The regulations provided for in this article shall be subject
to the general provisions and exceptions set forth in this chapter.
(Prior code § 27-4.1; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A lot or parcel with a lot width, depth or area that does not
meet the minimum requirements of the zoning district in which it is
located shall be considered a building site if said lot or parcel
is shown on a subdivision map or parcel map recorded with the county
recorder prior to January 13, 1962 (effective date of previous zoning
ordinance); and further provided, said lot or parcel has not been,
since that date, in common ownership with contiguous property thereby
providing required lot width, depth or area for the zoning district.
(Prior code § 27-4.2; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Before a temporary use that is permitted by this section occurs,
a temporary use permit shall be obtained.
B.
The purpose of the temporary use permit is to allow the proper integration
into the community of uses that may be appropriate only in specific
locations in a zoning district, or appropriate only if such uses are
established or arranged on the site in a particular manner. Temporary
uses allowed are as follows:
1.
Sales of holiday trees and holiday accessories between November
1st and December 31st of each year;
2.
Sales of pumpkins during the month of October each year;
3.
Off-site storage yards, staging areas or parking facilities related to construction projects. Temporary parking areas shall comply with Section 12.100.040(K);
4.
Recurring uses that are similar to those uses listed as conditional
uses in this section, that occur within limited business hours, and
that occur more than three times per year at a frequency not to exceed
two times per week for up to one calendar year;
5.
Any use that the community development director finds is similar
in nature, function, or operation to the listed temporary uses, or
conditional or permitted uses allowed in the district.
C.
The community development director (which refers to the director
or designee throughout this section) or planning commission may approve,
deny, or conditionally approve an application for a temporary use
permit as further specified in this section.
D.
Community development director actions. The community development
director may grant temporary use permits for any temporary use lasting
for a period of three months or less.
1.
An application for a temporary use permit shall be made under this subsection and shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required, 12.78.010 (Planning application completeness and close out due to inactivity), and 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.
2.
Upon receipt of a complete application for a temporary use permit
under this subsection, the community development director shall approve,
deny, or conditionally approve the application within one month.
3.
At least ten days prior to approving a temporary use permit
under this subsection, the community development director shall ensure
that written notice of the proposed temporary use is: (a) posted in
at least three conspicuous places on utility poles on both sides of
the property frontage and across the street from the subject property;
and (b) is given through the United States mail, with postage prepaid
to all persons (including businesses, corporations, or other public
or private entities) owning real property adjacent to, which includes
across the street, of the exterior boundaries of the property for
which the application is being considered, and using addresses from
the latest equalized assessment roll, or alternatively, from other
records of the assessor or tax collector that, in the opinion of the
secretary of the assessor or tax collector, contain more recent addresses.
The notice shall specify the type and magnitude of the application
to be considered, the place where copies of the application may be
reviewed, the timing of approval, and a statement indicating the ability
of any interested party to submit comments to the community development
director.
4.
The community development director shall grant a temporary use permit under this subsection D only if the director makes the findings required by Section 12.112.050(B).
5.
The applicant or any other interested party may appeal the community
development director's action on a temporary use permit to the planning
commission. Appeals shall be made in writing, accompanied by any required
fee, and filed with the city clerk within ten days after the final
action of the community development director. The appeal shall clearly
state the facts of the case and the grounds for the appeal. Upon receipt
of the appeal, the community development director shall schedule the
appeal for a planning commission hearing within thirty days after
the filing of the appeal.
6.
The community development director may revoke a temporary use
permit granted pursuant to the provisions of this subsection if any
of the conditions or terms of such approval are violated or if any
law is violated in connection therewith. At least ten days prior to
revoking a temporary use permit under this subsection, the community
development director shall ensure that written notice of the proposed
revocation is given to the permittee, and is given through the United
States mail, with postage prepaid to all persons (including businesses,
corporations, or other public or private entities) owning real property
adjacent to the property for which the revocation is being considered,
and using addresses from the latest equalized assessment roll, or
alternatively, from other records of the assessor or tax collector
that, in the opinion of the secretary of the assessor or tax collector,
contain more recent addresses. A permittee or other interested party
may appeal a revocation decision to the planning commission, as provided
in subsection (D)(5) of this section.
E.
Planning commission actions. The planning commission may grant temporary
use permits for other temporary uses lasting longer than three months
but less than or equal to one year. The planning commission may grant
a temporary use permit for up to two years, in cases of a temporary
wireless communications facility or similar temporary facility, with
a single one-year extension if the applicant provides the commission
with satisfactory evidence that installation of the permanent facility
is proceeding in a timely manner.
1.
An application for a temporary use permit under this subsection E shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required), 12.78.010 (Planning application completeness and close out due to inactivity), and 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.
2.
