Chapter 18.116 GENERAL PROVISIONS

B. Nothing contained in the title shall be deemed to require any change in the plans, construction or designated use of any building for which a building permit has been properly issued, in accordance with the provisions of ordinances then in effect, and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.020 State law.

Any citation of a State of California statute shall mean the statute as in effect on January 1, 1980, or its successor legislation. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.030 Zoning Administrator—Office established.

The office of Zoning Administrator of the City is hereby created and established. The City Manager shall have the duties of Zoning Administrator, which may be delegated by him to such person or persons as he deems appropriate. The Zoning Administrator shall have such duties and responsibilities as are given to him by the provisions of this title. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.040 Zoning Administrator—Duty and authority.

The Zoning Administrator shall administer, interpret and enforce the provisions of this title, and may grant a conditional use permit for any use which he is authorized by this title to issue. In furtherance of such authority he, or his authorized representative, shall:

A. Receive and examine applications for and issue Code Compliance Certificates and maintain permanent records thereof;

B. Conduct such inspections of buildings, structures and use of land as are necessary to determine compliance with the terms of this title;

C. Whenever there is doubt as to the classification of a use not specifically mentioned in this title, the determination shall be made by the Zoning Administrator unless otherwise provided by this title;

D. Conduct public hearings as required by this title;

E. Refer items directly to the Planning Commission when, in his opinion, the public interest would be better served by Planning Commission conduct of a required public hearing. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.050 Zoning clearance.

A zoning clearance shall be required for any building or structure hereinafter erected, constructed, altered, repaired or moved within any district established by this title, and for the use of vacant land, or for a change in the character of the use of the land, within any district established by this title. Such clearance shall be obtained from the Planning Department prior to issuance of any building permit. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.060 Code Compliance Certificate.

Code Compliance Certificate requirements shall be as provided in Chapter 15.08 of the San Carlos Municipal Code, on public safety. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.080 Conditional use permits.

Conditional use permits may be applied for and granted pursuant to the provisions of Chapter 18.124 on conditional use permits. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.090 Height limits.

A. Chimneys, cupolas, flagpoles, antennas, monuments, gas storage holders, towers (other than radio), water tanks and similar structures and mechanical appurtenances may be permitted in excess of height limits upon approval of the Planning Commission in commercial, industrial, multifamily and PC zoning districts or by the Exception Design Control Committee in R-1 and R-1-LD zoning districts.

B. No fence, hedge or screen planting of any kind shall be constructed, grown or maintained to exceed six feet in height.

1. Exceptions:

a. Trees on Corner Lots. All trees growing on corner lots within a front setback shall be so trimmed that the main trunks thereof are exposed from ground to a height of seven feet above curb level.

b. Trees—General Provisions. No branches or foliage over the roadway shall be maintained or permitted between the street level and the height of thirteen feet.

c. Tree Branches. No branches or foliage over the sidewalk area shall be permitted or maintained between the sidewalk level at a height of seven feet above the sidewalk.

d. Trees in Interior Lots. Any tree in the front ten feet of a lot which, in the opinion of the Director of Public Works, obscures vision from any driveway shall be trimmed seven feet above the height of the driveway. (Ord. 1319 § 29, 2003; Ord. 1143 § 2, 1994; Ord. 1098 § 3, 1992; Ord. 1057 § 7, 1990; Ord. 977 § 1 Ex. A (part), 1987)

18.116.100 Variances.

Variances may be applied for and granted to the provisions of the Chapter 18.128 of this title on variance procedure. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.110 Building site area.

Any lot or parcel of land under one ownership and of record on the first day of March, 1959, may be used as a building site even when of less area or width than that required by the regulations for the district in which it is located. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.120 Yards.

A. Architectural features such as cornices, eaves, canopies and bay windows may not extend more than two feet into any required yard; bay windows may not be wider than fifty percent of the width of the adjoining room. In addition, each bay must include a window.

B. Open, uncovered porches, landings and balconies or outside stairways may project not more than two feet into any required side yard, and not exceeding six feet into any required front yard.

