Chapter 18.08
COMMERCIAL LAND USE (C-VS, C-G)

Sections:

18.08.010    Purpose.

18.08.015    C-VS and C-G zoning districts established.

18.08.020    Permitted uses.

18.08.025    Use regulations.

18.08.030    General development standards.

18.08.035    C-VS zoning district standards.

18.08.040    C-G zoning district standards.

18.08.045    Exceptions to development standards.

18.08.050    Nonconforming structures.

18.08.055    Historic structures.

18.08.060    Required permits and plan review.

18.08.010 Purpose.

The purpose of establishing adopting these visitor serving commercial and general commercial 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 visitor serving commercial and general commercial uses;

B.    Provide appropriately located areas consistent with the land use plan and general plan for a full range of office, retail commercial, service commercial, and visitor serving uses needed by residents of, and visitors to, the city and region;

C.    Strengthen and expand the city’s economic base, while protecting the small businesses that currently serve city residents;

D.    Minimize the impact of commercial development on adjoining residential areas;

E.    Encourage new commercial, mixed-use, and residential development compatible with surrounding development and consistent with site limitations;

F.    Ensure the provision of adequate on-site parking, loading and circulation; and

G.    Allow public and semipublic uses in commercial areas that are compatible with or supportive of commercial development. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.08.015 C-VS and C-G 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-VS District, Commercial--Visitor Serving. Recreational commercial areas that serve the needs of visitors attracted to coastal recreational opportunities, emphasizing ease of movement and attractiveness for the pedestrian while allowing safe and efficient movement of vehicles, having a consistent design theme, and protecting coastal resources. The intensity and nature of visitor-serving commercial uses shall be subordinate to the character of the recreational setting and existing neighborhood character.

B.    C-G District, Commercial--General. General commercial areas designated for the development of a full range of retail, service, commercial and professional office businesses, mixed-use and multifamily residential use serving both residents and visitors to the city. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.08.020 Permitted uses.

Tables 18.08.020A through 18.08.020E establish the uses permitted in the visitor-serving commercial and general commercial districts.

A.    The uses listed in Table 18.08.020A are numbered and categorized into types of uses. Definitions of each type of use are located within this title in Chapter 18.03, “Use Classifications.” Uses that are not listed are prohibited within visitor-serving commercial and general commercial districts.

B.    Use classifications followed by the term “OK” are permitted, whereas use classifications followed by the term “UP” require approval of a use permit. A use classification followed by the term “NO” means that the use is not permitted. In the event the community development director determines that a proposed use is not permitted, an applicant may appeal the determination to the planning commission. The letters “UPCC” mean that some or all uses in the use classification are permitted in most cases, but that approval of a use permit is required in certain cases.

C.    Further description of the circumstances related to the “UPCC” listings in Tables 18.08.020A through 18.08.020E, and other specific regulations for certain uses listed in Tables 18.08.020A through 18.08.020E, can be found in Section 18.08.025. The letters and numbers in Section 18.08.025 correspond to the use categories and specific uses listed in Tables 18.08.020A through 18.08.020E.

 

Table 18.08.020A

COMMERCIAL USES

C-VS Visitor-serving commercial zoning district

C-G General commercial zoning district

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

 

Key

Commercial Uses

C-VS
Zoning

C-G
Zoning

A-1

Adult Business

NO

UP

A-2

Ambulance Service

NO

UPCC

A-3

Animal Sales or Service:

 

 

a

• Boarding

NO

UP

b

• Grooming

NO

OK

c

• Medical Care

NO

OK

d

• Retail Sales

NO

OK

A-4

Art Gallery

OK

OK

A-5

Artist’s Studio

UPCC

UPCC

A-6

Banking:

 

 

a

• Full Service

NO

OK

b

• ATM Only

OK

OK

c

• Drive-Up Teller

NO

OK

A-7

Building Materials Sales or Service

NO

OK

A-8

Catering

NO

OK

A-9

Circus, Carnival or Exhibition

OK

OK

A-10

Commercial Filming

OK

OK

A-11

Commercial Recreation or Entertainment:

 

 

a

• Indoor

NO

OK

b

• Outdoor

UPCC

UPCC

A-12

Communications Facility

NO

OK

A-13

Eating or Drinking Establishment:

