Chapter 18.23
STANDARDS FOR SPECIFIC USES AND ACTIVITIES Revised 3/17 Revised 12/17

Sections:

18.23.010    Purpose.

18.23.020    Applicability.

18.23.030    Accessory uses.

18.23.040    Adult-oriented businesses.

18.23.050    Automobile/vehicle sales and services.

18.23.060    Bars/nightclubs/lounges and commercial entertainment and recreation.

18.23.070    Bed and breakfast lodging.

18.23.080    Community assembly facilities.

18.23.090    Day care centers and large family child care homes.

18.23.100    Drive-in and drive-through facilities.

18.23.110    Emergency shelters.

18.23.120    Home occupations. Revised 12/17

18.23.130    Large-format retail.

18.23.140    Outdoor dining.

18.23.150    Outdoor retail sales.

18.23.160    Outdoor storage.

18.23.170    Personal services. Revised 12/17

18.23.180    Personal storage.

18.23.190    Recycling facilities.

18.23.200    Residential care facilities.

18.23.210    Second dwelling units.

18.23.220    Single room occupancy hotels.

18.23.230    Social service facilities.

18.23.240    Temporary uses.

18.23.250    Transitional and supportive housing.

18.23.260    Formula business uses. Revised 3/17

18.23.270    Commercial cannabis businesses. Revised 12/17

18.23.280    Personal cannabis cultivation. Revised 12/17

18.23.010 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 impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.020 Applicability.

Each land use and activity covered by this chapter shall comply with the requirements of the section applicable to the specific use or activity, in addition to any applicable standard this title requires in the district where the use or activity is proposed and all other applicable provisions of this title.

A.    The uses that are subject to the standards in this chapter shall be located only where allowed by base district or overlay district use regulations.

B.    The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by base district regulations, such as a conditional use permit, except where this chapter establishes a different planning permit requirement for a specific use. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.030 Accessory uses.

An accessory use, which shall not occupy more than thirty percent of gross floor area, shall be secondary to a primary use and shall be allowed only in conjunction with a principal use or building to which it relates under the same regulations as the main use in any zoning district. These regulations are found in the use regulations tables in Article II, Base and Overlay Districts, and may be subject to specific standards found in this chapter or within each district, as specified in the tables. Accessory uses and structures are also subject to the development and site regulations found in Chapter 18.15, General Site Regulations. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.040 Adult-oriented businesses.

Adult-oriented businesses shall be located, developed, and operated in compliance with the following standards:

A.    Permits and Licenses. Adult-oriented businesses shall be subject to the following:

1.    An adult-oriented business must, prior to commencement or continuation of such business, apply for and receive from the Planning Commission or the City Council, upon appeal, a conditional use permit. Reasonable conditions may be imposed, such as limitation on hours of operation, exterior lighting, display materials, and other similar conditions, as may be necessary to protect the public health, safety and welfare.

2.    An adult-oriented business shall be subject to and in conformance with the provisions of Chapter 8.44 et seq.

3.    Subsequent to receipt of an approved conditional use permit, but prior to establishment of the adult-oriented business, the applicant shall apply for and receive a valid adult entertainment license, as provided for in Title 5.

B.    Location. Adult-oriented businesses shall be located only in the area shown in Figure 18.23.040-B, Adult-Oriented Business Area, in compliance with the following minimum distances:

1.    From any residential district of the City of San Carlos or of any other city: one thousand feet.

2.    From any educational, religious and/or cultural institution or public park: one thousand feet.

3.    From another adult-oriented business: one thousand feet.

FIGURE 18.23.040-B: ADULT-ORIENTED BUSINESS AREA

C.    Hours of Operation. Hours of operation of the business shall be limited to the time period between ten a.m. and midnight daily or as established through the conditional use permit. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.050 Automobile/vehicle sales and services.

Automobile/vehicle sales and service establishments shall be located, developed and operated in compliance with the following standards:

A.    Landscaping and Screening.

1.    A masonry wall at least six feet in height shall be provided along all lot lines adjacent to a residential use or district.

2.    At least ten percent of the site must be landscaped. All landscaped areas shall be permanently maintained in compliance with Chapter 18.18, Landscaping.

3.    A landscaped planter with a minimum inside width of six feet and enclosed within a six-inch-high curb shall be provided along the front and street side property lines, except for vehicular circulation openings. A landscaping buffer with a minimum inside width of at least three feet shall be provided along all other property lines.

4.    A six-hundred-square-foot planter with a minimum dimension of twenty feet shall be provided at the corner of intersecting streets unless a building is located at the corner.

5.    Additional screening and landscaping may be required where necessary to prevent visual impacts on adjacent properties.

B.    Application Review and Findings for Approval. The decision-making authority shall only approve a use permit for an automobile/vehicle sales and service facility only if it finds that:

1.    The project is designed so that form and scale are harmonious and consistent with the character of the specific site, the adjacent uses and structures, and the surrounding neighborhood.

2.    The site design, including the location and number of driveways, will promote safe and efficient on-site and off-site traffic circulation.

3.    Service bay openings are designed to minimize the visual intrusion on surrounding streets and properties.

4.    Lighting is designed to be low-profile, indirect or diffused and to avoid adverse impacts on surrounding uses.

5.    The washing facility will not have an adverse impact on water supply and quality.

C.    Conditions of Approval. Conditions of approval may include limitations on operational characteristics of the use; restrictions on outdoor storage and display, location of pump islands, canopies and service bay openings; and/or requirements for buffering, screening, lighting, planting areas, or other site elements, in order to avoid adverse impacts on adjacent lots or the surrounding area.

D.    Automobile/Vehicle Sales and Leasing. Automobile/vehicle sales and leasing establishments are subject to the following standards:

1.    Accessory Uses. Automotive servicing or repair is permitted as an accessory use for automobile/vehicle dealers that offer maintenance and servicing of the type of vehicles sold on site.

2.    Temporary Signs. Temporary signs for grand opening events or special sales are subject to Section 18.22.100, Temporary signage.

E.    Automobile/Vehicle Service and Repair, Major and Minor. Major and minor automobile/vehicle service and repair uses, as well as any other uses, such as auto dealerships or service stations, that perform auto servicing as an accessory activity, are subject to the following standards:

1.    Noise. All body and fender work or similar noise-generating activity shall be conducted within an enclosed masonry or similar building with sound-attenuating construction to absorb noise. Air compressors and other service equipment shall be located inside a building.

2.    Work Areas. All work shall be conducted within an enclosed building except: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

3.    Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 18.15.090, Screening. Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.

4.    Litter. The premises shall be kept in an orderly condition at all times. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be stored outside a building.

F.    Automobile/Vehicle Washing. Automobile/vehicle washing facilities are subject to the following standards:

1.    Washing Facilities. No building or structure shall be located within thirty feet of any public street or within twenty feet of any interior property line of a residential use or residential district. Vehicle lanes for car wash openings shall be screened from public streets to a height of forty inches. Screening devices shall consist of walls and/or berms with supplemental plant materials.

2.    Hours of Operation. Automobile/vehicle washing facilities are limited to seven a.m. to ten p.m., seven days a week. When abutting a residential district, the hours of operation shall be between eight a.m. to eight p.m., seven days a week.