C. Except where otherwise provided in the districting regulations, every building or portion thereof, which is designed or used for any dwelling purpose in any C or M District shall comply with the provisions of this title as to side yards which are required in R Districts; provided, that when the ground floor of any such building is used for any commercial purpose, no side yard shall be required.

D. Where building lines have been indicated on a subdivision filed on record in the office of the County Recorder, or where indicated on any zoning map, the lines shown on such maps shall take precedence over the front yard setback lines set forth in this title, except that all regulations for future width lines as established by this title or by the streets and highways element of the General Plan, shall be adhered to. (Ord. 1161 § 2 (part), 1994; Ord. 977 § 1 Ex. A (part), 1987)

18.116.125 Residential accessory structures.

A. Residential Accessory Structure Development Standards. When an accessory building is attached to the main building, it shall be made structurally a part of, and have a common wall or roof with, the main building and shall comply in all respects with the requirements of this title applicable to the main building. Unless so attached, an accessory building:

1. Shall be located on the rear one-half of the lot and at least six feet from any structure existing or under construction on the same lot;

2. Shall not be located within five feet of any alley or within five feet of the side property line of the front one-half of any adjacent lot, and in the case of a corner lot, shall not project beyond the front yard required or existing on the adjacent lot;

3. Shall not exceed thirty percent of the required rear yard area of the lot;

4. Shall not exceed twelve feet from any point on existing ground or grade to the highest point of the roof directly above that point. If floor-joist type construction is used, overall height shall not exceed fifteen feet from any point on existing ground or grade to the highest point of the roof directly above that point;

5. Raised decks over eighteen inches in height which are at least six feet away from the main residence shall be classified as detached accessory structures which must meet placement standards indicated herein. Raised decks, including required rails and any covering, shall not exceed fifteen feet above grade as indicated above;

6. Shall not have a side wall which exceeds eight and one-half feet in average height along any side property line when located a distance of three feet or less from the side property line. When further than three feet from the side property line, the maximum sidewall height shall not exceed the maximum height allowed for accessory structures as stated above;

7. Shall not have a linear length or depth which exceeds twenty-five feet on a side for a required detached garage, or one-third of the unobstructed distance along a property line for other types of accessory structures. This provision shall not apply to any accessory structure which is set back a minimum of five feet from any property line;

8. Shall not require a building permit or Planning Department approval of a site plan if there is only one accessory structure on a lot in a residential zone which is less than one hundred twenty square feet in area, meets all applicable height and placement standards above, and does not contain any electrical or plumbing service. The accessory structure must be shown on any future site plans required for a building permit when other improvements are made to the property, and must comply with setback and lot coverage requirements for the zone. All accessory structures in commercial or industrial zones, regardless of size, shall receive architectural review approval and a building permit;

9. Shall be permitted to contain a toilet, shower and sink upon review and approval by the Planning Director and the Chief Building Official. A bathtub shall not be permitted. The applicant shall obtain all necessary Building Permits for work to be performed. The applicant shall sign a statement, at the time of submittal for a building permit, which will prohibit the use of the accessory structure as a second living unit. The signed statement shall be in the form of a restrictive covenant, and shall be recorded. The applicant shall pay a document preparation fee as set by the City;

10. On a through lot, no detached accessory building shall be erected or altered so as to encroach upon the one-quarter of the lot nearest either street or the front yard required for either street.

B. Nonconforming Residential Garages and Carports. Nonconforming garages or carports in any residential zone may be reconstructed in accordance with the following provisions:

1. Any existing legally constructed garage can be replaced or reconstructed with another garage provided that architectural review approval is obtained. Minor changes can be made to the structure such as enlarging or reducing the size of the structure to improve use, or change of roof pitch and siding to match the main structure. Change of an existing garage to a carport is strongly discouraged. Properties contiguous to and directly fronting the reconstruction shall be notified of the architectural review hearing concerning the plans at least ten days before the meeting.

