
|
|
|
a |
• Full Service |
OK |
NO |
|
b |
• ATM Only |
OK |
NO |
|
c |
• Drive-Up Teller |
OK |
NO |
|
A-7 |
Building Materials Sales or Service |
OK |
NO |
|
A-8 |
Catering |
OK |
NO |
|
A-9 |
Circus, Carnival or Exhibition |
OK |
NO |
|
A-10 |
Commercial Filming |
OK |
OK |
|
A-11 |
Commercial Recreation or Entertainment: |
|
|
|
a |
• Indoor |
UPCC |
NO |
|
b |
• Outdoor |
UPCC |
NO |
|
A-12 |
Communication Facility |
OK |
NO |
|
A-13 |
Eating or Drinking Establishment: |
|
|
|
a |
• Cafe, Diner or Restaurant |
OK |
NO |
|
b |
• Fast Food or Takeout |
OK |
NO |
|
c |
• Drive-Though Fast Food |
NO |
NO |
|
d |
• Bar or Tavern |
OK |
NO |
|
A-14 |
Equestrian Center |
NO |
NO |
|
A-15 |
Food or Beverage Sales |
OK |
NO |
|
A-16 |
Funeral or Internment Service |
OK |
NO |
|
A-17 |
Gardening Service |
OK |
NO |
|
A-18 |
Laboratory |
OK |
NO |
|
A-19 |
Maintenance or Repair Service |
OK |
NO |
|
A-20 |
Nursery, Plant |
OK |
NO |
|
A-21 |
Office: |
|
|
|
a |
• Business or Professional |
OK |
OK |
|
b |
• Health Service |
OK |
OK |
|
c |
• Travel Agency |
OK |
NO |
|
A-22 |
Personal Improvement Service |
OK |
UP |
|
A-23 |
Personal Service |
OK |
NO |
|
A-24 |
Printing or Publication Facility |
OK |
NO |
|
A-25 |
Real Estate Office |
OK |
NO |
|
A-26 |
Research and Development |
NO |
NO |
|
A-27 |
Retail Sales: |
|
|
|
a |
• Indoor Retail |
OK |
UP |
|
b |
• Outdoor Retail |
OK |
NO |
|
c |
• Visitor-Serving Retail |
OK |
NO |
|
A-28 |
Seasonal Agricultural Sales |
OK |
NO |
|
A-29 |
Secondhand Sales, Pawn Shop |
OK |
NO |
|
A-30 |
Vehicle/Equipment Sales or Service |
|
|
|
a |
• Automobile Rental |
OK |
NO |
|
b |
• Automobile Washing |
UP |
NO |
|
c |
• Service Station |
OK |
NO |
|
d |
• Vehicle or Equipment Repair |
UP |
NO |
|
e |
• Vehicle or Equipment Sales or Rental |
OK |
NO |
|
f |
• Vehicle Storage |
NO |
NO |
|
A-31 |
Visitor Accommodation: |
|
|
|
a |
• Bed and Breakfast Inn |
OK |
UP |
|
b |
• Campground or RV Park |
NO |
NO |
|
c |
• Hotel, Motel or Time Share |
OK |
NO |
|
d |
• Spa Resort |
OK |
NO |
|
A-32 |
Warehouse or Storage |
OK |
NO |
|
C-D Commercial downtown zoning district |
|
C-R Commercial residential zoning district |
|
OK = Allowed without permit |
UP = Use permit required |
|
NO = Not allowed |
UPCC = Use permit required under certain circumstances |
|
Key |
Industrial Uses |
C-D Zoning |
C-R Zoning |
|
B-1 |
Custom Industry |
UPCC |
NO |
|
B-2 |
General Industry |
NO |
NO |
|
B-3 |
Limited Industry |
NO |
NO |
|
B-4 |
Wholesaling, Distribution or Storage |
UP |
NO |
|
C-D Commercial downtown zoning district |
|
C-R Commercial residential zoning district |
|
OK = Allowed without permit |
UP = Use permit required |
|
NO = Not allowed |
UPCC = Use permit required under certain circumstances |
|
Key |
Public and Quasi-Public Uses |
C-D Zoning |
C-R Zoning |
|
C-1 |
Club or Lodge |
OK |
UP |
|
C-2 |
Convalescent Facility |
UP |
UP |
|
C-3 |
Cultural Institution |
OK |
UP |
|
C-4 |
Day Care, General |
UP |
UP |
|
C-5 |
Government Office |
OK |
OK |
|
C-6 |
Health Care: |
|
|
|
a |
• Hospital or Clinic |
UP |
UP |
|
b |
• Emergency Health Care |
UP |
UP |
|
C-7 |
Park or Recreation Facility |
OK |
OK |
|
C-8 |
Public Safety Facility |
OK |
OK |
|
C-9 |
Religious Assembly |
UP |
UP |
|
C-10 |
Residential Care, General |
UP |
UP |
|
C-11 |
School, Public or Private |
UP |
UP |
|
C-12 |
Utility: |
|
|
|
a |
• Major |
NO |
NO |
|
b |
• Minor |
OK |
OK |
|
C-D Commercial downtown zoning district |
|
C-R Commercial residential zoning district |
|
OK = Allowed without permit |
UP = Use permit required |
|
NO = Not allowed |
UPCC = Use permit required under certain circumstances |
