Chapter 18.41
TERMS AND DEFINITIONS

Sections:

18.41.010    List of terms.

18.41.020    Definitions.

18.41.010 List of terms.

Abutting or Adjoining

Access

Accessory Building, See “Building, Accessory”

Accessory Structure, See “Structure, Accessory”

Accessory Use, See “Use, Accessory”

Adjacent

Alley

Alteration

Awning

Balcony

Base District, See “Zoning District”

Basement

Bedroom

Block

Blockface

Building:

1.    Accessory Building

2.    Main Building

Building Code

Building Face

Building Footprint, See “Footprint”

Building Frontage

Building Height, See “Height”

Building Site

Build-To Line

California Environmental Quality Act (CEQA)

Cannabis

Canopy

Carport

City

City Council

City Engineer

Commercial Cannabis Activity

Compatible

Conditionally Permitted

Construction

Corner Build-to Area

County

Deck

Demolition

Density, Net

Development

Development Agreement

Director

District, See “Zoning District”

Drive-Through Facilities

Driveway

Dwelling Unit

Easement

Effective Date

Electrical Code

Emergency

Environmental Impact Report (EIR)

Environmental Review

Erect

Facade

Family

Feasible

Fence-Related Definitions:

1.    Fences

2.    Front-most Wall

3.    Irregular Lot

4.    Lattice

5.    Lot Lines

6.    Replacement

7.    Sight Distance Triangle

8.    Statuary Structures

Flex Space

Floor Area

Floor Area Ratio (FAR)

Foot-Candle, See “Lighting-Related Definitions”

Footprint

Formula Business

Freeway

Frontage, Street

Garage

General Plan

Glare

Government Code

Grade:

1.    Adjacent Grade

2.    Average Grade

3.    Existing Grade

4.    Finished Grade

5.    Grade Plane

Ground Floor

Habitation

Hazardous Materials

Heat

Height

Home Occupation

Household

Illegal Use

Intensity of Use

Intersection, Street

Juliet Balcony

Kitchen

Landmark Sites

Landscaping-Related Definitions:

1.    Automatic Irrigation Controller

2.    Backflow Prevention Device

3.    Check Valve (Anti-drain Valve)

4.    Drip Irrigation

5.    Emitter

6.    Flow Rate

7.    Hedge

8.    Homeowner-provided Landscaping

9.    Hydrozone

10.    Landscaping

a.    Private Landscaping

b.    Public Landscaping

11.    Mulch

12.    Overhead Sprinkler Irrigation Systems

13.    Overspray

14.    Park Strip

15.    Pervious

16.    Pruning

17.    Rain Sensor

18.    Remove

19.    Runoff

20.    Shrub

21.    Sidewalk

22.    Soil Moisture Sensor

23.    Tree

a.    Community of Trees

b.    Exotic Tree

c.    Founders Tree

d.    Heritage Tree

e.    Private Tree

f.    Protected Tree

g.    Public Tree

h.    Significant Tree

i.    Street Oriented Tree

24.    Trim

25.    Unimproved right-of-way

Lighting-Related Definitions:

1.    Foot-candle

2.    Light Fixture

3.    Light Fixture Cutoff

a.    Full Cutoff

b.    Cutoff

c.    Semi-Cutoff

d.    Non-Cutoff

4.    Shielded Fixture

Living Room

Lot:

1.    Abutting Lot

2.    Corner Lot

3.    Flag Lot

4.    Interior Lot

5.    Key Lot

6.    Reversed Corner Lot

7.    Through Lot

Lot Area

Lot Coverage

Lot Depth

Lot Frontage, See “Frontage, Street”

Lot Line

Lot Line Types:

1.    Front Lot Line

2.    Interior Lot Line

3.    Rear Lot Line

4.    Side Lot Line

5.    Street Side Lot Line

Lot Width

Maintenance and Repair

Mansard

Mezzanine, See “Story”

Municipal Code

Noise-Related Definitions:

1.    Ambient Noise Level

2.    Noise

3.    Noise Level Reduction (NLR)

Nonconforming Building, See “Nonconforming Structure”

Nonconforming Lot

Nonconforming Structure

Nonconforming Use

On-Site

On-Site Loading Facilities

Open Space Types:

1.    Private Open Space

2.    Common Open Space

3.    Usable Open Space

Opposite

Outdoor Storage

Owner

Parcel, See “Lot”