Upon receipt of a complete application for a temporary use permit under this subsection E, the community development director shall schedule a public hearing before the planning commission within thirty days of receipt of the complete application, and the planning commission shall reach a decision on the application within thirty days of the public hearing.
3.
At least ten days prior to such hearing, the planning commission
shall ensure that written notice of the proposed temporary use is
posted in at least three conspicuous places on utility poles on both
sides of the property frontage and across the street from the subject
property. The posted notice shall specify the type and magnitude of
the application to be considered, the place where copies of the application
may be reviewed, the timing of approval, and a statement indicating
the ability of any interested party to submit comments to the community
development director. In addition, the planning commission shall ensure
that at least ten days prior to such hearing, written notice of the
proposed temporary use is given through the United States mail, with
postage prepaid and using addresses from the latest equalized assessment
roll, or alternatively, from other records of the assessor or tax
collector that, in the opinion of the secretary of the assessor or
tax collector, contain more recent addresses. This notice by mail
shall be sent to all persons (including businesses, corporations,
or other public or private entities) owning real property within three
hundred feet of the exterior boundaries of the property for which
the application is being considered.
4.
The planning commission shall grant a temporary use permit under this subsection only if it makes the findings required by Section 12.112.050(B).
5.
Appeals of decisions made under this subsection shall proceed in accordance with the procedures specified in Section 12.78.060.
6.
The planning commission may revoke a temporary use permit granted
pursuant to the provisions of this subsection if any of the conditions
or terms of such approval are violated or if any law is violated in
connection therewith. At least ten days prior to revoking a temporary
use permit under this subsection, the planning commission shall ensure
that written notice of the proposed revocation is given to the permittee
and is given through the United States mail, with postage prepaid
to all persons (including businesses, corporations, or other public
or private entities) owning real property adjacent to the exterior
boundaries of the property for which the revocation is being considered,
and using addresses from the latest equalized assessment roll, or
alternatively, from other records of the assessor or tax collector
that, in the opinion of the secretary of the assessor or tax collector,
contain more recent addresses.
F.
The community development director or planning commission may impose
such conditions on temporary use permits as deemed necessary to secure
the purposes of this section and to protect adjacent properties and
the public interest. The director or commission may impose such requirements
and conditions with respect to location, construction, maintenance,
operation, site planning, traffic control and time limits. The director
or commission may require tangible guarantees or evidence that such
conditions are being, or will be, complied with.
G.
The issuance of a permit under this section does not entitle a permittee
or any other person to a temporary use permit beyond the period of
time provided for in the temporary use permit, or to the issuance
of another temporary use permit in the future, even at the same location
or for the same use.
H.
It is unlawful and a violation of the provisions of this section
for any person to construct or modify any structure, or expand or
alter any approved uses, except in strict conformance with any use
permit issued.
(Prior code § 27-4.3; Ord. 1410 § 1, 1982; Ord. 1730 § 4, 2007; Ord. 1898 § 3, 2021; Ord. 1908 § 3, 2022; Ord. 1947, 4/9/2024)
A.
Adult businesses and massage establishments shall not be permitted
as home occupations.
B.
Such uses shall only be conditional uses in the C-N districts abutting El Camino Real, and the TOD-2 district, and shall be governed by provisions of Chapter 12.112 pertaining to use permits and require approval of the planning commission. Such uses shall be prohibited in other zoning districts. In districts where such uses are conditional uses, the applicable requirements set forth in the district regulations shall govern, except as provided in this section.
C.
Such uses shall be prohibited within five hundred feet of a residential
zoning district, another adult use, a school attended primarily by
minors, a Place of Worship, and a public park.
(Prior code § 27-4.4; Ord. 1410 § 1, 1982; Ord. 1781 § 1, 2009; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Cardrooms shall not be permitted as home occupations.
B.
Cardrooms shall be conditional uses in commercial districts abutting El Camino Real and San Mateo Avenue and shall be governed by provisions of Chapter 12.112 pertaining to use permits and require approval of the planning commission. Cardrooms shall be prohibited uses in other zoning districts. In districts where such uses are conditional uses, the applicable requirements set forth in the district regulations shall govern, except as provided in this section.
(Prior code § 27-4.5; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
No amusement game center, theater, circus, carnival, open air theater,
racetrack, private recreation center, or other similar establishment
involving large assemblages of people may be established in any district
unless and until a use permit is first secured for the establishment,
maintenance and operation of such use.
B.
No place of public amusement or place of public dance or entertainment,
as defined in Section 4.04.010 of this code, may be established in
any district unless and until a use permit is first secured for the
establishment, maintenance and operation of such use.
C.
No use permit shall be issued for any place of public amusement or
place of public dance or entertainment unless and until a license
therefor shall have first been issued pursuant to Title 4.
D.