G.    Service Stations. Service stations and any other commercial use that includes fuel pumps for retail sales of gasoline are subject to the following standards:

1.    Pump Islands. Pump islands shall be located a minimum of fifteen feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to ten feet within this distance.

2.    Abandonment. Any service station shall in the case of abandonment or non-operation of the primary use be dismantled and the site cleared within twelve months subsequent to the close of the last business day. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.060 Bars/nightclubs/lounges and commercial entertainment and recreation.

Bars/nightclubs/lounges and commercial entertainment and recreation establishments shall be located, developed, and operated in compliance with the following standards:

A.    Security. On-site security shall be provided at a rate to be determined by the Sheriff’s Captain, and shall generally be provided at the rate of one security guard for each one hundred patrons on the property for bar or entertainment uses. Adequate security lighting shall be provided in all parking areas, entrances, and exits as well as building security systems. An agreement with the Sheriff’s Captain or designated law enforcement authority may be required as a condition of approval for the provision of sworn officers at special events and for traffic control as needed.

B.    Sewer Capacity. Based on the size and type of facility proposed, a sewer capacity fee shall be calculated, pursuant to municipal code requirements, for the additional sewer usage. The sewer capacity fee shall be paid in its entirety at the time of building permit issuance. Construction of a new sewer line may be required to handle the additional capacity. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.070 Bed and breakfast lodging.

Bed and breakfast establishments shall be located, developed, and operated in compliance with the following standards:

A.    Type of Residence. Bed and breakfast establishments must be located, developed and operated within a single-unit dwelling.

B.    Number of Rooms. No more than two rooms may be rented. Additional rooms may be rented only with approval of a minor use permit.

C.    Appearance. The exterior appearance of a structure housing a bed and breakfast establishment shall not be altered from its original single-unit character.

D.    Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.080 Community assembly facilities.

Community assembly facilities shall be located, developed, and operated in compliance with the following standards:

A.    Location. Community assembly facilities shall be located on a corner lot, not at mid-block, unless the site area is greater than twenty thousand square feet.

B.    Access. Community assembly facilities shall take primary access from a public street with a minimum of fifty feet in width and improved with curbs, gutters, sidewalks and street lights.

C.    Buffer. A minimum twenty-foot perimeter buffer shall be included adjacent to any residential use or district. This buffer area may be used for parking or landscaping but shall not be used for structures or outside activities.

D.    Outdoor Recreation. Outdoor recreation areas shall be at least fifty feet from any residential use or district.

E.    Parking Area Screening. Parking areas adjacent to any residential use or district shall be screened with a three-foot-high wall.

F.    Outdoor Lighting. Outdoor lighting shall not exceed an intensity of one foot-candle of light throughout the facility. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.090 Day care centers and large family child care homes.

Day care centers and large family child care homes shall be located, developed and operated in compliance with the following standards:

A.    License. The operator shall secure and maintain a license from the State of California Department of Social Services.

B.    Screening. A periphery wall, constructed of wood or masonry, shall be provided to screen and secure outdoor play areas and shall achieve seventy-five percent opacity. Chain metal fencing or barbed wire is prohibited.

C.    Outdoor Space. Child day care centers and large family child care shall provide a minimum of seventy-five square feet of outdoor space for each child over two years old. The outdoor area shall not be located in any required front or street side yard. This area must be either owned or leased by the applicant and cannot be shared with other property owners unless written permission is granted by the other property owners. This requirement may be waived if the applicant can demonstrate that there is a public park, school or other public open area within five hundred feet of the day care.

D.    Hours of Operation. Hours of operation shall only be within the hours of six a.m. and seven p.m., Monday through Friday. Additional hours may be allowed subject to approval of a minor use permit.

E.    Noise. Outdoor activities shall not occur before eight a.m. or after five-thirty p.m. when the site is located within or adjacent to a residential district.

F.    Pick-Up and Drop-Off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be provided for approval by the Director. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion and conflict points on travel aisles and public streets. The plan shall include an agreement for each parent or client to sign that includes, at a minimum:

1.    A scheduled time for pick-up and drop-off with allowances for emergencies; and

2.    Prohibitions of double-parking, blocking driveways of neighboring properties, or using driveways of neighboring properties to turn around. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.100 Drive-in and drive-through facilities.

Drive-in or drive-through facilities shall be located, developed and operated in compliance with the following standards:

A.    Where Allowed. Drive-in and drive-through facilities are allowed, subject to approval of a conditional use permit, in the GCI District.

B.    Drive-In and Drive-Through Aisles. Drive-in and drive-through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.

1.    A minimum fifteen-foot interior radius at curves and a minimum twelve-foot width is required.

2.    Each drive-in and drive-through entrance and exit shall be at least one hundred feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least twenty-five feet from the nearest curb cut on an adjacent property.

3.    Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.

C.    Drive-In and Drive-Through Queue Area. Each drive-through aisle shall provide a sufficient queue for four cars, of at least eighty feet, and the queue area shall not interfere with public rights-of-way or streets, or with on- or off-site circulation and parking. Exceptions to the queue size may be granted based on an interior traffic circulation study prepared for review by the Planning Commission.

D.    Landscaping. Each drive-through aisle shall be screened with a combination of decorative walls and landscape to a height of twenty inches to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

E.    Menu Boards. Menu boards shall not exceed twenty square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way unless located at least thirty-five feet from the street and adequately screened from view. All outdoor speakers shall be directed away from any residential district or residential use.

F.    Pedestrian Walkways. Pedestrian walkways shall not intersect drive-in or drive-through aisles, unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.110 Emergency shelters.

Emergency shelters shall be located, developed, and operated in compliance with the following standards:

A.    Number of Residents. The number of adult residents, not including staff, who may be housed on a lot that is smaller than one acre shall not exceed the number of persons that may be accommodated in any hospital, elderly and long-term care facility, residential, transient occupancy, or similar facility allowed in the same district.

B.    Length of Occupancy. Occupancy by an individual or family may not exceed one hundred eighty consecutive days unless the management plan provides for longer residency by those enrolled and regularly participating in a training or rehabilitation program.

C.    Outdoor Activities. All functions associated with the shelter, except for children’s play areas, outdoor recreation areas, parking, and outdoor waiting must take place within the building proposed to house the shelter. Outdoor waiting for clients, if any, may not be in the public right-of-way, must be physically separated from the public right-of-way, and must be large enough to accommodate the expected number of clients.

D.    Minimum Hours of Operation. At least eight hours every day between seven a.m. and seven p.m.

E.    Supervision. On-site supervision must be provided at all times.

F.    Toilets. At least one toilet must be provided for every fifteen shelter beds.

G.    Management Plan. The operator of the shelter must submit a management plan for approval by the Director. The plan must address issues identified by the Director, including transportation, client supervision, security, client services, staffing, and good neighbor issues. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.120 Home occupations. Revised 12/17

A.    Purpose. The purpose of this section is to:

1.    Permit home occupations, including cottage food operations, as an accessory use in a dwelling unit;

2.    Allow residents to operate small businesses in their homes, under certain specified standards, conditions, and criteria;

3.    Allow for “telecommuting” and reduced vehicle use;

4.    Ensure that home occupations are compatible with, and do not have an adverse effect on, adjacent and nearby residential properties and uses;

5.    Ensure that public and private services, such as streets, sewers, or water or utility systems, are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; and

6.    Preserve the livability of residential areas and the general welfare of the community.

B.    Applicability. This chapter applies to all residential units and properties in the City regardless of their zoning designation. It does not apply to family child care homes, which are regulated separately in Section 18.23.090, Day care centers and large family child care homes.