Parking Area

1.    Accessory Parking

2.    Long-Term Parking

Parking, Bicycle

1.    Long-term

2.    Short-term

Parking Space, Off-Street

Peak Time

Permit

Permitted Use

Person

Personal Cannabis Cultivation

Persons with Disabilities

Planning Commission

Preexisting

Principal Use

Project

Public Resources Code

Qualified Applicant

Regional Retail and Destination-Oriented Uses

Retail Establishments That Sell Ammunition or Firearms

Review Authority

Right-of-Way

Safe Routes to School

Screening

Setback

Sidewalk

Sight Distance Triangle

Site

Solar Reflective Index

Specific Plan

Sphere of Influence

State

Story

Street

Street Line

Structural Alterations

Structure:

1.    Structure, Accessory

2.    Structure, Primary (Structure, Main)

3.    Structure, Temporary

Swimming Pool

Tandem Parking

Temporary Use-Related Definitions:

1.    Garage Sales

2.    Outdoor Sales, Temporary and Seasonal

Unit, See “Dwelling Unit”

Use

1.    Accessory Use

2.    Incidental Use

3.    Primary Use

Use Classification

Use Permit

Use Type

Variance

Vehicle

Vibration

Visible

Wall

Yard:

1.    Front Yard

2.    Interior Side Yard

3.    Street Side Yard

4.    Rear Yard

Zoning Administrator

Zoning District

(Ord. 1540 (Exh. G (part)), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1518 § 3 (Exh. C (part)), 2017; Ord. 1464 § 3 (Exh. D (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)

18.41.020 Definitions.

“Abutting” or “adjoining” means having a common boundary, except that parcels having no common boundary other than a common corner shall not be considered abutting.

“Access” means the place or way through which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this title.

Accessory Building. See “building, accessory.”

Accessory Structure. See “structure, accessory.”

Accessory Use. See “use, accessory.”

“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to.

“Alley” means a public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

“Alteration” means any change, addition or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs (see also “maintenance and repair”). See “structural alterations” for modifications to any of the supporting members of a structure.

“Awning” means an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is typically constructed of nonrigid materials on a supporting framework which projects from and is supported by the exterior wall of a building.

“Balcony” means a platform that projects from the wall of a building thirty inches or more above grade that is accessible from the building’s interior, is not accessible from the ground and is not enclosed by walls on more than two sides (see also “deck”).

Base District. See “zoning district.”

“Basement” means a nonhabitable space beneath the first or ground floor of a building the ceiling of which does not extend more than four feet above finished grade.

“Bedroom” means any room having the potential of being a bedroom and meeting the standards of the California Building Code as a sleeping room.

“Block” means property bounded on all sides by a public right-of-way.

“Blockface” means all property between two intersections that fronts upon a street or abuts a public right-of-way.

“Building” means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials.

1.    “Accessory building” means a detached subordinate building used only as incidental to the main building on the same lot.

2.    “Main building” means a building in which is conducted the principal use of the lot on which it is situated. In the event a garage is attached to the main building, it shall be made structurally a part of, and have a common wall with, the main building and shall comply in all respects with the requirements of this title applicable to the main building.

“Building Code” means any ordinance of the City governing the type and method of construction of buildings, signs, and sign structures and any amendments thereto and any substitute therefor including, but not limited to, the California Building Code, other State-adopted uniform codes and the minimum building security standards ordinance.

“Building face” means the general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars shall be considered to be the face of the building.

Building Footprint. See “footprint.”

“Building frontage” means the lineal dimension, parallel to the ground, of a building abutting on a public street, or a parking lot accessory to that business even though another business may also have entitlement to that parking lot.

Building Height. See “height.”

“Building site” means a lot or parcel of land occupied or to be occupied, by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

“Build-to line” means a line parallel to the lot line where the facade of the building is required to be located.

“California Environmental Quality Act (CEQA)” means Public Resources Code Section 21000 et seq. or any successor statute and associated guidelines (California Code of Regulations Section 15000 et seq.) that require public agencies to document and consider the environmental effects of a proposed action before a decision.

“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this title, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the California Health and Safety Code.

“Canopy” means a roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

“Carport” means an accessible and usable covered space enclosed on not more than two sides, designed, constructed and maintained for the parking or storage of one or more motor vehicles.

“City” means the City of San Carlos.

“City Council” means the City Council of the City of San Carlos.

“City Engineer” means the City Engineer of the City of San Carlos.

“Commercial cannabis activity” means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of cannabis or a cannabis product, except as set forth in Section 19319 of the California Business and Professions Code, related to qualifying patients and primary caregivers.

