The purpose of this chapter is to establish standards for specific
uses and activities that are permitted or conditionally permitted
in several or all districts. These provisions are supplemental standards
and requirements to minimize the effect of these uses and activities
on surrounding properties and to protect the health, safety, and welfare
of their occupants and of the general public.
(Ord. 1646 § 2, 2022)
Each land use and activity covered by this chapter shall comply
with the requirements of the sections applicable to the specific use
or activity, in addition to any applicable standard this Ordinance
requires in the district where the use or activity is proposed and
all other applicable provisions of this Ordinance.
A.
The
uses that are subject to the standards in this chapter shall be located
only where allowed by base district or overlay district use regulations.
B.
Planning Permit Requirements. The uses that are subject to
the standards in this chapter are allowed only when authorized by
the planning permit required by base district regulations, such as
a Conditional Use Permit, except where this chapter establishes a
different planning permit requirement for a specific use.
(Ord. 1646 § 2, 2022)
A permit shall be issued ministerially without discretionary
review or hearing for an accessory dwelling unit within 60 days of
receiving a complete application if there is an existing single-unit
or multiple-unit dwelling on the lot and if the requirements of this
chapter, other requirements of the Zoning Ordinance, and other applicable
City codes are met. If the permit application to create an accessory
dwelling unit is submitted with a permit application to create a new
single-unit or multiple-unit dwelling on the lot, the application
for the accessory dwelling unit shall not be acted upon until the
application for the new single-unit or multiple-unit dwelling is approved.
A.
Location. Accessory dwelling units may be established on any
lot in any district where single-unit and/or multiple-unit dwellings
are permitted or conditionally permitted, and a single-unit or multiple-unit
dwelling has been previously established or is proposed to be established
in conjunction with construction of an accessory dwelling unit.
B.
Type of Unit. An accessory dwelling unit shall provide separate,
independent living quarters for one or more persons. An accessory
dwelling unit may be one of the following:
1.
Attached Accessory Dwelling Unit. Added to a primary dwelling unit, typically to the side or rear that is either newly constructed or an expansion of an existing structure that is not a converted accessory dwelling unit as defined herein. Attached accessory dwelling units may be located on a single-unit or multiple-unit residential lot, as provided in subsection C below.
2.
Detached Accessory Dwelling Unit. A freestanding structure that is newly constructed, demolished and reconstructed, or an expansion of an existing freestanding structure that is not a converted accessory dwelling unit as defined herein. Detached accessory dwelling units may be located on a single-unit or multiple-unit residential lot, as provided in subsection C below.
3.
Converted Accessory Dwelling Unit. Located
within the physical dimensions of an existing or proposed single-unit
dwelling (with exterior access therefrom) or existing accessory structure,
or within the non-livable area in an existing multiple-unit dwelling
structure. Modifications to building footprints and physical dimensions
are not permitted for converted accessory dwelling units, except within
an existing or proposed single-unit dwelling or existing accessory
structure, where necessary to accommodate ingress and egress or habitability
requirements under applicable building code provisions. In such instances,
an expansion of up to 150 square feet would be permitted as long as
the side and rear setbacks are sufficient for fire and safety.
C.
Number of Units Allowed.
1.
Single-Unit Lot. On a lot with an existing
or proposed single-unit dwelling, one accessory dwelling units, of
any type, and one junior accessory dwelling unit.
2.
Multiple-Unit Lot.
a.
Up to two detached accessory dwelling units are permitted on a lot
with an existing or proposed multiple-unit dwelling. Within an existing
multiple-unit dwelling structure, converted accessory dwelling units
shall be permitted up to 25 percent of the existing number of units
or one unit, whichever is greater. Such converted accessory dwelling
unit shall only be permitted within the portions of the structure
that is not used as livable space, provided that the unit complies
with the California Building Standards Code as set forth in Title
15.
b.
If there are existing accessory structures on a lot with an existing
or proposed multiple-unit dwelling, converted accessory dwelling units
may be permitted within all such existing accessory structures provided
that the lot does not otherwise contain one or more proposed or existing
accessory dwelling unit permitted under subsection (C)(2)(a) above,
and that the converted accessory dwelling unit(s) meet the requirements
of subsection (B)(3) above, the development standards of the zoning
district in which the property is located, and all other applicable
requirements of this chapter.
D.
Development Standards. Accessory dwelling units shall conform
to the specific development standards set forth below, and unless
specified otherwise below, shall comply with the landscaping, lot
coverage, and other zoning requirements of the zoning district in
which the site is located; other applicable development standards
in this chapter; other requirements of the Zoning Ordinance; and other
applicable City building, electrical, fire, utility and structural
safety codes.
2.
Separation Between Units. The distance
between an accessory dwelling unit to the rear of the primary dwelling
and any other existing or proposed structures on the lot, inclusive
of eaves, as applicable, shall be as follows:
3.
Height. The maximum height for an accessory
dwelling unit shall be as follows:
a.
Attached accessory dwelling unit: the height requirements of
the zoning district where the site is located.
b.
Detached accessory dwelling unit: 18 feet maximum, except where
a detached accessory dwelling is located within one-half a mile walking
distance from a major transit stop or a high-quality transit corridor
as defined under Public Resources Code Section 21155, an additional
two feet in height is permitted to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof pitch of the
primary dwelling unit.
4.
Entry and Exterior Access. Each accessory
dwelling unit shall have an entry or exterior door access separate
from the primary unit. Where possible, the exterior entry for an attached
accessory dwelling unit or an accessory dwelling unit located within
an existing single-unit dwelling shall not be located adjacent to
the primary front door of the primary dwelling unit.
E.
Maximum Floor Area.
1.
Attached Accessory Dwelling Unit. The
total floor area of an attached accessory dwelling unit shall not
exceed 50 percent of the floor area of the primary unit or 800 square
feet, whichever is greater, with a maximum allowable floor area of
1,000 square feet.
2.
Detached Accessory Dwelling Unit. The
total floor area of a detached accessory dwelling unit shall not exceed
1,000 square feet.
F.
Architectural Compatibility. Except as provided in subsection D above, an accessory dwelling unit shall be designed and constructed in accordance with applicable site and design standards listed in Chapter 20.310 ("Site and Building Design Standards"), and the following:
1.
Attached Accessory Dwelling Unit.
a.
On Single-Unit Lot. An attached accessory dwelling unit on a single-unit lot shall be subject to the site and design standards specified in Section 20.310.003 ("Single-Unit and Duplex Residential Design").
b.
On Multiple-Unit Lot. An attached accessory dwelling unit on a multiple-unit lot shall be subject to the site and design standards specified in Section 20.310.004 ("Multifamily Residential and Residential Mixed-Use Design").
2.
Detached Accessory Dwelling Unit. A detached accessory dwelling unit on a single- or multiple-unit lot shall be subject to the site and design standards specified in Section 20.310.003 ("Single-Unit and Duplex Residential Design").
G.
Parking. One independently usable on-site parking space
shall be provided for each accessory dwelling unit or bedroom, whichever
is less, unless the accessory dwelling unit meets any of the following
criteria, in which case no parking spaces shall be required:
1.
Within a one-half-mile walking distance of public transit;
2.
Within an architecturally and historically significant historic
district;
3.
Is a part of the proposed or existing primary residence or an
accessory structure;
4.
Is submitted with an application to create a new primary single-unit or multiple-unit dwelling, provided that the accessory dwelling unit satisfies any other criteria listed in this subsection G;
5.
Is in an area where on-street parking permits are required,
but not offered to the occupant of the accessory dwelling unit; or
6.
Within one block of a car share area.
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If a space is required, it shall be provided in addition to the required parking for the primary single-unit or multiple-unit dwelling and shall comply with all development standards set forth in Chapter 20.330 ("On-Site Parking and Loading"). Required parking may be provided as tandem parking on a driveway or in setback areas unless the Chief Planner makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or conditions that would pose a risk to health and safety or violate any fire or building code provisions. Replacement parking shall not be required when existing off-street parking for the primary single-unit or multiple-unit dwelling is converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit.
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H.
Exceptions. Development standards described in this
chapter and elsewhere in the Zoning Ordinance, including, but not
limited to, setbacks (including front setbacks), height, density,
lot coverage, distance between buildings, minimum or maximum floor
area ratio, or another property development standards, shall be waived
for:
1.
Converted accessory dwelling units located on single-unit lots;
2.
Attached or detached accessory dwelling units that have a maximum
size of 800 square feet with at most 18 feet in height, does not exceed
four-foot side and rear yard setbacks, and located on single-unit
lots;
3.
Converted accessory dwelling units located on a lot with one
or more existing multiple-unit dwelling(s) as set forth in subsection
(C)(2)(a) above; and
4.
Detached accessory dwelling units located on a lot with one
or more existing multiple-unit dwelling(s) as permitted by subsection
(C)(2)(a) above, provided that such units have a maximum height of
18 feet and four-foot rear and side yard setbacks.
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However, the foregoing accessory dwelling units under subsections
(H)(1) through (4) shall continue to comply with applicable building,
electrical, fire, utility and structural safety codes for the issuance
of a Building Permit.
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I.
Code Compliance. An accessory dwelling unit shall comply with
all applicable provisions of the South San Francisco Municipal Code
relating to health, welfare, public peace and safety, in effect at
the time of approval of the Building Permit, and as follows:
1.
If the proposed accessory dwelling unit is attached or within the
primary dwelling unit, the primary unit must comply with all building,
electrical, plumbing, and housing code requirements in effect at the
time the Building Permit is issued for the accessory dwelling unit.
2.
Products of combustion detectors shall be required for each primary
and accessory dwelling unit.
3.
Delay of Enforcement of Building Standards.
a.
Prior to January 1, 2030, the owner of an accessory dwelling unit
that was built before January 1, 2020 may submit an application to
the Chief Building Official requesting that correction of any violation
of building standards be delayed for five years. For purposes of this
section, “building standards” refers to those standards
enforced by local agencies under the authority of Section 17960 of
the California Health and Safety Code.
b.
The Chief Building Official shall grant the application if the Chief
Building Official determines that enforcement of the building standard
is not necessary to protect health and safety. In making this determination,
the Chief Building Official shall consult with the Fire Chief.
c.
No applications pursuant to this section shall be approved on or
after January 1, 2030. However, any delay that was approved before
January I, 2030, shall be valid for the full term of the delay that
was approved at the time of the approval of the application.
d.
Until January l, 2030, any notice to correct a violation of building
standard that is issued to the owner of an accessory dwelling unit
built before January l, 2020 shall include a statement that the owner
has a right to request a delay in enforcement of the building standard
for an accessory dwelling unit pursuant to this section.
e.
This section shall remain in effect until January 1, 2035 or, if
such date is further extended by State law, until that extended date,
and thereafter is repealed.
J.
Use Limitation.
1.
An accessory dwelling unit may be rented separate from a primary
single-unit or multiple-unit dwelling but may not be sold or otherwise
conveyed separately from the primary unit, unless specifically authorized
under California Government Code Section 65852.26.
2.
An accessory dwelling unit shall not be used for rentals of terms
shorter than 31 consecutive days.
K.
Deed Restrictions. Prior to obtaining a Building Permit for
an accessory dwelling unit, a deed restriction, in a form approved
by the City Attorney, shall be recorded with the County Recorder’s
Office, which shall include the pertinent restrictions and limitations
of an accessory dwelling unit identified in this chapter. Said deed
restriction shall run with the land, and shall be binding upon any
future owners, heirs, or assigns. A copy of the recorded deed restriction
shall be filed with the City stating that:
1.
The accessory dwelling unit cannot be sold separately. However, this
clause shall be omitted from a deed restriction for an accessory dwelling
unit that is specifically authorized under California Government Code
Section 65852.26.
2.
The accessory dwelling unit cannot be used for rentals for terms
shorter than 31 consecutive days.
3.
The accessory dwelling unit is restricted to the maximum size allowed
per the requirements of this chapter.
4.
The restrictions shall be binding upon any successor in ownership
of the property, the City may enforce these provisions at the cost
of the owner, and enforcement may include legal action against the
property owner including revocation of any right to maintain an accessory
dwelling unit on the property.
L.
Junior Accessory Dwelling Units. A junior accessory dwelling
unit is a unit that is no more than 500 square feet in size and contained
entirely within an existing or proposed single-unit dwelling within
the existing footprint. A junior accessory dwelling unit may include
separate sanitation facilities, or may share sanitation facilities
with the existing structure.
1.
Development Standards. Junior accessory
dwelling units shall comply with the following standards:
a.
Number of Units Allowed. Only one junior accessory
dwelling unit may be located on any lot in any district where single-unit
dwellings are permitted or conditionally permitted. A junior accessory
dwelling unit may only be combined with an accessory dwelling unit
that conforms to the development standards in this chapter.
b.
Location. A junior accessory dwelling unit may only
be located on a lot where a single-unit dwelling has been previously
constructed or is proposed to be constructed in conjunction with construction
of a junior accessory dwelling unit. A junior accessory dwelling unit
must be created within the walls of an existing or proposed single-unit
dwelling.
c.