C.    Permit Requirements.

1.    For home occupations that are not cottage food operations, a zoning clearance is required, and is not transferable. A zoning clearance is required for each home occupation, pursuant to the provisions of Chapter 18.28, Zoning Clearance. A zoning clearance to conduct a home occupation at a particular address is not transferable from one party to another, nor may the type of business be modified. A new zoning clearance must be obtained for each new home occupation.

2.    For cottage food operations, which include operations whereby individuals use their home kitchens to prepare, for sale, foods that are not potentially hazardous, the following regulations apply:

a.    Cottage food operations either with or without an outside employee and without direct sales on site are permitted by right, provided a zoning clearance pursuant to the provisions of Chapter 18.28 is obtained.

b.    Cottage food operations having direct sales on site require a minor use permit and are subject to the following findings:

i.    The establishment, maintenance, and/or conducting of the use will not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use, and will not be detrimental to the public welfare or injurious to property in such neighborhood; and

ii.    The home occupation will not be objectionable and undesirable because of potential noise, increased pedestrian or vehicular traffic, or any other condition which may interfere with the general welfare of the surrounding residential area.

c.    All cottage food operations are subject to the following standards:

i.    Only immediate family members and residents of the dwelling, plus one full-time equivalent outside employee, are allowed to participate in the operation.

ii.    Driveways shall be kept free and clear to accommodate parking for any outside employee or direct sales customer.

iii.    There shall be no outdoor storage of goods or materials visible from off site.

iv.    No commercial vehicles bearing advertising or other business identification shall be visible from the public right-of-way. No more than one commercial vehicle associated with the operation shall be parking on or near the site.

v.    Customer and delivery parking shall not occur by double-parking or blocking of neighboring driveways.

vi.    Customer visits shall be limited to no more than four persons at any given time, or twenty persons in any twenty-four-hour period.

vii.    There shall be no on-site consumption of products other than small samples.

viii.    One nameplate sign measuring no more than two square feet may be placed on the premises attached to the main building near the business entrance, indicating property address, name of business, hours of operation, contact information, and goods provided.

D.    Operational and Performance Standards. Home occupations and cottage food operators must be located and operated consistent with the following standards:

1.    Residential Appearance. The residential appearance of the unit within which the home occupation is conducted shall be maintained, and no exterior indication of a home occupation is permitted.

2.    Location. All activities shall be conducted entirely within the residential unit, or within a garage that is attached to, and reserved for, the residential unit. When conducted within a garage, the doors thereof shall be closed, and the area occupied shall not preclude the use of required parking spaces for parking.

3.    Structural Modification Limitation. No dwelling shall be altered to create an entrance to a space devoted to a home occupation that is not from within the building, or to create features not customary in dwellings.

4.    Maximum Size. The space exclusively devoted to the home occupation (including any associated storage) shall not exceed twenty-five percent of the residential unit floor area.

5.    Employees. Notwithstanding the provision for one full-time equivalent cottage food employee, no employees or independent contractors other than residents of the dwelling shall be permitted to work at the location of a home occupation.

6.    On-Site Client Contact. Notwithstanding the provision for direct sales on site for cottage food operators, no customer or client visits are permitted except for personal instruction services (e.g., musical instruction or training, art lessons, academic tutoring) which may have up to two students at one time.

7.    Direct Sales Prohibition. Notwithstanding the provision for direct sales on site for cottage food operators, home occupations involving the display or sale of products or merchandise are not permitted from the site except by mail, telephone, Internet, or other mode of electronic communication.

8.    Storage. There shall be no storage of materials, supplies, and/or equipment in an accessory building, or outdoors. Storage may only occur within a garage if it does not occupy or obstruct any required parking space. Contractors whose work is conducted entirely off site (and who use their home solely for administrative purposes related to the contracting business) may store construction, electrical, landscaping, plumbing, or similar supplies or materials within a single vehicle of less than one ton carrying capacity.

9.    Equipment. Operations shall not be permitted which involve mechanical or electrical equipment which is not customarily incidental to domestic use. Facsimile machines, copy machines, computers, and other similar business equipment are permitted. Small power tools and similar equipment/machinery not exceeding one horsepower are also permitted.

10.    Hazardous Materials. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities different from those normally provided for residential use. There shall be no storage or use of toxic or hazardous materials other than the types and quantities customarily found in connection with a dwelling unit.

11.    Nuisances. Operations shall be conducted such that no offensive or objectionable noise, dust, vibration, smell, smoke, heat, humidity, glare, refuse, radiation, electrical disturbance, interference with the transmission of communications, interference with radio or television reception, or other hazard or nuisance is perceptible at or beyond any lot line of the unit or structure within which the operation is conducted, or outside the dwelling unit if conducted in other than a single-family detached residence.

12.    Traffic and Parking Generation. Operations shall not generate a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street on which the dwelling is located or which creates the need for additional parking spaces, or involve deliveries to or from the premises in excess of that which is customary for a dwelling unit.

13.    Commercial Vehicles and Attachments. Operations involving more than one commercial vehicle parked on site shall not be permitted. No attachments of equipment or machinery used for business purposes shall be permitted either on the vehicle or on the site when the vehicles are not in use and such equipment or machinery is within view from the public right-of-way or neighboring properties. Storage of attachments of equipment and machinery are not permitted in areas visible from public rights-of-way or neighboring properties, unless part of an active approved construction project on the site.

E.    Prohibited Home Occupations. The following specific businesses are not permitted as home occupations:

1.    Adult-oriented business;

2.    Ambulance services;

3.    Automotive/vehicle repair, painting, body/fender work, upholstering, detailing, washing, including motorcycles, trucks, trailers and boats;

4.    Automotive/vehicle sales with any on-site storage or sale of vehicles;

5.    Barber, beauty and nail salons;

6.    Animal boarding, care, training, breeding, raising or grooming, or veterinary services, conducted on the premises;

7.    Carpentry and cabinet-making businesses;

8.    Firearms manufacture, sales, or repair;

9.    Furniture refinishing or upholstery;

10.    Gymnastic facilities;

11.    Medical and dental offices, clinics, and laboratories, or any type of physical therapy or psychotherapy, or massage therapy;

12.    Mini storage;

13.    Mortuaries;

14.    Instructional services for more than two students at one time;

15.    Print shops;

16.    Recording studio (electronic composition, recording, and re-mixing conducted with headphones and using no amplification, live instruments or live performance excepted);

17.    Repair, fix-it or plumbing shops;

18.    Restaurant;

19.    Retail sales;

20.    Towing service;

21.    Welding, metal working, and machining businesses;

22.    Yoga/spa retreat center;

23.    Businesses that require a commercial cannabis business permit.

F.    Denial and Revocation of Home Occupation Zoning Clearances. A home occupation or cottage food operation approval may be revoked or modified by the Zoning Administrator subsequent to an administrative hearing for violation of any standard of this section. In the event of the revocation of any home occupation approval, or of objection to the limitations placed thereon, appeal may be made in accordance with Section 18.27.150, Appeals. (Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.130 Large-format retail.