“Compatible” means that which is harmonious with and will not adversely affect surrounding buildings and/or uses.

“Conditionally permitted” means permitted subject to approval of a use permit.

“Construction” means construction, erection, enlargement, alteration, conversion or movement of any building, structures, or land together with any scientific surveys associated therewith.

“Corner build-to area” means the area of a corner lot where the facade of the building is required to be located.

“County” means the County of San Mateo.

“Deck” means a platform, either freestanding or attached to a building, that is supported by pillars or posts. See also “balcony.”

“Demolition” means the intentional destruction and removal of fifty percent or more of the enclosing exterior walls and fifty percent of the roof of any structure.

“Density, net” means the number of dwelling units per acre of land excluding street rights-of-way, public easements, public open space, land under water, and certified wetlands and floodplains. Setbacks for wetlands and other sensitive areas and private open space shall not be excluded in calculating net density.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of land.

“Development agreement” means an agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code for such development agreements.

“Director” means the Community Development Director of the City of San Carlos or his/her designee.

District. See “zoning district.”

“Drive-through facilities” means facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies and other commercial uses.

“Driveway” means an accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

“Dwelling unit” means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one family. See also “family.”

“Easement” means a portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another.

“Effective date” means the date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

“Electrical code” means any ordinance of the City regulating the alteration, repair and the installation and use of electricity or electrical fixtures.

“Emergency” means a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

“Environmental impact report (EIR)” means an environmental impact report as required under the California Environmental Quality Act.

“Environmental review” means an evaluation process pursuant to CEQA to determine whether a proposed project may have a significant impact on the environment.

“Erect” means to build, construct, attach, hang, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.

“Facade” means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and hor-izontally across the entire width of the building elevation.

“Family” means one or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fence-Related Definitions. The following terms are related to Section 18.15.040, Fences and walls:

1.    “Fences” means horizontal and vertical structures that are intended to separate properties, retain soil materials and provide security; or as defined by the Building Official. Fences may also be walls, hedges and screen planting.

2.    “Front-most wall” means the facade of the residence (exclusive of accessory and appurtenant structures such as decks, stairwells, etc.) which is located closest to the front property line.

3.    “Irregular lot” means any lot which does not conform to the definition of a corner lot or an interior lot including, but not limited to, through lots, pie and reverse pie shaped lots, flag lots, triangular lots with double street frontages, multisided lots and other lots in the opinion of the Director which are irregular.

4.    “Lattice” means a patterned, crossed material (excluding chain-link fencing) that is arranged to allow at least fifty percent of light and air through the crossed material. Arrangements allowing less than fifty percent will be considered solid.

5.    Lot Lines. Rear and side lot lines shall be those defined in this chapter. A property owner of a corner lot may designate which property line abutting a public right-of-way is his/her front and street side property line, for purposes of this section only. No more than one property line abutting a public right-of-way may be designated as a front property line and no more than one property line abutting a public right-of-way may be designated a street side property line.

6.    “Replacement” means the replacement of any post or rail. Posts or rails cannot be paired or reinforced to avoid replacement to current code. Board repair or substitution does not constitute replacement.

7.    “Sight distance triangle” means the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of forty feet along both lines from their intersection that defines a minimum area of unobstructed view.

8.    “Statuary structures” means decorative objects such as birdbaths, fountains, wells and figures.

“Flex space” means floor area constructed so that it can be adapted for retail/restaurant use in the future, but may be used for other uses in the interim.

“Floor area” means the total horizontal enclosed area of all the floors below the roof and within the outer surface of the walls of a building or other enclosed structure unless otherwise stipulated. See also Section 18.03.080, Determining floor area.

“Floor area ratio (FAR)” means the ratio of the total floor area of all buildings on a lot or other designated building site to the lot area or building site area. See also Section 18.03.090, Determining floor area ratio.

Foot-candle. See Lighting-Related Definitions.

“Footprint” means the horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves. See also Section 18.03.100, Determining lot coverage.

“Formula business” means a use that has fifteen or more other business locations in the United States and is required by contract, business model, or practice to maintain any of the following standardized characteristics: merchandise; menu; services; decor; uniforms; architecture; facade; color scheme; or signs. See also Section 18.23.260, Formula business uses.

“Freeway” means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only restricted right or easement of access.

“Frontage, street” means that portion of a lot or parcel of land that borders a public street. Street frontage shall be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

“Garage” means a building or portion thereof, containing accessible and usable enclosed space designed, constructed and maintained for the parking or storage of one or more motor vehicles.