Except for amusement game centers, as defined in Section 4.04.010 of this code, the uses described in subsections A and B of this section be permitted uses in P-D districts whose development plans provide that the predominant use of the district is retail commercial, subject to a P-D permit or modification, where the decision-making body finds that the proposed use would be compatible with retail commercial use in such district. Such uses shall be prohibited in other districts.
E.
No amusement game center may be established in any district unless
and until a use permit is first secured for the establishment, maintenance
and operation of such use.
F.
Amusement game centers shall be conditional uses in districts that
allow commercial uses. They shall be conditionally permitted in P-D
districts whose development plans provide that the predominant use
of the district is retail commercial, subject to a P-D permit or modification,
where the decision-making body finds that the proposed use would be
compatible with retail commercial use in such district.
G.
No amusement game center may be established, maintained or operated
within one thousand feet from the nearest street entrance to or exit
from any public playground or public or private school of elementary
or high school grades; nor within three hundred feet from any residential
zoning district. Said distance shall be measured from said entrance
or exit in the most direct line or route on, along, or across said
street or streets adjacent to said public playground or public or
private school of elementary or high school grade or residential zoning
district.
H.
No conditional use permit, or P-D permit or modification, shall be
issued for any amusement game center unless and until a license therefor
pursuant to Title 4 shall first have been issued.
I.
Every application for a conditional use permit, or P-D permit or
modification, for an amusement game center shall indicate the following
information:
1.
The proposed hours of operation;
2.
Any proposed restriction as to hours during which minors will
not be permitted on the premises so as not to conflict with school
attendance days;
3.
The proposed number of amusement games to be installed; the
general types of games; the maximum number of players who can play
each game at once;
4.
The type of private security service which will be provided
during hours of operation;
5.
The name of one or more responsible adults who will act as the
agent in charge of the premises during hours of operations.
J.
Every conditional use permit, or P-D permit or modification, for
an amusement game center shall contain specific conditions as to the
following:
1.
General restrictions on hours of operation;
2.
Special restrictions as to hours of the day during which minors
will not be permitted on the premises so as not to conflict with school
attendance days;
3.
The maximum number of amusement machines which will be installed
and maintained;
4.
Provision of adequate security service during hours of operation;
5.
Restriction of business operations open to the public to the
area commonly known as the street area;
6.
Designation of a responsible adult as agent in charge;
7.
Restriction against loaning of money or extension of credit
for the purpose of providing or encouraging play of amusement machines;
8.
A requirement that the operator of the center maintain a copy
of the conditions of the use permit on the premises;
9.
Authorization of revocation of the permit if the use becomes
a public nuisance to the adjacent neighborhood or a serious police
problem.
K.
In considering an application for a conditional use permit, or a
P-D permit or modification, for an amusement game center, the decision-making
body, shall take into account and make findings relative to the following
factors:
L.
Unless a license shall have been issued by the Department of Alcoholic
Beverage Control of the state for on-sale or off-sale of alcoholic
beverages on the premises of an amusement game center, no person shall
bring such beverages on the premises or consume such beverages thereat.
M.
Off-street parking requirements for amusement game centers shall be as specified in Section 12.100.090.
N.
An existing, legally established amusement game center may continue
in operation at the approved location. The following method of operation
shall be observed:
1.
No person under eighteen years of age shall be permitted within
the premises before three p.m. on weekdays designated as school attendance
days by the San Mateo Union High School District. The agent in charge
shall be responsible for enforcement of this provision.
2.
The number of amusement machines kept or maintained at such
center shall not be increased beyond the number kept or maintained
thereat on March 8, 1982, unless a conditional use permit, or P-D
permit or modification, is issued therefor, which allows additional
machines.
3.
The operator of the center has designated a responsible adult
as agent in charge, to be present during all business hours. The name
of such person shall be conspicuously posted at or near the main cashier
area.
4.
No money shall be loaned or credit extended for the purpose
of providing or encouraging game play.
O.
The keeping, maintenance, or use of not more than three amusement
machines is an accessory use in business establishments in districts
that allow commercial uses and in P-D districts whose development
plans provide that the predominant use of the district is retail commercial.
The operations of such machines by persons under eighteen years of
age shall be prohibited prior to three p.m. on any weekday designated
as a school attendance day by the San Mateo Union High School District.
P.
The keeping, maintenance, or use of not more than three amusement
machines is an accessory use in a residential district, provided that
such machines are used solely for the amusement of the occupants of
the dwelling and their guests, and not for commercial purposes or
for the purpose of receiving income.
(Prior code § 27-4.6; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Any person may apply to the chief of police, as specified in Title
4 of this code, for a permit to hold a public dance or public entertainment
event lasting three days or less for up to three such dances or events
in a single year.
B.
Where such person has received permits for three dances or events in any single year, or where such person intends to hold a public dance or event on a permanent basis, a temporary use permit or use permit must first be obtained in accordance with the provisions of Section 12.84.030 or Chapter 12.112. These requirements shall not be applicable to the following:
1.