Large-format retail establishments shall be designed, located, and operated to meet all of the standards and requirements applicable to commercial centers that contain twenty-five thousand square feet of floor area or more and to comply with the following standards:

A.    Surety Bond. As a condition of approval for a large-format retail establishment, the applicant shall be required to post a cash or surety bond in a form and amount acceptable to the City Manager to cover the cost of complete building demolition and maintenance of the vacant building site if the primary building is ever vacated or abandoned, and remains vacant or abandoned for a period of more than twelve consecutive months following primary business closure.

B.    Vacated Facility. If the facility is vacated, the owner or operator, within twelve months, shall submit, to the Planning Commission, a plan contemplating the removal or reuse of the facility. If the owner or operator is unable to provide a plan that is acceptable to the Planning 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. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.140 Outdoor dining.

Eating and drinking establishments with outdoor dining areas shall be located, developed, and operated in compliance with the following standards:

A.    Application Information. Applicant shall submit a site plan and description of the proposed outdoor dining area. The plan shall be drawn to scale showing the location of buildings and structures and in the case of dining in the public right-of-way, the location of street furnishings and trees, curb and on-street parking, adjacent to the proposed outdoor dining. The plan shall show locations, number and the arrangement of planters, fencing, umbrellas, sun screens, tables, chairs, and other portable or affixed appurtenances proposed. Colors and commercial grade materials shall be specified. An electrical plan, when applicable, shall include any lighting and electrical connection proposed including specification of fixtures, type and location. In addition to any other application materials required, an application for an outdoor dining area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays; and whether any liquor will be sold or consumed in the area to be covered by the permit.

B.    Hours of Operation. Hours of operation shall be limited to the hours of operation of the associated eating and drinking establishment and shall be open for a minimum of two service periods per day, except when the establishment is open for only one service per day.

C.    Permits and Licenses. The applicant shall obtain a City of San Carlos zoning clearance/minor architectural review approval and an annual business registration. The applicant shall also obtain approval from the San Mateo County Health Department. In the case of outdoor dining in the public right-of-way, an annual City of San Carlos encroachment permit is required pursuant to Chapter 12.36. As applicable, a current and valid liquor license issued by the California Department of Alcoholic Beverages Control is also required.

D.    Outdoor Dining Area in the Public Right-of-Way.

1.    Encroachment Permit Required. An encroachment permit approved by the City Engineer is required for any outdoor dining area located in the public right-of-way. No part of an outdoor dining area shall be permanently attached to the building, public right-of-way or sidewalk.

2.    Minimum Clearance. For outdoor dining in the MU-DC zoning district, the outdoor dining area may be located no further than the extent of the brick demarcation line that is closest to the front property line. For all other areas, a minimum of four feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees, tree grates and all similar obstacles shall constitute obstructions within the sidewalk area.

a.    Adjacent to Street. Where the outdoor dining area is located adjacent to a street, an eighteen-inch clearance shall be maintained from the face of the curb to the outdoor dining area unless there is parking parallel to the street, in which case a two-foot clearance is required.

b.    No Obstructions. Minimum width of access opening shall be forty-four inches. No outdoor dining area shall obstruct any points of building ingress and/or egress.

c.    Corner Lots. On a corner lot, the outdoor dining area shall not be located within the area bound by the extensions of the corner building walls between the building and the curb.

d.    Vertical Clearance. Vertical clearance of seven feet shall be maintained.

3.    Design.

a.    No Permanent Attachments. Roofs, awnings or umbrellas may be used in conjunction with an outdoor eating area, although permanent shelters over an outdoor eating area are prohibited. Awnings shall be adequately secured, retractable, and shall comply with the Building Code.

b.    Barriers. The outdoor dining area may be delineated by an edge perpendicular to the sidewalk, but is not required, by the use of barriers such as planter boxes or wrought iron fencing.

c.    Design. The design of all improvements and furniture shall be of a quality to sustain weather and wear, and shall be of commercial grade materials.

i.    Furniture shall be of durable materials such as wrought iron, wood, steel, or cast aluminum. Tables shall be a size suitable for seating of two to four patrons. Plastic chairs and table and vinyl or plastic tablecloths are not permitted.

ii.    Planter boxes shall be of quality materials such as finished wood, precast concrete, terra cotta, or other pottery.

iii.    Umbrellas and awnings shall be solid color canvas. Sun screens shall be a durable fabric and retractable. No generic advertising or signage is permitted.

4.    Operation.

a.    Noise Limits. No entertainment or use, operation, or playing of any musical instrument, loudspeaker, sound amplifier, or other machine for the production or reproduction of sound is permitted in the outdoor dining area.

b.    No Outdoor Cooking or Open Flames. No electrical appliances, heating or cooking of food or open flames shall be allowed in the outdoor dining area. Use of portable heating devices may be permitted with approval from the Fire Marshal.

c.    No Storage. No structure or enclosure to accommodate the serving or clean-up stations, storage of trash or garbage shall be erected or placed on, adjacent to, or separate from an outdoor dining area on the public sidewalk or right-of-way.

d.    Parking. Outdoor dining areas are exempt from the parking requirements of Chapter 18.20, Parking and Loading.

e.    No Overnight Use. All umbrellas, tables, chairs and other portable appurtenances shall be removed from the outdoor dining area at the end of each business day. No storage in the public right-of-way shall be permitted.

5.    Maintenance.

a.    The permittee and the property owner shall maintain the outdoor dining area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.

b.    Activities involving the outdoor dining area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.

c.    If necessary, the permittee or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing stormwater and water quality regulations.

d.    Furniture and appurtenances shall be kept clean and in good condition. Umbrellas shall be kept secure in windy conditions, and fire-treated. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.150 Outdoor retail sales.

Outdoor retail sales shall be located, developed, and operated in compliance with the standards of this section.

A.    Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Section 18.23.240, Temporary uses, and Chapter 18.31, Temporary Use Permits. An encroachment permit is required for any temporary outdoor display and sales within the public right-of-way; reasonable conditions of approval of such permits may be imposed to ensure unobstructed pedestrian movement in a minimum clear zone and to maintain clean sidewalks.

B.    Downtown Outdoor Display and Sales. Outdoor display and sale of merchandise in downtown districts shall comply with this section and Title 12. Outdoor display and sale of merchandise is permitted on private property in the MU-DC, MU-D, MU-N and the MU-SB. Outdoor display and sale of merchandise is permitted on public property and in the right-of-way in the MU-DC, MU-D with frontage on Laurel Street and San Carlos Avenue, MU-N with frontage on Holly Street, MU-N south of Arroyo Avenue and the MU-SB with frontage on Laurel Street. The display area shall not encroach in a public right-of-way, street, alley, sidewalk or other public property without first obtaining an encroachment permit.