“General Plan” means the City of San Carlos General Plan.

“Glare” means the effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort or loss of visual performance and ability.

“Government Code” means the Government Code of the State of California.

“Grade” means the location of the ground surface.

1.    “Adjacent grade” means the lowest elevation of ground surface within five feet of the building exterior wall.

2.    “Average grade” means a horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.

3.    “Existing grade” means the elevation of the ground at any point on a lot as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as “natural grade.”

4.    “Finished grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the lot line, or when the lot line is more than five feet from the building, between the building and a line five feet from the building.

5.    “Grade plane” means a reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than five feet from the building, between the building and a point five feet from the building.

FIGURE 18.41.020-A: GRADE PLANE

“Ground floor” means the first floor of a building other than a cellar or basement that is closest to finished grade.

“Habitation” means regular and exclusive use of a space or structure for shelter and other residential purposes in a manner that is private and separate from another residence on the same lot.

“Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

“Heat” means thermal energy of a radioactive, conductive, or convective nature.

“Height” means the vertical distance from a point on the ground below a structure to a point directly above. See also Section 18.03.050, Measuring height.

“Home occupation” means a commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 18.23.120, Home occupations. This definition also includes cottage food operations, as defined in Chapter 6.1 of Part 1 of Division 1 of Title 5 of the Government Code and Chapter 11.5 of Part 7 of Division 104 of the Health and Safety Code, which allows individuals to use their home kitchens to prepare, for sale, foods that are not potentially hazardous.

“Household” means one or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food; who share living expenses, including rent or mortgage payments, food costs and utilities; and who maintain a single mortgage, lease, or rental agreement for all members of the household.

“Illegal use” means any use of land or building that does not have the currently required permits and was originally constructed and/or established without permits required for the use at the time it was brought into existence.

“Intensity of use” means the extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

“Intersection, street” means the area common to two or more intersecting streets.

“Juliet balcony” means a balcony that has no surface for standing or sitting on.

“Kitchen” means any room or space within a building intended to be used for the cooking or preparation of food.

“Landmark sites” means specific areas with a zoning designation of Landmark Commercial that have been identified as economic opportunity sites targeted for preferred uses that are regional and destination-oriented. Landmark sites were originally included in the East San Carlos Specific Plan, which has since been retired. Policies and objectives for landmark sites are included in the City’s Economic Development Plan and General Plan. Preferred uses for landmark sites include large-scale office complexes and hotels, including compatible ancillary uses. Landmark sites are located in the City of San Carlos as follows:

1.    Landmark Site A. Located at the southeast corner of Holly Street and Industrial Road. This site includes five parcels: 501 Industrial Road (APN 046-090-410), 551 Industrial Road (APN 046-090-330), 595 Industrial Road (APN 046-090-290), 850 East San Carlos Avenue (APN 046-090-210), and 810 East San Carlos Avenue (APN 046-090-220).

2.    Landmark Site B. Located at the northeast corner of Holly Street and Industrial Road. This site includes two parcels: 445 Industrial Road (APN 046-051-060) and 405 Industrial Road (APN 046-051-080).

Landscaping-Related Definitions. The following terms are related to Chapter 18.18, Landscaping:

1.    “Automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system.

2.    “Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

3.    “Check valve (anti-drain valve)” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

4.    “Drip irrigation” means any nonspray low-volume irrigation system specifically designed to apply small volumes of water slowly at or near the root zone of plants utilizing emission devices with a flow rate measured in gallons per hour.

5.    “Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

6.    “Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

7.    “Hedge” means any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or form contact with the branches of any other plant in the line. Hedges are not considered trees for the purposes of this title.

8.    “Homeowner-provided landscaping” means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this title, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings.

9.    “Hydrozone” means a portion of the landscaped area having plants with similar water needs.

10.    “Landscaping” means the planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences, hedges, trellises, fountains, sculptures), earth patterning and bedding materials, and other similar site improvements that serve an aesthetic or functional purpose.

a.    “Private landscaping” means any landscaping located within the boundaries of privately owned property, and includes any landscaping located within any unimproved right-of-way abutting a private property and in any park strip other than the City-maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only) or sidewalk abutting a private property.

b.    “Public landscaping” means any landscaping located within any street median, City park or other parcel of publicly owned property, including any landscaping located in a City-maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only).