Separate Entry Required. A separate exterior entry
shall be provided to serve a junior accessory dwelling unit. Where
possible, the exterior entry for a junior accessory dwelling unit
shall not be located adjacent to the primary front door of the primary
dwelling unit.
d.
Interior Entry Required. If a junior accessory dwelling
unit is constructed without a separate sanitation facility, the unit
shall have interior doorway access to the primary dwelling unit.
e.
Kitchen Requirements. The junior accessory dwelling
unit shall include an efficiency kitchen, requiring and limited to
the following components:
f.
Minimum and Maximum Floor Area. The minimum total
floor area of a junior accessory dwelling unit shall be at least the
minimum area of an efficiency unit as described in Section 17958.1
of the California Health and Safety Code but shall not exceed a maximum
of 500 square feet of floor area.
2.
Parking. No additional parking shall
be required.
3.
Owner Occupancy. The owner of a parcel
proposed for a junior accessory dwelling unit shall occupy as a principal
residence either the primary dwelling unit or the accessory dwelling
unit.
4.
Sale Prohibited. A junior accessory
dwelling unit shall not be sold independently of the primary dwelling
on the parcel.
5.
No Short-Term Rental. A junior accessory
dwelling unit shall not be used for rentals of terms shorter than
31 consecutive days.
6.
Deed Restriction. Prior to obtaining
a Building Permit for a junior accessory dwelling unit, a deed restriction,
approved by the City Attorney, shall be recorded with the County Recorder’s
Office, which shall include the pertinent restrictions and limitations
of a junior accessory dwelling unit identified in this section. Said
deed restriction shall run with the land, and shall be binding upon
any future owners, heirs, or assigns. A copy of the recorded deed
restriction shall be filed with the City stating that:
a.
The junior accessory dwelling unit shall not be sold separately from
the primary dwelling unit;
b.
The junior accessory dwelling unit is restricted to the maximum size
allowed per the development standards;
c.
The junior accessory dwelling unit shall be considered legal only
so long as either the primary dwelling unit, or the junior accessory
dwelling unit, is occupied by the owner of record of the property;
d.
The restrictions shall be binding upon any successor in ownership
of the property and lack of compliance with this provision may result
in legal action against the property owner, including revocation of
any right to maintain a junior accessory dwelling unit on the property.
M.
Utilities and Impact Fees.
1.
No accessory dwelling unit shall be permitted if it is determined
that there is not adequate water or sewer service to the property.
2.
For all utility services other than sewer services, only an accessory dwelling unit constructed with a new single-unit or multiple-unit dwelling shall be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and a utility. If a new or separate utility connection is required pursuant to this section or installed upon request of the property owner, a connection fee or capacity charge shall be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the accessory dwelling unit. For sewer services, the number of sewer laterals/connections to the City’s wastewater collection system shall comply with Section 14.14.040 (“Building Drain and Building Sanitary Sewer Lateral”) of this Code and only an accessory dwelling unit constructed with a new single-unit or multiple-unit residential dwelling shall be required to pay a sewer capacity charge, the amount of which shall be proportionate to the size in square feet of the accessory dwelling unit or its DFU values.
3.
Impact Fees. No impact fees may be
imposed on an accessory dwelling unit that is less than 750 square
feet in size. For purposes of this section, “impact fees”
include the fees specified in Sections 66000 and 66477 of the Government
Code, but do not include utility connection fees or capacity charges.
For accessory dwelling units that have a floor area of 750 square
feet or more, impact fees shall be charged proportionately in relation
to the square footage of the primary dwelling unit in accordance with
the then most current applicable fee schedule as adopted by the City
Council.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A.
An accessory use shall be secondary to a primary use and shall be allowed only in conjunction with a primary use permitted in the applicable zone. The accessory use may be subject to specific standards found in this chapter or within each zone, as specified in the use tables. Accessory uses are also subject to Citywide standards found in Chapter 20.300 (“Lot and Development Standards”).
B.
Commercial
accessory uses shall encompass no more than 30 percent of the business
floor area. Any expansion of the building footprint or business floor
area to accommodate an accessory use shall require a Minor Use Permit
and/or Design Review as appropriate.
C.
A
business may have more than one accessory use, but each accessory
use must comply with the limitations on floor space, and the total
combined area of accessory uses shall not exceed 30 percent of the
business floor area.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A.
Purpose. It is the intent of this section to prevent community-wide
adverse economic impacts, increased crime, decreased property values,
and the deterioration of neighborhoods, which can be brought about
by the concentration of adult-oriented businesses in close proximity
to incompatible uses such as schools for minors, churches, and residentially
zoned districts or uses. The City Council finds that it has been demonstrated
in various communities that adult-oriented businesses can cause an
increase in the number of transients in the area, and an increase
in crime, and in addition to the effects described above can cause
other businesses and residents to move elsewhere. It is, therefore,
the purpose of this article to establish reasonable and uniform regulations
to prevent the close proximity of adult-oriented businesses to incompatible
uses, while permitting the location of adult-oriented businesses in
certain areas.
B.
Applicability. This section applies to the establishment of
any adult-oriented business, including the operating of such a business
as a new business, the relocating of such business, or the conversion
of an existing business location to any sex oriented entertainment
business use as follows:
1.
The opening or commencement of any adult-oriented business as a new
business;
2.
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business defined herein;
3.
The addition of any of the adult-oriented businesses defined herein
to any other existing adult-oriented business;
4.
The relocation of any such adult-oriented business; or
5.
The opening or commencement of any adult-oriented business as an
accessory use of an existing business.
C.
Standards. The following standards apply to adult-oriented
businesses.
1.
Location. No adult-oriented business
shall be established or located in any district in the City other
than the Business Commercial or Mixed Industrial districts east of
South Airport Boulevard and the Bayshore Freeway, or within certain
distances of certain specified land uses or districts as set forth
below:
a.
No such business shall be established or located within 300 feet
from any existing residential district or use, park, religious facility,
school, or public facilities serving children, or within 600 feet
of any other adult-oriented business.
b.
The distances set forth above shall be measured as a radius from
property line to property line without regard to intervening structures.
2.
Loitering. No loitering or consumption
of alcoholic beverages shall be allowed in adult-oriented business
parking lots. Parking lots shall contain signage stating that loitering
and consumption of alcoholic beverages are prohibited in parking lots.
3.
Screening. All windows, doors or other
apertures shall be architecturally screened or otherwise obscured
so as to prevent public viewing of the interior of the adult-oriented
business from a public street or sidewalk.
4.
Security. All adult-oriented businesses
shall provide security personnel (at a ratio of one per 10 parking
spaces) to control behavior of both indoor and outdoor patrons so
they do not violate any laws.
5.
Signs. No advertisement displays or
merchandise available for sale or rent that includes or depicts specified
sexual activities or specified anatomical areas shall be visible from
any public right-of-way. Total wall sign area shall not exceed 20
square feet. Businesses located on a corner lot may have a maximum
of 25 square feet. No signage associated with the business, including
monument signs, shall be visible from a State highway.
6.
Time Limits. Hours of operation of
the business shall be limited to the time period between 10:00 a.m.
and midnight daily.
D.
“Adult-oriented business”
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
“Figure model”
“Regularly features”
“Semi-nude” or “semi-nudity”
“Specified anatomical areas”
a.
b.
c.
“Specified sexual activities”
a.
b.
c.
d.
Definitions. Unless otherwise specifically provided, the terms used in this
section shall have the following meanings:
means any of the following:
“Adult arcade”
means an establishment where, for any form of consideration,
one or more still or motion picture projectors, or similar machines,
for viewing by five or fewer persons each, are used to show films,
computer generated images, motion pictures, video cassettes, slides
or other photographic reproductions as part of its regular course
and scope of conduct of its business and which are distinguished or
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
“Adult bookstore”
means an establishment that a result as part of the regular
course and scope of conduct of its business has its stock in books,
magazines, periodicals or other printed matter, or of photographs,
films, motion pictures, video cassettes, slides, tapes, records or
other form of visual or audio representations which are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities and/or specified anatomical areas,
or in goods specifically designed to be used to achieve sexual gratification
and constituting a substantial portion of the adult bookstore’s
revenues.
“Adult cabaret”
i.
ii.
iii.
means a nightclub, restaurant, or similar business establishment
which:
Regularly features live performances which are distinguished
or characterized by an emphasis upon the display of specified anatomical
areas or specified sexual activities; and/or
Regularly features live performances by persons who appear semi-nude;
and/or
Shows films, computer generated images, motion pictures, video
cassettes, slides, or other photographic reproductions that are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas as part
of the regular course and scope of conduct of its business.
“Adult hotel/motel”
i.
ii.
means a hotel or similar business establishment offering
public accommodations for any form of consideration which:
Provides patrons with closed-circuit television transmissions,
films, computer generated images, motion pictures, video cassettes,
slides, or other photographic reproductions that are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas as part
of the regular course and scope of conduct of its business constituting
a substantial portion of the adult hotel/motel’s revenues, and/or
Rents, leases, or lets any room for less than a six-hour period,
or rents, leases, or lets any single room more than twice in a 24-hour
period.
“Adult motion picture theater”
means a business establishment where, for any form of consideration,
films, computer generated images, motion pictures, video cassettes,
slides or similar photographic reproductions are shown, which are
distinguished or characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical
areas as part of the regular course and scope of conduct of its business.
“Adult theater”
means a theater, concert hall, auditorium, or similar establishment
which, for any form of consideration regularly features live performances
which are distinguished or characterized by an emphasis on the display
of specified anatomical areas or specified sexual activities or which
features live performances by persons who are semi-nude.
“Modeling studio”
means a business which provides, for pecuniary compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display specified
anatomical areas or are semi-nude to be observed, sketched, photographed,
painted, sculpted or otherwise depicted by persons paying such consideration.
“Modeling studio” does not include schools maintained
pursuant to standards set by the State Board of Education. “Modeling
studio” further does not include a studio or similar facility
owned, operated, or maintained by an individual artist or group of
artists, and which does not provide, permit, or make available specified
sexual activities.
“Outcall service”
means any establishment, business, or person that provides
an outcall service consisting of individuals leaving a premises upon
request or by appointment to visit other premises for a period of
time for the purpose of providing any service during which time specified
anatomical areas are displayed, specified sexual activities occur,
or seminude live performances or activities occur.
“Sexual encounter establishment”
means an establishment, other than a hotel, motel or similar
establishment offering public accommodations which, for any form of
consideration, provides a place where two or more persons may congregate,
associate or consort in connection with specified sexual activities
or the exposure of specified anatomical areas or live semi-nude displays.
This definition does not include an establishment where a medical
practitioner, psychologist, psychiatrist or similar professional person
licensed by the state engages in sexual therapy.
“Distinguished or characterized by an emphasis upon”
means and refers to the dominant or essential theme of the
object described by such phrase. For instance, when the phrase refers
to films “which are distinguished or characterized by an emphasis
upon” the depiction or description of specified sexual activities
or specified anatomical areas, the films so described are those whose
dominant or predominant character and theme are the depiction of specified
sexual activities or anatomical areas. See Pringle v. City
of Covina, 115 Cal. App.3d 151 (1981).
means any person who, for pecuniary compensation, consideration,
hire or reward, poses in a modeling studio to be observed, sketched,
painted, drawn, sculptured, photographed or otherwise depicted.
with respect to an adult theater or adult cabaret, means
a regular and substantial course of conduct. The fact that live semi-nude
performances or other activities occur on two or more occasions within
a 30-day period; three or more occasions within a 60-day period; or
four or more occasions within a 180-day period, shall to the extent
permitted by law be deemed to be a regular and substantial course
of conduct.
means a state of dress in which clothing covers no more than
the genitals, pubic region, buttocks, areola of the female breast,
as well as portions of the body covered by supporting straps or devices.
means and includes any of the following:
Less than completely and opaquely covered human genitals or
pubic region, buttocks or female breast below a point immediately
above the top of the areola;
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered;
Any device, costume or covering that simulates any of the body
parts included in subsections a or b of this definition.
means and includes any of the following, whether performed
seminude or directly or indirectly through clothing or other covering:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of or in connection with any of
the other activities described in subsections a through c of this
definition.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Animal care, sales, and services facilities shall be located,
developed, and operated in compliance with the following standards:
A.
Noise. Noise produced by animal care, sales, and services
activities shall be attenuated as necessary by interior noise insulation
or other measures so that it does not exceed 60 dB at the interior
lot lines of the site.
B.
Waste. Animal waste shall be properly disposed of, consistent
with California Regional Water Quality Control Board and City requirements.
C.
Operating Procedures. Applicants must submit written operating
procedures, such as those recommended by the American Boarding and
Kennel Association. Such procedures must include provisions for identifying
and correcting behavior that may adversely affect surrounding uses
including excessive barking.
D.
Animal Boarding Facilities. Animal boarding facilities, including
kennels, pet day care facilities and veterinary services, are also
subject to the following standards:
1.
Location.
a.