 

 

a

• Cafe, Diner or Restaurant

UP

OK

b

• Fast Food or Takeout

UP

OK

c

• Drive-Through Fast Food

UP

OK

d

• Bar or Tavern

UP

UP

A-14

Equestrian Center

UP

NO

A-15

Food or Beverage Sales

OK

OK

A-16

Funeral and Interment Service

NO

OK

A-17

Gardening Service

NO

OK

A-18

Laboratory

NO

OK

A-19

Maintenance or Repair Service

NO

OK

A-20

Nursery, Plant

NO

OK

A-21

Office:

 

 

a

• Business or Professional

NO

OK

b

• Health Service

NO

OK

c

• Travel Agency

OK

OK

A-22

Personal Improvement Service

NO

OK

A-23

Personal Service

UP

OK

A-24

Printing or Publications Facility

NO

OK

A-25

Real Estate Sales Office

NO

OK

A-26

Research and Development

UP

OK

A-27

Retail Sales:

 

 

a

• Indoor Retail

OK

OK

b

• Outdoor Retail

OK

OK

c

• Visitor-Serving Retail

OK

OK

A-28

Seasonal Agricultural Sales

OK

OK

A-29

Secondhand Sales, Pawn Shop

NO

OK

A-30

Vehicle/Equipment Sales or Service:

 

 

a

• Automobile Rental

NO

OK

b

• Automobile Washing

NO

UPCC

c

• Service Station

NO

OK

d

• Vehicle or Equipment Repair

UP

OK

e

• Vehicle or Equipment Sale or Rental

UP

OK

f

• Vehicle Storage

UP

OK

A-31

Visitor Accommodation:

 

 

a

• Bed and Breakfast Inn

OK

OK

b

• Campground or RV Park

UP

UP

c

• Hotel, Motel or Time Share

OK

OK

d

• Spa Resort

OK

OK

A-32

Warehouse or Storage

NO

UP

 

 

Table 18.08.020B

INDUSTRIAL USES

C-VS Visitor-serving commercial zoning district

C-G General commercial zoning district

 

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

 

Key

Industrial Uses

C-VS
Zoning

C-G
Zoning

B-1

Custom Industry

NO

OK

B-2

General Industry

NO

NO

B-3

Limited Industry

NO

UP

B-4

Wholesaling, Distribution or Storage

NO

UP

 

Table 18.08.020C

PUBLIC AND QUASI-PUBLIC USES

C-VS Visitor-serving commercial zoning district

C-G General commercial zoning district

 

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

 

Key

Public and Quasi-Public Uses

C-VS
Zoning

C-G
Zoning

C-1

Club or Lodge

UP

OK

C-2

Convalescent Facility

NO

OK

C-3

Cultural Institution

OK

OK

C-4

Day Care, General

NO

UP

C-5

Government Office

OK

OK

C-6

Health Care:

 

 

a

• Hospital or Clinic

NO

UP

b

• Emergency Health Care

NO

OK

C-7

Park or Recreation Facility

OK

OK

C-8

Public Safety Facility

OK

OK

C-9

Religious Assembly

NO

UP

C-10

Residential Care, General

NO

UP

C-11

School, Public or Private

NO

UP

C-12

Utility:

 

 

a

• Major

NO

UP

b

• Minor

OK

OK

 

Table 18.08.020D

RESIDENTIAL USES

C-VS Visitor-serving commercial zoning district

C-G General commercial zoning district

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

 

Key

Residential Uses

C-VS
Zoning

C-G
Zoning

D-1

Group Residential

NO

OK

D-2

Large Family Day Care

OK

OK

D-3

Small Family Day Care

OK

OK

D-4

Limited Residential Care

OK

OK

D-5

Multifamily Residential

NO

OK

D-6

Single-Family Residential

UP

OK

 

Table 18.08.020E

ACCESSORY USES

C-VS Visitor-serving commercial zoning district

C-G General commercial zoning district

 

OK = Allowed without permit

UP = Use permit required

NO = Not allowed

UPCC = Use permit required under certain circumstances

 

Key

Accessory Uses

C-VS
Zoning

C-G
Zoning

E-1

Accessory Use or Structure

OK

OK

E-2

Accessory Dwelling Unit

OK

OK

E-3

Mixed Commercial and Residential

UP

OK

(Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2018-4 §2(Att. A)(part), 2018; Ord. C-2016-03 §5(part), 2016; Ord. C-2015-04 §1(part), 2015; 1996 zoning code (part)).