Any dance or entertainment event held by a business establishment
which is licensed by the Alcoholic Beverage Control Board of the state
where dancing or live entertainment is incidental to the other activities
of the business;
2.
Any dance or entertainment event conducted directly by the public
schools, or by the recognized student body organizations thereof,
where such dance is conducted on school premises;
3.
Any dance or live entertainment event conducted directly by
the department of community services of the city; or
4.
Any dance or live entertainment event conducted in a place of
public dance or entertainment licensed as such pursuant to this code.
(Prior code § 27-4.7; Ord. 1410 § 1, 1982; Ord. 1730 § 4, 2007; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
School district or other public agency buildings which have hereto
been used for school or other public purposes which are situated on
one or more contiguous lots entirely surrounded, abutted, or adjoined
by residential and/or open space zones may be used for the following:
B.
Not subject to a use permit: Library extension and adult education,
special education classes, school administration office, park and
recreation office, senior citizen services, nursery school, child
day care center;
C.
Subject to a use permit: Recreational, educational and cultural facilities,
public utility facilities (excluding corporation or repair yards and
warehouses); offices; storage completely within a building or incidental
or accessory to another allowed use; and uses which in the opinion
of the decision-making body are similar to those listed permitted
and conditional uses.
D.
Notwithstanding any other provision of this code, all other existing
school district or other public agency buildings which have heretofore
been used for school or other public purposes may have permitted uses
not exceeding the highest intensity zone of any surrounding, abutting,
or adjoining property; provided that:
1.
The governing body of the respective school district or other
public agency find and determine that the property, or any portion
thereof, is not immediately needed for a public purpose;
E.
Upon transfer or sale of the subject school or public agency property,
any permitted uses under this section shall terminate.
(Prior code § 27-4.8; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Utility Transmission Facilities. Utility transmission facilities shall be allowed in all districts. No such facilities shall be constructed unless and until the route thereof shall have been submitted to the planning commission for review at a public hearing as to which notice is given pursuant to Chapter 12.132.
B.
Utility Distribution Facilities. Utility distribution facilities,
including, but not limited to, electric, communications and cable
television, shall be allowed in all districts. The height thereof
shall be limited to fifty feet or three stories, whichever is more
restrictive, except where necessary to allow compliance with clearance
requirements for utility lines and structures.
When an underground utility district is formed, or when required
by the subdivision ordinance, utility distribution facilities within
such district or subdivision, or within the public street right-of-way
adjacent to such subdivision, shall be placed underground, including
appurtenant equipment, transformers, terminal boxes, meter cabinets,
and ducts. The decision-making body shall have the discretion to require
existing facilities to be placed underground in connection with approval
or architectural review permits, conditional use permits, planned
unit permits, minor modifications, variances, P-D zoning, and approval
of P-D district development plans.
Facilities not placed underground shall be screened from view
by the developer or property owner in a manner which will enable the
utility to have access to the facilities for reading or maintenance.
Screening materials shall consist of landscaped shrubbery or fencing.
C.
New Structures. No building permit shall be issued for the construction
of a new structure unless the property owner shall have executed a
covenant running with the land, and enforceable by the city, whereby
the owner waives the right to protest the inclusion of the property
within an underground utility district.
Where compliance with this subsection would cause undue hardship, the community development director may, upon application of the owner, permit other arrangements for electric or communication service; provided, that facilities for future underground service are installed in the building. The action of the director can be appealed to the city manager as set forth in Chapter 12.78.
D.
Location of Substations, Pumping Stations and Similar Facilities.
Public utility substations, pumping stations, equipment buildings
and similar facilities may be located in any district, subject to
obtaining a use permit, which shall be approved if it is found that
the facility is designed in a manner compatible with the neighborhood
wherein it is proposed to be located.
E.
Utility Meters. Public utility meters, in all districts, shall be
enclosed or screened from view from any public area or adjacent buildings.
Meters shall be screened in a manner which will enable the utility
to have access to the meter for reading or maintenance.
(Prior code § 27-4.9; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Swimming pools and hot tubs in any district shall be constructed
at least fifty feet from the front lot line. Such pool or tub may
not be located closer than five feet from any rear lot line or side
lot line. On the street side of any corner lot where the rear of the
lot abuts the side lot line, no pool or tub shall be located closer
than ten feet to such lot line.
B.
Pumps, filter, and heating systems for such pools and tubs shall
not be located within ten feet of any dwelling other than that located
on the lot where the swimming pool or tub is proposed to be located.
C.
All swimming pools and hot tubs or the portion of the yard in which
said pool or tub is located shall be completely enclosed by a fence
at least six feet in height and all gates shall be self-closing and
self-latching.