11.    “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

12.    “Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

13.    “Overspray” means the irrigation water which is delivered beyond the target area.

14.    “Park strip” means that area of the public street located between the face of the curb and closest edge of the sidewalk.

15.    “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

16.    “Pruning” means the removal of more than one-third of the crown or existing foliage of the tree or more than one-third of the root system.

17.    “Rain sensor” means a component which automatically suspends an irrigation event when it rains.

18.    “Remove” means cutting to the ground; extracting; killing by spraying, girdling, or any other means; or pruning done without a permit or which does not conform to the provisions of a permit.

19.    “Runoff” means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area.

20.    “Shrub” means a bush, hedge or any plant that is not a tree more than twelve inches tall.

21.    “Sidewalk” means any concrete sidewalk lying within that area of the street between the face of the curb and the right-of-way line.

22.    “Soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

23.    “Tree” means any live woody or fibrous plant, the branches of which spring from and are supported upon a trunk.

a.    “Community of trees” means a group of trees of any size which are ecologically related to each other.

b.    “Exotic tree” means any tree known not to be an indigenous tree, hence any tree which has been planted for or has excepted from cultivation.

c.    “Heritage tree” means any:

i.    Indigenous tree whose size, as measured at forty-eight inches above natural grade (unless otherwise indicated), is defined below:

Aesculus californica (buckeye) with a single stem or multiple stems touching each other at forty-eight inches above natural grade and measuring thirty inches in circumference.

Arbutus meniesii (madrone) with a single stem or multiple stems touching each other at forty-eight inches above natural grade and measuring thirty inches in circumference.

Quercus agrifolia (coast live oak) of more than thirty inches in circumference.

Quercus lobata (valley oak) of more than thirty inches in circumference.

Quercus douglassii (blue oak) of more than twenty-four inches in circumference.

Quercus wislizneii (interior live oak) of more than twenty-four inches in circumference.

Sequoia sempervirens (redwood) of more than seventy-two inches in circumference.

Umbrellularia californica (California bay laurel) with a single stem or multiple stems touching each other at forty-eight inches above natural grade and measuring thirty inches in circumference.

ii.    Community of trees;

iii.    Tree so designated by the City Council, based upon findings that the particular tree is unique and of importance to the public due to its unusual age, appearance, location or other factors.

d.    “Private tree” means any tree located within the boundaries of privately owned property, and includes any tree located within any unimproved right-of-way abutting a private property and in any park strip or sidewalk abutting a private property.

e.    “Protected tree” means any significant or heritage tree. The following trees shall not be classified as protected trees regardless of size:

i.    Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon;

ii.    Tree of Heaven: Ailianthus altissima;

iii.    Fruit trees of any kind;

iv.    Monterey Pine: Pinus radiata;

v.    Eucalyptus.

f.    “Public tree” means any tree located within any street median, City park or other parcel of publicly owned property, including any tree located in a City-maintained park strip on Laurel Street, and San Carlos Avenue (1100 and 1200 blocks only).

g.    “Significant tree” means any tree that is thirty-six inches in circumference (or more) (which is approximately eleven and one-half inches in diameter), outside of bark, measured at forty-eight inches above natural grade. The following trees shall not be classified as significant or heritage trees regardless of size:

i.    Bailey, Green or Black Acacia: A. baileyana, A. dedurrens or A. melanoxylon;

ii.    Tree of Heaven: Ailianthus altissima;

iii.    Fruit trees of any kind;

iv.    Monterey Pine: Pinus radiata;

v.    Eucalyptus.

h.    “Street-oriented tree” means a private tree that is within the first five feet of the front property line, in a park strip of a sidewalk, or in a portion of a public street or within the public right-of-way that is not improved or maintained by the City.

i.    “Trim” means the cutting or removal of a portion of a tree which removes less than one-third of the crown or existing foliage of a tree, removes less than one-third of the root system, and does not kill the tree.

24.    “Unimproved right-of-way” means that portion of a public street, within the public right-of-way, that is not improved or maintained by the City.

Lighting-Related Definitions. The following terms are related to Section 18.15.070, Lighting and illumination:

1.    “Foot-candle” means a quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Equal to one lumen uniformly distributed over an area of one square foot.

2.    “Light fixture” means the assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirrors, and a refractor or lens.

