Chapter 18.07
COMMERCIAL LAND USE (C-D, C-R)

Sections:

18.07.010    Purpose.

18.07.015    C-D and C-R zoning districts established.

18.07.020    Permitted uses.

18.07.025    Use regulations.

18.07.030    General development standards.

18.07.035    C-R zoning district development standards.

18.07.040    C-D zoning district development standards.

18.07.045    Exceptions to development standards.

18.07.050    Nonconforming structures and uses.

18.07.055    Historic downtown area, structures and uses.

18.07.060    Required permits and plan review.

18.07.010 Purpose.

The purpose of establishing these commercial-downtown and commercial-residential districts and adopting development standards and use regulations is to:

A.    Guide the orderly development of lands designated on the land use plan map for general commercial uses;

B.    Implement the policies of the downtown historic district specific plan encouraging a range of uses to serve the local residents and visitors to the area;

C.    Provide appropriately located areas consistent with the policies for the Half Moon Bay downtown specific plan, the land use plan, and the general plan for a full range of office, retail commercial, service commercial, and visitor serving uses needed by residents of the city, and visitors to the historic downtown area;

D.    Strengthen and expand the city’s economic base, by providing for visitor serving needs while protecting the small businesses that currently serve city residents in the historic downtown area on a daily basis;

E.    Minimize the impact of commercial development on adjoining residential areas by providing a transition area of lower intensity commercial uses;

F.    Encourage new commercial, mixed-use, and residential development and adaptive reuse of existing historic buildings and sites compatible with surrounding development and consistent with site limitations;

G.    Maintain the existing character of the historic downtown area and discourage the development of new incompatible commercial structures and uses;

H.    Ensure the provision of adequate on-site parking, loading and circulation while maintaining the economic vitality of the area;

I.    Ensure that the size, scale, character and design of any new buildings are consistent with other structures in the immediate vicinity;

J.    Allow public and semipublic uses in commercial areas that are compatible with or supportive of commercial development;

K.    Provide for the continued economic use of historic buildings and sites so as to ensure their restoration and preservation. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.07.015 C-D and C-R zoning districts established.

The intent of this chapter is to establish the following commercial districts and to guide the orderly development within each district as follows:

A.    C-D District, Commercial-Downtown. The intent of establishing this zoning district is to implement the provisions of the downtown specific plan calling for the establishment of development standards and a range of uses that would maintain and be consistent with the historic patterns and pedestrian scale of development within the historic downtown area. Of special importance is the visual quality of the historic downtown area.

1.    This district is intended to function as a mixed-use neighborhood comprised of residential, mixed-use and commercial development providing for visitor serving commercial uses such as restaurants and art galleries, certain public uses, and other retail and service commercial uses and professional offices that serve the local residents on a daily basis.

2.    This district is intended to reinforce the visitor-serving, pedestrian-oriented environment of downtown, especially where the heritage downtown development form remains intact on the Heritage Main Street blocks between Pilarcitos Creek and Correas Street.

B.    C-R District, Commercial-Residential. The intent of establishing this zoning district is to provide a transition zone between the active commercial districts and single-family residential areas. In this transition zone between residential neighborhoods and the more intensive commercial areas, development is limited to residential uses, low-intensity professional offices, and semipublic uses.

1.    It is intended that commercial and professional uses be limited to those with low noise levels, minimal vehicular traffic from patrons, deliveries or pick-ups, and hours of operation that would not adversely impact residents. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.07.020 Permitted uses.

Tables in this section establish the uses permitted in the commercial-downtown and commercial-residential districts.

A.    The uses listed in Tables 18.07.020A through 18.07.020E are numbered and categorized into types of uses. Definitions of each type of use are located within this title in Chapter 18.03, Use Classifications. Uses that are not listed are prohibited within the commercial-downtown and commercial-residential districts.

B.    Use classifications followed by the term “OK” are permitted, whereas use classification followed by the term “UP” require approval of a use permit. A use classification followed by the term “NO” means that the use is not permitted. The term “CDD” means that some or all uses in the use classification require a determination by the community development director that they meet the definition of “active ground-floor dependent use” in Section 18.02.040 or that they are ancillary to a permitted use where required by Section 18.07.025. In the event the community development director determines that a proposed use is not permitted, an applicant may appeal the determination to the planning commission. The term “UPCC” means that some or all uses in the use classification are permitted in most cases, but that approval of a use permit is required in certain cases.

C.    Further description of the circumstances related to the “CDD” and “UPCC” listings in the tables in this section and other specific regulations for certain uses listed can be found in Section 18.07.025. The letters and numbers in Section 18.07.025 correspond to the use categories and specific uses listed in Tables 18.07.020A through 18.07.020E.

Table 18.07.020A

COMMERCIAL USES

C-D Commercial-downtown zoning district

C-R Commercial-residential zoning district

C-D (Heritage Main Street) commercial-downtown zoning district--Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use

 

Key

Commercial Uses

C-D Zoning

C-R Zoning

C-D Heritage Main Street

A-1

Adult Business

NO

NO

NO

A-2

Ambulance Service

UPCC

NO

NO

A-3

Animal Sales or Service:

 

 

 

a

• Boarding

UPCC

NO

NO

b

• Grooming

OK

NO

CDD

c

• Medical Care

OK

NO

NO

d

• Retail Sales

OK

NO

CDD

A-4

Art Gallery

OK

UP

OK

A-5

Artist’s Studio

OK

UPCC

CDD

A-6

Banking:

 

 