|
Key |
Residential Uses |
C-D Zoning |
C-R Zoning |
|
D-1 |
Group Residential |
UP |
UP |
|
D-2 |
Large Family Day Care |
UP |
UP |
|
D-3 |
Limited Day Care |
UP |
UP |
|
D-4 |
Limited Residential Care |
UP |
UP |
|
D-5 |
Multi-Family Residential |
UP |
UPCC |
|
D-6 |
Single-Family Residential |
UP |
OK |
|
C-D Commercial downtown zoning district |
|
C-R Commercial residential zoning district |
|
OK = Allowed without permit |
UP = Use permit required |
|
NO = Not allowed |
UPCC = Use permit required under certain circumstances |
|
Key |
Accessory Uses |
C-D |
C-R |
|
E-1 |
Accessory Use or Structure |
OK |
OK |
|
E-2 |
Accessory Dwelling |
UP |
UP |
|
E-3 |
Mixed Commercial and Residential |
UP |
UP |
(1996 zoning code (part)).
18.07.025 Use regulations.
The following use categories and any additional regulations associated with an identified use are to be taken together with the permit requirements listed for each use classification in Tables 18.07.020A through E. These regulations shall apply to both permitted uses and for uses which are only allowed upon approval of a use permit by the planning commission.
A. Commercial Uses.
A-1 Adult Business. No additional regulations specified.
A-2 Ambulance Service. A use permit is required only where a proposed ambulance service would be located within one thousand feet of an R district or fifty feet of a site occupied by a public or private school or a park or recreation facility.
A-3 Animal Sales or Service. No additional regulations specified.
A-3 a. Boarding. A use permit is required when a proposed boarding facility would be located within two hundred feet of a residential district to ensure that potential noise impacts are adequately addressed.
A-3 b. Grooming. No additional regulations specified.
A-3 c. Medical Care. No additional regulations specified.
A-3 d. Retail Sales. The sale of domestic animals is allowed as an incidental use to any permitted use in the C-D district.
A-4 Art Gallery. No additional regulations specified.
A-5 Artist’s Studio. Studios where the artist works, displays and sells artwork are permitted. A use permit is required in the C-R district only when the artist also lives on the premises and/or maintains an active sales operation.
A-6 Banking. No additional regulations specified.
A-6 a. Full Service. No additional regulations specified.
A-6 b. ATM Only. No additional regulations specified.
A-6 c. Drive-Up Teller. No additional regulations specified.
A-7 Building Materials Sales or Service. Activities shall be conducted and materials shall be stored within a building or shall be enclosed by a fence, wall or permanent planting at least six feet in height. Milling or planing of lumber or other wood products is prohibited unless incidental to a retail use or contractor’s yard.
A-8 Catering. Catering businesses may be permitted in conjunction with a residential use subject to approval by the San Mateo County environmental health department.
A-9 Circus, Carnival or Exhibition. Such uses, including street fairs and markets on city streets are permitted upon approval of special events permit. The event may be in one location no longer than two weekend days over two consecutive weekends, unless otherwise permitted by the city council in conjunction with the special events permit. Signs advertising the event shall be approved by the city council in conjunction with the approval of the special events permit.
A-10 Commercial Filming. Use permitted upon securing all necessary permits and licenses required by the municipal code.
A-11 Commercial Recreation or Entertainment. No additional regulations specified.