2. It is the desire of the City to minimize the visual impact of car storage and the storage of materials in a carport. Any existing legally constructed carport can be replaced or reconstructed with a carport only if the carport opening is screened from direct view from the street, or if the carport is consistent in design with the main structure on the property. Replacement by a garage is preferred. Architectural review is required, and provision must be made for storage of materials out of view from the street or neighboring properties when cars are not parked in or in front of the structure. Properties contiguous to and directly fronting the reconstruction shall be notified of the architectural review hearing concerning the plans at least ten days before the meeting.

3. Reconstruction of a garage or carport shall comply with all current zoning provisions for the property, including lot coverage and setbacks.

4. Reconstruction of a garage or carport shall comply with all current Building Code requirements.

C. Architectural Review.

1. The Architectural Review Committee may grant exceptions to current provisions in residential zones listed in Section 18.140.040 and to accessory structure requirements listed in subsections (A)(2), (3), (6), (7), (9) and (10) of this section. The Committee shall not grant exceptions to height, lot coverage or six-foot clearance provisions (exceptions to these provisions would require approval of a variance from the Planning Commission or City Council). The Committee may also review garage size and location to maximize on-site parking. In granting an exception, the Committee shall consider the following:

a. Impact of the structure to adjoining properties. Property owners adjacent to the site shall be noticed by the Planning Department of the architectural review meeting;

b. For nonconforming residential garages or carports, the amount of on-site covered, uncovered and tandem parking. Off-site parking availability within two hundred feet shall also be considered;

c. The design of the structure as it relates to the site, other structures on the property, and improvements on adjoining properties.

2. The Committee shall make the following findings in approving the exception:

a. The granting of the exception is in keeping with the design of the main structure on the property, and the siting and design is appropriate given the limitations of the site; and

b. The location and design of the structure will have minimal or no impact to adjoining properties; and

c. The architecture and appearance of the building or structure is in keeping with the character of the neighborhood and that the structure will not be detrimental to the orderly and harmonious development of the City or impair the desirability of investment or occupation in the neighborhood. (Ord. 1319 § 30, 2003; Ord. 1191 § 1, 1995; Ord. 1172 § 2, 1995; Ord. 1161 § 2 (part), 1994)

18.116.130 Architectural control.

A. Architectural Review Permit. No building or structure shall be constructed, enlarged, or altered on any site in any commercial or multifamily zoning district until and unless an architectural review permit is issued. Additionally, any work that materially alters or affects the exterior appearance of an existing building or structure in any commercial or multifamily zoning district shall not occur until and unless an architectural review permit is issued. All buildings, structures, and developments issued an architectural review permit shall at all times comply with the approved plans and conditions of approvals.

B. Architectural Review—Process. It shall be the duty of the Planning Commission to review all applications for architectural review permits unless otherwise specified within this chapter. The Planning Commission, or where applicable the Planning Director, may add conditions of approval in order to secure the purpose of this chapter.

C. Administrative Review. The Planning Director or his or her designee shall review applications for architectural review permits for minor alterations to buildings or structures within commercial or multifamily zoning districts which substantially comply with the required elements of the design guidelines when within the design guidelines study area. Minor alterations shall include but not be limited to one story additions of less than one thousand square feet, facade improvements which do not have a significant visual impact, upgrades and revisions to existing landscaping plans, and fences which comply with Chapter 18.117. The Planning Director may refer items directly to the Planning Commission when in his or her opinion the proposal does not substantially comply with the design guidelines when within the design guidelines study area or when the public interest would be better served by Planning Commission conduct of an architectural review permit.

D. Appeals. Should the applicant or other interested party not be satisfied with the decision of the Planning Director, an appeal may be made to the Planning Commission pursuant to the regulations in Chapter 18.132 on appeals. Should the applicant or other interested party not be satisfied with the action of the Planning Commission, an appeal may be made to the City Council pursuant to the regulations in Chapter 18.132 on appeals.