Separation from Other Facilities. An animal boarding
facility shall be separated by at least 300 feet in all directions
from any other animal boarding facility. This spacing requirement
may be reduced with Minor Use Permit approval if the Chief Planner
first finds that adjacent businesses and neighborhoods are not adversely
impacted.
b.
Separation from Residential Areas. An animal boarding
facility shall not be located within 200 feet from any residential
district or an existing residential use.
c.
Outdoor Facilities. Outdoor animal boarding facilities
must be located at least 200 feet from any lot line.
d.
Street Type. Animal boarding facilities shall be
located on a highway or arterial street.
2.
Pick-Up/Drop-Off Plan. A plan for employee
and client parking and the pick-up and drop-off of animals shall be
provided for review and approval by the Chief Planner. The plan shall
demonstrate that adequate parking and loading are provided on-site
to prevent excessive on-street parking and to minimize congestion
and conflict points on travel aisles and public streets. The plan
shall take into consideration such factors as the number of animals
that may be boarded and the anticipated number of employees on the
largest shift.
3.
Animals must be kept in an enclosed area or on a leash no longer
than six feet.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Animal keeping is allowed as an accessory use to a primary residential
use. To permit the keeping of animals and ensure that their presence
does not create an undue burden on neighboring residents, the following
standards apply:
A.
Household Pets. Small domestic household pets such as cats,
dogs, birds, fish and hamsters kept for non-commercial purposes is
permitted.
B.
Domestic Animals. Other animals may be kept as an accessory
use to a primary single-unit detached dwelling subject to the following
standards:
1.
Lots of One-Half Acre or Less. The
keeping of chicken, hens, rabbits, guinea pigs, or similar small animals,
not exceeding a combined total of six (excluding the offspring thereof,
up to the age of six months), may be kept for home enjoyment or consumption,
subject to the provisions of other applicable laws. No hoofed animals
or roosters are permitted, except up to two potbellied pigs are allowed
as pets.
2.
Lots Exceeding One-Half Acre. The keeping
of more than six chickens, hens, rabbits, guinea pigs or similar small
animals or keeping of roosters, hoofed animals, or other types of
livestock is allowed with an approved Conditional Use Permit. Such
animals must be housed in pens or buildings set back at least 35 feet
from any lot line and 40 feet from any residence.
C.
Beekeeping. Beekeeping is permitted subject to the following
standards:
1.
It shall be the duty of every person on whose property bees are kept
to adhere to good management practices and maintain bees in a condition
that will reasonably prevent swarming and aggressive behavior.
2.
It shall be the responsibility of the person on whose property the
bees are kept to provide adequate water for the bees to prevent bees
from seeking water in neighboring swimming pools, birdbaths, ponds
or other community bodies of water.
3.
A maximum of two beehives per lot are permitted on a parcel of land
less than 10,000 square feet.
4.
A maximum of four beehives per lot are permitted on a parcel of land
with an area over 10,000 square feet.
5.
Beehives are restricted to rear yards.
6.
In order to ensure the appropriate height of the honeybee flight
path:
7.
Registration. Beekeeping registration
is required prior to establishment of an apiary, as follows:
a.
The applicant must submit and the Chief Planner must review plans
demonstrating compliance with the standards of this section.
b.
The applicant must register the apiary with the San Mateo County
Agricultural Commissioner to receive notification of pesticide applications,
pursuant to Section 29101 of the California Food and Agricultural
Code.
c.
The applicant must submit plans and a signed statement showing and
agreeing to compliance with all obligations imposed by this section
and holding the City harmless if the owner does not so comply.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Automobile/vehicle sales and leasing shall be located, developed
and operated in compliance with the following standards:
A.
Landscaping. At least 10 percent of the site shall be landscaped, unless the Chief Planner determines that due to the characteristics of a specific site, a lower percentage of proposed landscaping is sufficient to adequately screen the site. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 ("Landscaping"), and the following standards:
1.
A minimum six-foot-wide inside dimension and a six-inch-high curbed
landscaped planter area shall be provided along the front and street
side property lines, except for vehicular circulation openings. A
three-foot-wide landscaping buffer shall be provided along all other
property lines.
2.
A 600-square-foot planter with a minimum dimension of 20 feet shall
be provided at the corner of intersecting streets unless a building
is located at the corner.
3.
Additional landscaping may be required where necessary to prevent
visual impacts on adjacent properties.
B.
Lighting. In addition to the lighting standards required in Section 20.300.009 ("Lighting and Illumination"), all exterior light sources, including canopy, perimeter, and flood, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Major and minor automobile/vehicle service and repair uses must
comply with the following standards:
A.
Landscaping. A minimum six-foot-wide inside dimension and a six-inch-high curbed landscaped planter area shall be provided along the front and street side property lines, except for vehicular circulation openings. A three-foot-wide landscaping buffer shall be provided along all other property lines. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 ("Landscaping").
B.
Noise. All body and fender work or similar noise-generating
activity shall be conducted within an enclosed masonry or similar
building with sound-attenuating construction to absorb noise. Air
compressors and similar equipment shall be located inside a building.
C.
Litter. The premises shall be kept in an orderly condition
at all times. No used or discarded automotive parts or equipment or
permanently disabled, junked, or wrecked vehicles may be stored outside
a building.
D.
Work Areas.
1.
All work shall be conducted within an enclosed building except: pumping
motor vehicle fluids, checking and supplementing various fluids, and
mechanical inspection.
2.
Work activities conducted outdoors must meet the following conditions:
a.
The work is performed within 20 feet of the primary structure;
b.
The work is performed entirely within a clearly marked area that
is at least 40 feet from the property line of the nearest residence
or within a clearly marked area that is not visible from the nearest
residence;
c.
The work area does not exceed 50 percent of the facility’s
existing outdoor area or 400 square feet, whichever is greater;
d.
The work does not involve the use of pneumatic tools or power tools
unless battery-powered;
e.
The work is not audible at the property line of the nearest residence;
and
f.
The work is performed between the hours of 8:00 a.m. and 5:00 p.m.
Monday through Friday and between 9:00 a.m. and 5:00 p.m. Saturday.
E.
Vehicle Storage. Vehicles being worked on or awaiting service or pick-up shall be stored within an enclosed building or in a parking lot on the property that is screened in compliance with Section 20.300.012 (“Screening”). Unattended vehicles may not be parked or stored on the sidewalk adjoining the property, in the street, or in any portion of the public right-of-way within the City.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Service stations, automobile/vehicle washing facilities, and
any other commercial use that includes fuel pumps for retail sales
of gasoline shall be located, developed, and operated in compliance
with the following standards. Such uses warrant special consideration
because of potential traffic hazards, the physical appearance of outdoor
facilities, hours of operation, noise, use of hazardous materials,
and potential effects on adjacent uses and properties in the surrounding
area.
A.
Landscaping. At least 10 percent of the site shall be landscaped. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 ("Landscaping"), and the following standards:
1.
A minimum six-foot-wide inside dimension and a six-inch-high curbed
landscaped planter area shall be provided along the front and street
side property lines, except for vehicular circulation openings. A
three-foot-wide landscaping buffer shall be provided along all other
property lines.
2.
A 600-square-foot planter with a minimum dimension of 20 feet shall
be provided at the corner of intersecting streets unless a building
is located at the corner.
3.
Additional landscaping may be required where necessary to prevent
visual impacts on adjacent properties.
B.
Lighting. In addition to the lighting standards required in Section 20.300.009 (“Lighting and Illumination”), all exterior light sources, including canopy, perimeter, and flood, shall be energy efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.
C.
Pump Islands. Pump islands shall be located a minimum of 15
feet from any property line to the nearest edge of the pump island.
A canopy or roof structure over a pump island may encroach up to 10
feet within this distance.
D.
Washing Facilities. No building or structure shall be located
within 30 feet of any public street or within 20 feet of any interior
lot line of a residential use or residential district. Car wash openings
shall be screened from public streets to a height of 40 inches. Screening
devices shall consist of walls and/or berms with supplemental plant
materials.
E.
Hours of Operation. Automobile/vehicle washing facilities
are limited to 7:00 a.m. to 10:00 p.m., seven days a week unless additional
hours are allowed subject to Minor Use Permit approval. When abutting
a residential district, the hours of operation shall be between 8:00
a.m. to 8:00 p.m., seven days a week.
F.
Application Review and Findings for Approval. In reviewing
proposals, emphasis shall be placed on quality design of building
materials and landscape features. The decision-making authority shall
only approve a Conditional Use Permit for a service station or washing
facility if it finds that:
1.
The project is designed so that form and scale are harmonious and
consistent with the character of the specific site, the adjacent uses
and structures, and the surrounding neighborhood.
2.
The site design, including the location and number of driveways,
will promote safe and efficient on-site and off-site traffic circulation.
3.
Service bay openings are designed to minimize the visual intrusion
on surrounding streets and properties.
4.
Lighting is designed to be low-profile, indirect or diffused, and
avoid adverse impacts on surrounding uses.
5.
The washing facility will not have an adverse impact on water supply
and quality.
G.
Conditions of Approval. Conditions of approval may address
operational characteristics of the use; impose restrictions on outdoor
storage and display, location of pump islands, canopies and service
bay openings; and/or require buffering, screening, lighting, planting
areas, or other site elements, in order to avoid adverse impacts on
properties in the surrounding area.
H.
Abandonment. Any service station shall in the case of abandonment
or non-operation of the primary use be dismantled and the site cleared
within 12 months subsequent to the close of the last business day.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Bed and breakfast establishments shall be located, developed,
and operated in compliance with the following standards:
A.
Type of Residence. Must be located, developed and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapters 20.620 ("Use Classifications") and 20.621 ("Definitions of Terms"), and Section 20.350.003 ("Accessory Dwelling Units").
B.
Number of Rooms. A Minor Use Permit is required for bed and
breakfast uses with three or more rooms.
C.
Owner Occupancy. The primary residence of a bed and breakfast
owner/operator must be on site.
D.
Duration. Bed and breakfast inns must be rented for periods
of less than 30 days.
E.
Appearance. In all residential districts, the exterior appearance
of a structure housing a bed and breakfast establishment shall not
be altered from its original single-unit character.
F.
Parking. Parking spaces shall be provided according to the standards of Chapter 20.330 (“On-Site Parking and Loading”), at a ratio of one space per room for rent in addition to parking required for the residential use. Such spaces shall not encumber access to a required parking space for the residential use.
G.
Limitation on Services Provided. Meals and rental of bedrooms
shall be limited to registered guests. Separate or additional kitchens
for guests are prohibited.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
All community assembly uses shall be located, developed, and
operated in compliance with the following standards:
A.
Access. Community assembly uses shall take primary access
from a public street with a minimum of 50 feet in width and improved
with curbs, gutters, sidewalks and streetlights.
B.
Buffer, Where Required. A minimum 20-foot perimeter buffer
shall be included adjacent to any residential district or use. This
buffer area may be used for parking or landscaping but shall not be
used for structures or outside activities.
C.
Amplified Sound. Sound amplification equipment shall be operated in compliance with the requirements of Chapter 8.32 (“Noise Regulations”) of the South San Francisco Municipal Code.
D.
Outdoor Recreation. Outdoor recreation areas shall be at least
50 feet from any residential district or use. Sound amplification
equipment may not be used in outdoor areas.
E.
Parking Area Screening. In addition to the standards of Section 20.330.010 ("Parking Area Design and Development Standards"), parking areas for large community assembly uses adjacent to any residential district or use, including within the front setback, shall be screened with a wall, opaque fence, or hedge six feet in height.
F.
Outdoor Lighting.
1.
Outdoor lighting shall be shielded to direct light and glare only
onto the community assembly facility premises. Such lighting shall
be deflected, shaded, and focused away from all adjoining property.
2.
Outdoor lighting shall not exceed an intensity of one foot-candle
of light throughout the facility.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Convenience markets shall be located, developed, and operated
in compliance with the following standards:
A.
Maximum Size. 2,500 square feet. Additional floor area requires
approval of a Conditional Use Permit.
B.
Setbacks. No building or structure shall be located within
20 feet of an interior lot line abutting a residential district or
use.
C.
Landscaping. Landscaping shall comprise a minimum 10 percent of the site area, exclusive of required setbacks. All landscaped areas shall be permanently maintained in compliance with Section 20.300.008 (“Landscaping”).
D.
Litter. One permanent, non-flammable trash receptacle shall
be installed in the parking area adjacent to the entrance/exit.
E.
Alcoholic Beverage Sales. Convenience markets which sell alcoholic
beverages are also subject to the following standards:
1.
Location—Minimum Distances Required.
a.
From a Residential District Boundary. Convenience
markets that sell alcoholic beverages shall be located at least 500
feet from any residential district boundary, unless part of a shopping
center with at least 50,000 square feet of floor area.
b.
From Specified Public Uses. Convenience markets
that sell alcoholic beverages shall be located at least 500 feet from
any Community Assembly Facility, Cultural Institution, Day Care Center,
Public Park and Recreation Facility, or Public or Private School.
c.