(Prior code § 27-4.10; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
To encourage the use of solar energy systems, said systems shall
be permitted to the extent that they conform to the regulations for
structures contained in this article. Where said systems would not
conform to the regulations of the district within which they would
be located, they shall be subject to an architectural review permit,
which shall be approved, provided the noncompliance with district
regulations is the minimum necessary to provide the solar system,
and the establishment and use of the system would pose no threat to
the public health and safety. Reasonable restrictions or conditions
may be imposed, provided they do not significantly increase the cost
of the system or significantly decrease its efficiency.
(Prior code § 27-4.11; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Equipment designed to receive satellite television signals shall
be permitted in all districts, subject to obtaining a building permit.
B.
Such equipment shall not be placed on the roofs of structures in
residential districts and may be placed on the roofs of commercial
structures only if said roof is constructed to be capable of supporting
such equipment.
C.
Such equipment shall be set back at least ten feet from any property
line.
(Prior code § 27-4.12; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Criteria. The following criteria shall be determinative of a valid
home occupation:
1.
It shall not unreasonably generate pedestrian or vehicular traffic
beyond that normal to the zone in which it is located.
2.
It shall not involve the use of commercial vehicles for the
delivery of materials to or from the premises (vehicles not over three-fourths-ton
carrying capacity excepted). No vehicle over three-fourths-ton carrying
capacity shall be used for home occupation purposes.
3.
It shall not involve the use of signs other than the minimum
required by law.
4.
It shall not involve more than two hundred square feet or ten
percent, whichever is greater, of the dwelling floor area whether
the home occupation use is conducted within the dwelling or in an
accessory building or a combination of both.
5.
Stock-in-trade may be used or kept within a home or occupation
permitted area, provided the stock-in-trade is sold off the premises.
6.
In no way shall the appearance of the structure or premises
be so altered, or the conduct of the occupation within the structure
or premises be such, that the nature of the premises may be reasonably
recognized as serving a nonresidential use (either by color, materials,
construction, lighting, signs, noises or vibrations, etc.).
7.
No mechanical or electrical equipment is used or stored which
causes undue noise or electrical interference.
8.
A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or is an accessory building. A home occupation not proposed in an enclosed building shall require approval by the community development director, after noticing is provided as described in Chapter 12.132, except the notice shall only be to property owners that directly abut the subject site. The community development director may authorize a home occupation in other than an enclosed building upon the determination that the home occupation will not significantly impact neighboring properties.
9.
A home occupation may be conducted in a garage provided the
home occupation does not unreasonably conflict with the required parking
for such residential structure.
10.
The home occupation shall not involve the employment of help
other than resident members of the family within the residence. No
provision of this section shall be deemed to prohibit service occupations
carried on off the premises, nor to prohibit the employment of persons
off the premises. Where special conditions exist and are disclosed
on the application, the community development director may modify
this requirement.
B.
Home Occupation Permits. No person shall commence or carry on any home occupation, as set forth above, within the city without first having procured a permit from the community development director. The community development director shall issue a permit when the applicant shows that the home occupation meets all the requirements of subsection A of this section. Every home occupation shall fully comply with all city, county and state codes, ordinances, rules and regulations.
C.
Permit Applications: Form and Content. Applications for home occupations permits, as set forth in subsection B of this section, shall be filed, in writing, with the community development director, by the person who intends commencing or carrying on a home occupation. The applications shall be upon forms furnished by and in the manner prescribed by the community development director. Where the applicant is not the owner of the lot on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent. Such written consent shall be annually renewed.
D.
Permit Not Transferable. No home occupation permit issued pursuant to the provisions of subsection B of this section shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.
F.
Suspension, Revocation and Appeals. Any home occupation permit issued pursuant to the provisions of subsection B of this section may be suspended or revoked by the community development director when it appears that the home occupation authorized by the permit has been or is being conducted:
1.
In violation of the conditions of approval of any city, county
and/or state code, ordinance, rule or regulation, including the provisions
of this section; or
2.
In a disorderly manner; or
3.
To the detriment of the general public; or
4.
When the home occupation being carried on is different from that for which the permit was issued, the permit may be revoked or suspended. Any home occupation permit which has been issued shall not be revoked or suspended unless a hearing shall first have been held by the community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least seven days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit; such notice to the person to be notified at the address appearing on the permit. Any person aggrieved by the action of the community development director may appeal to the planning commission as set forth in Chapter 12.78.
G.
Inspection Fees. An inspection fee shall be paid upon the filing
of an application for a home occupation permit.
H.
Business License Required. Every home occupation permittee shall
obtain a business license. A deposit toward the required business
license shall be paid at the time of filing an application for a home
occupation permit. The deposit shall be refunded in the event the
home occupation application is denied.
(Prior code § 27-4.13; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
For the purpose of this chapter, the following definitions shall
apply:
1.