E. Application. Applications for architectural review permits shall be filed with the Planning Director. All applications shall be accompanied by a filing fee in accord with the schedule of fees established by the City Council, no part of which is refundable. Based on the complexity of a project, an additional deposit based on staff hourly fees within the City’s uniform fee schedule may be required as determined by the Planning Director. The Planning Director shall prescribe the form of application and data to be filed with the application. The applicant shall include a site plan of proposed buildings or structures with elevations which show appearance and materials of exterior walls, lighting, signage, landscaping, walls or fences used for screening or separation, design of ingress and egress and off-street parking, or loading facilities, and color and construction material samples. The Planning Director or Planning Commission may also require such other information as is considered necessary.

F. Design Guidelines—Application Outside of Study Area. The City encourages incorporation of the design guidelines in commercial development projects outside of the study area as deemed appropriate by the Planning Director.

G. Findings. Prior to approving an application for architectural review, the following findings must be made by the approving body:

1. That the proposal is consistent with the San Carlos General Plan and Title 18, Zoning, of the San Carlos Municipal Code.

2. That the design of the proposal is appropriate to the City, the neighborhood and the lot in which it is proposed.

3. That the design of the proposal is compatible with its environment with respect to use, forms, materials, colors, setbacks, location, height, design, or similar qualities.

4. That the design of the proposal is consistent with the design guidelines, where the property is located within the design guidelines study area.

H. Exceptions. The approving body may authorize exceptions to the required elements of the design guidelines upon making the following finding:

1. Site specific conditions exist which are unique to the property and implementation of the design guidelines would be inappropriate to the purpose and intent of the design guidelines; or

2. There is an overriding consideration or community benefit which necessitates an exception to the required design guidelines.

I. Private Architectural Review. Where deed restrictions or private property covenants, codes, and restrictions require review by a private architectural board, committee, or homeowners’ association, the review shall be accomplished by the applicant and the findings of the board or committee shall be transmitted in writing to the City prior to City action. Application to the board and transmission of its findings shall be the responsibility of the applicant, not the City. (Ord. 1297 § 3 (part), 2001; Ord. 977 § 1 Ex. A (part), 1987)

18.116.135 Residential Design Review Committee.

A. Any residential improvements exceeding the floor area threshold or as otherwise required in the R-1-LD or R-1 or P-C Residential Zoning Districts shall be reviewed by the Residential Design Review Committee. An application for approval shall be accompanied by the required fees and by architectural drawings showing the site plan, floor plans, elevations and color samples of the proposed building or additions and proposed landscape or other treatment of the grounds around such building or additions, and such additional information as the Planning Director may deem necessary. Additionally, visual simulations depicting the neighborhood, footprints of adjacent structures and uses, and window placement plans (including existing adjacent property windows and proposed windows) may be required by the Planning Director. Such drawings shall be considered by the Residential Design Review Committee to assure that the architectural and general appearance of such building or additions are in keeping with the character of the neighborhood and that they need not be detrimental to the orderly and harmonious development of the City or impair the possibility of investment or occupation of the neighborhood.

B. The Residential Design Review Committee shall be comprised of three members: (1) a Planning Commissioner, appointed by the Planning Commission; (2) a citizen volunteer, appointed by the City Council; and (3) a design professional appointed by the City Council. The Residential Design Review Committee may add conditions of approval in order to secure the purpose of this chapter.

C. Should any interested party not be satisfied with the decision of the Residential Design Review Committee, he/she may appeal the decision to the Planning Commission pursuant to the regulations in Chapter 18.132, Appeals.

D. The Planning Commission may serve as the Residential Design Review Committee when the Planning Commission has reviewing authority of the project for other aspects of the application.

E. Notice of review of applications shall be mailed at least ten calendar days prior to the meeting date to the applicant and to each owner of record of property within a one-hundred-fifty-foot radius of the exterior boundaries of the subject property. (Ord. 1384 § 4, 2007: Ord. 1343 §§ 5, 6, 2004; Ord. 1319 § 31, 2003: Ord. 1187 § 1, 1995; Ord. 1065 § 10, 1990)

18.116.140 Hillside residential development.

For the purposes of this title “hillside residential development” means and is defined as any residential development taking place in a hillside area with ten percent slope average or greater. The following criteria apply to all hillside residential developments.