From Other Retail Sales that Sell Alcoholic Beverages for
Off-Site Consumption. A convenience market that sells alcoholic
beverages shall be located at least 1,000 feet from any other retail
establishment selling alcoholic beverages for off-site consumption
unless there is a finding of public convenience or necessity pursuant
to State law.
2.
Hours of Operation. Convenience markets
that sell alcoholic beverages may only be operated between 9:00 a.m.
and 9:00 p.m., seven days per week. Additional hours may be allowed
subject to the approval of a Minor Use Permit.
(Ord. 1646 § 2, 2022)
Adult and child day care centers other than family day care
homes shall be located, developed and operated in compliance with
the following standards:
A.
License. The operator shall secure and maintain a license
from the State of California Department of Social Services.
B.
Hours of Operation. Day care centers shall operate only between
the hours of 6:00 a.m. to 8:00 p.m., Monday through Friday. Additional
hours may be allowed subject to the approval of a Minor Use Permit.
C.
Noise. Outdoor activities shall not occur before 8:00 a.m.,
when the site is located within or adjacent to a residential district
or a residential use. Day care centers shall comply with the requirements
of the City’s noise ordinance limits.
D.
Pick-up/Drop-off Plan. A plan and schedule for the pick-up
and drop-off of children or clients shall be provided for review and
approval by the Chief Planner. The plan shall demonstrate that adequate
parking and loading are provided on-site to minimize congestion and
conflict points on travel aisles and public streets. The plan shall
also demonstrate that increased traffic will not cause traffic levels
to exceed those levels customary in residential neighborhoods except
for higher traffic levels during the morning and evening commute.
The plan shall include an agreement for each parent or client to sign
which includes, at minimum:
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Domestic violence shelters shall be located, developed, and
operated in compliance with the following standards:
A.
Maximum Occupancy. No more than 30 adult residents, not including
staff, shall be allowed at one time, if such shelter is located on
a lot or parcel of land of less than two acres.
B.
Off-Street Parking. The number of required parking spaces, plus adequate access thereto, shall be determined by the Chief Planner for each shelter, in an amount adequate to prevent excessive on-street parking, and with such factors as the number of adult beds to be provided by the shelter, the anticipated number of employees on the largest shift, and the distance from the closest transit stop taken into consideration. In no case shall the number of required spaces be less than the number of such spaces required for a group residential facility specified by Chapter 20.330 ("On-Site Parking and Loading").
C.
Land Use Compatibility. The land uses and developments in
the immediate vicinity of the shelter shall not constitute an immediate
or potential hazard to occupants of the shelter.
D.
Usable Open Space. Minimum 20 square feet per resident.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Drive-through facilities shall be located, developed and operated
in compliance with the following standards:
A.
Permit Required. A Conditional Use Permit is required for
all drive-through facilities.
B.
Traffic Study Required. A traffic study is required for all
proposed drive-through facilities.
C.
Maximum Number per Shopping Center. A maximum of one drive-through
facility shall be permitted per shopping center.
D.
Drive-Through Aisles. Drive-through aisles shall be designed
to allow safe, unimpeded movement of vehicles at street access points
and within the travel aisles and parking space areas.
1.
Drive aisles are prohibited between the building and street unless
no alternative exists.
2.
A minimum 15-foot interior radius at curves and a minimum 12-foot
width is required.
3.
Each drive-through entrance and exit shall be at least 100 feet from
an intersection of public rights-of-way, measured at the closest intersecting
curbs, and at least 25 feet from the nearest curb cut on an adjacent
property.
4.
Each entrance to an aisle and the direction of flow shall be clearly
designated by signs and/or pavement markings or raised curbs outside
of the public right-of-way.
E.
Landscaping. Each drive-through aisle shall be screened with
a combination of decorative walls and landscape to a height of 20
inches to prevent headlight glare and direct visibility of vehicles
from adjacent streets and parking lots.
F.
Pedestrian Walkways. Pedestrian walkways shall not intersect
drive-through aisles, unless no alternative exists. In such cases,
pedestrian walkways shall have clear visibility, emphasized by enhanced
paving or markings.
(Ord. 1646 § 2, 2022)
Emergency shelters shall be located, developed, and operated
in compliance with the following standards:
A.
Number of Residents. The number of adult residents, not including
staff, who may be housed on a lot that is smaller than one acre shall
not exceed the number of persons that may be accommodated in any hospital,
convalescent home, residential, transient occupancy, or similar facility
allowed in the same district.
B.
Limitation On Time of Occupancy. Occupancy by an individual
or family may not exceed 180 consecutive days unless the management
plan provides for longer residency by those enrolled and regularly
participating in a training or rehabilitation program.
C.
Outdoor Activities. All functions associated with the shelter,
except for children’s play areas, outdoor recreation areas,
parking, and outdoor waiting must take place within the building proposed
to house the shelter. Outdoor waiting for clients, if any, may not
be in the public right-of-way, must be physically separated from the
public right-of-way, and must be large enough to accommodate the expected
number of clients.
D.
Hours of Operation. To limit outdoor waiting, the facility
must be open for at least eight hours every day between 7:00 a.m.
and 7:00 p.m.
E.
Supervision. On-site supervision must be provided at all times.
F.
Toilets. At least one toilet must be provided for every 15
shelter beds.
G.
Management Plan. The operator of the shelter must submit a
management plan for approval by the Chief Planner. The Plan must address
issues identified by the Chief Planner, including transportation,
client supervision, security, client services, staffing, and good
neighbor issues.
(Ord. 1646 § 2, 2022)
Family day care homes (including small and large facilities)
shall be located, developed, and operated in compliance with the applicable
requirements of State law and shall comply with all applicable requirements
of the underlying residential zoning district where the day care home
is located. Family day care homes shall also comply with all requirements
of this Code applicable to single-unit dwelling in their respective
zoning districts, including the requirements of the City’s noise
ordinance limits.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A.
Fleet-based services shall provide adequate parking, loading, queuing,
and circulation areas on site and shall not have a detrimental impact
on the circulation or on-street parking in the surrounding area.
B.
Parking Management and Monitoring Study. A Parking Management
and Monitoring Study shall be submitted for review and approval by
the Chief Planner and City Engineer which demonstrates compliance
with the above criteria. The study shall, at minimum, include the
following:
1.
Description of the type of vehicles used and service provided.
2.
Size and number of fleet vehicles.
3.
Hours of operation and number of work shifts.
4.
Trip generation.
5.
Threshold for TDM required per Chapter 20.400 ("Transportation Demand Management") and demonstration of required compliance.
6.
Loading and unloading procedures.
7.
Circulation plan.
8.
Other information as required by the City.
C.
No unattended fleet vehicles shall be parked on a lot or in the public
right-of-way within a residential district.
D.
The legal resident of a dwelling unit may operate a fleet-based dispatch
service as a home occupation so long as no fleet vehicles are parked
on the residential property, in the vicinity of the subject dwelling
unit, or in the public right-of-way.
E.
Property used for storing fleet vehicles shall be located, developed and operated in compliance with the standards applicable to Automobile/Vehicle Sales and Leasing in Section 20.350.008 ("Automobile/Vehicle Sales and Leasing").
(Ord. 1656, 6/12/2024)
A.
Freight/truck
terminals and warehouses, and parcel hubs shall provide adequate parking,
loading, queuing, and circulation areas on-site and shall not have
a detrimental impact on the circulation or on-street parking in the
surrounding area.
B.
Parking Management and Monitoring Study. A Parking Management
and Monitoring Study shall be submitted for review and approval by
the Chief Planner and City Engineer which demonstrates compliance
with the above criteria. The study shall, at minimum, include the
following:
1.
Description of the type of freight to be distributed.
2.
Size of trucks and shipping containers.
3.
Number and schedule of deliveries.
4.
Trip generation.
5.
Threshold for TDM required per Chapter 20.400 ("Transportation Demand Management") and demonstration of required compliance.
6.
Amount and duration of storage.
7.
Loading and unloading procedures.
8.
Circulation plan.
9.
Radius of delivery map.
10.
Demonstration of compliance with Climate Action Plan requirements.
11.
Other information as required by the City.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Gated residential communities are prohibited within the City of South San Francisco. Existing, nonconforming communities are subject to the requirements of Chapter 20.320 ("Nonconforming Uses, Structures, and Lots").
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Group residential facilities shall be located, developed and
operated in compliance with the following standards:
A.
Location. Minimum distance from any other group residential
facility shall be 300 feet.
B.
Screening. A minimum six-foot-high solid wall or fence shall
be provided for purposes of securing outdoor recreational areas and
screening the site. Chain metal fencing and barbed wire are prohibited.
C.
Usable Open Space. At least 20 square feet of usable open
space shall be provided for each person who resides in the facility.
D.
Licensing. Group residential facilities that provide permanent
living accommodations and 24-hour primarily nonmedical care of persons
in need of personal services, supervision, or assistance essential
for sustaining the activities of daily living or for the protection
of the individual shall be licensed and certified by the State of
California and shall be operated according to all applicable State
and local regulations.
E.
No Drug or Alcohol Use. Residents and staff shall sign an
agreement affirming that use of drugs or alcohol on the premises is
prohibited and acknowledging that drug or alcohol use will result
in termination or eviction.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A resident of a dwelling unit may conduct a home occupation
that is incidental to the residential use of the structure and within
the habitable area of the dwelling in compliance with the following
standards:
A.
The
home occupation may not occupy more than 450 square feet.
B.
The
home occupation must be located in the principal dwelling, attached
garage and/or detached accessory buildings. An attached or detached
garage may be used for storage or workspace as long as one garage
parking space is maintained at all times for the dwelling and as long
as the required on-site parking spaces are provided.
C.
No
person not residing on the premises may be employed, either for pay
or as an independent contractor or a volunteer, at the site of the
home occupation.
D.
No
sign or advertising shall be published or displayed on the premises,
unless required by State law. If applicable, the applicant shall provide
the necessary evidence that identification is required by State law.
E.
Sale
of goods on the premises shall be limited to the products of the home
occupations, and no other merchandise or goods shall be sold, kept
or displayed for the purposes of sale on the premises. Mail order
of products of home occupations are permitted.
F.
The
home occupation shall not attract or generate excessive auto or foot
traffic, require additional off-street parking spaces, or involve
the use of commercial vehicles for delivery of materials or supplies
to or from the premises in excess of that which is customary for a
dwelling unit.
G.
No
tractor-trailer or similar heavy-duty delivery or pickup, no other
vehicle of more than three-quarter ton capacity, and no limousine
or other vehicle for hire used in connection with the home-based business
shall be kept on the site or parked in the public right-of-way in
the vicinity of the site.
H.
Any
trailer, wheeled equipment, or any vehicle displaying or advertising
the home occupation shall not be visible from off the premises.
I.
No
customer or client visits are permitted except for instructional services
for not more than two students at a time.
J.
No
stock in trade, inventory, or display of goods or materials shall
be kept on the premises except for incidental storage that is confined
to the dwelling or an accessory building.
K.
No
dwelling shall be built, altered, finished, or decorated externally
for the purposes of conducting the home occupation in such a manner
as to change the residential character and appearance of the dwelling,
or in such a manner as to cause the structure to be reasonably recognized
as a place where a home occupation is conducted.
L.
No
equipment or process shall be used which creates noise, vibration,
glare, fumes, odor, or electrical interference detectable to the normal
senses off the lot if the occupation is conducted in a single-unit
detached residence, or outside the dwelling unit if conducted in other
than a single-unit detached residence.
M.
The
home occupation shall not involve the use of power equipment on the
premises using motors exceeding one horsepower combined capacity.
N.
No
equipment or process shall be used which creates visual or audible
electrical interference in any radio or television receiver off the
premises, or causes fluctuations in line voltage off the premises.
There shall be no storage or use of toxic or hazardous materials other
than the types and quantities customarily found in connection with
a dwelling unit.
O.
If
any home occupation becomes dangerous or unsafe; presents a safety
hazard to the public, pedestrians on public sidewalks, or motorists
on a public right-of-way; or presents a safety hazard to adjacent
or nearby properties, residents, or business, the Chief Planner shall
issue an order to the dwelling owner and/or tenant on the property
on which the home occupation is being undertaken, directing that the
home occupation immediately be made safe or be terminated.
P.
The
property owner and/or tenant shall take the necessary corrective steps
or measures but, in the event of a failure to do so by the owner and/or
tenant, after notice and a reasonable period of time, the City may
initiate any enforcement action available under this Ordinance or
Municipal Code to render the home occupation and dwelling safe.
Q.
Costs
incurred by the City to take enforcement actions, shall be borne by
the property owner and shall be treated as a zoning violation.
R.
The
following uses are not permitted as a home occupation:
1.
Adult -oriented business;
2.
Ambulance service;
3.
Automotive repair, painting, body/fender work, upholstering, detailing,
washing, including motorcycles, trucks, trailers and boats;
4.
Beautician or barber services on-site for more than one client at
a time;
5.
Commercial food preparation, food handling, processing or packing,
other than specialized cooking or baking;
6.
Firearms manufacture, sales, or repair;
7.
Furniture refinishing or upholstery;
8.
Gymnastic facilities;
9.