 

a

• Full Service

OK

NO

NO

b

• ATM Only

OK

NO

OK

c

• Drive-Up Teller

OK

NO

NO

A-7

Building Materials Sales or Service

OK

NO

NO

A-8

Catering

OK

NO

CDD

A-9

Circus, Carnival or Exhibition

OK

NO

OK

A-10

Commercial Filming

OK

OK

OK

A-11

Commercial Recreation or Entertainment:

 

 

 

a

• Indoor

UPCC

NO

UP

b

• Outdoor

UPCC

NO

UP

A-12

Communication Facility

OK

NO

NO

A-13

Eating or Drinking Establishment:

 

 

 

a

• Cafe, Diner or Restaurant

OK

NO

OK

b

• Fast Food or Takeout

OK

NO

OK

c

• Drive-Through Fast Food

NO

NO

NO

d

• Bar or Tavern

UP

NO

UP

A-14

Equestrian Center

NO

NO

NO

A-15

Food or Beverage Sales

OK

NO

OK

A-16

Funeral or Interment Service

OK

NO

NO

A-17

Gardening Service

OK

NO

NO

A-18

Laboratory

OK

NO

NO

A-19

Maintenance or Repair Service

OK

NO

CDD

A-20

Nursery, Plant

OK

NO

CDD

A-21

Office:

 

 

 

a

• Business or Professional

OK

OK

UPCC

b

• Health Service

OK

OK

CDD/UPCC

c

• Travel Agency

OK

NO

UPCC

A-22

Personal Improvement Service

OK

UP

CDD/UPCC

A-23

Personal Service

OK

NO

CDD/UPCC

A-24

Printing or Publication Facility

OK

NO

CDD/UPCC

A-25

Real Estate Office

OK

NO

UPCC

A-26

Research and Development

UPCC

NO

NO

A-27

Retail Sales:

 

 

 

a

• Indoor Retail

OK

UP

OK

b

• Outdoor Retail

OK

NO

OK

c

• Visitor-Serving Retail

OK

NO

OK

A-28

Seasonal Agricultural Sales

OK

NO

CDD

A-29

Secondhand Sales, Pawn Shop

OK

NO

OK

A-30

Vehicle/Equipment Sales or Service

 

 

 

a

• Automobile Rental

OK

NO

NO

b

• Automobile Washing

UP

NO

NO

c

• Service Station

OK

NO

NO

d

• Vehicle or Equipment Repair

UP

NO

NO

e

• Vehicle or Equipment Sales or Rental

OK

NO

NO

f

• Vehicle Storage

NO

NO

NO

A-31

Visitor Accommodation:

 

 

 

a

• Bed and Breakfast Inn

OK

UP

NO

b

• Campground or RV Park

NO

NO

NO

c

• Hotel, Motel or Time Share

OK

NO

NO

d

• Spa Resort

OK

NO

NO

A-32

Warehouse or Storage

OK

NO

NO

 

Table 18.07.020B

INDUSTRIAL USES

C-D Commercial-downtown zoning district

C-R Commercial-residential zoning district

C-D (Heritage Main Street) commercial-downtown zoning district--Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use

 

Key

Industrial Uses

C-D Zoning

C-R Zoning

C-D Heritage Main Street

B-1

Custom Industry

UPCC

NO

UPCC

B-2

General Industry

NO

NO

NO

B-3

Limited Industry

NO

NO

NO

B-4

Wholesaling, Distribution or Storage

UP

NO

NO

 

 

Table 18.07.020C

PUBLIC AND QUASI-PUBLIC USES

C-D Commercial-downtown zoning district

C-R Commercial-residential zoning district

C-D (Heritage Main Street) commercial-downtown zoning district--Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor

 

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use

 

Key

Public and Quasi-Public Uses

C-D Zoning

C-R Zoning

C-D Heritage Main Street

C-1

Club or Lodge

OK

UP

NO

C-2

Convalescent Facility

UP

UP

NO

C-3

Cultural Institution

OK

UP

CDD

C-4

Day Care, General

UP

UP

NO

C-5

Government Office

OK

OK

UP

C-6

Health Care:

 

 

 

a

• Hospital or Clinic

UP

UP

NO

b

• Emergency Health Care

UP

UP

NO

C-7

Park or Recreation Facility

OK

OK

CDD

C-8

Public Safety Facility

OK

OK

UP

C-9

Religious Assembly

UP

UP

UP

C-10

Residential Care, General

UP

UP

NO

C-11

School, Public or Private

UP

UP

NO

C-12

Utility:

 

 

 

a

• Major

NO

NO

NO

b

• Minor

OK

OK

OK

Table 18.07.020D

RESIDENTIAL USES

C-D Commercial-downtown zoning district

C-R Commercial-residential zoning district

C-D (Heritage Main Street) commercial-downtown zoning district--Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use

 

Key

Residential Uses

C-D Zoning

C-R Zoning

C-D Heritage Main Street

D-1

Group Residential

UP

UP

NO

D-2

Large Family Day Care

OK

OK

NO

D-3

Small Family Day Care

OK

OK

NO

D-4

Limited Residential Care

UP

UP

NO

D-5

Multifamily Residential

OK

OK

NO

D-6

Single-Family Residential

OK

OK

NO

 

Table 18.07.020E

ACCESSORY USES

C-D Commercial-downtown zoning district

C-R Commercial-residential zoning district

C-D (Heritage Main Street) commercial-downtown zoning district--Main Street between Pilarcitos Creek and Correas Street, first fifty feet of frontage depth on ground floor

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

CDD = Requires community development director determination if use qualifies as active ground-floor dependent use or as ancillary to a permitted use

 

Key

Accessory Uses

C-D
Zoning

C-R
Zoning

C-D Heritage Main Street

E-1

Accessory Use or Structure

OK

OK

CDD

E-2

Accessory Dwelling Unit

OK

OK

OK

E-3

Mixed Commercial and Residential

UP

UP

OK

(Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2016-03 §5(part), 2016; Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.07.025 Use regulations.