"Accessory structure" means a subordinate structure not intended for habitation (excepting approved accessory dwelling units) and detached from but located on the same lot as the primary structure. The use of an accessory structure is incidental to that of the primary structure. Excluded from this definition are trash enclosures, storage sheds, equipment structures, decks and planter boxes with a maximum height of forty-two inches, and similar small structures. (San Bruno Municipal Code Section 12.80.012).
C.
Unless so attached, an accessory structure in a residential district:
1.
Shall be located at least six feet from any dwelling building
existing or under construction on the same lot. Such detached accessory
structure shall not be located within five feet of any alley or within
one foot of side or rear line of the lot or, in the case of a corner
lot, to project beyond the front setback required on any adjacent
key lot;
2.
Shall have a maximum overall height no greater than fourteen
feet and the top of the exterior wall height shall not exceed nine
feet;
3.
Shall be set back at least one foot from the side or rear line
of the lot and at least five feet from any alley or, in the case of
a corner lot, shall not project beyond the front setback required
on any adjacent key lot;
4.
Shall be located at least six feet from any dwelling building
existing or under construction on the same lot;
5.
Shall be located on the rear half of the lot except for detached
garages, which shall meet the minimum driveway length of twenty feet;
6.
The maximum lot coverage of any and all accessory structure
on a lot shall not exceed fifty percent of the required rear yard
and at no time shall exceed the lot coverage requirements of the applicable
zoning district; and
7.
Shall not be used for living, sleeping, cooking or similar situation unless said building has been specifically authorized by the city for such use as a dwelling. Accessory dwelling units and junior accessory dwelling units shall be subject to separate requirements as stated in Chapter 12.90 of the San Bruno Municipal Code and exempt from the provisions as set forth in this chapter.
D.
The maximum height of an accessory structure shall be measured per Section 12.80.246. If an accessory building is to be constructed on top of an improved foundation, the height of the structure shall include the improved foundation as part of the maximum allowable height. The height of the accessory building may be measured from the top of the improved foundation with community development director approval.
E.
An accessory structure in a residential zoning district shall require
a building permit and planning division approval of a site plan unless:
1.
There is only one accessory structure on a lot;
2.
The structure is less than one hundred twenty square feet in
area;
3.
The structure meets all applicable height and setback standards
of this chapter; and
4.
The structure meets building code requirements and does not
contain any electrical, mechanical or plumbing service.
(Prior code § 27-4.14; Ord. 1410 § 1, 1982; Ord. 1743 § 1, 2007; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
No fence, hedge, wall or screen planting of any kind for residential
properties shall:
1.
Be constructed or grown to exceed six feet in height (unless
otherwise permitted by law) within any required side yard to the rear
of the required front yard of any dwelling or within any required
rear yard. An additional two feet of lattice may be placed on the
top of a fence or wall, so that the total height of the structure
does not exceed eight feet.
2.
Exceed three feet in height within the required front yard of
any dwelling; and
3.
Be situated within twenty-five feet of the street corner of
a corner lot, unless otherwise approved by the community development
director. The community development director may allow a fence to
be situated within twenty-five feet of the corner if it is determined
that the fence would not create a solid visual barrier and would not
create a safety hazard within the immediate area. In no case shall
a fence, hedge, wall or screen planting exceed three feet in height
when situated within twenty-five feet of street corner or a corner
lot.
B.
The maximum height of a fence, wall, hedge or screen planting shall
be measured from the existing grade. If a fence, wall, hedge or screen
planting is to be constructed on top of a retaining wall, the height
of the fence may be measured from the top of the retaining wall with
community development director approval.
(Prior code § 27-4.15; Ord. 1410 § 1, 1982; Ord. 1722 § 1, 2006; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
Flagpoles, monuments, radio antennae, windmills and similar structures may be permitted to exceed the height limits for the district in which they are located up to fifty feet or three stories, whichever is the more restrictive, provided an architectural review permit is first obtained, as set forth in Chapter 12.108. This limitation on the height of a radio communication antennae shall not apply to recognized members of the city of San Bruno emergency service organizations; however, in no case, may the height of said antennae exceed fifty feet above the adjoining grade level.
(Prior code § 27-4.16; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
Architectural features, such as cornices, eaves, and canopies, shall
not be constructed closer than three feet from any side lot line nor
project more than six feet into any required front or rear yard.
B.
Open porches, decks, landings and outside stairways exceeding one
foot above existing grade may project not closer than three feet from
any side lot line and not exceeding six feet into any required front
or rear yard.
(Prior code § 27-4.17; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1946, 2/13/2024Ord. 1947, 4/9/2024; )
The following performance standards will be applicable to each
project unless the approval authority determines that one or more
of said standards is inapplicable due to the nature or circumstances
of the project. In such a case, the approval authority may waive such
standard. Violation or failure to comply with any such standards shall
constitute a violation of this article.