Repair, reconditioning, servicing or manufacture of any internal
combustion or diesel engine or of any motor vehicle, including automobiles,
trucks, motorcycles, or boats;
10.
Repair, fix-it or plumbing shops;
11.
Medical services except as a secondary office that does not involve
patient visits as an adjunct to a principal office located elsewhere;
12.
Restaurant;
13.
Retail sales;
14.
Spa retreat center;
15.
Tattoo studio;
16.
Tow truck service;
17.
Veterinary services and other uses that entail the harboring, training,
care, breeding, raising or grooming of dogs, cats, birds, or other
domestic animals on the premises, except those that are owned by the
resident or otherwise permitted by this article;
18.
Welding or machine shop; and
19.
Yoga or exercise studio for more than two clients at a time.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Hotels and motels shall provide adequate parking, loading, queuing,
and circulation areas on-site and shall not have a detrimental impact
on the circulation or on-street parking in the surrounding area.
A.
Parking Management and Monitoring Study. A Parking Management and Monitoring Study per Section 20.330.004(E) ("Parking Management and Monitoring Study") shall be submitted for review and approval by the Chief Planner and City Engineer which demonstrates compliance with the above criteria.
B.
Automobile Rental Facilities in Hotels. Automobile rental
agencies located in hotels are accessory uses. Automobile rental agencies
that include the storing of vehicles on the hotel site are subject
to the following criteria:
1.
The use is intended to serve hotel guests;
2.
The rental facility point of sale must be in the City of South San
Francisco;
3.
Adequate parking is available, as determined by a Parking Management
and Monitoring Study approved by the Planning Commission;
4.
No preparation, maintenance or cleaning of rental vehicles occurs
on site; and
5.
No more than 10 vehicles are stored on the hotel site.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Large format retail establishments with 80,000 square feet of
floor area or more must comply with the following standards:
A.
Surety Bond. As a condition of approval for a large format
retail establishment, the applicant shall be required to post a cash
or surety bond in a form and amount acceptable to the City Manager
to cover the cost of complete building demolition and maintenance
of the vacant building site if the primary building is ever vacated
or abandoned, and remains vacant or abandoned for a period of more
than 12 consecutive months following primary business closure.
B.
Vacated Facility. If the facility is vacated, the owner or
operator, within 12 months, shall submit, to the Planning Commission,
a plan contemplating the removal or reuse the facility. If the owner
or operator is unable to provide a plan which is acceptable to the
Planning Commission, the City may utilize the surety bond to take
whatever action is permitted by law to assure appropriate demolition,
redevelopment, or reuse of the facility.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A.
Applicability. The provisions of this section apply to the
design, development, and operation of live-work units, including new
live-work units, conversions of existing residential and non-residential
buildings to live-work buildings, and any change of use or occupancy
in a live-work unit.
B.
Establishment.
1.
Live-work units may be established through the conversion of existing
commercial and industrial buildings or by new construction.
2.
The work activity must be permitted by-right in the zone where the
use is proposed.
3.
No work activity shall be permitted that contains those uses which
the review authority finds would, by virtue of size, intensity, hours
of operation, number of employees or the nature of the operation,
have the potential to adversely affect others living or working in
or nearby the live-work development by reason of dust, glare, heat,
noise, noxious gases, odor, smoke, traffic, vibration or other impacts,
or would be hazardous by way of materials, process, product or wastes.
Such uses include, but are not limited to, automobile/vehicle sales
and services, bars/night clubs/lounges, adult-oriented businesses,
animal sales and services, liquor stores, funeral parlors and mortuaries,
outdoor storage as a primary use, and unenclosed kitchens.
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Uses that may, depending on how they are operated, have the
potential to generate impacts or would constitute a change in occupancy
under the Building Code shall not be approved unless the review authority
finds that as proposed to be conducted, or as modified by conditions
of approval, they would not conflict with or adversely affect others
living or working in or nearby the live-work development.
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C.
Design of Live-Work Units.
1.
Floor Area. Each live-work unit shall
include at least 1,000 square feet of gross floor area.
2.
Improvements. Live-work units shall
be designed to accommodate commercial or industrial uses as evidenced
by the provision of ventilation, interior storage, flooring, and other
physical improvements of the type commonly found in exclusively commercial
or industrial facilities used for the same work activity.
3.
Separation Required. In a multi-unit
live-work building, each live-work unit shall be separated from other
live-work units or other uses in the building. Access to each live-work
unit shall be provided from common access areas, common halls or corridors,
or directly from the exterior of the building.
4.
Mixed Occupancies. If a building contains
mixed occupancies of live-work units and other non-residential uses,
occupancies other than live-work shall meet all applicable requirements
for those uses, and proper occupancy separations shall be provided
between the live-work units and other occupancies, as determined by
the Chief Building Official.
5.
Parking and Loading.
a.
Required Parking. Parking requirements are established in Chapter 20.330 (“On-Site Parking and Loading”).
b.
Required Loading. Each live-work unit
shall have at least one off-street loading area for every 50,000 gross
square feet of space occupied by live-work units. No additional loading
areas are required if the loading requirements for industrial or commercial
occupants of a live/work building exceed the loading requirements
for the live-work use.
c.
Requirements for parking and parking spaces may be waived or modified
through a Minor Use Permit if the Review authority finds that:
i.
The proposed parking will be adequate to meet the demand created
by the project given the character of the proposed uses; and
ii.
A waiver or modification of parking requirements will not, under
the circumstances of the particular project, either conflict with
nor adversely affect commercial or industrial uses or residential
districts in the area where the project is proposed.
D.
Business License Required. At least one occupant of each live-work
unit shall maintain a current City of South San Francisco business
license for a business located in that unit.
E.
Nonresident Employees. Up to two persons who do not reside
in the live-work unit may work in the unit. The employment of three
or more persons who do not reside in the live-work unit may be permitted
subject to a Conditional Use Permit based on additional findings that
such employment will not adversely affect traffic, parking, or other
conditions in the area where the live-work unit is located.
F.
On-Premises Sales. On-premises sales of goods is limited to
those produced within the live-work unit. Sales of goods produced
within the live-work unit shall be incidental to the primary work
use in any building used exclusively for live-work occupancy. These
provisions shall permit participation in occasional open studio programs
and gallery shows.
G.
Notice to Occupants Required. The owner or developer of any
building containing live-work units shall provide written notice to
all live-work occupants and users that the surrounding area may be
subject to levels of noise, dust, fumes, or other effects associated
with commercial and industrial uses at higher levels than would be
expected in residential areas. State and federal health regulations
notwithstanding, noise and other standards shall be those applicable
to commercial or industrial properties in the district where the project
is located. For purposes of noise control, live-work units shall be
classified as commercial property.
H.
No Separate Sale or Rental of Portions of Unit. No portion
of a live-work unit may be separately rented or sold as a commercial
space for a person or persons not living in the premises or as a residential
space for a person or persons not working in the same unit.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Massage businesses, including massage businesses conducted as accessory uses, are subject to the requirements in Chapter 10.16 ("Regulation of Massage Businesses") of the South San Francisco Municipal Code, and the following standards:
A.
Exceptions. The provisions of this subsection do not apply
to the following classes of individuals or businesses while engaged
in the performance of their duties:
1.
Physicians, surgeons, chiropractors, osteopaths, nurses or any physical
therapists who are duly licensed to practice their respective professions
in the State of California and persons working directly under the
supervision of such licensed persons;
2.
Barbers and beauticians who are duly licensed under the laws of the
State of California while engaging in practices within the scope of
their licenses;
3.
Hospitals, nursing homes, sanitariums, or any other similar health
facilities duly licensed by the State of California;
4.
Accredited high schools, junior colleges, medical schools, schools
of chiropractic, and colleges or universities whose coaches, trainers,
or medical or chiropractic students are acting within the scope of
their employment or instruction;
5.
Trainers of amateur, semi-professional or professional athletes or
athletic teams while engaging in their training responsibilities for
and with athletes; and trainers working in conjunction with a specific
athletic event;
6.
Massage practitioners who perform massages which are clearly incidental
to the operation of a personal fitness training center, gymnasium,
athletic facility or health club, when the giving of massage for compensation
is not a principal function of such businesses. In determining whether
massage constitutes a principal or incidental function of personal
fitness training centers, gymnasiums, athletic facilities or health
clubs, the Police Chief shall consider the percent of income derived
from massages, the amount of floor space devoted to and the number
of employees assigned to massage services, as well as the manner in
which the business advertises and holds itself out to the public;
7.
Individuals administering massages or health treatment involving
massage to persons participating in single-occurrence athletic, recreational
or festival events, such as health fairs, road races, track meets,
triathlons and other similar events; provided, that all of the following
conditions are satisfied:
a.
The massage services are made equally available to all participants
in the event;
b.
The event is open to participation by the general public or a significant
segment of the public such as employees of sponsoring or participating
corporations;
c.
The massage services are provided at the site of the event and either
during, immediately preceding or immediately following the event;
d.
The sponsors of the event have been advised of and have approved
the provisions of massage services; and
e.
The persons providing the massage services are not the primary sponsors
of the event;
8.
Individuals providing out-call massage services.
B.
City Registration Certificates/Use Permit Required. All massage businesses are required to obtain either a Conditional Use Permit or a Minor Use Permit pursuant to Chapter 20.490 ("Use Permits") and a City registration certificate pursuant to Section 10.16.040 ("Massage business registration") of the South San Francisco Municipal Code.
C.
Location. No such business shall be established or located
within 500 feet from any other massage business.
D.
Hours. Massage shall be provided or given only between the
hours of 7:00 a.m. and 9:00 p.m. No massage business shall be open
and no massage shall be provided between 9:00 p.m. and 7:00 a.m. A
massage commenced prior to 9:00 p.m. shall nevertheless terminate
at 9:00 p.m., and all clients shall exit the premises at that time.
E.
Facility Requirements. Every massage business shall maintain
facilities meeting the following requirements:
1.
A list of the services available and the cost of such services shall
be posted in the reception area within the massage premises, and shall
be described in readily understandable language.
2.
A copy of the California Massage Therapy Council (CAMTC) certificate
of each and every massage practitioner employed in the business shall
be displayed in the reception area or similar open public place on
the premises. CAMTC certificates of former employees and/or contractors
shall be removed as soon as those massage practitioners are no longer
employed by or offering services through the massage business.
3.
Massage businesses shall at all times be equipped with an adequate
supply of clean sanitary towels, coverings, and linens. Clean towels,
coverings, and linens shall be stored in enclosed cabinets.
4.
Where the business has staff available to assure security for clients
and massage staff are behind closed doors, the entry to the reception
area of the massage business shall remain unlocked during business
hours when the business is open for business or when clients are present.
5.
No massage business located in a building or structure with exterior
windows fronting a public street, highway, walkway, or parking area
shall, during business hours, block visibility into the interior reception
and waiting area through the use of curtains, closed blinds, tints,
or any other material that obstructs, blurs, or unreasonably darkens
the view into the premises. For the purpose of this subsection, there
is an irrebuttable presumption that the visibility is impermissibly
blocked if more than 10 percent of the interior reception and waiting
area is not visible from the exterior window.
7.
Minimum lighting consisting of at least one artificial light of not
less than 40 watts shall be provided and shall be operating in each
room or enclosure where massage services are being performed on clients,
and in all areas where clients are present.
8.
Minimum ventilation shall be provided in accordance with the Uniform
Building Code and any other applicable regulations.
9.
Hot and cold running water shall be provided at all times.
10.
Adequate dressing, locker and toilet facilities shall be provided
for patrons.
11.
A minimum of one wash basin for employees shall be provided at all
times. The basin shall be located within or as close as practicable
to the area devoted to performing of massage services. Sanitary towels
shall also be provided at each basin.
12.
All massage businesses shall comply with all State and federal laws
and regulations for handicapped clients.
13.
Other than custodial or maintenance staff, no persons shall be permitted
within the premises of a massage business between the hours of 11:00
p.m. and 6:00 a.m.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Mobile home parks shall be located, developed, and operated
in compliance with the following standards:
A.
Maximum Density. The maximum density is as allowed by the
base zoning district in which the manufactured home park is located.
B.
Maximum Allowable Height. Maximum building or structural height
of any buildings appurtenant to mobile home or trailer courts or subdivisions
shall be 28 feet.
C.
Setback from Adjacent Streets. All manufactured home spaces
shall be set back a minimum of 20 feet from all public street rights-of-way
adjacent to the site, and the setback area shall be landscaped.
E.
Access. Access to internal private streets is required for
all manufactured home lots or spaces within the manufactured home
park. Direct access from a manufactured home lot or spaces to a public
street or alley is not permitted. All points of vehicular access to
and from public streets shall be approved by the City Engineer.
F.
Internal Streets. All private internal streets within the
mobile home or trailer park shall not be less than 30 feet in width
and shall be surfaced and maintained with not less than two inches
of plant mix placed on four inches of aggregate base or equivalent.
G.
Walkways. Walkways linking the manufactured homes with recreational
and other internal facilities and other manufactured homes shall be
provided.
H.