The following use categories and any additional regulations associated with an identified use are to be taken together with the permit requirements listed for each use classification in Tables 18.07.020A through 18.07.020E. These regulations shall apply to both permitted uses and for uses which are only allowed upon approval of a use permit by the planning commission. Regulations specifically applicable to the ground floor of Main Street between Pilarcitos Creek and Correas Street (Heritage Main Street) are identified when they are distinct from the additional regulations for the commercial-downtown district generally and are further described in subsection F of this section.

A.    Commercial Uses.

A-1 Adult Business. No additional regulations specified.

A-2 Ambulance Service. A use permit is required only where a proposed ambulance service would be located within one thousand feet of an R district or fifty feet of a site occupied by a public or private school or a park or recreation facility.

A-3 Animal Sales or Service. No additional regulations specified.

A-3 a. Boarding. A use permit is required when a proposed boarding facility would be located within two hundred feet of a residential district to ensure that potential noise impacts are adequately addressed.

A-3 b. Grooming. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a permitted use on Heritage Main Street; otherwise no additional regulations specified.

A-3 c. Medical Care. No additional regulations specified.

A-3 d. Retail Sales. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a permitted use on Heritage Main Street; otherwise the sale of domestic animals is allowed as an incidental use to any permitted use in the C-D district.

A-4 Art Gallery. No additional regulations specified.

A-5 Artist’s Studio. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a retail use or art gallery; otherwise studios where the artist works, displays and sells artwork are permitted. A use permit is required in the C-R district only when the artist also lives on the premises and/or maintains an active sales operation.

A-6 Banking. No additional regulations specified.

A-6 a. Full Service. No additional regulations specified.

A-6 b. ATM Only. No additional regulations specified.

A-6 c. Drive-Up Teller. No additional regulations specified.

A-7 Building Materials Sales or Service. Activities shall be conducted and materials shall be stored within a building or shall be enclosed by a fence, wall or permanent planting at least six feet in height. Milling or planing of lumber or other wood products is prohibited unless incidental to a retail use or contractor’s yard.

A-8 Catering. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to an eating or drinking establishment. Catering businesses may be permitted in conjunction with a residential use subject to approval by the San Mateo County environmental health department.

A-9 Circus, Carnival or Exhibition. Such uses, including street fairs and markets on city streets, are permitted upon approval of special events permit. The event may be in one location no longer than two weekend days over two consecutive weekends, unless otherwise permitted by the city council in conjunction with the special events permit. Signs advertising the event shall be approved by the city council in conjunction with the approval of the special events permit.

A-10 Commercial Filming. Use permitted upon securing all necessary permits and licenses required by the municipal code.

A-11 Commercial Recreation or Entertainment. No additional regulations specified.

A-11 a. Indoor. Small-scale billiards/pool halls and movie theaters are permitted in the C-D district by use permit only. Electronic game centers shall not be located within three hundred feet of a school site or the boundary of a residential district, or within five hundred feet of a liquor store, cocktail lounge or bar. At least one adult manager shall be on the premises during the time a game center is open to the public. No game center owner, manager or employee shall allow a minor under eighteen years of age to play game machines during the hours the public schools are open, or after nine p.m. on nights preceding school days. The planning commission may impose restrictions on the design, location and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the community. Bowling alleys, indoor skating rinks and tennis courts and the like are not permitted in the C-D and C-R districts.

A-11 b. Outdoor. Small-scale outdoor commercial recreation uses and activities such as bocce courts and seasonal events such as live music may be permitted. Golf courses and driving ranges, outdoor skating rinks and skateboard parks and tennis courts are not permitted in the C-D and C-R districts. A use permit shall be required for any extensive outdoor uses not listed.

A-12 Communication Facility. No additional regulations specified.

A-13 Eating or Drinking Establishment. No additional regulations specified.

A-13 a. Cafe, Diner or Restaurant. No additional regulations specified.

A-13 b. Fast Food or Takeout. Identifiable containers and napkins shall be used for all carry-out food, and all litter resulting shall be promptly removed.

A-13 c. Drive-Through Fast Food. No additional regulations specified.

A-13 d. Bar or Tavern. No additional regulations specified.

A-14 Equestrian Center. No additional regulations specified.

A-15 Food or Beverage Sales. No additional regulations specified.

A-16 Funeral or Interment Service. No additional regulations specified.

A-17 Gardening Service. No additional regulations specified.

A-18 Laboratory. No additional regulations specified.

A-19 Maintenance or Repair Service. For uses in the first fifty feet of frontage depth on the ground floor or Heritage Main Street, the use must meet the definition of an active ground-floor dependent use, such as shoe repair, appliance services, or a maintenance and repair use ancillary to a permitted use on Heritage Main Street; otherwise, no additional regulations specified.

A-20 Nursery, Plant. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use; otherwise, outdoor storage and display are limited to plants and garden features such as statues, fountains and benches. All merchandise must be kept in an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

A-21 Office. No additional regulations specified.

A-21 a. Business or Professional. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, business or professional offices are prohibited, except pursuant to subsection F of this section. In the remainder of the C-D district, business and professional offices are encouraged on the upper floors of multiple story structures; however, this does not preclude the establishment of business and professional offices on the ground floor in locations other than Heritage Main Street between Pilarcitos Creek and Correas Street. In the C-R district, business and professional offices shall be limited to small-scale, low-intensity uses.