1.    General Requirements.

a.    Application Information. Applicant shall submit a site plan and description of the proposed outdoor display and sales area. The plan shall be drawn to scale showing the location of buildings and structures. In cases where outdoor sales are proposed for location in the public right-of-way, the site plan shall include the location of street furnishings and trees adjacent to the proposed outdoor display and sales area. The plan shall show locations, number and the arrangement of portable appurtenances proposed. Colors and commercial grade materials shall be specified. In addition to any other application materials required, an application for an outdoor display and sales area shall state the anticipated periods of use during the year, and the proposed hours of daily use, including Saturdays, Sundays, and holidays.

b.    Hours of Operation. Hours of outdoor display and sales shall be limited to the hours of operation of the associated commercial establishment.

c.    Permits and Licenses. The applicant shall obtain a City of San Carlos zoning clearance/minor architectural review approval and an annual business registration. In the case of outdoor display and sales in the public right-of-way, an annual City of San Carlos encroachment permit is required.

2.    Outdoor Retail Sales Standards.

a.    Design.

i.    The design of all improvements, sales racks and furniture shall be of a quality to sustain weather and wear, and shall be of commercial grade materials. Vinyl or plastic tablecloths are not permitted.

ii.    The merchandise in the outdoor display and sales area including but not limited to the display racks, tables and stands shall not exceed a height of six feet and in no case be lower than two feet.

iii.    Display and sales area fixtures and appurtenances shall be stable and secure in all wind and weather conditions. Umbrellas and awnings shall be solid color canvas. Sun screens shall be a fabric and retractable. No generic advertising or signage is permitted.

iv.    The display and sales area shall not exceed twenty-five percent of the width of the frontage of the associated business storefront.

b.    Operation.

i.    Outdoor display and sales conducted by a business shall be located in front of the associated business storefront.

ii.    All merchandise or services displayed outdoors shall be of the same types ordinarily sold indoors at the business conducting the sale. All sale transactions shall be conducted indoors.

iii.    Outdoor display and sales areas are exempt from the parking requirements of Chapter 18.20, Parking and Loading.

iv.    All display and sale merchandise, furniture and fixtures and other portable appurtenances shall be removed from outdoors at the end of each business day. No outside storage shall be permitted.

c.    Maintenance.

i.    The permittee and the property owner shall maintain the outdoor display and sales area and the adjoining street, curb, gutter and sidewalk in a neat, clean and orderly condition at all times, regardless of the source of the refuse and litter.

ii.    Activities involving the outdoor display and sales area shall be conducted in a manner that does not interfere with pedestrians, parking or traffic.

iii.    If necessary, the permittee or the property owner shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloration and in accordance with prevailing stormwater and water quality regulations.

iv.    Furniture, fixtures and appurtenances shall be kept clean and in good condition.

3.    Outdoor Retail Sales in the Public Right-of-Way.

a.    Encroachment Permit Required. An encroachment permit approved by the City Engineer is required for any outdoor display and sales located in the public right-of-way. No part of an outdoor display and sales area shall be permanently attached to the building, public right-of-way or sidewalk.

b.    Minimum Clearance. For outdoor retail sales in the MU-DC zoning district, the outdoor retail sales area may be located no further than the extent of the brick demarcation line that is closest to the front property line. For all other areas, a minimum of four feet of unobstructed sidewalk must remain available for pedestrians. For purposes of the minimum clear path, parking meters, traffic signs, trees, tree grates and all similar obstacles shall constitute obstructions within the sidewalk area.

i.    Where the outdoor display and sales area is located adjacent to a street, an eighteen-inch clearance shall be maintained from the face of the curb to the outdoor retail sales area unless there is parking parallel to the street, in which case a two-foot clearance is required.

ii.    Minimum width of access opening shall be forty-four inches. No outdoor display and sales area shall obstruct any points of building ingress and/or egress.

iii.    On a corner lot, the outdoor display and sales area shall not be located within the area bound by the extensions of the corner building walls between the building and the curb.

iv.    Vertical clearance of seven feet shall be maintained.

C.    Ongoing Outdoor Display/Sales. The ongoing outdoor display of merchandise, except for automobile/vehicle sales and leasing, which is subject to Section 18.23.050, Automobile/vehicle sales and services, requires approval of a conditional use permit in accordance with Chapter 18.30, Use Permits, and shall comply with the following minimum standards:

1.    Location. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way. A minimum setback of fifteen feet from any public right-of-way is required.

2.    Screening. All outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales shall be screened from adjacent public rights-of-way and residential districts by decorative solid walls, solid fences, or landscaped berms.

3.    Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation and does not encroach upon parking spaces, driveways, pedestrian walkways, or required landscaped areas. These displays shall also not obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.160 Outdoor storage.

Outdoor storage shall be located, developed and operated in compliance with the following standards:

A.    Applicability. Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than seventy-two hours must conform to the standards of this section. The regulations of this section do not apply to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit. All storage in the public right-of-way shall be subject to an encroachment permit.

B.    Permitted Locations. Table 18.23.160-B states the districts where outdoor storage is permitted and prohibited.

TABLE 18.23.160-B: OUTDOOR STORAGE REGULATIONS BY DISTRICT AND LOCATION 

Base Districts

Permissibility of Open Storage

Residential, Mixed-Use, LC and NR Districts

Not permitted (all storage must be within an enclosed building).

IA, IP, and Public and Semi-Public 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.

IL and IH Districts

Permitted as a principal use outside of required yards, parking and circulation areas, and required landscaped areas subject to the standards of this section.

GCI

Requires a conditional use permit as a principal use and must occur outside of required yards, parking and circulation areas, and required landscaped areas subject to the standards of this section.

C.    Surfacing. Outdoor storage areas shall be surfaced with a minimum thickness of two inches of Type A asphalt concrete over ninety-five percent relative compaction native soil, or a minimum thickness of six inches of Class B concrete. Such surfacing shall be permanently maintained free of structural defects. The Director may allow outdoor storage of nonhazardous materials on other surfacing only if the following findings can be made:

1.    The proposed surfacing is appropriate to the type of product stored.

2.    The proposed surfacing will conform to all applicable Federal and State air and water quality standards. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.170 Personal services. Revised 12/17

Personal service establishments shall be located, developed, and operated in compliance with the following standards:

A.    Hours of Operation. Hours of operation shall be limited to seven a.m. to ten p.m. unless otherwise specified in a zoning clearance, conditional use permit or other permit.

B.    Location. As specified in the base district regulations, with additional provisions specified in this section.

C.    MU-DC District. Personal services are permitted within the 600, 700 and 800 blocks of Laurel Street and the 1100 and 1200 blocks (south side only) of San Carlos Avenue, in accordance with the following criteria:

1.    Existing personal services uses may continue to occupy their current location but shall not expand greater than twenty-five percent of their floor area as it existed on August 22, 1994.

2.    New personal services uses may move into a location that was previously a personal services use, provided:

a.    That location has not been vacant for more than six months; and

b.    The new business type is the same as the previous business type, i.e., beauty salon for beauty salon, shoe repair for shoe repair, etc.

3.    New personal services may move into a location that was previously retail, restaurant, personal services, or a space that was vacant for more than six months, provided no other personal service use of any type exists within a three-hundred-foot radius of the proposed use.

D.    Massage Establishments. Regulation of the operation of massage establishments is provided for in Title 5 in the interest of public health, safety and welfare by providing minimum sanitation and health standards for such establishments and by ensuring that persons offering services therein possess the minimum qualifications necessary to operate such businesses and to perform such services.