Walls and Screening. Exterior boundaries of a manufactured
home park must be screened with a six-foot high solid wall. Such walls
shall be composed of decorative block, concrete panels or similar
materials and include architectural relief through variations in height,
the use of architectural “caps,” columns, or similar measures.
All trash and garbage collection areas shall be surrounded on at least
three sides by a five foot block wall, and shall have adequate access
for collection vehicles.
I.
Common Open Space. Recreation, or common open spaces, shall
be provided for each mobile home park or subdivision. An area of at
least 300 square feet for each mobile home space must be provided.
This open space may be used in more than one location, but no location
shall contain less than 1,000 square feet in the aggregate. Each recreational
space shall be accessible to all of the mobile home spaces in the
park and shall not be used for any other purpose.
J.
Landscaping. Landscaping as prescribed in Section 20.300.008 (“Landscaping”) is required for all common open space areas, exterior front and street side yards, and common parking areas. A 15-foot landscaped buffer shall be provided along streets adjoining the park.
K.
Certification. All manufactured houses shall be certified
under the National Manufactured Home Construction and Safety Act of
1974.
L.
Compliance. Mobile home parks must comply with all applicable
federal and State regulations; the mobile home park regulations as
contained and from time to time amended in the California Code of
Regulations, Title 25, Division 1, Chapters 2 and 2.2 relating to
the maintenance, use and occupancy of mobile homes, seismic bracing,
and the construction and operation of mobile home parks; and all other
applicable State and local regulations.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Mobile vendor services that provide temporary personal and support
services to employees from a readily moveable unit shall be located
and operated in compliance with the following requirements and development
standards:
A.
Location. All activities must be conducted entirely on private
property and wholly within an approved vehicle.
B.
General Standards. All mobile vending operations must have
a South San Francisco Business License and must comply with all applicable
State and County health codes, including any required restroom agreement
letter.
C.
Alteration of Site Prohibited. Mobile vendor services shall
not permanently alter the character or physical facilities of the
property where they occur.
D.
Automobile/Vehicle Services. Automobile/vehicle services are
prohibited as mobile vendor services, except car washing which shall
be subject to a Minor Use Permit.
F.
Duration of Stay. Mobile vendor services shall not be on site
in the approved location for more than 16 consecutive hours, nor more
than twice during any given week. Upon request, the Chief Planner
may approve additional hours to accommodate special events of limited
duration.
G.
Vehicle Type. Mobile vendor services shall be limited to vans,
mobile homes, trailers, or similar contained vehicles.
H.
Procedures. Mobile vendor services that comply with all of the standards and requirements in subsections A through F may be approved by the Chief Planner subject to the requirements of Chapter 20.470 (“Site Clearance”) and a Business License. The Chief Planner may approve a Minor Use Permit to allow car washing or a mobile vendor service that does not comply with the standards and requirements in subsections E through G subject to the following:
1.
Automobile/Vehicle Services. Automobile/vehicle
services are prohibited as mobile vendor services except car washing
conducted in compliance with the California Regional Water Quality
Control Board San Francisco Bay Regional Municipal Regional Stormwater
NPDES Permit, the City of South San Francisco Source Control Measures,
and all other applicable stormwater control requirements.
2.
Other. Any reasonable conditions the Chief Planner deems necessary to ensure compliance with the purposes of the district and to make the findings required by Section 20.490.004 (“Required Findings”) based on the information contained in the application, public records, and/or recommendations from departmental staff.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Other financial services subject to this section, which includes
alternative loan businesses and pawnbrokers, shall be located, developed,
and operated in compliance with the following:
A.
Maximum Size. Limited to 2,500 square feet in size.
B.
Location. Other financial services shall be located on a major
arterial or higher classification street, and at least 1,000 feet
from any other financial services business.
C.
Queuing Area. Adequate queuing area shall be provided within
the building. Queuing on the sidewalk is prohibited.
D.
Security. A security plan shall be provided for review and
approval by the Chief Planner and the City of South San Francisco
Police Department. The plan shall provide for adequate security, including
a central station alarm system to the Police Department. Bars on the
windows, exterior phones and roll up doors are prohibited.
E.
Hours of Operation. The business shall not open prior to 7:00
a.m. or close for business after 7:00 p.m., daily. Any alteration
to these hours of operation may be granted with approval of a Conditional
Use Permit.
F.
Pawnbrokers. Pawnbrokers subject to this section shall be
located, developed, and operated in compliance with the following
standards:
1.
Customer Circulation and Display. The
business shall dedicate at least 25 percent of the gross floor area
to customer circulation and the display of goods for sale to the public.
The display of firearms is prohibited and any firearm sales shall
be an accessory use to the operation of the pawnbroker business.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Outdoor sales shall be located, developed, and operated in compliance
with the standards of this section.
A.
Temporary Outdoor Display and Sales. The temporary outdoor display and sale of merchandise shall comply with Chapter 20.340 (“Temporary Uses”).
B.
Produce Displays. The outdoor display of produce associated
with an existing Food and Beverage Retail Sales establishment on the
same site is allowed, subject to the following standards:
C.
Permanent Outdoor Display/Sales. The permanent outdoor display of merchandise requires approval of a Minor Use Permit in accordance with Chapter 20.490 (“Use Permits”), and shall comply with the following minimum standards:
1.
Location. Outdoor sales shall be located
entirely on private property outside any required setback, fire lane,
fire access way, or landscaped planter in zoning districts that do
not have required setbacks. A minimum setback of 15 feet from any
public right-of-way is required.
2.
Screening. All outdoor sales and activity areas shall be screened from adjacent public rights-of-way and residential districts by decorative solid walls, solid fences, or landscaped berms pursuant to Section 20.300.008 (“Landscaping”).
3.
Location of Merchandise. Displayed
merchandise shall occupy a fixed, specifically approved and defined
location that does not disrupt the normal function of the site or
its circulation and does not encroach upon parking spaces, driveways,
pedestrian walkways, or required landscaped areas. These displays
shall also not obstruct sight distances or otherwise create hazards
for vehicle or pedestrian traffic.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Eating and drinking establishments with outdoor seating areas
shall be located, developed, and operated in compliance with the following
standards:
A.
Size. Outdoor seating areas shall not exceed 50 percent of
the total building floor area occupied by the eating and drinking
establishment, or 300 square feet of outdoor seating area, whichever
is greater, unless approved with a Minor Use Permit.
B.
Minor Use Permit. A Minor Use Permit is required for outdoor
dining when the outdoor seating area:
1.
Abuts the property line of a residential district outside of the
Downtown/Caltrain Station Area Zoning District.
C.
Barriers. The use of barriers around the outdoor seating area
may be permitted, provided they are in a manner acceptable by the
City and the design is approved by the Chief Planner. Barriers must
be integrated into the design of the outdoor seating area and shall
not encroach into the adjacent travel lane or pedestrian path of travel.
D.
Hours of Operation. Hours of operation shall be limited to
the hours of operation of the associated eating and drinking establishment,
but in no case shall be permitted earlier than 7:00 a.m. or later
than 10:00 p.m.
E.
Refuse Storage Area. No structure or enclosure to accommodate
the storage of trash or garbage shall be erected or placed on, adjacent
to, or separate from an outdoor seating area on the public sidewalk
or right-of-way. Refuse areas shall be screened with a solid masonry
wall at least six feet in height.
F.
Permitted Locations. Outdoor seating areas within the public
right-of-way are allowed in commercial and mixed-use areas subject
to the requirements listed above and the following standards:
1.
Procedure. Any permit to allow dining
within the right-of-way is nontransferable and, unless revoked, shall
remain valid for one year from the date of issuance. In order to continue
operation of an outdoor dining area beyond the term of the permit,
the owner/operator shall submit a new application for an outdoor dining
area.
2.
Sidewalk Dining Areas. The following
standards shall be met for the establishment and maintenance of a
sidewalk dining area within the public right-of-way:
a.
An unobstructed sidewalk clearance of four feet shall be maintained
for pedestrians at all times from the edge of any table, chair, bench,
planter, or other appurtenances used as part of a sidewalk dining
area (see Figure 20.350.032.F.2).
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Figure 20.350.032.F.2: Sidewalk Dining Physical Requirements
 |
b.
Where the sidewalk dining area is located adjacent to the street,
and in addition to the requirements stated in subparagraph 1 above,
an 18-inch clearance shall be maintained from the face of the curb
to the sidewalk dining area unless there is parking parallel to the
street, in which case a two-foot clearance is required (see Figure
20.350.032.F.2).
c.
No sidewalk dining area shall obstruct any points of building ingress
and/or egress.
d.
On a corner lot, no sidewalk dining area shall be located within
the area bound by the extensions of the corner building walls between
the building and the curb.
e.
All sidewalk dining furniture and appurtenances shall be removed
at the close of each business day. No storage of materials on sidewalks
is allowed.
f.
No portion of a sidewalk dining area shall be permanently attached
to the sidewalk or building.
3.
Parking Lane Dining Areas. The following
standards shall be met for the establishment and maintenance of dining
areas within on-street parking lanes within the right-of-way.
a.
Dining areas in parking lanes are permitted only in the Downtown
within on-street parking lanes directly facing a property.
b.
Dining areas must be located on constructed dining platforms.
c.
Dining platforms shall not encroach into the adjacent travel lane
and shall be located a minimum of six inches from lines marking a
parking space.
d.
A dining platform shall not be closer than 25 feet from the intersection
of corner property lines or driveways.
e.
Dining platforms shall have a flush transition to the sidewalk to
avoid tripping hazards.
f.
Dining areas shall not include cords, wires or any elements between
the dining area and the building.
g.
Dining areas shall incorporate vertical elements that enhance visibility
from traffic, and the corners of the structure fencing shall be fitted
with reflectors.
h.
Platforms shall not interfere with utility access, bus zones, or
curbside drainage. Every platform shall meet accessibility standards
of the Americans with Disabilities Act Accessibility Guidelines.
i.
The sub-structure of the dining platform shall ensure a level surface
and a minimum of 12-inch drainage for the adequate passage and use
of the curb and storm drain.
j.
All parking lane dining furniture shall be removed or secured at
the close of each business day. No storage of materials on sidewalks
is allowed when outdoor dining space is not used.
k.
Traffic barricades: If establishing a dining area in the parking
lane for seating, retail, or other business activity, applicant must
install barricades between the parking area and the traffic lane or
any active parking. Barricades must be:
4.
Design Requirements.
a.
Any umbrella, heater, or similar feature used in a sidewalk dining
area shall be safely secured during use.
b.
The design and appearance of all proposed improvements or furniture,
including, but not limited to, tables, chairs, benches, umbrellas
and planters, to be placed in the sidewalk dining area shall present
a coordinated theme and be compatible with the appearance and design
of the building, as determined by the Chief Planner.
c.
The design of all improvements and furniture shall be of a quality
to sustain weather and wear, and shall be of a material other than
molded plastic.
d.
Planters and planter boxes, if used as temporary dividers, must be
planted and maintained with live plants.
e.
The establishment shall utilize the same utensils and dishes for
sidewalk dining as used for indoor dining areas to minimize the amount
of disposable service ware.
f.
No signs shall be permitted in a sidewalk dining area (including
sign copy on umbrellas) except as may be required by the City or Department
of Alcoholic Beverage Control (ABC) for reasons of public health or
safety.
g.
All entertainment use, operation, or playing of musical instruments, loudspeakers, sound amplifiers, or other machine for the production or reproduction of sound is subject to the standards of Chapter 20.340 (“Temporary Uses”).
h.
No electrical appliances, heating or cooking of food or open flames
shall be allowed in the outdoor dining area. Use of portable heating
devices may be permitted with approval from the Fire Chief.
i.
Overhead coverings of an outdoor dining area shall have a minimum
clear height of eight feet and a maximum overall height of 25 feet.
5.
Maintenance of Outdoor Dining Areas.
a.
The permittee and the property owner shall maintain the outdoor dining
area and the adjoining street, curb, gutter and sidewalk in a neat,
clean and orderly condition at all times, regardless of the source
of the refuse and litter. This shall include all tables, chairs, benches,
planters, or other appurtenances placed in the public right-of-way.
Provisions shall be made for trash receptacles to serve the sidewalk
dining area, subject to the approval of the Chief Planner.
b.
Activities involving the outdoor dining area shall be conducted in
a manner that does not interfere with pedestrians, parking or traffic.
c.
The permittee shall ensure that the outdoor dining area is limited
to business patrons.
d.
The permittee and the property owner shall be responsible for preventing
excessive noise to ensure minimal or no intrusion on surrounding merchants
and inhabitants.
e.
If necessary, the permittee or the property owner shall clean the
surface of the outdoor dining area by washing or buffing to remove
any stains, marks, or discoloration to the satisfaction of the Department
of Public Works and in accordance with prevailing storm water and
water quality regulations.
f.
Umbrellas, canopies, or other shade elements shall be kept clean
and in good condition, secure in windy conditions, and fire-treated.
6.
Special Standards for Outdoor Dining Areas with Alcoholic
Beverage Service.
a.