A-21 b. Health Service. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use such as an optometric dispensary or sales of medical equipment for personal use; otherwise, health service uses are prohibited, except pursuant to subsection F of this section. In the C-R district, health services offices shall be limited to small-scale, low-intensity uses.

A-21 c. Travel Agency. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, travel agencies are prohibited, except pursuant to subsection F of this section, no additional regulations specified.

A-22 Personal Improvement Service. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use; otherwise, professional improvement service uses are prohibited, except pursuant to subsection F of this section.

A-23 Personal Service. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use; otherwise, personal service uses are prohibited, except pursuant to subsection F of this section.

A-24 Printing or Publication Facility. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use such as for retail and/or self-service printing and publication; otherwise, printing and publication facility uses are prohibited, except pursuant to subsection F of this section, no additional regulations specified.

A-25 Real Estate Sales Office. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, real estate offices are prohibited, except pursuant to subsection F of this section, no additional regulations specified.

A-26 Research and Development. A combination of office space and up to two thousand additional square feet of space for laboratories, small-scale fabrication, assembly, and testing, all fully enclosed inside a building, may be permitted. Any storage of hazardous materials or equipment noise or vibration shall be compatible with the C-D district; all other aspects of the use must be consistent with the laboratories use classification.

A-27 Retail Sales. No additional regulations specified.

A-27 a. Indoor Retail. Display of products usually sold inside a building on a commercial site may be permitted outside the building on a temporary or occasional basis, subject to approval by the community development director. Retail sales within the C-R district may only be permitted by use permit if ancillary to a permitted use.

A-27 b. Outdoor Retail. Outdoor display of merchandise on a temporary basis shall be subject to approval by the community development director. Permanent outdoor sales operations, such as sidewalk cafes, flower and produce stands, hot dog carts, coffee/pastry stands, T-shirts, outdoor furniture gardens, are permitted on an ongoing basis only if not located on state right-of-way, and only after (1) receiving a determination by the planning commission that the proposed use and operational characteristics are consistent with the underlying zoning designation and development standards, (2) securing approval of a business license in accordance with the provisions of the municipal code, and (3) securing an encroachment permit and/or license agreement with the city if the display area is located on city property or located within a city right-of-way.

A-27 c. Visitor-Serving Retail. No additional regulations specified.

A-28 Seasonal Agricultural Sales. Fruit, vegetable and Christmas tree sales are permitted for a period of forty-five days, and shall be subject to the requirements of the municipal code. The community development director shall impose reasonable conditions upon the establishment to ensure adequate parking, safe and convenient traffic circulation, and that minimum health and safety standards are met. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be ancillary to a permitted use on Heritage Main Street.

A-29 Second Hand Sales, Pawn Shop. No additional regulations specified.

A-30 Vehicle or Equipment Sales and Service. No additional regulations specified.

A-30 a. Automobile Rental. No additional regulations specified.

A-30 b. Automobile Washing. No additional regulations specified.

A-30 c. Service Station. All auto, truck and equipment repair and service facilities shall be appropriately landscaped and maintained. Inoperative vehicle storage on the premises is prohibited. Operative vehicles and/or equipment stored on the premises shall be screened from public view. Display racks for automobile products no more than four feet wide may be maintained at each pump island of a service station, or within three feet of the main building, and shall be limited to one per street frontage.

A-30 d. Vehicle or Equipment Repair. Repair shops such as auto body and painting, fender work, upholstery and detailing, and major auto repairs shall be appropriately landscaped and maintained. Conditions of approval of a use permit may require buffering, screening, planting areas or limits on the hours of operation to avoid adverse impacts on properties in the surrounding area. Inoperative vehicle storage on the premises is prohibited, and operative vehicles and/or equipment stored on the premises shall be screened from public view.

A-30 e. Vehicle or Equipment Sales or Rental. No additional regulations specified.

A-30 f. Vehicle Storage. All vehicle storage facilities shall be enclosed by a six-foot-high fence and all vehicles shall be screened from view.

A-31 Visitor Accommodation. No additional regulations specified.

A-31 a. Bed and Breakfast Inn. In the C-R district, a maximum of five guest rooms on any one site may be permitted upon approval of a use permit in each case.

A-31 b. Campground or RV Park. Landscaping at recreational vehicle parks shall be fully matured within five years of development to assure full screening from public roads, vista points, public recreation areas and residential areas.

A-31 c. Hotel, Motel or Time Share. Within the C-D district, hotel, motel, time shares, and bed and breakfast inns are permitted only if the number of bedrooms does not exceed thirty-six per net acre of the building site area. Living rooms in suites shall be considered bedrooms for purposes of this calculation.

A-32 Warehouse or Storage. Only warehousing/storage area having two thousand five hundred square feet or less that is incidental to a commercial use is permitted within an enclosed building. Mini-storage or self-storage facilities may be permitted in the C-D district only by approval of a use permit and shall be subject to architectural, landscape and site plan review.

B.    Industrial Uses.

B-1 Custom Industry. Small-scale custom industries such as ceramic studios, candle-making shops and artisan or custom manufacturing with hand or small-scale mechanized equipment are permitted in the C-D district. Such uses may also sell goods produced on site directly to customers. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must meet the definition of an active ground-floor dependent use.

B-2 General Industry. No additional regulations specified.

B-3 Limited Industry. No additional regulations specified.

B-4 Wholesaling, Distribution or Storage. No additional regulations specified.