1.    Permits and Licenses.

a.    A massage establishment shall be subject to and in conformance with the provisions of Chapter 5.40 et seq.

b.    Prior to establishment of the massage establishment, the applicant shall apply for and receive an annual business registration as set forth in Chapter 5.04.

E.    Repealed by Ord. 1525.

F.    Tattoo or Body Modification Parlor. The following standards regulate the operation of facilities that perform tattooing and body modification to provide for the health, safety and welfare of the public and ensure compliance with California Health and Safety Code Section 119300 et seq.

1.    Location. Tattoo and body modification parlors shall be located a minimum of five hundred feet from any other such establishment, any public park and any school for students in any grade from kindergarten through twelfth grade.

2.    Registration Required. Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the San Mateo County Department of Health.

3.    No Persons Under Eighteen. A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen is allowed on site, unless accompanied by his or her parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age. (Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.180 Personal storage.

Personal storage facilities shall be located, developed and operated in compliance with the following standards:

A.    Business Activity. All personal storage facilities shall be limited to inactive items such as furniture and files. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.

B.    No Hazardous Materials Storage. No storage of hazardous materials is permitted.

C.    Notice to Tenants. As part of the rental process, the facility manager shall inform all tenants of conditions restricting storage of hazardous materials and limitation on the use of the storage units. These restrictions shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

D.    Open Storage. Open storage, outside an enclosed building, shall be limited to vehicles and trailers and screened from public view by building facades or solid fences.

E.    Circulation. Driveway aisles shall be a minimum of twenty feet wide.

F.    Exterior Wall Treatments and Design. Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

G.    Screening. Where exterior walls are required or proposed, they shall be constructed of decorative block, concrete panel, stucco, or similar material. The walls shall include architectural relief through variations in height, the use of architectural “caps,” attractive posts, or similar measures. A gate(s) shall be decorative iron or similar material.

H.    Fencing. A six-foot-high security fence shall be provided around the perimeter of the development at locations where the solid facades of the storage structures do not provide a perimeter barrier. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.190 Recycling facilities.

Recycling facilities shall be located, developed, and operated in compliance with the following standards:

A.    Reverse Vending Machines.

1.    Accessory Use. Reverse vending machines may be installed as an accessory use to a permitted or conditionally permitted primary use on the same site.

2.    Location. Machines shall be located adjacent to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation.

3.    Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

4.    Signs. The maximum sign area on a machine is four square feet, exclusive of operating instructions.

5.    Lighting. Machines shall be illuminated to ensure comfortable and safe operation between dawn and dusk.

6.    Trash Receptacle. Machines shall provide a forty-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

B.    Recycling Collection Facilities.

1.    Size. Recycling collection facilities shall not exceed a building site footprint of three hundred fifty square feet or include more than three parking spaces (not including space periodically needed for the removal or exchange of materials or containers).

2.    Equipment. No power-driven processing equipment, except for reverse vending machines, may be used.

3.    Location. Facilities shall not be located within fifty feet of a residential district.

4.    Setback. Facilities shall be set back at least ten feet from any street lot line and not obstruct pedestrian or vehicular circulation.

5.    Containers. Containers shall be constructed of durable waterproof and rustproof material(s) and secured from unauthorized removal of material. Capacity sufficient to accommodate materials collected in the collection schedule.

6.    Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

7.    Signs. The maximum sign area shall be twenty percent of the area of the side of facility or container or sixteen square feet, whichever is larger. In the case of a wheeled facility, the side is measured from the pavement to the top of the container. The Director may authorize increases in the number, size and nature of additional signs for necessary directional or identification purposes but not for outdoor advertising.

8.    Parking. Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows available capacity during recycling facility operation.

9.    Site Maintenance. Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

C.    Recycling Processing Facility.

1.    Location. Facilities shall not abut a residential district.

2.    Screening. The facility must be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

3.    Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4.    Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.200 Residential care facilities.

Residential care facilities shall be located, developed and operated in compliance with the following standards:

A.    Location. Minimum distance from other residential care facilities shall be three hundred feet.

B.    Screening and Landscaping. A minimum six-foot-high solid wall or fence shall be provided for purposes of screening and securing outdoor recreational areas. Chain metal fencing and barbed wire are prohibited. All other provisions of Chapter 18.18, Landscaping, shall apply.

C.    Licensing. Residential care facilities shall be licensed and certified by the State of California and shall be operated according to all applicable State and local regulations.

D.    No Drug or Alcohol Use. Residents and staff shall sign an agreement affirming that use of drugs or alcohol on the premises is prohibited and acknowledging that drug or alcohol use will result in termination or eviction. (Ord. 1480 (Exh. C (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.210 Second dwelling units.

A.    Purpose. The purpose of this section is to:

1.    Allow second dwelling units as an accessory use to single-unit dwellings, consistent with California Government Code Section 65852.2; and

2.    Maintain the single-family character of neighborhoods in the City.

B.    Standards.

1.    Location. Second units may be established on any lot in any district where a primary single-unit dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit and there is no other second dwelling unit within four hundred feet measured from nearest edge of the lot line of each respective or proposed second dwelling unit. The Director may grant a waiver to the four-hundred-foot separation requirement if he finds that there are no substantial parking, privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit. The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least ten days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.

2.    Number of Units. Only one second unit is permitted per primary single-family dwelling on the same lot.

3.    Type of Unit. The second unit shall provide separate, independent living quarters for one household. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot, subject to the standards of this section. An existing single-family dwelling may be converted into two dwelling units.

4.    Maximum Floor Area. The gross floor area of a detached second unit shall not exceed six hundred forty square feet. The gross floor area of an attached second unit shall not exceed thirty percent of total living area, or the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code, whichever is greater, with a maximum allowable floor area of one thousand two hundred square feet.

5.    Development Standards. Second units shall conform to the height, setbacks, lot coverage and other zoning requirements of the zoning district in which the site is located, the following development standards, other requirements of the Zoning Ordinance, and other applicable City codes.

a.    Height. The maximum height of a second dwelling unit is fifteen feet; twenty-eight feet if located over a detached garage.

b.    Setbacks. In addition to all other requirements of the zoning district, any detached second dwelling units shall be located a minimum of five feet from all side and rear lot lines.

i.    The Director may grant a waiver to this setback requirement for second units constructed prior to January 1, 2003, if the length of the building does not exceed twenty-five feet or one-third of the unobstructed distance along a lot line or the structure has been determined to be legally nonconforming and if he finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit.

ii.    In no event shall any detached second dwelling unit be located closer than three feet from any property line.

iii.    The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least twenty days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.

c.    Openings. Openings, including but not limited to windows and doors, for detached second dwelling units that are located ten feet or less from an interior side or rear lot line are prohibited on walls facing such lot lines.

i.    The Director may grant a waiver, pursuant to the provision of Chapter 18.33, Waivers, to allow openings for detached second dwelling units that are located ten feet or less from a side or rear lot line on walls facing lot lines if he/she finds that there are no substantial privacy, noise, health and safety or visual impacts to neighbors associated with the location and siting of the detached second dwelling unit.

ii.    The Director shall hold a public hearing before allowing a waiver with notice to neighbors at least twenty days prior to the hearing and as provided for in Chapter 18.27, Common Procedures.