A.
Architectural.
1.
All mechanical equipment, including gas meters and transformers,
shall be screened from public view. Screening materials shall consist
of landscaped shrubbery or fencing.
2.
The color of all material used for rain gutters, flashing, and
similar purposes shall be consistent with that of immediately surrounding
building materials.
3.
All trash dumpsters shall be screened from public view.
4.
Where required by law, plans for new structures shall be subject
to review by the City/County Association of Governments of San Mateo
County (C/CAG) Airport Land Use Commission. Said structures shall
be required to conform to all applicable standards, conditions, and
specifications of said commission prior to the issuance of any city
permit, unless overridden by City Council.
5.
Plans for new industrial and commercial structures will be subject
to review by the police department for security provisions.
6.
All special conditions of approval imposed by the decision-making
bodies on appeal shall be complied with prior to the issuance of any
permit by the city, unless specifically provided otherwise in such
condition.
7.
Each street address shall be delineated on the building or dwelling
unit with numbers of adequate size as determined by the fire marshal
of the city.
8.
All exterior changes to a single-family or two-family residence
requiring a building permit shall be consistent with the basic design
principles of the residential design guidelines, as adopted by the
city council and amended from time to time.
B.
Landscape.
1.
2.
A minimum of six inches of concrete curb shall be installed
around all landscape areas adjacent to paved driveway and parking
surfaces.
3.
The applicant and property owner shall execute an agreement
for maintenance of landscaping with the city prior to the issuance
of any city permit.
4.
There shall be continuous (solid) ground cover in all landscape
areas.
5.
An irrigation system shall be provided for all landscape areas.
C.
Bond.
1.
When a new use of a lot to be undertaken in a new building or
structure has been approved, and there exist one or more uses on such
lot whose removal is contemplated due to such approval, the applicant
shall file with the community development director, prior to issuance
of the building permit for the new building or structure, a faithful
performance bond executed by a corporate surety authorized to do business
in California, guaranteeing removal of existing building or structure
within sixty days of completion of the new building or structure.
The amount of said bond shall be approved by the community development
director as to sufficiency to accomplish the removal. Said bond shall
be approved as to form by the city attorney.
2.
Prior to authorization of the temporary occupancy of any new
building or structure before its completion, the completion of landscaping
or required off street parking on the site, or the completion of any
physical development of the site constituting a component of project
approval, the applicant shall file with the community development
director a faithful performance bond executed by a corporate surety
authorized to do business in California, guaranteeing completion of
the existing building or structure within sixty days of the completion
of the new building or structure. The amount of said bond shall be
approved by the community development director as to its sufficiency
to guarantee completion of the required work. Said bond shall be approved
by the city attorney.
D.
Recycling Provisions.
1.
Regulations Applying to Recycling Plan Requirement for Single-Family
and Two-Family Residential Developments.
a.
Applicants for new construction or for addition to existing
single-family or two-family units shall designate on the floor plans
an interior space of three cubic feet per dwelling unit for the purposes
of storing recyclable materials. Such space shall be located with
reasonable accessibility to the exterior for convenient transportation
of the recyclables for curbside pick-up. Designated interior storage
space for recyclables shall not intrude into required space for off-street
parking.
b.
Such designated collection and storage areas shall provide separate
bins for recyclable glass, metal cans, and newsprint, as well as the
garbage container (thirty-gallon/sixty-gallon/ninety-gallon) for commingled
non-recyclable solid waste, with all such containers being provided
by the garbage company.
2.
Regulations Applying to Recycling Plan Requirement for Multifamily
Residential Developments.
a.
Developers/owners of new multiple-family residential developments,
or developers of existing multiple-family residential developments
who propose substantial additions, shall designate on the floor plans
an interior space equivalent to three cubic feet per dwelling unit
for the purposes of storing recyclable materials. Such interior storage
space may be located on each floor of a building or in sections of
the building, but in all cases shall be located within reasonable
access of each unit within the development.
b.
The developer/owner of the property shall provide a common collection
and storage area for the pick-up and removal of recyclables from the
complex, and shall designate such collection area on a site plan.
Such common collection and storage area shall be constructed in such
a manner so as to prevent litter, shall not occupy or intrude into
any required off-street parking space, shall be placed in locations
to accommodate vehicles collecting materials without damaging the
buildings or pavement, shall be located to minimize negative impacts
on the residents, and shall be constructed to be architecturally compatible
with the residential structure(s), or shall be screened or landscaped
to blend in with the residential development.
c.
Such designated collection and storage areas shall provide separate
bins for recyclable glass, metal cans, and newsprint, as well as the
garbage container (thirty-gallon/sixty-gallon/ninety-gallon) for commingled
nonrecyclable solid waste.
3.