C.    Public and Quasi-Public.

C-1 Club or Lodge. No additional regulations specified.

C-2 Convalescent Facility. City, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.

C-3 Cultural Institution. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, the use must be consistent with definition of an active ground-floor dependent use; otherwise, no additional regulations specified.

C-4 Day Care, General. All required city, county and state permits or licenses must be obtained prior to establishing the use. The Half Moon Bay fire protection district shall review and approve all aspects of the use prior to the issuance of building permits.

C-5 Government Office. No additional regulations specified.

C-6 Health Care. No additional regulations specified.

C-6 a. Hospital or Clinic. No additional regulations specified.

C-6 b. Emergency Health Care. No additional regulations specified.

C-7 Park or Recreation Facility. On private property fronting Heritage Main Street, areas that are not developed with buildings fronting the Main street sidewalk must be established as plazas, outside dining areas, or other uses consistent with the definition of an active ground-floor dependent use; otherwise, no additional regulations specified.

C-8 Public Safety Facility. No additional regulations specified.

C-9 Religious Assembly. No additional regulations specified.

C-10 Residential Care, General. No additional regulations specified.

C-11 School, Public or Private. No additional regulations specified.

C-12 Utility. No additional regulations specified.

C-12 a. Major. All public utility substations shall be enclosed by a solid fence or wall a minimum of six feet in height. The planning commission may approve alternative screening such as a hedge or other plant materials, where appropriate to the design and location in relationship to other properties.

C-12 b. Minor. No additional regulations specified.

D.    Residential Uses.

D-1 Group Residential. No additional regulations specified.

D-2 Large Family Day Care. No additional regulations specified.

D-3 Limited Day Care. No additional regulations specified.

D-4 Limited Residential Care. No additional regulations specified.

D-5 Multifamily Residential. Except for in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, new multifamily development, including duplexes, triplexes, apartments and condominiums, are permitted uses; as are conversions of existing development from nonresidential to residential use. For new residential development subject to a discretionary permit, the community development director or planning commission may consider the recommendation of any city council appointed advisory committee or commission.

D-6 Single-Family Residential. No additional regulations specified.

E.    Accessory Uses.

E-1 Accessory Use or Structure. Accessory uses and structures are permitted when they are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. Accessory uses to a residential use would include home occupations and garage sales. Accessory uses for retail or office uses would include storage incidental to a permitted use. Accessory structures such as garages or storage and maintenance sheds are permitted. For uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street, accessory uses or structures shall be ancillary to a permitted use on Heritage Main Street.

E-2 Accessory Dwelling Unit. No additional regulations specified.

E-3 Mixed Commercial and Residential. No additional regulations specified.

F.    Heritage Main Street. Uses in the first fifty feet of frontage depth on the ground floor of Heritage Main Street must be consistent with the definition of active ground-floor dependent uses, as specified in Tables 18.07.020A through 18.07.020E. The following exceptions apply:

1.    The fifty-foot frontage depth may be reduced to as short as twenty feet, upon issuance of a use permit. Prior to issuing the use permit, the planning commission shall make all of the following additional findings: (a) the proposed use does not require a fifty-foot depth to establish an active ground-floor dependent use; (b) the proposed uses will not cause irreversible modification to the building; and (c) shall further find that the reduction in depth will maintain ground-floor use activity between the business frontage and Main Street, the business frontage on any side street in the case of corner properties, and the business frontage onto exterior courtyards and yards fronting on Main Street.

2.    For single-family dwellings on Heritage Main Street in existence as of January 1, 2020, the use restrictions for the C-D district, and not for C-D Heritage Main Street, shall apply.

3.    Business or professional offices, health services, travel agencies, printing or publication facilities, and real estate offices are permitted in the first fifty feet of frontage depth on the ground floor of Heritage Main Street upon issuance of a use permit. Prior to issuing the use permit, the planning commission shall make all of the following additional findings: (a) the use is proposed for a building space that has been vacant for six or more months during which the applicant demonstrates there has been active marketing of the space for sale or lease for permitted or conditionally permitted uses at an appropriate price; and (b) the proposed use meets the definition of walk-in clientele use. The use permit shall expire after one year and the use shall cease. A one-year extension may be granted by the community development director if the use continues to meet the definition of walk-in clientele use.

4.    This requirement does not preclude other uses that are permitted or conditionally permitted in the C-D district from occupying other portions of the ground floor or upper floors of a building with an active ground-floor dependent use(s). Access to such spaces may be located on Main Street; provided, that it is subordinate to the active ground-floor dependent use(s). (Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.07.030 General development standards.

A.    Residential Development. Separate dwelling units shall be subject to the standards for minimum setbacks, height limits, floor area ratios, lot coverage, landscaping, fences and useable open space as specified in this title for the proposed dwelling. Single-family residences shall meet all of the development standards for the R-1 district; two-family residences shall meet the requirements for the R-2 district; and structures with three or more units shall meet the R-3 district standards. For mixed use projects, residential development standards may be modified by the planning commission as a part of any discretionary review.

B.    Minimum Site Area and Width. The standards for minimum site area and width are established for each commercial district in this chapter. Existing legal parcels created before the effective date of this chapter are not subject to these minimum area and width requirements. Only new subdivisions of existing parcels shall be subject to the minimum site and area requirements.

C.    Exterior Noise Limit. Sound levels measured at the property line of the lot where the lot borders an R, OS, UR or OSR district, may not exceed the following levels:

MAXIMUM NOISE LEVEL

Time of Day

More than 30

minutes/hour

More than 5

minutes/hour

At any time

7 a.m. to 10 p.m.