A-11 a. Indoor. Small-scale billiards/pool halls and movie theaters are permitted in the C-D district by use permit only. Electronic game centers shall not be located within three hundred feet of a school site or the boundary of a residential district, or within five hundred feet of a liquor store, cocktail lounge or bar. At least one adult manager shall be on the premises during the time a game center is open to the public. No game center owner, manager or employee shall allow a minor under eighteen years of age to play game machines during the hours the public schools are open, or after nine p.m. on nights preceding school days. The planning commission may impose restrictions on the design, location and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the community. Bowling alleys, indoor skating rinks and tennis courts and the like are not permitted in the C-D and C-R districts.
A-11 b. Outdoor. Small-scale outdoor commercial recreation uses and activities such as bocce courts and seasonal events such as live music may be permitted. Golf courses and driving ranges, outdoor skating rinks and skateboard parks and tennis courts are not permitted in the C-D and C-R, districts. A use permit shall be required for any extensive outdoor uses not listed.
A-12 Communication Facility. No additional regulations specified.
A-13 Eating or Drinking Establishment. No additional regulations specified.
A-13 a. Cafe, Diner or Restaurant. No additional regulations specified.
A-13 b. Fast Food or Takeout. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.
A-13 c. Drive-Through Fast Food. No additional regulations specified.
A-13 d. Bar or Tavern. No additional regulations specified.
A-14 Equestrian Center. No additional regulations specified.
A-15 Food or Beverage Sales. No additional regulations specified.
A-16 Funeral or Internment Service. No additional regulations specified.
A-17 Gardening Service. No additional regulations specified.
A-18 Laboratory. No additional regulations specified.
A-19 Maintenance or Repair Service. No additional regulations specified.
A-20 Nursery, Plant. Outdoor storage and display is limited to plants and garden features such as statues, fountains and benches. All merchandise must be kept in an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.
A-21 Office. No additional regulations specified.
A-21 a. Business or Professional. In the C-D district, business and professional offices are encouraged on the upper floors of multiple story structures. This does not preclude the establishment of business and professional offices on the ground floor. In the C-R district, business and professional offices shall be limited to small scale, low intensity uses.
A-21 b. Health Service. In the C-R district, health services offices shall be limited to small scale, low intensity uses.
A-21 c. Travel Agency. No additional regulations specified.
A-22 Personal Improvement Service. No additional regulations specified.
A-23 Personal Service. No additional regulations specified.
A-24 Printing or Publication Facility. No additional regulations specified.
A-25 Real Estate Sales Office. No additional regulations specified.
A-26 Research and Development. No additional regulations specified.
A-27 Retail Sales. No additional regulations specified.
A-27 a. Indoor Retail. Display of products usually sold inside a building on a commercial site may be permitted outside the building on a temporary or occasional basis, subject to approval by the planning director. Retail sales within the C-R district may only be permitted by use permit if ancillary to a permitted use.
A-27 b. Outdoor Retail. Outdoor display of merchandise on a temporary basis shall be subject to approval by the planning director. Permanent outdoor sales operations, such as flower and produce stands, hot dog carts, coffee/pastry stands, T-shirts, outdoor furniture gardens, are permitted on an ongoing basis only if located on private property and not on city or state right-of-way, and only after (1) receiving a determination by the planning commission that the proposed use and operational characteristics are consistent with the underlying zoning designation and development standards, and (2) securing approval of a business license in accordance with the provisions of the municipal code.
A-27 c. Visitor-Serving Retail. No additional regulations specified.
A-28 Seasonal Agricultural Sales. Fruit, vegetable and Christmas tree sales are permitted for a period of forty-five days, and shall be subject to the requirements of the municipal code. The planning director shall impose reasonable conditions upon the establishment to ensure adequate parking, safe and convenient traffic circulation, and that minimum health and safety standards are met.
A-29 Second Hand Sales, Pawn Shop. No additional regulations specified.
A-30 Vehicle or Equipment Sales and Service. No additional regulations specified.
A-30 a. Automobile Rental. No additional regulations specified.
A-30 b. Automobile Washing. No additional regulations specified.
A-30 c. Service Station. All auto, truck and equipment repair and service facilities shall be appropriately landscaped and maintained. Inoperative vehicle storage on the premises is prohibited. Operative vehicles and/or equipment stored on the premises shall be screened from public view. Display racks for automobile products no more than four feet wide may be maintained at each pump island of a service station, or within three feet of the main building, and shall be limited to one per street frontage.