18.08.025 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 18.08.020A through 18.08.020E. 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.

A.    Commercial Uses.

A-1 Adult Business. No adult business may be located within one thousand feet of another adult business, or within five hundred feet of any R district, any public or private school or day care facility for children, or any park or recreation facility.

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. All kennels shall be maintained in accordance with the San Mateo County humane society regulations, and shall comply with all conditions of the use permit. If the facility is not in compliance with the humane society regulations or use permit conditions at any time, the use permit may be revoked. The boarding of horses shall be subject to the use regulations contained in this section under “equestrian centers.”

A-3 b. Grooming. No additional regulations specified.

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

A-3 d. Retail Sales. The sale of domestic animals is allowed as an incidental use to any permitted use.

A-4 Art Gallery. No additional regulations specified.

A-5 Artist’s Studio. A studio where the artist works, displays, and sells artwork is permitted. In those cases where the artist lives on the premises and maintains an active studio or sales operation, a use permit is required.

A-6 Banking. No additional regulations specified.

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

A-6 b. ATM Only. In the C-VS district, an ATM (automatic teller machine) is permitted only as an incidental use to a permitted use.

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

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

A-8 Catering. Catering businesses may be permitted in conjunction with a residential use subject to approval by the San Mateo County environmental health department.

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

A-10 Commercial Filming. Commercial filming is 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. In the C-G district, 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.

A-11 b. Outdoor. In the C-G district, the establishment of a golf course requires approval of a use permit.

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. In C-VS districts, sidewalk cafes and outdoor food service on a temporary basis shall be subject to approval by the community development director. A use permit is required in order to establish permanent or recurring outdoor food service and shall be subject to architectural, landscape, and site plan review. A use permit is required for cabarets with live entertainment within the C-VS districts.

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. Grooming and incidental sales of horses and equestrian supplies are permitted. Animal shows are permitted by use permit. New equestrian facilities shall be located near proposed county trail systems in upland areas east of Highway One or on sites where the coastal terrace is broad enough to accommodate such use without conflicts with public recreation. All stables shall be maintained in accordance with the San Mateo County humane society regulations, and shall comply with all conditions of the use permit. If the facility is not in compliance with the humane society regulations or use permit conditions at any time, the use permit may be revoked.

A-15 Food or Beverage Sales. In C-VS districts, food and beverage sales must be ancillary to approved recreational uses.

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

A-17 Gardening Service. No additional regulations specified.

A-18 Laboratory. In C-VS districts, laboratories shall be limited to research related to oceanographic, fisheries, and/or coastal resource management.

A-19 Maintenance or Repair Service. No additional regulations specified.

A-20 Nursery, Plant. Outdoor storage and display is limited to plants and garden features such as statues, fountains and benches. All merchandise must be kept in an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

A-21 Office. In C-VS districts, only those office uses which are auxiliary functions of visitor-serving establishments are permitted.

A-21 a. Business or Professional. In the C-G district, professional and other business offices providing the following services are permitted: accountancy, architectural, construction and/or contracting, design, engineering, and legal services, insurance and travel agencies, investment services other than banks, savings and loans, such as mortgage, stocks and commodities brokerages, and similar consulting or business services.

A-21 b. Health Service. In the C-G district, health service offices or clinics offering medical or dental services, including laboratories incidental to these uses, and therapeutic services such as massage, chiropractic and psychiatric therapy are permitted.

A-21 c. Travel Agency. In the C-VS district, travel services are permitted only where incidental to a permitted use.

A-22 Personal Improvement Service. No additional regulations specified.

A-23 Personal Service. In the C-VS district, personal services may be permitted only where they are an auxiliary function of a visitor-serving establishment.

A-24 Printing or Publication Facility. No additional regulations specified.

A-25 Real Estate Sales Office. No additional regulations specified.