60 dBA

70 dBA

80 dBA

10 p.m. to 7 a.m.

55 dBA

65 dBA

75 dBA

D.    Off-Street Parking Plans. A parking plan which meets the off-street parking requirements contained in this title shall be submitted with each project for new development or addition of floor area, or whenever plans are submitted for a use conversion which will result in an intensification of use. The plan will be reviewed for conformance with standards for parking spaces and aisles, location, units of measurement, and other standards as may be applicable.

E.    Landscaping. A landscaping plan is required for all new construction or extensive remodel projects, and shall be in conformance with design criteria contained in this title and with the city’s current water-efficient landscaping program.

1.    All planting areas, plant materials, and irrigation shall conform with the guidelines in the city’s current water efficient landscaping program.

2.    No landscaping may impede, block, obstruct, or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road without an encroachment permit. Trees and shrubs shall be maintained in such a manner as to provide adequate, clear sight distance for traffic safety on public or private sidewalks, streets, roads or rights-of-way.

3.    Parking lots shall have perimeter landscaping areas and interior landscaping areas distributed throughout the parking lot. The landscaped areas shall have a minimum width of two feet, separated from the parking lot paving by a six-inch curb. A minimum of one tree for every six parking spaces shall be distributed throughout the parking lot.

F.    Signs. Each project shall comply with the sign regulations contained in Titles 15 and 18. Monument signs are strongly discouraged, and pedestrian-scaled and oriented signage is encouraged. All new signs shall be reviewed and approved by the community development director or planning commission when deemed appropriate prior to installation.

G.    Fences. The height of a fence, wall or hedge shall be measured vertically from the natural or finished existing grade, whichever is lower, from the base to the top of the fence, wall or hedge above that grade. The following specific criteria shall apply:

1.    Along rear or side property lines, a maximum fence height of eight feet is permitted.

2.    Where the side or rear property line adjoins a residential property, a fence having a minimum height of six feet shall be installed along that property line, unless one exists.

3.    A solid wall or fence within fifteen feet of a street property line shall not exceed three feet in height. The community development director may approve an increased fence height to four feet if the fence materials have openings comprising at least fifty percent. In no case may a fence in this area exceed four feet in height.

a.    A lower fence height limit may be imposed by the community development director if it is determined that the fence would: (i) obstruct visibility thereby negatively impacting traffic safety, or (ii) obscure an approved sign advertising a business on an adjoining property.

4.    A solid masonry or concrete wall at least six feet in height shall be installed along any property line shared by a nonresidential site and the site of an existing ground-floor residential use, unless there is a ten-foot landscaped buffer area on the commercial site. As part of development approval, a lower fence height limit or alternate materials may be considered by the planning commission or community development director, if it is determined that the standard wall or landscape buffer is unnecessary to protect residential privacy or quiet enjoyment. If a nonresidential building has a zero setback and has no openings along the adjoining property lines, no wall needs to be installed along the length of the building.

H.    Refuse Storage Areas. For all nonresidential and multifamily residential projects, recyclable materials and refuse storage area shall be provided prior to occupancy, either inside a building or within a trash enclosure, as specified in this title.

I.    Residential Storage Areas. For each residential unit in new multifamily or mixed-use development, a minimum of sixty cubic feet of enclosed, lockable storage space shall be provided outside of the unit. The storage space may be within a fully enclosed garage or other parking area; provided, that the storage space is in addition to the parking space(s) required. The storage space is in addition to any secured storage space required for bicycle parking. The storage space may also be located off of a patio, balcony, or deck; provided, that it is in addition to the private open space required, is in an enclosed space, and does not negatively impact building or landscape design.

J.    Accessory Dwelling Units. All accessory dwelling units in these commercial districts must comply with the regulations contained in this title.

K.    Satellite Antennas. All satellite antennas shall meet the standards and regulations contained in this title.

L.    Underground Utilities. All new electrical, telephone and similar distribution lines providing direct service to a commercial site, and any existing services on the site, shall be installed underground within the site unless such installation is deemed to be not feasible by the planning commission.

M.    Screening. All outdoor storage and display areas shall be screened from view by a solid fence or wall, unless otherwise approved by the community development director or planning commission. Mechanical equipment and utility meters shall be screened from view from public rights-of-way. Screening materials may have evenly distributed openings or perforations averaging fifty percent of the surface area, as long as the mechanical equipment is screened so that it is not visible from a street or adjoining lot.

N.    Performance Standards. No activity on a commercial site may produce vibration, dust, odors, heat and humidity, electromagnetic interference which are perceptible without instruments by a reasonable person at the property lines of a site. Mirrors or highly reflective glass shall not cover more than twenty percent of a building surface visible from a street, unless an applicant submits information demonstrating that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. Combustibles, explosives, radioactive materials and hazardous materials shall comply with HMBFPD fire prevention codes, California hazardous materials regulations, and/or any other applicable laws.

O.    Coastal Resource Conservation Standards. The standards and regulations contained in this title for habitat conservation, archaeological resource conservation, coastal access, scenic corridors and community visual resources shall be met for each project.

P.    Architectural and Site and Design Review. The standards and review process contained in this title shall be met for each project.

Q.    Coastal Development Permit. The requirements contained in this title for a coastal development permit shall be met for each project which is subject to those requirements. (Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2019-03 §2(Exh. A)(part), 2019; Ord. C-2018-04 §2(Att. A)(part), 2018; Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.07.035 C-R zoning district development standards.

Development standards for the C-R commercial-residential zoning district are as follows:

A.    Minimum Lot Size and Width. The minimum lot size shall be five thousand square feet with a minimum width of fifty feet.