A-30 d. Vehicle or Equipment Repair. Repair shops such as auto body and painting, fender work, upholstery and detailing, and major auto repairs shall be appropriately landscaped and maintained. Conditions of approval of a use permit may require buffering, screening, planting areas or limits on the hours of operation to avoid adverse impacts on properties in the surrounding area. Inoperative vehicle storage on the premises is prohibited, and operative vehicles and/or equipment stored on the premises shall be screened from public view.
A-30 e. Vehicle or Equipment Sales or Rental. No additional regulations specified.
A-30 f. Vehicle Storage. All vehicle storage facilities shall be enclosed by a six foot high fence and all vehicles shall be screened from view.
A-31 Visitor Accommodation. No additional regulations specified.
A-31 a. Bed and Breakfast Inn. In the C-R district, a maximum of three guest rooms on any one site may be permitted upon approval of a use permit in each case.
A-31 b. Campground or RV Park. Landscaping at recreational vehicle parks shall be fully matured within five years of development to assure full screening from public roads, vista points, public recreation areas and residential areas.
A-31 c. Hotel, Motel or Time Share. Within the CD district, hotel, motel, time shares, and bed and breakfast inns are permitted only if the number of bedrooms does not exceed thirty-six per net acre of the building site area. Living rooms in suites shall be considered bedrooms for purposes of this calculation.
A-32 Warehouse or Storage. Only warehousing/storage area having two thousand five hundred square feet or less that is incidental to a commercial use is permitted within an enclosed building. Mini-storage or self-storage facilities may be permitted in the C-D district only by approval of a use permit and site and design permit.
B. Industrial Uses.
B-1 Custom Industry. Small scale custom industries such as ceramic studios, candle-making shops and custom jewelry manufacturing which may also sell goods produced on-site directly to customers are permitted in the C-D district.
B-2 General Industry. No additional regulations specified.
B-3 Limited Industry. No additional regulations specified.
B-4 Wholesaling, Distribution or Storage. No additional regulations specified.
C. Public and Quasi-Public.
C-1 Club or Lodge. No additional regulations specified.
C-2 Convalescent Facility. City, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.
C-3 Cultural Institution. No additional regulations specified.
C-4 Day Care, General. All required city, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.
C-5 Government Office. No additional regulations specified.
C-6 Health Care. No additional regulations specified.
C-6 a. Hospital or Clinic. No additional regulations specified.
C-6 b. Emergency Health Care. No additional regulations specified.
C-7 Park or Recreation Facility. No additional regulations specified.
C-8 Public Safety Facility. No additional regulations specified.
C-9 Religious Assembly. No additional regulations specified.
C-10 Residential Care, General. No additional regulations specified.
C-11 School, Public or Private. No additional regulations specified.
C-12 Utility. No additional regulations specified.
C-12 a. Major. All public utility substations shall be enclosed by a solid fence or wall a minimum of six feet in height. The planning commission may approve alternative screening such as a hedge or other plant materials, where appropriate to the design and location in relationship to other properties.
C-12 b. Minor. No additional regulations specified.
D. Residential Uses.
D-1 Group Residential. No additional regulations specified.
D-2 Large Family Day Care. No additional regulations specified.
D-3 Limited Day Care. No additional regulations specified.
D-4 Limited Residential Care. No additional regulations specified.
D-5 Multi-Family Residential. Two-family residences are permitted, and plans must be approved by the architectural review committee prior to receiving a building permit. Structures providing three or more residential units require planning commission approval of a use permit as well as architectural review committee approval.
D-6 Single-Family Residential. No additional regulations specified.
E. Accessory Uses.
E-1 Accessory Use or Structure. Accessory uses and structures are permitted when they are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. Accessory uses to a residential use would include home occupations and garage sales. Accessory uses for retail or office uses would include storage incidental to a permitted use. Accessory structures such as garages or storage and maintenance sheds are permitted.
E-2 Accessory Dwelling. No additional regulations specified.
E-3 Mixed Commercial and Residential. No additional regulations specified. (1996 zoning code (part)).
18.07.030 General development standards.
A. Residential Development. Separate dwelling units shall be subject to the standards for minimum setbacks, height limits, floor area ratios, lot coverage, landscaping, fences and useable open space as specified in this title for the proposed dwelling. Single-family residences shall meet all of the development standards for the R-1 district; two-family residences shall meet the requirements for the R-2 district; and structures with three or more units shall meet the R-3 district standards. For mixed use projects, residential development standards may be modified by the planning commission as a part of any use permit.