A. The site and structural design shall relate to the natural features of the property including topography, trees, vegetation, land forms and drainage channels.

B. Grading and removal of earth material shall be limited to the lowest practical amount consistent with other principles, policies and standards.

C. Building sites should be planned to orient the access to the houses to the downhill side in relation to the street or access drive.

D. In areas of potential high fire hazard, exterior building materials shall be fire-retardant.

E. Unexcavated areas below structures on hillsides shall be completely enclosed with fire-retardant materials to prevent exposure to wildfire hazard.

F. Public facilities such as roads and utilities shall be designed and located to produce the least practical impact on the hillside environment. Design shall respect the natural topography, produce the least visual impact and require the least grading, while remaining consistent with public health and safety standards. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.160 Open space requirements.

In any residential or commercial residences, the following open space requirements shall apply:

A. Not less than three hundred square feet of open lot area, exclusive of any required vehicular driveways, light wells and access routes, shall be provided for each dwelling unit on the first floor of living area and one hundred fifty square feet of open lot area shall be provided for each dwelling unit above the first floor of living area.

B. The required open lot area for each ground-floor dwelling shall be contiguous thereto, and shall have dimensions of not less than ten feet by twenty feet. Such open lot area may include the required minimum yard areas as set forth in the applicable zoning district.

C. Open roof decks, balconies, lanais or other open structural areas made a part of the building and improved for outdoor living may be used to satisfy the open lot area requirements for each dwelling unit above the ground floor if it is a usable area of not less than one hundred fifty square feet. Required open space for units above the ground floor may be combined for several units and located on the ground. (Ord. 1319 § 32, 2003; Ord. 1087 § 2, 1991; Ord. 977 § 1 Ex. A (part), 1987)

18.116.170 Interpretation.

When interpreting and applying the provisions of this title, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of the ordinance codified in this title to repeal, abrogate, annul or in any way to impair or interfere with any existing provisions of law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by this title to interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that in cases in which this title imposes a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings or the use of any such building or premises in any district than is imposed or required by such existing provisions of law or ordinance, or by such rules, regulations or permits, or by such easements, covenants or agreements, then in such case the provisions of this title shall control. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.180 Enforcement, penalties and legal procedure.

All departments, officials and public employees of the City vested with the duty or authority to issue permits or licenses shall conform to the provisions of this title, and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of this title shall be null and void. It shall be the duty of the Building Inspector of the City to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.190 Remedies cumulative.

The remedies provided for herein shall be cumulative and not exclusive. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.200 Time periods.

Any period of time prescribed in days shall mean calendar days. However, if the last day falls on a Saturday, Sunday or holiday, the last day shall be deemed to be the next business day immediately following such Saturday, Sunday or holiday. Any period of time during which the Zoning Administrator, the Planning Commission or the City Council is required to act may be extended with consent of the applicant. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.210 Land use/community noise compatibility.

Prior to the issuance of any zoning clearance, Code Compliance Certificate, use permit or other entitlement to use, the proposed use shall be reviewed for compatibility with the community environment noise standards established in the Land Use Compatibility for Community Noise Environments chart contained in the noise element of the General Plan. The community noise exposure levels (“CNEL”) used shall be either the “Future Noise Levels (1990)” map contained in the noise element of the General Plan, or calculated CNEL’s prepared by a qualified acoustical engineer. Where the proposed use falls within the normally acceptable range, the entitlement to use may be issued without noise mitigation conditions. Where acoustical studies, reports, design features, noise insulation or other noise mitigation measures are required, such studies and reports shall be prepared at the applicant’s expense and submitted to the Planning or Building Department. Design features, insulation or other mitigation measures recommended in the studies and reports shall be incorporated as conditions of the entitlement to use. Further, the noise performance standards established in Section 18.72.050(F) shall be applied to noise generated in all zoning districts in the City. (Ord. 977 § 1 Ex. A (part), 1987)

18.116.220 Sidewalk cafés.

A. Permit Required. It is unlawful to operate a sidewalk café without an encroachment permit approved by the City Engineer.