A Minor Use Permit shall be required for all outdoor dining areas
serving alcoholic beverages.
b.
Alcoholic beverages may only be served in outdoor dining areas which are established in conjunction with a full service restaurant as defined in Chapter 20.620 ("Use Classifications").
c.
Design of outdoor dining areas shall comply with the standards of
Section 20.350.032(F)(2) through (F)(4).
d.
All entrances/exits of the sidewalk dining area shall be posted with
signs stating that alcoholic beverages must be kept within the sidewalk
dining area at all times. In addition, small cards shall be placed
on each table giving notice that removal of alcoholic beverages from
the sidewalk dining area is not allowed.
e.
The capacity of the sidewalk dining area shall be limited to the
number of seats approved in the Sidewalk Dining Permit or Parking
Lane Dining Area Permit.
f.
Provisions for the storage and/or preparation of alcoholic beverages
shall not be permitted in the sidewalk dining area.
g.
Alcoholic beverages shall be served with glasses. Transportation
by patrons of any alcoholic beverage beyond the sidewalk dining area
or the interior of the restaurant shall be a violation of the proprietor’s
Sidewalk Dining Permit or Parking Lane Dining Area Permit. Empty beverage
containers shall be removed from the outdoor dining area as soon as
possible.
h.
A license shall be obtained from the Department of Alcoholic Beverage
Control (ABC) prior to the operation of an outdoor dining area serving
alcoholic beverages and shall be maintained continuously as long as
alcoholic beverages are served in the sidewalk dining area. Loss of
such license shall automatically constitute termination of the City
permit to serve alcoholic beverages in the outdoor dining area.
7.
Indemnification/Insurance. The permittee
shall defend, indemnify and hold harmless the City and its officers
and employees from and against all claims, losses, damage, injury
and liability for damages arising from the permittee’s use of
the public right-of-way. The permittee shall provide to the City,
in a form and in amounts acceptable to the City Attorney, certificates
of insurance substantiating the existence of a general liability policy
covering the area subject to the permit.
8.
Temporary Suspension of Permit. The
Director of Public Works shall have the right to suspend or prohibit
the operation of an outdoor dining area at any time because of anticipated
or actual problems or conflicts in the use of the sidewalk area. Such
problems or conflicts may arise from, but are not limited to, scheduled
festivals, parades, marches and similar special events; repairs to
the street, sidewalk or other public facility; or from demonstrations
or emergencies occurring in the area. To the extent possible, the
City will give prior written notice of any time period during which
the operation of the outdoor dining area must be suspended.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Outdoor storage shall be located, developed and operated in
compliance with the following standards.
A.
Applicability. Open storage of goods, materials, machines,
equipment, and vehicles or parts outside of a building for more than
72 hours must conform to the standards of this section. The regulations
of this section do not apply to temporary storage of construction
materials reasonably required for construction work on the premises
pursuant to a valid Building Permit.
B.
Permitted Locations. The table below states the districts
where outdoor storage is permitted and prohibited.
|
Table 20.350.033: Outdoor Storage Regulations by District and
Location
| |
|---|---|
|
Base Districts
|
Permissibility of Open Storage
|
|
Residential Districts
|
Not permitted. (All storage must be within an enclosed building.)
|
|
Downtown Residential Districts and Downtown/Caltrain Station
Area Districts
|
Outdoor storage permitted as an accessory use outside of required
yards, parking and circulation areas, and required landscaped areas
with Minor Use Permit approval and subject to the standards of this
section.
|
|
Non-Residential Districts
|
Permitted as an accessory use outside of required yards, parking
and circulation areas, and required landscaped areas subject to the
standards of this section.
|
|
Civic Districts
|
Not permitted. (All storage must be within an enclosed building.)
|
|
Lindenville Specific Plan Districts
|
Permitted in T3ML district as an accessory use outside of required
yards, parking and circulation areas, and required landscaped areas
subject to the standards of this section.
|
C.
Fencing and Screening. Outdoor storage areas shall be screened
so as not to be visible from any public street or highway; residential
or downtown district; or publicly accessible open space area, parking
area, access driveway, or similar thoroughfare.
1.
All screening walls and fences visible from any public street or
highway; residential or downtown district; or publicly accessible
open space area, parking area, access driveway, or similar thoroughfare
shall be architecturally compatible with the main structure on the
site and shall not have chain-link fencing, barbed wire or razor wire.
2.
Screening walls and fences shall not exceed maximum fence heights
in required yards, and in other areas shall not exceed 10 feet in
height. A screening wall or fence up to 15 feet in height may be allowed
outside of required setback areas with Minor Use Permit approval.
3.
All fences and walls, excluding masonry and approved permanent-finish
panels, shall be painted a uniform, neutral color, excluding black,
which blends with the surrounding terrain, and improvements shall
be maintained in a neat, orderly condition at all times.
4.
Exemptions. The following uses are
exempt from the fencing and screening requirement:
5.
Modification. The Chief Planner may
modify the standards for fencing and screening for outdoor storage
areas not open to view from any public street or highway, or any area
in a residential, downtown, commercial, or form-based zoning district:
a.
Where adjoining property is located in a non-residential district
and is developed with another outside storage use; or
b.
Where fences, walls or buildings are located adjacent to lot lines
on surrounding property which serve to enclose such yard as well as
or better than the wall or fence required by this section; or
c.
Should the use, fence, wall or building providing justification for
such modification be removed, such wall or fence shall be provided
in compliance with this section within six months from the date of
such removal.
D.
Landscaping Requirements.
1.
All required fencing and screening which are open to view from any
street or highway, or any area in a residential, downtown or commercial
district, shall be provided with at least one square foot of landscaping
for each linear foot of such frontage, and this landscaping shall
meet the following standards:
a.
Landscaping shall be distributed along said frontage in accordance
with the site plan approved by the Chief Planner.
b.
No planting area shall have a horizontal dimension of less than three
feet.
c.
Landscaping shall be maintained in a neat, clean and healthful condition,
including proper pruning, weeding, and removal of litter, fertilizing
and replacement of plants when necessary.
d.
A permanent watering system shall be provided which irrigates all
planted areas. Where the watering system consists of hose bibs alone,
these bibs shall be located not more than 50 feet apart within the
required landscaped area. Sprinklers used to satisfy the requirements
of this provision shall be spaced to assure complete coverage of the
required landscape area.
2.
The Chief Planner may approve alternative methods of providing landscaping
where the criteria provided herein would cause unnecessary hardship
or constitute an unreasonable requirement and an alternative plan
will, in his or her opinion, provide as well or better for landscaping
within the intent of this provision.
E.
Surfacing. Outdoor storage areas shall be surfaced with a
minimum thickness of two inches of Type A asphalt concrete over 95
percent relative compaction native soil, or a minimum thickness of
six inches of Class B concrete. Such surfacing shall be permanently
maintained free of structural defects. A waiver or exception may be
granted to allow outdoor storage of non-hazardous materials on other
surfacing only if the following findings can be made:
F.
Storage Restrictions. All portions of outside storage and
display areas shall have adequate grading and drainage and shall be
continuously maintained, and all raw material, equipment or finished
products stored or displayed pursuant to the provisions of this section:
(Ord. 1646 § 2, 2022; Ord. 1649, 10/11/2023; Ord. 1656, 6/12/2024)
Personal services shall be located, developed, and operated
in compliance with the following standards:
A.
Hours of Operation. Hours of operation shall be limited to
7:00 a.m. to 10:30 p.m.
B.
Business License Required. All personal services establishments
shall maintain a current City of South San Francisco Business License.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Personal storage facilities shall be located, developed and
operated in compliance with the following standards.
A.
Business Activity. All personal storage facilities shall be
limited to storage only. No retail, repair, or other commercial use
shall be conducted out of the individual rental storage units. No
activities other than rental of storage units and pick-up and deposit
of storage shall be allowed on the premises. Examples of activities
prohibited in said facilities include, but are not limited to, the
following:
1.
Auctions, commercial wholesale or retail sales, or miscellaneous
garage sales. Excepting auctions required by law to comply with lien
sale requirements. During the course of said lien sales, customer
vehicles shall not be allowed to obstruct travelways within the self-service
storage facility.
2.
The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawn mowers, appliances, or other similar equipment.
3.
The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns, or other similar equipment.
4.
The establishment of a transfer and storage business.
5.
Any use that is noxious or offensive because of odors, dust, noise,
fumes, or vibrations.
B.
Notice to Tenants. As part of the rental process, the facility
manager shall inform all tenants of conditions restricting storage
of hazardous materials and limitation on the use of the storage units.
These restrictions shall be included in rental contracts and posted
at a conspicuous location within the front of each rental unit.
C.
Circulation. Driveway aisles shall be a minimum of 20 feet
wide.
D.
Screening. Where exterior walls are required or proposed,
they shall be constructed of decorative block, concrete panel, stucco,
or similar material. The walls shall include architectural relief
through variations in height, the use of architectural “caps,”
attractive posts, or similar measures. A gate(s) shall be decorative
iron or similar material. Chain link or wood is not appropriate.
E.
Fencing. A six-foot-high security fence shall be provided
around the perimeter of the development at locations where the solid
façades of the storage structures do not provide a perimeter
barrier.
F.
Open Storage. Open storage, outside an enclosed building,
shall be limited to vehicles and trailers and screened from public
view by building façades or solid fences.
G.
Outdoor Lighting. All outdoor lights shall be shielded to
direct light and glare only onto the personal storage premises and
may be of sufficient intensity to discourage vandalism and theft.
Said lighting and glare shall be deflected, shaded, and focused away
from all adjoining property.
H.
Signs. Outdoor advertising displays besides those for the
personal storage facility itself shall not be permitted on the premises.
I.
Fire Protection. One-hour rated construction fire walls shall
be provided to separate every 3,000 square feet within any personal
storage structure.
J.
Portable Storage Buildings. Movable storage buildings shall
be allowed if they are constructed to appear as conventional storage
buildings and adhere to all applicable Building and Fire Codes.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A.
Purpose. The purpose of these provisions is to promote recycling
in compliance with the requirements of the California Beverage Container
Recycling and Litter Reduction Act (Public Resources Code Section
14500 et seq.).
B.
Criteria and Standards. Those recycling facilities permitted
by right and design review approval shall meet all of the applicable
criteria and standards listed below. Those recycling facilities permitted
with a Conditional Use Permit shall meet the applicable criteria and
standards, provided that the Chief Planner, Planning Commission or
City Council, as the case may be, may relax such standards or impose
stricter standards as an exercise of discretion upon a finding that
such modifications are reasonably necessary in order to implement
the general intent of this section and the purposes of this Ordinance.
If the zoning district in which the facility is located has
a provision requiring all activities to be conducted completely within
an enclosed structure, recycling collection facilities are exempt
from that requirement.
1.
Reverse Vending Machines. Reverse vending
machines located within a commercial structure do not require discretionary
permits. Reverse vending machines must comply with the following standards:
a.
Shall be established in conjunction with a commercial use or community
service facility which is in compliance with the Zoning Ordinance
and Building and Fire Codes of the City;
b.
Shall be located within 30 feet of the entrance to the commercial
structure and shall not obstruct pedestrian or vehicular circulation;
c.
Shall not occupy parking spaces required by the primary use;
d.
Shall occupy no more than 50 square feet of ground or floor space
per installation, including any protective enclosure, and shall be
no more than eight feet in height;
e.
Shall be constructed and maintained with durable waterproof and rustproof
material;
f.
Shall be clearly marked to identify the type of material to be deposited,
operating instructions, and the identity and phone number of the operator
or responsible person to call if the machine is inoperative;
g.
Shall have a sign area of a maximum of four feet per machine, exclusive
of operating instructions;
h.
Shall be maintained in a clean, litter-free condition on a daily
basis;
i.
Shall have operating hours at least the equivalent of the operating
hours of the host use; and
j.
Shall be illuminated to ensure comfortable and safe operation if
operating hours are between dusk and dawn.
2.
Small Collection Facilities. Small
collection facilities shall meet all the following standards:
a.
Shall be established in conjunction with an existing commercial use
or community service facility which is in compliance with the Zoning
Ordinance, Building and Fire Codes of the City;
b.
Shall be no larger than 500 square feet and occupy no more than five
parking spaces not including space that will be periodically needed
for removal of materials or exchange of containers;
c.
Shall be set back at least 10 feet from any property line and shall
not obstruct pedestrian or vehicular circulation;
d.
Shall accept only glass, metals, plastic containers, papers and reusable
items. Used motor oil may be accepted with permission of the local
health official;
e.
Shall use no power-driven processing equipment except for reverse
vending machines;
f.
Shall use containers that are constructed and maintained with durable
waterproof and rustproof material, covered when site is not attended,
secured from unauthorized entry or removal of material and shall be
of a capacity sufficient to accommodate materials collected and collection
schedule;
g.
Shall store all recyclable material in containers or in the mobile
unit vehicle, and shall not leave materials outside of containers
when attendant is not present;
h.
Shall be maintained free of litter and any other undesirable materials,
and mobile facilities, at which truck or containers are removed at
the end of each collection day, shall be swept at the end of each
collection day;
i.