B. Minimum Site Area and Width. The standards for minimum site area and width are established for each commercial district in this chapter. Existing legal parcels created before the effective date of this chapter are not subject to these minimum area and width requirements. Only new subdivisions of existing parcels shall be subject to the minimum site and area requirements.
C. Site Coverage. Commercial buildings are not limited to a percentage coverage of commercially zoned sites, however, for any new construction, parking and any setback requirements shall dictate the area available for building. For residential uses in a commercial district, one-family and two-family residential structures are limited to thirty-five percent site coverage for multiple stories, and fifty percent site coverage for a single story. A maximum site coverage of thirty-five percent shall be permitted for multiple-family residential structures. These standards are not applicable to mixed-use projects.
D. Exterior Noise Limit. Sound levels measured at the property line of the lot where the lot borders an R, OS, UR or OSR district, may not exceed the following levels:
|
Time of Day |
More than 30 minutes/hour |
More than 5 minutes/hour |
At any time |
|
7 a.m. to 10 p.m. |
60 dBA |
70 dBA |
80 dBA |
|
10 p.m. to 7 a.m. |
55 dBA |
65 dBA |
75 dBA |
E. Off-Street Parking Plans. A parking plan which meets the off-street parking requirements contained in this title shall be submitted with each project for new development or addition of floor area, or whenever plans are submitted for a use conversion which will result in an intensification of use. The plan will be reviewed for conformance with standards for parking spaces and aisles, location, units of measurement, and other standards as may be applicable.
F. Landscaping. A landscaping plan is required for all new construction or extensive remodel projects, and shall be in conformance with design criteria contained in this title and with the city’s current water-efficient landscaping program.
1. All planting areas, plant materials, and irrigation shall conform with the guidelines in the city’s current water efficient landscaping program.
2. No landscaping may impede, block, obstruct, or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road. Trees and shrubs shall be maintained in such a manner as to provide adequate, clear site distance for traffic safety on public or private sidewalks, streets, roads or rights-of-way.
3. Parking lots shall have perimeter landscaping areas and interior landscaping areas distributed throughout the parking lot. The landscaped areas shall have a minimum width of two feet, separated from the parking lot paving by a six inch curb. A minimum of one tree for every six parking spaces shall be distributed throughout the parking lot.
G. Signs. Each project shall comply with the sign regulations contained in Titles 15 and 18 of the municipal code. All new signs shall be reviewed and approved by the planning department and the architectural review committee when deemed appropriate prior to installation.
H. Fences. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, from the base to the top of the fence, wall or hedge above that grade. The following specific criteria shall apply:
1. Along rear or side property lines, a maximum fence height of eight feet is permitted.
2. Where the side or rear property line adjoins a residential property, a fence having a minimum height of six feet shall be installed along that property line, unless one exists.
3. A solid wall or fence within fifteen feet of a street property line shall not exceed three feet in height. The planning director may approve an increased fence height to four feet if the fence materials have openings comprising at least fifty percent. In no case may a fence in this area exceed four feet in height.
a. A lower fence height limit may be imposed by the planning director if it is determined that the fence would: (a) obstruct visibility thereby negatively impacting traffic safety, or (b) obscure an approved sign advertising a business on an adjoining property.
4. A solid masonry or concrete wall at least six feet in height shall be installed along any property line shared by a nonresidential site and the site of an existing ground-floor residential use, unless there is a ten-foot landscaped buffer area on the commercial site. If a nonresidential building has a zero setback and has no openings along the adjoining property lines, no wall needs to be installed along the length of the building.
I. Refuse Storage Areas. For all nonresidential and multi-family residential projects, recyclable materials and refuse storage area shall be provided prior to occupancy, either inside a building or within a trash enclosure, as specified in this title.
J. Second Dwelling Units. All second dwelling units in these commercial districts must comply with the regulations contained in this title and state law.
K. Satellite Antennas. All satellite antennas shall meet the standards and regulations contained in this title.
L. Underground Utilities. All new electrical, telephone and similar distribution lines providing direct service to a commercial site, and any existing services on the site shall be installed underground within the site unless such installation is deemed to be not feasible by the planning commission.
M. Screening. All outdoor storage and display areas shall be screened from view by a solid fence or wall, unless otherwise approved by the planning director or planning commission. Mechanical equipment and utility meters shall be screened from view from public rights-of-way. Screening materials may have evenly distributed openings or perforations averaging fifty percent of the surface area, as long as the mechanical equipment is screened so that it is not visible from a street or adjoining lot.