6.    Architectural Compatibility. The architectural design, exterior materials and colors, roof pitch and style, type of windows, and trim details of the second dwelling unit shall be substantially the same as and visually compatible with the primary dwelling.

7.    Parking. One independently usable on-site parking space shall be provided for the second dwelling unit, which shall be provided in addition to the required parking for the primary single-unit dwelling. This space shall comply with all development standards set forth in Chapter 18.20, Parking and Loading.

a.    A tandem parking space may also be used to meet the parking requirement for the second dwelling unit, providing such space will not encumber access to a required parking space for the primary single-unit dwelling.

b.    Required parking for the primary single-family dwelling may not be removed for the creation of a second dwelling unit (e.g., garage conversions), or allocated to meet the parking requirement for the second dwelling unit, unless replacement parking is provided in accord with this title.

c.    The Zoning Administrator may grant a waiver to the parking requirement if it is found that there are no significant parking impacts associated with adding to the on-street parking situation in the neighborhood. The Zoning Administrator shall hold a public hearing with notice to neighbors at least ten days prior to the hearing, as provided for in Chapter 18.27, Common Procedures, prior to granting a waiver.

8.    Code Compliance. The second unit shall comply with all provisions of the municipal code in effect at the time of approval of the building permit for the second unit.

9.    Emergency Access. A second dwelling unit may be permitted only on a lot with access from a roadway that meets the fire apparatus access road requirements of the California Fire Code Section 902.2.2.1.

10.    Owner Occupancy. Either the primary dwelling unit or the second dwelling unit shall be owner-occupied. The property owner shall enter into a restrictive covenant with the City, which shall be recorded against the property. The restrictive covenant shall confirm that either the primary dwelling unit or the second dwelling unit shall be owner-occupied and prohibit rental of both units at the same time. It shall further provide that the second dwelling unit shall not be sold, or title thereto transferred separate and apart from the rest of the property.

C.    Amnesty (Preexisting Units). Record owners of second dwelling units constructed prior to January 1, 2003, who wish to legalize such units without penalty, may obtain a certificate of legalization from the Building Official by complying with the following requirements. For purposes of this section, the time of construction for amnesty units shall mean the date the structure was initially used as a second dwelling unit. A structure not used as a second dwelling unit prior to January 1, 2003, and converted to a second dwelling unit on or after that date shall be considered a new second dwelling unit and shall be required to meet current requirements of the Building Code and all standards of subsection C of this section.

1.    Provide evidence to the satisfaction of the Building Official that the second dwelling unit was constructed prior to January 1, 2003.

2.    Provide plans and documentation demonstrating compliance with subsection B of this section, Standards.

3.    Provide the Building Official a property inspection report for the second dwelling unit from a licensed contractor, or property inspector, which report shall be subject to Building Division verification and correction of any code violations noted. The Building Official may authorize a City inspector to provide the inspection report at his/her discretion.

4.    Correct any health and safety defects in construction and comply with any codes in effect at the time of original construction of the second dwelling unit to the satisfaction of the Building Official.

5.    Pay all required fees. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.220 Single room occupancy hotels.

Single room occupancy (SRO) hotels shall be located, developed, and operated in compliance with the following standards:

A.    Maximum Occupancy. Each SRO living unit shall be designed to accommodate a maximum of two persons.

B.    Minimum Size. An SRO living unit must have at least one hundred fifty square feet of floor area, excluding closet and bathroom. No individual unit may exceed four hundred square feet.

C.    Minimum Width. An SRO of one room shall not be less than twelve feet in width.

D.    Entrances. All SRO units must be independently accessible from a single main entry, excluding emergency and other service support exits.

E.    Cooking Facilities. Cooking facilities shall be provided either in individual units or in a community kitchen. Where cooking is in individual SRO units, SRO units shall have a sink with hot and cold water; a counter with dedicated electrical outlets and a microwave oven or properly engineered cook top unit pursuant to Building Code requirements; a small refrigerator; and cabinets for storage.

F.    Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.

G.    Closet. Each SRO unit shall have a separate closet.

H.    Common Area. Four square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least two hundred square feet in area of interior common space provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.

I.    Tenancy. Tenancy of SRO units shall be limited to thirty or more days.

J.    Facility Management. An SRO facility with ten or more units shall provide full-time on-site management. An SRO facility with less than ten units shall provide a management office on site.

K.    Management Plan. A management plan shall be submitted with the permit application for all SRO projects. At minimum, the management plan must include the following:

1.    Security/Safety. Proposed security and safety features such as lighting, security cameras, defensible space, central access, and user surveillance;

2.    Management Policies. Management policies including desk service, visitation rights, occupancy restrictions, and use of cooking appliance;

3.    Rental Procedures. All rental procedures, including weekly and monthly tenancy requirements;

4.    Staffing and Services. Information regarding all support services, such as job referral and social programs; and

5.    Maintenance. Maintenance provisions, including sidewalk cleaning and litter control, recycling programs, general upkeep, and the use of durable materials. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.230 Social service facilities.

All social service facilities shall be located, developed, and operated in compliance with the following standards:

A.    Adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers;

B.    Sufficient patron seating facilities for dining, whether indoor or outdoor;

C.    Effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas;

D.    A plan of operation, including but not limited to patron access requirements, hours of operation, control of congregate activity, security measures, litter control, and noise attenuation; and

E.    Evidence of compliance with all building and fire safety regulations and any other measures necessary and appropriate to ensure compatibility of the proposed use or uses with the surrounding area. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.240 Temporary uses.

This section establishes standards for certain uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

A.    Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a temporary use permit. Other permits, such as building permits, may be required.

1.    Garage Sales. Garage sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards:

a.    A nonprofit organization or association of persons may conduct a garage sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the three sales per year limitation set forth in subsection (A)(1)(b) of this section.

b.    No more than three garage sales shall be conducted on a site in any calendar year; however, a fourth sale shall be permitted if satisfactory proof of a bona fide change in ownership of real property is first presented to the Director.

c.    No single sale event shall be conducted for longer than three consecutive days.

d.    Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

e.    Garage sales shall be conducted between the hours of nine a.m. and six p.m.

f.    Property offered for sale at a garage sale may be displayed only within the perimeters of the residence, the driveway, or the rear yard of the property on which the garage sale is being conducted.

g.    A maximum of four off-site directional signs, not to exceed eighteen inches by twenty-four inches, shall be permitted. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or in the public right-of-way.

h.    The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under this title, shall be prohibited.

2.    Nonprofit Fund Raising. Fund raising sales for up to three days per event are permitted on a site by a nonprofit organization, not to be conducted more frequently than three times per year per site.

3.    Temporary Construction Office Trailers. On-site temporary construction offices during the period of construction. Screening may be required by the Director.

4.    Tents. Tents are defined as a structure, enclosure, or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported in any manner except by air or the content it protects and are allowed as a temporary use, and are allowed to be erected consistent with the time limits set forth for temporary uses defined in this section and shall be subject to the same criteria listed under Section 18.15.020, Accessory buildings and structures.

B.    Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Chapter 18.31, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the temporary use permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the City as a whole.