Shall not exceed noise levels of 60 dBa as measured at the property
line of a residential district or residential use, otherwise shall
not exceed 70 dBa;
j.
If the facility is located within 100 feet of a residential district
or residential use it shall operate only during the hours between
9:00 a.m. and 7:00 p.m.;
k.
Containers for the 24-hour donation of materials shall be at least
30 feet from any residential district or residential use unless there
is a recognized service corridor or acoustical shielding between the
containers and the residential use;
l.
Containers shall be clearly marked to identify the type of material
which may be deposited; the facility shall be clearly marked to identify
the name and telephone number of the facility operator and the hours
of operation, and display a notice stating that no material shall
be left outside the recycling enclosure or containers;
m.
Signs may be provided as follows:
i.
Recycling facilities may have identification signs with a maximum
of 20 percent per side or 16 square feet, whichever is larger, in
addition to informational signs required in subsection (B)(1)(f) above.
In the case of a wheeled facility, the side will be measured from
the pavement to the top of the container,
ii.
Signs must be consistent with the character of the location,
iii.
Traffic signs may be installed with the approval of the City
Engineer and Police Department if necessary to facilitate traffic
circulation, or if the facility is not visible from the public right-of-way;
n.
The facility shall not impair the landscaping required by local ordinances
for any concurrent use of this Ordinance or any permit issued pursuant
thereto;
o.
No additional parking spaces will be required for customers of a
small collection facility located at the established parking lot of
a host use. One space will be provided for the attendant, if needed;
p.
Mobile recycling units shall have an area clearly marked to prohibit
other vehicular parking during hours when the mobile unit is scheduled
to be present;
q.
Occupation of parking spaces by the facility and by the attendant
may not reduce available parking spaces below the minimum number required
for the primary host use unless all of the following conditions exist:
i.
The facility is located in a convenience zone or a potential convenience
zone as designated by the California Department of Conservation, and
ii.
A parking study shows that existing parking capacity is not fully
utilized during the time the recycling facility will be on the site,
and
iii.
The permit will be reconsidered at the end of 18 months;
r.
A reduction in available parking spaces in an established parking
facility may then be allowed as follows:
i.
For a Commercial Host Use. As shown in Table
20.350.036.
|
Table 20.350.036: Commercial Host Parking Reduction
| |
|---|---|
|
Number of Parking Spaces Available
|
Maximum Reduction
|
|
0 — 25
|
0
|
|
26 — 35
|
2
|
|
36 — 49
|
3
|
|
50 — 99
|
4
|
|
100+
|
5
|
ii.
For a Community Facility Host Use. A maximum
five spaces reduction may be allowed when not in conflict with parking
needs of the host use;
s.
If the permit expires without renewal, the collection facility shall
be removed from the site on the day following permit expiration.
3.
Large Collection Facilities. Large
collection facilities shall meet all the following standards:
a.
Facility shall not abut a property zoned or planned for residential
use;
b.
Facility shall be screened from the public right-of-way by operating
in an enclosed building, or:
i.
Within an area enclosed by an opaque fence at least six feet in height with landscaping as specified in Section 20.300.008 (“Landscaping”), and
ii.
At least 150 feet from property zoned or planned for residential
use;
c.
Setback requirements shall be those required in the zoning district
in which the facility is located;
d.
All exterior storage of material shall be in sturdy containers which
are covered, secured and maintained in good condition. Storage containers
for flammable material shall be constructed of nonflammable material
and approved by the Fire Department. Oil storage must be in containers
approved by the Fire Department and Health Official. No storage, excluding
truck trailers and overseas containers shall be visible above the
height of the fencing;
e.
Site shall be maintained free of litter and any other undesirable
materials, and shall be cleaned of loose debris on a daily basis;
f.
Space shall be provided on site for six vehicles or the anticipated
peak customer load, whichever is higher, to circulate and to deposit
recyclable materials, except where it is determined that allowing
overflow traffic above six vehicles is compatible with surrounding
businesses and public safety;
g.
One parking space shall be provided for each commercial vehicle operated
by the recycling facility;
h.
Noise levels shall not exceed 55 dBa as measured at the boundary
of a residential district, or otherwise shall not exceed 70 dBa;
i.
If the facility is located within 50 feet of a residential district
or property planned or occupied for residential use, it shall not
be in operation between 7:00 p.m. and 7:00 a.m.;
j.
Any containers provided for the donation of recyclable materials
after hours shall be at least 50 feet from any residential district
or residential use, shall be sturdy, rustproof construction, shall
have sufficient capacity to accommodate materials collected, and shall
be secure from unauthorized entry or removal of materials. Containers
shall be at least ten feet from any building;
k.
Donation areas shall be kept free of litter and any other undesirable
material. The containers shall be clearly marked to identify the type
of material that may be deposited. A notice stating that no material
shall be left outside the recycling containers must be displayed;
l.
Facility shall be clearly marked with the name and phone number of
the facility operator and the hours of operation; identification and
informational signs shall meet the standards of the district; and
traffic signs may be installed with the approval of the City Engineer
and Police Department, if necessary, to facilitate traffic circulation
or if the facility is not visible from the public right-of-way; and
m.
Power-driven processing, including aluminum foil and can compacting,
baling, plastic shredding, or other light processing activities necessary
for efficient temporary storage and shipment of material, may be approved
through the Minor Use Permit process if noise and other conditions
are met.
4.
Processing Facilities. A light processing
facility may be sited in an MI district with a Minor Use Permit, provided
the facility meets all the following standards:
a.
Facility shall not abut a residential district or residential use;
b.
Processors shall operate in a wholly enclosed building except for
incidental storage, or:
i.
Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped according to the provisions of Section 20.300.008 (“Landscaping”), and
ii.
Located at least 150 feet from a residential district or residential
use;
c.
Power-driven processing shall be permitted, provided all noise level
requirements are met. Light processing facilities are limited to baling,
briquetting, crushing, compacting, grinding, shredding and sorting
of source-separated recyclable materials and repairing of reusable
materials;
d.
A light processing facility shall be no larger than 45,000 square
feet and shall have no more than an average of two outbound truck
shipments of material per day and may not shred, compact or bale ferrous
metals other than food and beverage containers;
e.
A processing facility may accept used motor oil for recycling from
the generator in accordance with Section 25250.11 of the California
Health and Safety Code;
f.
Setback requirements shall be those required in the MI district;
g.
All exterior storage of material shall be in sturdy containers or
enclosures which are covered, secured and maintained in good condition.
Storage containers for flammable material shall be constructed of
nonflammable material. Oil storage must be in containers approved
by the Fire Department and Health Official. No storage excluding truck
trailers and overseas containers shall be visible above the height
of the fencing;
h.
Site shall be maintained free of litter and any other undesirable
materials, and shall be cleaned of loose debris on a daily basis and
will be secured from unauthorized entry and removal of materials when
attendants are not present;
i.
Space shall be provided on site for the anticipated peak load of
customers to circulate, park and deposit recyclable materials. If
the facility is open to the public, space will be provided for a minimum
of 10 customers except where it is determined that allowing overflow
traffic above six vehicles is compatible with surrounding businesses
and public safety;
j.
One parking space shall be provided for each commercial vehicle operated
by the processing center. Parking requirements will otherwise be as
mandated by the district in which the facility is located;
k.
Noise levels shall not exceed 60 dBa as measured at the property
line of residentially zoned or occupied property, or otherwise shall
not exceed 70 dBa;
l.
If the facility is located within 500 feet of a residential district
or residential use, it shall not be in operation between 7:00 p.m.
and 7:00 a.m. The facility will be administered by on-site personnel
during the hours the facility is open;
m.
Any containers provided for the donation of recyclable materials
after hours will be at least 50 feet from any residential district
or residential use; shall be of sturdy, rustproof construction; shall
have sufficient capacity to accommodate materials collected; and shall
be secure from unauthorized entry or removal of materials;
n.
Donation areas shall be kept free of litter and any other undesirable
material. The containers shall be clearly marked to identify the type
of material that may be deposited. A notice stating that no material
shall be left outside the recycling containers must be displayed;
o.
Sign requirements shall be those provided for the MI zoning district.
In addition, facility shall be clearly marked with the name and phone
number of the facility operator and the hours of operation; and
p.
No dust, fumes, smoke, vibration or odor above ambient level may
be detectable on neighboring properties.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
Short-term vacation rental uses shall be located, developed,
and operated in compliance with the following standards:
A.
Type of Residence. Must be located and operated in a single-unit dwelling and is not allowed in any accessory dwelling unit or junior accessory dwelling unit as defined under Chapter 20.620 ("Use Classifications") and Section 20.350.003 ("Accessory Dwelling Units").
B.
Number of Uses. Short-term vacation rental uses shall be permitted
in no more than one single-unit dwelling per lot.
C.
Permit Required and Duration of Permit. Any short-term vacation
rental must apply for a Short-Term Vacation Rental Permit on a form
approved by the Chief Planner. The Short-Term Vacation Rental Permit
for a short-term vacation rental permits a rental term of fewer than
30 consecutive days and, unless revoked, is valid for one year from
date of issuance. In order to continue operation of a short-term vacation
rental beyond the term of the permit, the owner/operator shall submit
a new application for a short-term vacation rental permit. Any permit
to operate a short-term vacation rental is non-transferable.
D.
Residency Requirements. Only permanent residents (owner or
tenant) of the dwelling unit are eligible to operate a short-term
vacation rental use.
F.
Limit on Duration. The aggregate number of days for transient
occupancy of a non-hosted short-term vacation rental is capped at
90 per term of the permit. There is no annual cap for hosted short-term
vacation rentals.
G.
Local Contact Information. The permit holder shall keep on
file with the City the name, telephone number, and email address of
a local contact person who shall be responsible for responding to
questions or concerns regarding the operation of a short-term vacation
rental. This information shall be posted in a conspicuous location
within the rental dwelling. The local contact person shall be available
24 hours a day to accept telephone calls and respond physically to
the short-term vacation rental within one hour when the unit is occupied.
H.
Noise. The short-term vacation rental use must comply with the adopted noise standards for the district in accordance with Section 8.32.030 (“Maximum Permissible Sound Levels”).
I.
Conduct. The permit holder must ensure that transient occupants
of the short-term vacation rental do not engage in disorderly conduct
or violate code provisions or State law.
J.
Safety. All short-term vacation rentals must comply with all
applicable building laws, including, but not limited to, providing
working smoke detectors, carbon monoxide detectors, contain working
heating, and otherwise satisfy all applicable requirements of the
California Building Standards Code.
K.
Health and Safety Information. Hosts shall provide local health
and safety information to renters, including locations of local hospitals
and clinics, and non-emergency police contact information.
L.
Commercial Activities. Any commercial use beyond a permitted short-term vacation rental is prohibited. No special event as defined by Chapter 6.48 (“Special Event Permits”) can be conducted as part of a short-term vacation rental.
M.
Advertising. All advertising (print or digital) for a short-term
vacation rental shall include the number of the permit granted for
the use.
N.
Business License. The permit holder shall obtain a City Business License in accordance with Chapter 6.12 ("Licensing Procedures").
O.
Applicable Taxes. The permit holder shall collect and remit all applicable City Taxes, including, but not limited to, Transient Occupancy Taxes and Conference Center Taxes in accordance with Chapter 4.20 (“Transient Occupancy Tax”), as required.
P.
Consistency with Other Agreements. A short-term vacation rental
use must be permitted by applicable HOA bylaws; Covenants, Conditions
and Restrictions (CC&Rs); and rental agreements.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
All social service facilities shall provide the following:
A.
Adequate
and accessible sanitary facilities, including lavatories, rest rooms
and refuse containers;
B.
Sufficient
patron seating facilities for waiting and/or dining, whether indoor
or outdoor;
C.
Effective
screening devices such as landscaping and masonry fences in conjunction
with outdoor activity areas;
D.
A
plan of operation, including, but not limited to, patron access requirements,
hours of operation, control of congregate activity, security measures,
litter control, and noise attenuation; and
E.
Evidence
of compliance with all Building and Fire Safety regulations and any
other measures determined by the Review Authority to be necessary
and appropriate to ensure compatibility of the proposed use or uses
with the surrounding area.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
A.
Purpose and Intent. It is the purpose and intent of this section
to regulate the operation of facilities that perform tattooing and
body modification to provide for the health, safety and welfare of
the public and ensure compliance with California Health and Safety
Code Section 119300 et seq.
B.
Location. Tattoo and body modification parlors shall be located
a minimum of 500 feet from any other such establishment, any public
park and any school for students in any grade from kindergarten through
12th grade.
C.
Registration Required. Any person who is engaged in the business
of tattooing or body modification shall provide evidence of registration
with the San Mateo County Department of Health.
D.
No Persons Under 18. A sign shall be posted on the door or
in view of the entrance stating that no person under the age of 18
is allowed on site, unless accompanied by his or her parent or documented
legal guardian. The operator of the establishment shall require all
customers to show proof of age.
(Ord. 1646 § 2, 2022; Ord. 1656, 6/12/2024)