N. Performance Standards. No activity on a commercial site may produce vibration, dust, odors, heat and humidity, electromagnetic interference which are perceptible without instruments by a reasonable person at the property lines of a site. Minors or highly reflective glass shall not cover more than twenty percent of a building surface visible from a street, unless an applicant submits information demonstrating that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. Combustibles, explosives, radioactive materials and hazardous materials shall comply with HMBFPD fire prevention codes, California hazardous materials regulations, and/or any other applicable laws.
O. Coastal Resource Conservation Standards. The standards and regulations contained in this title for habitat conservation, archaeological resource conservation, coastal access, scenic corridors and community visual resources shall be met for each project.
P. Architectural and Site and Design Review. The standards and review process contained in this title shall be met for each project.
Q. Coastal Development Permit. The requirements contained in this title for a coastal development permit shall be met for each project which is subject to those requirements. (1996 zoning code (part)).
18.07.035 C-R zoning district development standards.
Development standards for the C-R commercial residential zoning district are as follows:
A. Minimum Lot Size and Width. The minimum lot size shall be five thousand square feet with a minimum width of fifty feet.
B. Minimum Setbacks. The front yard setback shall be a minimum of twenty feet, the rear and side yard setbacks shall be a minimum of five feet each. Where a parcel borders an R district, a solid six foot high wall or fence shall be installed along the adjoining rear and/or side property line.
C. Maximum Height. The maximum building height permitted shall be twenty-eight feet.
D. Minimum Landscaping. A total of twenty-five percent of any site used for commercial purposes shall be landscaped.
E. Lot Coverage. Single-story structures shall not exceed fifty percent coverage of the site, and multi-story structures shall not exceed thirty-five percent coverage of the site.
F. Floor Area Ratio. The maximum floor area ratio for exclusive residential uses is fifty percent.
G. Parking. Two enclosed garage spaces are required for each dwelling unit. (1996 zoning code (part)).
18.07.040 C-D zoning district development standards.
Development standards for the C-D commercial downtown zoning district are as follows:
A. Minimum Lot Size and Width. The minimum lot size for any new parcels shall be five thousand square feet with a minimum width of fifty feet.
B. Minimum Setbacks. There are no setbacks required within the C-D district. However, where a parcel borders an R district, a minimum setback of five feet is required from the property line adjoining any residential parcel.
1. For all new commercial structures and for remodels or additions to existing buildings fronting on Main Street between Pilarcitos Creek and Correas Street, a zero front setback shall be encouraged to create a continuous line of building frontages.
C. Maximum Height. The maximum height permitted shall be thirty-six feet and three stories.
D. Minimum Landscaping. Landscaping shall be required within parking areas and elsewhere on the site as may be feasible and in keeping with landscaping on the surrounding properties, and shall be reviewed by the architectural review committee for all projects involving new construction or conversions.
E. Residential Development. For mixed commercial and residential projects, dwellings shall be on the upper floors, and two garage spaces shall be provided for each new dwelling unit, unless otherwise approved by the planning commission.
F. Off-site Parking. Notwithstanding the provisions of this title, parking at an off-site location is encouraged at a distance no greater than three hundred feet from the development site.
1. In reviewing development proposals with an off-site parking area, the planning commission may approve an exception to allow a greater distance between the development site and parking area, if it is determined that it is not feasible to meet the suggested distance standard to comply with off-street parking requirements.
2. In approving an off-site parking location to support a proposed development, the planning commission shall require the recordation of a deed restriction, restrictive covenant, or other instrument to the satisfaction of the city attorney, ensuring that the parking area will remain available to serve the parking needs of the proposed development or use for as long as the development or use exists.
3. Any off-site parking area created pursuant to the provisions herein shall be landscaped and a solid fence or wall installed along adjoining property lines to the satisfaction of the architectural review committee and planning commission. Any lighting shall be directed away from adjoining properties. (1996 zoning code (part)).
18.07.045 Exceptions to development standards.
A. Legal Nonconforming Parcels. Any parcel legally subdivided prior to the effective date of this chapter within any commercial district which does not meet the standards for minimum site area and width may nevertheless be developed without the need for a variance or exception, subject to compliance with the other development standards and regulations in this chapter.