B.    Minimum Setbacks. The front yard setback shall be a minimum of twenty feet, the rear and side yard setbacks shall be a minimum of five feet each. Where a parcel borders an R district, a solid six-foot-high wall or fence shall be installed along the adjoining rear and/or side property line.

C.    Maximum Height. The maximum building height permitted shall be twenty-eight feet.

D.    Minimum Landscaping. A total of twenty-five percent of any site used for commercial purposes shall be landscaped.

E.    Lot Coverage. Single-story structures shall not exceed fifty percent coverage of the site, and multi-story structures shall not exceed thirty-five percent coverage of the site.

F.    Floor Area Ratio. The maximum floor area ratio for exclusive residential uses is fifty percent.

G.    Parking. Parking for single-family, duplexes, and triplexes shall comply with the standards of Chapter 18.36. For mixed-use and multifamily residential projects, two parking spaces shall be provided for each new dwelling unit and at least one of the required parking spaces per unit shall be a garage space. For projects with three or more residential units, one guest parking space shall be provided for each four units with a minimum of one space. Parking provisions for the nonresidential portion of mixed-use projects shall comply with Chapter 18.36. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.07.040 C-D zoning district development standards.

Development standards for the C-D commercial-downtown zoning district are as follows:

A.    Minimum Lot Size and Width. The minimum lot size for any new parcels shall be five thousand square feet with a minimum width of fifty feet.

B.    Minimum Setbacks. There are no setbacks required within the C-D district. However, where a parcel borders an R district, a minimum setback of five feet is required from the property line adjoining any residential parcel.

1.    For all new commercial structures and for remodels or additions to existing buildings fronting on Main Street between Pilarcitos Creek and Correas Street, a zero front setback shall be encouraged to create a continuous line of building frontages; provided, however, that greater setbacks are permitted if they provide enhanced active ground-floor dependent frontage uses including but not limited to sidewalk cafes, public plazas, or weather-protected alcove entrances of modest size.

C.    Maximum Height. The maximum height permitted shall be thirty-six feet and three stories.

D.    Minimum Landscaping. Landscaping shall be required within parking areas and elsewhere on the site as may be feasible and in keeping with landscaping on the surrounding properties, and shall be reviewed by the community development director or planning commission for all projects involving new construction or conversions.

E.    Lot Coverage. Commercial, mixed-use, and multifamily residential buildings are not limited to a percentage coverage of C-D zoned sites; however, for any new construction, parking and any setback requirements shall dictate the area available for building. For residential uses in the C-D district, one-family and two-family residential structures are limited to thirty-five percent site coverage for multiple stories, and fifty percent site coverage for a single story.

F.    Residential Development. For mixed-use projects, residential units shall generally be located on upper floors; however, the planning commission may consider mixed-use site plans with both residential and commercial uses on the ground floor. For single-use residential development projects, minimum residential density shall be fifteen dwelling units per acre.

G.    Location of Parking. On Heritage Main Street, parking facilities shall not be located along the Main Street frontage and, unless there is no feasible alternative, driveways to parking facilities shall not take access from Main Street.

H.    Required Parking. Parking for single-family, duplexes, and triplexes shall comply with the standards of Chapter 18.36. Parking for multifamily and mixed-use projects may be provided in garages, below grade, at grade under upper floors of development, in open parking lots, or a combination of locations pursuant to site plan review; and the required amount of parking to be provided shall be as follows:

1.    Multifamily Residential Projects. For single-use residential projects with four or more residential units, the required amount of parking is one parking space per studio and one-bedroom unit; one and one-half parking spaces for units with two or more bedrooms; plus one guest space for each four units, with a minimum of one guest space.

2.    Mixed-Use Projects. Parking provisions for the nonresidential portion of mixed-use projects shall comply with Chapter 18.36. For the residential portion of mixed-use projects, the required amount of parking is one parking space per studio and one-bedroom unit; one and one-half parking spaces for units with two or more bedrooms; plus one guest space for each four units, with a minimum of one guest space. The total required amount of parking for mixed-use projects shall be the sum of that required for the nonresidential and residential portions of the development with the following reductions allowed pursuant to planning commission review and approval:

a.    Mixed-Use Shared-Use Reduction. Up to twenty percent reduction in the total required parking spaces may be allowed; provided, that the nonresidential and residential uses have offset peak parking demand periods, and the total amount of shared parking is adequate for the combined peak demand period of the mixed uses.

b.    Mixed-Use Guest Parking Waiver. A portion or all of the required guest parking spaces may be waived if the project is located on Heritage Main Street between Pilarcitos Creek and Correas Street; and/or includes frontage improvements that increase public parking supply, pedestrian and/or bicycle access, public access to EV charging stations, or other public benefit to multi-modal and/or low-emission circulation and parking within the C-D district.

I.    Off-Site Parking. Notwithstanding the provisions of this title, parking at an off-site location is encouraged at a distance no greater than three hundred feet from the development site.

1.    In reviewing development proposals with an off-site parking area, the planning commission may approve an exception to allow a greater distance between the development site and parking area, if it is determined that it is not feasible to meet the suggested distance standard to comply with off-street parking requirements.

2.    In approving an off-site parking location to support a proposed development, the planning commission shall require the recordation of a deed restriction, restrictive covenant, or other instrument to the satisfaction of the city attorney, ensuring that the parking area will remain available to serve the parking needs of the proposed development or use for as long as the development or use exists.