3.    Light Fixture Cutoff. Light fixtures are classified as full cutoff, cutoff, semi-cutoff, or non-cutoff according to the most recent adopted criteria of the Illuminating Engineering Society of North America (IESNA). The four IESNA classifications are defined as follows (IESNA 2000):

a.    Full Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees above nadir is zero, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees above nadir does not numerically exceed ten percent of the luminous flux (in lumens) of the lamp or lamps in the luminaire.

b.    Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees above nadir does not numerically exceed two and one-half percent of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees above nadir does not numerically exceed ten percent of the luminous flux (in lumens) of the lamp or lamps in the luminary.

c.    Semi-Cutoff. The luminous intensity (in candelas) at or above an angle of ninety degrees above nadir does not numerically exceed five percent of the luminous flux (in lumens) of the lamp or lamps in the luminary, and the luminous intensity (in candelas) at or above a vertical angle of eighty degrees above nadir does not numerically exceed twenty percent of the luminous flux (in lumens) of the lamp or lamps in the luminary.

d.    Non-Cutoff. There is no candela limitation in the zone above maximum candela.

4.    “Shielded fixture” means outdoor light fixtures shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

“Living room” means the principal room in a dwelling unit designed for general living purposes rather than for sleeping.

“Lot” means a parcel, tract, or area of land whose boundaries have been established by a legal instrument such as a deed or map recorded with the County of San Mateo, and which is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way.

1.    “Abutting lot” means a lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

2.    “Corner lot” means a lot or parcel bounded on two or more sides by street lines that have an angle intersection that is not more than one hundred thirty-five degrees.

3.    “Flag lot” means a lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than twenty feet of width. Also called a “panhandle” lot.

4.    “Interior lot” means a lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots or that is bounded by more than one street with an intersection greater than one hundred thirty-five degrees.

5.    “Key lot” means an interior lot adjoining the rear lot line of a reversed corner lot.

6.    “Reversed corner lot” means a corner lot, the rear of which abuts the side of another lot, whether across a lane or not.

7.    “Through lot” means a lot having frontage on two parallel or approximately parallel streets.

FIGURE 18.41.020-B: LOT AND YARD TYPES

“Lot area” means the area of a lot measured horizontally between bounding lot lines.

“Lot coverage” means the portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies. See also Section 18.03.100, Determining lot coverage.

“Lot depth” means the average distance from the front lot line to the rear lot line measured in the general direction of the side lines. See also Section 18.03.060, Measuring lot width and depth.

Lot Frontage. See “frontage, street.”

“Lot line” means the boundary between a lot and other property or the public right-of-way.

Lot Line Types.

1.    Front Lot Line. On an interior lot, the line separating the lot from the street or lane. On a corner lot, the shorter lot line abutting a street or lane. On a through lot, the lot line abutting the street or lane providing the primary access to the lot. On a flag or panhandle lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained. Where no lot line is within forty-five degrees of being parallel to the rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the rear lot line, will be deemed the front lot line for the purpose of establishing the minimum front yard (see Figure 18.41.020-C).

2.    Interior Lot Line. Any lot line that is not adjacent to a street.

3.    Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within forty-five degrees of being parallel to the front lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard (see Figure 18.41.020-C).

4.    Side Lot Line. Any lot line that is not a front or rear lot line.

5.    Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

FIGURE 18.41.020-C: REAR OR FRONT LOT LINE FOR PURPOSES
OF DETERMINING SETBACKS

“Lot width” means the average distance between the side lot lines measured at right angles to the lot depth. See also Section 18.03.060, Measuring lot width and depth.

“Maintenance and repair” means the repair or replacement of nonbearing walls, fixtures, wiring, roof or plumbing that restores the character, scope, size or design of a structure to its previously existing, authorized, and undamaged condition.

“Mansard” means a wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof.

“Mezzanine” means an intermediate floor within a building interior without complete enclosing interior walls or partitions that is not separated from the floor or level below by a wall and has a floor area that is no greater than one third of the total floor area of the floor below. See “story.”

“Municipal code” means the City of San Carlos Municipal Code.

Noise-Related Definitions. The following terms are related to Section 18.21.050, Noise:

1.    “Ambient noise level” means the composite of noise from all sources excluding an alleged offensive noise. In this context, the ambient noise level represents the normal or existing level of environmental noise at a given location for a specified time of day or night.

2.    “Noise” means any sound that annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

3.    “Noise level reduction (NLR)” means the difference in decibels of noise level from the outside of a building to the interior of a building, generally resulting from various construction methods and the materials used in walls, windows, ceilings, doors, and vents of a building.

Nonconforming Building. See “nonconforming structure.”