B. New Parcels. The planning commission and or city council may approve an exception to development standards established in the sections above for each commercial district, in conjunction with the review of a lot line adjustment or subdivision, as may be applicable.
C. Development on Lots divided by District Boundaries. The regulations applicable to each district shall be applied to the area within that district; however, parking provisions serving a principal use on the site may be located in a district in which a parking lot is not permitted, or is a conditional use.
D. Exceptions to Maximum Height. Chimneys may exceed the maximum permitted building height in the district only as may be needed to comply with the Uniform Building Code.
E. Parking Exceptions. For all new construction, the requirements for off-street parking shall be met. For any additions to existing buildings, off-street parking spaces shall be provided as required for the new area, at a minimum, unless a parking exception is approved by the planning commission. For conversions of existing buildings to a more intensive use, the planning commission shall ensure that the applicant has made every reasonable effort to provide the required off-street parking spaces designated for the use as specified in this title.
1. When granting a parking exception in either the downtown commercial or commercial residential districts, the planning commission shall make the following findings:
a. The applicant has made every reasonable effort to provide the required number of parking spaces;
b. The applicant has submitted evidence to the planning commission that approval of a parking exception is necessary to ensure the economic viability of the project; or
c. The planning commission finds that approval of the parking exception will ensure that an historic resource is retained or otherwise preserved or protected; and
d. The planning commission has found that the proposed number, size, configuration, and/or location of the parking spaces is as nearly in conformance with the standards contained in Title 15 as is reasonably possible, and the granting of the parking exception is not contrary to the policies of the downtown specific plan. (1996 zoning code (part)).
18.07.050 Nonconforming structures.
Any existing structure legally constructed in accordance with the zoning code prior to the effective date of the ordinance codified in this chapter that is damaged by catastrophe such as fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be replaced, restored, rebuilt, or repaired and used as before such event occurred provided that all of the following conditions are satisfied:
A. Any nonconforming height, setback encroachments or other nonconformity shall not be increased beyond that in existence prior to the damage occurring, unless a variance or exception is approved subject to the provisions of this title.
B. An application for a building permit to replace or repair a damaged or destroyed building shall be filed within twenty-four months after the event;
C. All applicable provisions of the Historic Building Code or Uniform Building Code adopted by the city at the time building permits are requested for the repair or reconstruction shall be incorporated into the plans. (1996 zoning code (part)).
18.07.055 Historic downtown area, structures and uses.
A. Historic Downtown Area. The historic downtown area possesses character, interest and value as part of the heritage of the city. Preservation of those structures which exemplify historical architectural styles or which contribute to the historical fabric of the community within this area is essential to the integrity of the district.
1. Municipal Code Chapter 2.48 contains review criteria for the designation of a landmark or historic district. Any development within the historic downtown area shall also be in accordance with the policies for the Half Moon Bay historic downtown plan as well as the historic resources ordinance.
B. Historic Structures. Any proposal for alteration to a designated landmark shall be subject to the provisions below and the historic resources ordinance.
1. Changes to Existing Structures. Within the historic downtown area, alterations to existing structures and proposed demolition shall be subject to review by the architectural review committee and planning commission, in order to protect the architectural and historical character of the area.
2. Maintenance of Structures and Premises. All property owners in the historic downtown area shall have the obligation to maintain structures and premises in good repair. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises. Maintenance does not include a change in design, material or external appearance of a structure.
3. Change of Use Within a Historic Structure. Whenever a change of use is proposed within an historic structure, such as a conversion from residential use to commercial use, exceptions to the development standards in this chapter may be granted where applicable and necessary to maintain the historic integrity of the structure. The State Historical Building Code may be used in some cases, however, intensification of use may require safety measures to conform to the requirements of current Uniform Building Code.
C. New Development. New construction within the historic downtown area shall be reviewed for compliance with the following criteria:
1. The scale and style shall be similar to that of the predominant older structures.
2. There shall be continuity in building lines maintained along Main Street. (1996 zoning code (part)).
18.07.060 Required permits and plan review.
A. Building permits are required for any new construction, remodeling, or additions, except for fences which do not exceed the eight foot height limit.
B. Except as may be otherwise provided for in this chapter, a variance or exception shall be required for any project in any commercial district which does not meet the development standards and regulations of this chapter, or for projects which include proposals to extend existing nonconforming structures or conditions on the site.
C. The provisions of this title pertaining to architectural and site and design review shall be followed prior to the issuance of any building permits for which design review is required. (1996 zoning code (part)).