A-26 Research and Development. In the C-VS district, only research related to oceanographics, fisheries, and/or coastal resource management is permitted.

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. In the C-VS district, indoor sales shall be limited to visitor-oriented sales.

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 flower and produce stands, hot dog carts, coffee/pastry stands, T-shirts, outdoor furniture gardens, are permitted on an ongoing basis only if located on private property and not on city or state right-of-way, and only after (1) receiving a determination by the planning commission that the proposed use and operational characteristics are consistent with the underlying zoning designation and development standards, and (2) securing approval of a business license in accordance with the provisions of the municipal code. In the C-VS district, outdoor sales shall be limited to visitor-oriented sales.

A-27 c. Visitor-Serving Retail. In a C-VS district, this category is limited to retail sales directly related to visitors attracted to the city’s coastal recreational opportunities such as boating and fishing supplies, equestrian supply stores, surf shops, the incidental sale of merchandise at recreational vehicle campsites and golf courses, and related uses.

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 Chapter 3.73. 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.

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. A use permit is required in order to establish self-service and full-service operations and shall be subject to architectural, landscape, and site plan review.

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. These uses are not permitted in a C-VS district.

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. In the C-VS district, sales shall be limited to marine equipment and parts used for recreational vehicles other than motor homes such as boats, jet skis and vehicles used to transport horses or which are designed to be transported by horses. Marine vehicles may be rented in the C-VS district. Outdoor storage and display shall be limited to vehicles, boats or equipment offered for sale or rent only.

A-30 f. Vehicle Storage. In the C-VS district, vehicular storage shall be limited to the storage of recreational vehicles and water-oriented vehicles. 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. No additional regulations specified.

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-VS district, hotel, motel and time shares 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 commercial use, is permitted within an enclosed building. Mini-storage or self-storage facilities may be permitted in the C-G 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 custom jewelry manufacturing which may also sell goods produced on site directly to customers are permitted in the C-G district.

B-2 General Industry. No additional regulations specified.

B-3 Limited Industry. No additional regulations specified.

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

C.    Public and Quasi-Public.

C-1 Club or Lodge. In the C-VS district, only yacht clubs or clubs catering to visitor-serving commercial uses shall be permitted.

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

C-3 Cultural Institution. No additional regulations specified.

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

C-5 Government Office. In a C-VS district, these uses shall be limited to those that, as determined by the community development director, involve the regulation or study of natural or oceanographic processes, private or recreational fishing, aquaculture, or shoreline recreation.

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. In the C-VS district, this use includes public parking for shoreline access and recreation, public restrooms, parks and visitor information centers. Development unrelated to on-site recreational activities shall not be permitted in publicly owned recreational areas, with the exception of the state park administrative and maintenance operations located at Half Moon Bay state beach. Parking facilities and recreational structures, including campers, located in public regional recreational areas, private recreational areas, visitor-serving commercial areas and other developments shall be designed to minimize visibility from the beach.

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. No additional regulations specified.

D-6 Single-Family Residential. No residential uses are permitted in the C-VS district unless ancillary to a permitted use and upon the approval of a use permit in each case.

E.    Accessory Uses.

E-1 Accessory Use or Structure. Accessory uses and structures are permitted when they are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. Accessory uses to a residential use would include home occupations and garage sales. Accessory uses for retail or office uses would include storage incidental to a permitted use. Accessory structures such as garages or storage and maintenance sheds are permitted.

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

E-3 Mixed Commercial and Residential. No residential uses are permitted as part of mixed-use development in the C-VS district unless ancillary to a permitted use and upon the approval of a use permit in each case. In the C-G district, no additional regulations specified. (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)).

18.08.030 General development standards.

A.    Residential Development.

1.    As Primary Use of Property. When a C-VS or C-G zoned site is developed primarily for residential use, the dwelling unit(s) shall be subject to the standards for tenant and guest parking spaces, minimum setbacks, floor area ratio, lot coverage, maximum height limits, landscaping, fences, and usable open space as specified in this title for the proposed residential dwelling type.