3.    Any off-site parking area created pursuant to the provisions herein shall be landscaped and a solid fence or wall installed along adjoining property lines to the satisfaction of the planning commission. Any lighting shall be directed away from adjoining properties. (Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2019-03 §2(Exh. A)(part), 2019: 1996 zoning code (part)).

18.07.045 Exceptions to development standards.

A.    Legal Nonconforming Parcels. Any parcel legally subdivided prior to the effective date of this chapter within any commercial district which does not meet the standards for minimum site area and width may nevertheless be developed without the need for a variance or exception, subject to compliance with the other development standards and regulations in this chapter.

B.    New Parcels. The planning commission and or city council may approve an exception to development standards established in the sections above for each commercial district, in conjunction with the review of a lot line adjustment or subdivision, as may be applicable.

C.    Development on Lots Divided by District Boundaries. The regulations applicable to each district shall be applied to the area within that district; however, parking provisions serving a principal use on the site may be located in a district in which a parking lot is not permitted, or is a conditional use.

D.    Exceptions to Maximum Height. Chimneys may exceed the maximum permitted building height in the district only as may be needed to comply with the Uniform Building Code.

E.    Parking Exceptions. For all new construction, the requirements for off-street parking shall be met. For any additions to existing buildings, or conversions of existing buildings to a more intensive use, off-street parking spaces shall be provided as required for the new area or use, at a minimum, unless a parking exception is approved by the planning commission. This section shall not apply to changes in use as specified in Section 18.36.020(B).

When granting a parking exception in either the downtown commercial or commercial-residential districts, the planning commission shall determine that the proposed exception is consistent with the policies of the downtown specific plan; that the proposed number, size, configuration, and/or location of the parking spaces is as nearly in conformance with the standards contained in Chapter 18.36 as is reasonably possible, including conformance with ADA requirements and the provision of EV, bicycle, and motorcycle parking spaces; and the planning commission shall make at least one of the following findings:

1.    That the proposed exception to the parking provisions will not be detrimental to the public welfare or injurious to property or improvements in the vicinity based on supporting evidence such as from a parking demand evaluation of anticipated parking requirements as presented in Section 18.36.040 or other assessment at the discretion of the planning commission; or

2.    That approval of the parking exception will ensure that an historic resource is retained or otherwise preserved or protected. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.07.050 Nonconforming structures and uses.

A.    Any existing structure legally constructed in accordance with the zoning code prior to the effective date of the ordinance codified in this chapter that is damaged by catastrophe such as fire, flood, explosion, wind, earthquake, war, riot, or other calamity may be replaced, restored, rebuilt, or repaired and used as before such event occurred; provided, that all of the following conditions are satisfied:

1.    Any nonconforming height, setback encroachments or other nonconformity shall not be increased beyond that in existence prior to the damage occurring, unless a variance or exception is approved subject to the provisions of this title.

2.    An application for a building permit to replace or repair a damaged or destroyed building shall be filed within twenty-four months after the event.

3.    All applicable provisions of the Historic Building Code or Uniform Building Code adopted by the city at the time building permits are requested for the repair or reconstruction shall be incorporated into the plans.

B.    Any nonconforming existing use legally established in accordance with the zoning code prior to the effective date of the ordinance codified in this chapter shall be subject to the provisions of Chapter 18.25. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.07.055 Historic downtown area, structures and uses.

A.    Historic Downtown Area. The historic downtown area possesses character, interest and value as part of the heritage of the city. Preservation of those structures which exemplify historical architectural styles or which contribute to the historical fabric of the community within this area is essential to the integrity of the district.

1.    Chapter 2.48 contains review criteria for the designation of a landmark or historic district. Any development within the historic downtown area shall also be in accordance with the policies for the Half Moon Bay historic downtown plan as well as the historic resources ordinance.

B.    Historic Structures. Any proposal for alteration to a designated landmark shall be subject to the provisions below and the historic resources ordinance.

1.    Changes to Existing Structures. Within the historic downtown area, alterations to existing structures and proposed demolition shall be subject to review by the planning commission who may consider the recommendation of any city council appointed advisory committee or commission, in order to protect the architectural and historical character of the area.

2.    Maintenance of Structures and Premises. All property owners in the historic downtown area shall have the obligation to maintain structures and premises in good repair. Good repair includes and is defined as the level of maintenance that ensures the continued availability of the structure and premises for a lawfully permitted use, and prevents deterioration, dilapidation, and decay of the exterior portions of the structure and premises. Maintenance does not include a change in design, material or external appearance of a structure.

3.    Change of Use Within an Historic Structure. Whenever a change of use is proposed within an historic structure, such as a conversion from residential use to commercial use, exceptions to the development standards in this chapter may be granted where applicable and necessary to maintain the historic integrity of the structure. The State Historical Building Code may be used in some cases; however, intensification of use may require safety measures to conform to the requirements of current Uniform Building Code.

C.    New Development. New construction within the historic downtown area shall be reviewed for compliance with the following criteria:

1.    The scale and style shall be similar to that of the predominant older structures.

2.    There shall be continuity in building lines maintained along Main Street. (Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2019-03 §2(Exh. A)(part), 2019; 1996 zoning code (part)).

18.07.060 Required permits and plan review.

A.    Building permits are required for any new construction, remodeling, or additions, except for fences which do not exceed the eight-foot height limit.

B.    Except as may be otherwise provided for in this chapter, a variance or exception shall be required for any project in any commercial district which does not meet the development standards and regulations of this chapter, or for projects which include proposals to extend existing nonconforming structures or conditions on the site.

C.    The provisions of this title pertaining to architectural and site and design review shall be followed prior to the issuance of any building permits for which design review is required. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).