“Nonconforming lot” means a legal parcel of land having less area, frontage, or dimensions than required in the zoning district in which it is located.

“Nonconforming structure” means a building or structure, or portion thereof, which was lawfully erected or altered or maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Chapter 18.19, Nonconforming Uses, Structures, and Lots.

“Nonconforming use” means the use of a building, structure, or site, or portion thereof, which was lawfully established and maintained, but which, because of the application of this title to it, no longer conforms to the specific regulations applicable to the zoning district in which it is located. See Chapter 18.19, Nonconforming Uses, Structures, and Lots.

“On-site” means located on the lot that is the subject of discussion.

“On-Site loading facilities” means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives, and landscaped areas.

Open Space Types.

1.    “Private open space” means open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

2.    “Common open space” means areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit.

3.    “Usable open space” means outdoor areas that provide for outdoor living and/or recreation for the use of residents.

“Opposite” means across from or across the street from.

“Outdoor storage” means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours, except for the keeping of building materials reasonably required for construction work on the premises pursuant to a valid and current building permit issued by the City.

“Owner” means a person or persons holding single or unified beneficial title to the property, including but not limited to the settler of a grantor trust, a general partner, firm or corporation.

Parcel. See “lot.”

“Parking area” means an area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

1.    “Accessory parking” means an area of a lot, structure, or any other area, which is designed, reserved for and the primary purpose of which is to provide off-street parking to serve a building or use that is the primary or main use of the lot.

2.    “Long-term parking” means an area designed for employee or parking when a vehicle is not normally moved during the period of an employee’s work shift, as opposed to customer or visitor parking.

“Parking, bicycle” means a covered or uncovered area equipped with a rack or racks designed and usable for the secure, temporary storage of bicycles.

1.    Long-term. Bicycle parking that is designed to serve employees, students, residents, commuters, and others who generally stay at a site for four hours or longer.

2.    Short-term. Bicycle parking that is designed to serve shoppers, customers, messengers, guests, and other visitors to a site who generally stay for a period of less than four hours.

“Parking space, off-street” means an area, covered or uncovered, designed and usable for the temporary storage of a vehicle, which is paved and accessible by an automobile without permanent obstruction.

“Peak time” means the period of time with the greatest amount of activity and vehicles on the site.

“Permit” means any zoning clearance, conditional use permit, minor use permit, temporary use permit, building permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

“Permitted use” means any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district.

“Person” means any individual, firm, association, organization, partnership, business trust, company, or corporation.

“Personal cannabis cultivation” means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis strictly for personal use. Such activity must be performed by a person who is at least twenty-one years old. No more than six plants may be cultivated in a dwelling unit, as defined in this section.

“Persons with disabilities” means persons who have a medical, physical, or mental condition, disorder or disability as defined in Government Code Section 12926 or the Americans with Disabilities Act, that limits one or more major life activities.

“Planning Commission” means the Planning Commission of the City of San Carlos.

“Preexisting” means in existence prior to the effective date of the ordinance codified in this title.

“Principal use” means a use that fulfills a primary or predominant function of an establishment, institution, household, or other entity and occupies at least seventy percent of the gross floor area.

“Project” means any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title. This term includes, but is not limited to, any action that qualifies as a project as defined by the California Environmental Quality Act.

“Public Resources Code” means the Public Resources Code of the State of California.

“Qualified applicant” means the property owner, the owner’s agent, or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

Regional Retail and Destination-Oriented Uses. Examples include regional shopping, large-scale office complexes and hotels as individual or combined uses intended to serve regional users. Commercial entertainment and recreation and eating and drinking use classifications may be considered as ancillary uses.

Retail Establishments That Sell Ammunition or Firearms. A retail establishment selling firearms or ammunition is one that conducts a business by the selling, leasing or transferring of any firearm or ammunition, or to hold one’s self out as engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition, or to sell, lease or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

“Review authority” means the body responsible for making decisions on zoning and related applications.

“Right-of-way” means a strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer or other similar use.

“Safe routes to school” means programs to create safe, convenient, and fun opportunities for children to bicycle and walk to and from schools by removing barriers such as lack of infrastructure, unsafe infrastructure, and lack of programs that promote walking and bicycling.

“Screening” refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.

“Setback” means the area between a property line and a building or structure which must be kept clear or open. See also Section 18.03.040, Measuring distances, and Section 18.03.120, Determining setbacks (yards).

“Sidewalk” means a paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

“Sight distance triangle” means a minimum area of unobstructed view that occurs at street intersections.