B. Application. An application for a sidewalk café 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 encroachment permit.

C. Findings and Conditions. The City Engineer may grant an encroachment permit for a sidewalk café if he/she finds:

1. The applicant is the owner or occupant of the adjacent property and operates a café or restaurant thereon;

2. The sidewalk café use would not unduly and unreasonably impair passage to and from by the public on the sidewalk for which the permit is sought;

3. A six-foot handicapped access would be maintained around the sidewalk café at all times;

4. The proposed sidewalk café area is included with a food-service establishment permit issued by the San Mateo County Department of Health;

5. Any portion of a sidewalk café located on public right-of-way shall be exempt from additional parking requirements, as specified in Chapter 18.140 of this title.

D. Liquor. Liquor as defined in San Carlos Municipal Code, as now existing or hereafter amended, may be used and sold at a sidewalk café when authorized by permit of the California State Liquor Control Board and the Alcohol Beverage Control Board, and not otherwise.

E. Insurance. An applicant for a permit for a sidewalk café shall, prior to issuance of such a permit, provide and maintain in full force and effect while the permit is in effect, public liability insurance in an amount specified by the Risk Manager sufficient to cover potential claims for bodily injury, death, or disability and for property damage, which may arise from or be related to the use of sidewalk area for sidewalk café purposes, naming the City of San Carlos as an additional insured.

1. Indemnity. The applicant for a sidewalk café permit shall execute and deliver to the City Engineer an agreement in writing and acknowledged by the applicant, forever to hold and save the City free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such sidewalk café.

2. Compliance—Sidewalk Conditions. The applicant shall comply with the terms and conditions of the sidewalk café permit issued, and shall maintain the sidewalk in a clean and safe condition for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do so by the City Engineer or other appropriate city officer such as the Chief of Police or Fire Chief or their authorized representatives.

F. Use of Property/Public Right-of-Way for Purposes of Operating a Sidewalk Café. The applicant shall be charged a fee for use of the area to be included in the sidewalk café to the City of San Carlos, as set by City Council in the uniform fee schedule. In addition, the applicant shall enter into an agreement with the City of San Carlos which shall contain a provision that the permit is wholly of a temporary nature, that it vests no permanent right whatsoever, that upon thirty days notice, posted on the premises, or by publication in the official newspaper of the City of San Carlos, or without such notice, in case the permitted use shall become dangerous or unsafe, or shall not be operated in accordance with the provisions of this title, the same may be revoked and the sidewalk furniture ordered removed. Every such agreement, after it has been received in his office and numbered, and after the same has been recorded, shall be retained, by the Director of Finance and City Clerk in the files and records of their offices. (Ord. 1298 § 7 (part), 2001; Ord. 1112 § 6, 1992: Ord. 1073 § 6, 1991)

18.116.230 Personal service use regulations.

A. Personal service uses 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 service 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 the date of adoption of this section.

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

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

b. The new use is the same as the previous use, 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 service, 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.

B. Personal services not within the boundaries described in subsection (A) of this section are permitted in the C-R, C-2, CP and CS zones. (Ord. 1169 § 1, 1995: Ord. 1155 § 5, 1994)

18.116.240 General provisions—West Side Specific Plan development criteria.

The following criteria shall apply in the West Side Specific Plan area (see adopted West Side Specific Plan for applicable geographic areas):

A. There shall be no net loss in the availability of the number of parking spaces resulting from projects approved under the West Side Specific Plan.

B. Bicycle parking or storage facilities shall be provided for new multiple-family residential projects and new commercial development in the West Side Specific Plan project area.

C. Where feasible, provide pedestrian linkages from parking plazas to surrounding streets.

D. Existing private pedestrian and vehicular access shall be retained by discouraging blockage of accessways and obtaining public easements across privately held accessways.

E. Zoning for the redevelopment of the Safeway, Garden Hacienda Apartments, and Laurel Theater sites (see West Side Specific Plan for locations) shall be accomplished pursuant to the planned community zoning regulations. (Ord. 1159 § 2, 1994)