1.    Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins and similar items may be permitted in accordance with the following standards:

a.    Time Period. Seasonal sales associated with holidays are allowed up to a month preceding and one week following the holiday. Christmas tree sales are allowed from Thanksgiving Day through December 31st.

b.    Goods, Signs and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within ten days after the end of sales, and the appearance of the site shall be returned to its original state.

2.    Special Events and Sales. Other short-term special events, outdoor sales, and displays that do not exceed three consecutive days may be permitted in accordance with the following standards:

a.    Location. Events are limited to nonresidential districts.

b.    Number of Events. No more than four events at one site shall be allowed within any twelve-month period.

c.    Signs. Outdoor uses may include the addition of one nonpermanent sign up to a maximum size of four square feet in area, subject to Chapter 18.22, Signs.

d.    Existing Parking. The available parking shall not be reduced to less than seventy-five percent of the minimum number of spaces required by Chapter 18.20, Parking and Loading.

e.    Recreational Special Events. Short-term recreational special events shall be part of an existing commercial recreation or personal service use located on the same site.

f.    Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are also subject to the following standards:

i.    Location. Carnivals, fairs, and festival events are limited to areas within commercial or employment districts, or on land owned by a school.

ii.    Time Limit. When located adjacent to a residential district, the hours of operation shall be limited to eight a.m. to nine p.m.

3.    Temporary Outdoor Sales. Temporary outdoor sales, including, but not limited to, grand opening events and other special sales events, are also subject to the following standards:

a.    Temporary outdoor sales shall be part of an existing business on the same site.

b.    Outdoor display and sales areas must be located on a paved or concrete area on the same lot as the structure(s) containing the business with which the temporary sale is associated.

c.    Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

C.    Temporary Uses Requiring a Minor Use Permit. Other special events, outdoor sales, and displays that exceed three consecutive days but not more than one month may be allowed with the approval of a minor use permit so long as they are not intended to extend longer than one month and they are determined to not impact neighboring uses or otherwise create significant impacts. (Ord. 1480 (Exh. C (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.250 Transitional and supportive housing.

Transitional and supportive housing constitute a residential use and are subject only to those restrictions that apply to other residential uses of the same type in the same district. (Ord. 1438 § 4 (Exh. A (part)), 2011)

18.23.260 Formula business uses. Revised 3/17

Formula business uses shall be located, developed and operated in compliance with the following standards:

A.    Applicability. This section applies to the ground floor only of properties with frontage on the 600, 700 and 800 blocks of Laurel Street. Primary uses, accessory uses, and incidental uses are included.

B.    Concurrent Processing. When a formula business use requires a conditional use permit, sign permit, design review, or any other discretionary approval, the applications shall be submitted and reviewed concurrently.

C.    Permit Requirements. All new formula business uses, existing formula business uses that desire to relocate to a new tenant space, and formula business uses that expand by ten percent or more of floor area shall require a conditional use permit from the Planning Commission.

1.    Necessary Findings. Prior to approving an application for a conditional use permit for a formula business use, the Planning Commission must make all of the findings for a use permit application found in Section 18.30.060 and the following additional findings:

a.    The design of the proposed use does not detract from the City’s unique, small-town character and architecture; and

b.    The use will enhance the economic health of the downtown core area. In considering this finding, the decision-maker may consider economic factors such as vacancies and unmet needs; and

c.    The use will contribute to a mixture of independent businesses and formula businesses in the downtown core area.

2.    To evaluate a proposed project’s compliance with the above findings, the Director may require submittal of additional studies that substantiate the basis for granting the use permit.

D.    Design Standards. When evaluating the design review and sign permit applications for an existing formula business use or proposed formula business use subject to subsection C of this section, the decision-maker shall consider the design criteria found at Chapter 18.29 and sign regulations found at Chapter 18.22. (Ord. 1518 § 3 (Exh. B), 2017)

18.23.270 Commercial cannabis businesses. Revised 12/17

A.    Applicability. This section applies to businesses that require a commercial cannabis business permit per Chapter 8.09, Regulation of Commercial Cannabis Activities—Permit Required.

B.    Permit Requirements.

1.    All new commercial cannabis business uses, existing commercial cannabis business uses that desire to relocate to a new tenant space, and commercial cannabis business uses that expand by ten percent or more of floor area shall require a zoning clearance, pursuant to the provisions of Chapter 18.28, Zoning Clearance, or, if required, a minor use permit, pursuant to the provisions of Chapter 18.30, Use Permits.

2.    Any zoning clearance or minor use permit application for a commercial cannabis business use must specify the State cannabis license type under which the business will operate.

3.    A commercial cannabis business shall be subject to and in conformance with the provisions of Chapter 8.09 et seq.

C.    Operational and Performance Standards. Commercial cannabis businesses must be located and operated in compliance with the following standards:

1.    Buffers.

a.    A commercial cannabis business shall provide a minimum six-hundred-foot buffer from R zoning districts.

b.    A commercial cannabis business shall provide a minimum six-hundred-foot buffer from a school, day care center, or youth center as defined in Section 11353.1 of the State of California Health and Safety Code.

2.    Cultivation.

a.    Commercial cannabis cultivation shall only occur as a nursery or a component of a microbusiness.

b.    All commercial cannabis cultivation shall occur indoors.

c.    Commercial cannabis cultivation shall not be visible from any public right-of-way.

d.    Cultivation may rely on artificial lighting or mixed light, which is a combination of natural and supplemental artificial lighting.

3.    Building and Site Modifications. No physical modification of a building or site used for an existing or new commercial cannabis business is allowed without written prior permission by the City and payment of any required fees.

4.    Parking. Commercial cannabis uses shall comply with the parking requirements of the relevant use classifications set forth in Chapter 18.20, Parking and Loading.

5.    Signage. Signage for commercial cannabis uses shall comply with Chapter 18.22, Signs. No commercial cannabis business use may be considered exempt under Section 18.22.070, Signs exempt from the sign permit requirement.

6.    Noise. Use of air conditioning and ventilation equipment shall comply with Chapter 9.30, Noise Control. The use of generators is prohibited, except as short-term temporary emergency back-up systems.

7.    Screening. All outdoor equipment shall comply with the screening requirements in Section 18.15.090, Screening.

8.    Consumption. There shall be no on-site consumption of cannabis or cannabis products.

9.    No Persons Under Twenty-One. A sign shall be posted on the door or in view of the entrance stating that no person under the age of twenty-one is allowed on site, unless accompanied by his or her parent or documented legal guardian. The operator of the establishment shall require all customers to show proof of age. (Ord. 1525 § 2(1) (Exh. A (part)), 2017)

18.23.280 Personal cannabis cultivation. Revised 12/17

A.    Applicability. This section applies to the cultivation of up to six cannabis plants for personal use in compliance with all applicable local regulations and the Compassionate Use Act, the Medical Marijuana Program Act, SB 94 (Cannabis: medicinal and adult use), Proposition 64, and the California Health and Safety Code.

B.    Permit Requirements. Personal cannabis cultivation is permitted in all zoning districts; no permit is required.

C.    Operational Standards.

1.    Personal cannabis cultivation shall not be visible from any public right-of-way. (Ord. 1525 § 2(1) (Exh. A (part)), 2017)