2.    As Secondary Use of Property. When a C-VS or C-G zoned site is developed with nonresidential use(s) and residential use is proposed, or when a mixed residential/nonresidential project is proposed, the setbacks, floor area ratio, lot coverage and maximum height limits required within the residential districts shall not be imposed. However, such development shall be subject to the requirements for parking spaces, landscaping, fences and usable open space for the proposed type of dwelling as specified in this title.

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

C.    Site Coverage. Commercial buildings and mixed-use buildings are not limited to a percentage coverage of commercially zoned sites; however, for any new construction, parking requirements shall dictate the area available for building. For residential uses in a commercial district, one-family and two-family residential structures are limited to thirty-five percent site coverage for multiple stories, and fifty percent site coverage for a single story. A maximum site coverage of thirty-five percent shall be permitted for multiple-family (three or more units) residential structures. These standards are not applicable to mixed-use projects.

D.    Exterior Noise Limit. Sound levels measured at the property line of the lot where the lot borders on R, OS, UR or OSR district, or along any property boundary in the C-VS 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

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

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

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

2.    No landscaping may impede, block, obstruct or otherwise be allowed to grow over a public sidewalk or other form of public or private access way such as a street, sidewalk or road. Trees and shrubs shall be maintained in such a manner as to provide adequate, clear sight distance for traffic safety on public or private sidewalks, street, road 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 spaces shall be distributed throughout the parking lot.

G.    Signs. Each project shall comply with the sign regulations contained in Titles 15 and 18. Prior to installation, all new signs shall be reviewed and approved by the community development director who may consider the recommendation of any city council appointed advisory committee or commission.

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

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

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

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. 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. 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.

I.    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.

J.    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.

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

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

M.    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.

N.    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.

O.    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.

P.    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.

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

R.    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)).

18.08.035 C-VS zoning district standards.

A.    Minimum Lot Size and Width. The minimum lot size shall be ten thousand square feet with a minimum width of one hundred 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 ten feet each. Where a parcel borders an R district, a minimum setback of twenty feet is required from the property line adjoining any residential parcel. Within this setback, the ten-foot width nearest the residential parcel shall be landscaped.

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

D.    Minimum Landscaping. A total of fifteen percent of the site shall be landscaped.

E.    Residential Development. For mixed commercial/residential projects, dwellings shall be on the upper floors and two garage spaces shall be provided for each new dwelling unit, unless otherwise approved by the planning commission. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.08.040 C-G zoning district standards.

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

B.    Minimum Setbacks. The front yard setback shall be a minimum of twenty-five feet; the rear and side yard setbacks shall be a minimum of ten feet each. Where a parcel borders an R district, the five-foot width nearest the residential parcel shall be landscaped. A solid masonry wall of at least six feet in height shall be installed adjacent to any R district.

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

D.    Minimum Landscaping. A total of ten percent of the site shall be landscaped. Landscaping shall be in keeping with landscaping on the surrounding properties, and shall be reviewed as part of the associated discretionary permit for all projects involving new construction or conversions.

E.    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.

F.    Required 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 space for each four units, with a minimum of one guest space, shall be provided for each unit. Parking provisions for the nonresidential portion of mixed-use projects shall comply with Chapter 18.36.

G.    Off-Site Parking. Parking may be located on an off-site location, 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 maximum distance requirement, 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 shall be installed along adjoining property lines, if deemed necessary, 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)).

18.08.045 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, 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, or variance 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.

When granting a parking exception in either the general commercial or visitor-serving commercial districts, the planning commission shall determine 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 additional 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)).

18.08.050 Nonconforming structures.

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

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

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

C.    All applicable provisions of the 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. (Ord. C-2020-02 §2(Att. A)(part), 2020: 1996 zoning code (part)).

18.08.055 Historic structures.

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

A.    Changes to Existing Structures. Alterations to existing historic 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.

B.    Maintenance of Structures and Premises. All property owners of historic structures 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.

C.    Change of Use Within a Historic Structure. Whenever a change of use is proposed within an historic structure, such as a conversion from residential use to commercial use, exceptions to the development standards in this chapter may be granted where applicable. 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. (Ord. C-2020-02 §2(Att. A)(part), 2020: Ord. C-2019-03 §2(Exh. A)(part), 2019; 1996 zoning code (part)).

18.08.060 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 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)).