“Site” means a lot, or group of contiguous lots, that is proposed for development in accordance with the provisions of this title and is in a single ownership or under unified control.

“Solar reflective index” means a measure of a surface’s ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is one hundred.

“Specific plan” means a plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan pursuant to the provisions of Government Code Section 65450 et seq.

“Sphere of influence” means a plan for the probable physical boundaries and service areas of the City as determined by the Local Agency Formation Commission pursuant to Government Code Section 56076.

“State” means the State of California.

“Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above. A mezzanine with a floor area that exceeds one third of the total floor area of the floor or level below constitutes a story.

“Street” means a public or private thoroughfare which affords the principal means of access to a block and to abutting property. “Street” includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or lane as defined herein.

“Street line” means the boundary between a street and a lot or parcel of land.

“Structural alterations” means any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roof line or roof shape.

“Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

1.    “Structure, accessory” means a detached subordinate structure, used only as incidental to the main structure on the same lot.

2.    “Structure, primary (structure, main)” means a structure housing the principal use of a site or functioning as the principal use.

3.    “Structure, temporary” means a structure without any foundation or footings and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

“Swimming pool” means a pool, pond, lake, or open tank capable of containing water to a depth greater than one and one-half feet at any point.

“Tandem parking” means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces.

Temporary Use-Related Definitions. The following terms are related to Section 18.23.240, Temporary uses:

1.    “Garage sales” means the sale or offering for sale to the general public of over five items of personal property on a portion of a lot in a residentially zoned district, whether inside or outside any building.

2.    “Outdoor sales, temporary and seasonal” means the sale or offering for sale to the general public of merchandise outside of a permanent structure on property owned or leased by the person, firm, or corporation. These sales are of a limited duration and conducted on an occasional basis, and are secondary or incidental to the principal permitted use or structure existing on the property.

Unit. See “dwelling unit.”

“Use” means the purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

1.    “Accessory use” means a use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use and occupies not more than thirty percent of the gross floor area.

2.    “Incidental use” means a secondary use of a lot and/or building that is located on the same lot but is not customarily associated with the primary use.

3.    “Primary use” means a primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least seventy percent of the gross floor area of the tenant space or building.

“Use classification” means a system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, public and semi-public, commercial, employment, and transportation, communication, and utilities. See Chapter 18.40, Use Classifications.

“Use permit” means a discretionary permit, such as a minor use or conditional use permit, which may be granted by the appropriate City of San Carlos authority to provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, which are not permitted as of right but which may be approved upon completion of a review process and, where necessary, the imposition of special conditions of approval by the permit granting authority. See Chapter 18.30, Use Permits.

“Use type” means a category which classifies similar uses based on common functional, product, or compatibility characteristics.

“Variance” means a discretionary grant of permission to depart from the specific requirements of this title that is warranted when, due to special circumstances regarding the physical characteristics of the property, the strict application of standards would deprive the property of privileges available to other property in the same zoning classification. See Chapter 18.32, Variances.

“Vehicle” means any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

“Vibration” means a periodic motion of the particles of an elastic body or medium in alternately opposite directions from the position of equilibrium.

“Visible” means capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road.

“Wall” means any vertical exterior surface of building or any part thereof, including windows.

“Yard” means an open space other than a court on a lot that is unoccupied and unobstructed from the ground upward, except as otherwise permitted by this title.

1.    “Front yard” means a yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard shall be a distance specified by this title for the district in which it is located and measured inward from the front lot line.

2.    “Interior side yard” means a yard extending along an interior side of a lot from the front lot line to the rear lot line, and to a depth specified by this title for the district in which it is located and measured inward from the interior side lot line.

3.    “Street side yard” means a yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth specified by this title for the district in which it is located and measured inward from the street side lot line.

4.    “Rear yard” means a yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified by this title for the district in which it is located. If a lot has no rear lot line, a line ten feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

“Zoning Administrator” means the Zoning Administrator of the City of San Carlos, or his or her designee.

“Zoning district” means a specifically delineated area or district in the City within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings. See Section 18.01.070, Districts established. (Ord. 1540 (Exh. G (part)), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1524 § 2 (Exh. A), 2017; Ord. 1518 § 3 (Exh. C (part)), 2017; Ord. 1480 (Exh. D (part)), 2015; Ord. 1464 § 3 (Exh. D (part)), 2013; Ord. 1438 § 4 (Exh. A (part)), 2011)