Regulations Applying to Recycling Plan Requirement for Nonresidential
Developments.
a.
Developers/owners of new nonresidential developments, or developers/owners
of existing nonresidential developments who propose any addition,
remodeling, change of use or ownership shall provide a collection
and storage area for the pick-up and removal of recyclables from the
development, and shall designate such collection area on a site plan.
In the case of tenants sharing a common development, such storage
and collection facility may be designed to accommodate the needs of
the entire complex. Such common collection and storage area shall
be constructed in such a manner so as to prevent litter, shall not
occupy or intrude into any required off-street parking space, shall
be placed in locations to accommodate vehicles collecting materials
without damaging buildings or pavement, shall be located to minimize
negative impacts on any adjacent residents, and shall be constructed
to be architecturally compatible with the building(s), or shall be
screened or landscaped to blend in with the development.
b.
Such designated collection and storage areas shall be designed
to accommodate the specific waste generation characteristics, including
recyclable materials and commingled nonrecyclable solid waste, of
the nonresidential development according to a recycling plan provided
by the developer/owner and subject to the approval of the director
of planning and building.
c.
Each recycling plan required above shall contain the following
elements:
|
System Planning
| |
|
i.
|
Identification of materials to be recycled;
|
|
ii.
|
Method of transport from interior work stations to final collection
area;
|
|
iii.
|
Collection frequency of recycling service provider;
|
|
iv.
|
Information policy for tenants/occupants; and
|
|
v.
|
Point of contact/recycling project coordinator.
|
|
Space Planning
| |
|
i.
|
Floor plan designating work stations, as applicable;
|
|
ii.
|
Floor plan designating temporary internal collection areas,
as applicable;
|
|
iii.
|
Site plan designating final exterior collection area.
|
|
Space Allocation
| |
|
i.
|
Amounts in cubic yards of materials that will be generated;
|
|
ii.
|
Amount of storage area required for each designated material
to be recycled in addition to commingled nonrecyclable solid waste.
|
4.
Additional Conditions, Waiver or Amendment of Standards. The
decision-making body of a permit required by the San Bruno zoning
ordinance may impose additional standards, conditions or requirements
to secure additional recycling, or to waive or amend the existing
performance standards for recycling.
(Prior code § 27-4.18; Ord. 1410 § 1, 1982; Ord. 1524 § 1, 1991; Ord. 1784 § 2, 2010; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
No use for which a business license is required shall be commenced
in any district unless and until the community development director
shall have issued a certificate of use compliance, indicating that
either:
1.
The proposed use is a permitted use in the district; or
2.
The director has made a finding that the proposed use is similar
in nature, function, or operation to one or more uses specifically
permitted in this article; or
3.
The use is a conditional use, and a conditional use permit has
been granted and is effective for this use.
B.
An application for a certificate of conformance shall be filed by
the proposed user with the community development director. Where the
user is not the owner of the property, the application shall contain
the written consent of the property owner or his or her authorized
agent. The application shall be accompanied by a fee in an amount
established by resolution of the city council. The application shall
indicate the following information:
1.
The name and address of the owner;
2.
The name and address of the tenant, occupant, or lessee;
3.
The street address and county assessor's parcel number of the
lot on which the proposed business is to be conducted;
4.
The specific nature of such business, with sufficient detail
to enable the director to make one of the findings set forth in this
section;
5.
The proposed hours of the day and days of the week when the
business will be open to the public.
|
If the decision-making body has made a finding or has granted
a conditional use permit with respect to such use, the application
shall indicate the date and nature of the action taken.
|
C.
The community development director shall issue the applicant a certificate
of use conformance for the proposed use, indicating that such use
conforms to the use regulations of the zoning ordinance at the proposed
location, if the director determines that either:
1.
The proposed use is a permitted use in the district; or
2.
The decision-making body has made a finding that the proposed
use is similar in nature, function, or operation to one or more uses
specifically permitted in this article; or
3.
The use is a conditional use, and a conditional use permit has
been granted and is effective for the use.
D.
If a business within the district involves the storage of goods,
wares, or merchandise on the premises, and the hours during which
the business is open to the public is, on a regular basis, less than
one-half of the number of hours per week indicated in the application
for the certificate of use conformance, or substantially less than
the normal and customary number of hours per week that a business
of the same nature is open to the public, such fact shall constitute
evidence that the business is, in fact, primarily a storage facility
or is a warehouse.
(Prior code § 27-4.19; Ord. 1410 § 1, 1982; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A.
No application for a retail license for the on-site sale and consumption of alcoholic beverages shall be approved by the city of San Bruno without first securing a use permit under Section 12.112 of the San Bruno zoning ordinance, except as exempted within the municipal code for restaurants with incidental sales as set forth in Section 12.80.408, private clubs and lodges, and special events (public and private).
B.
The decision-making body shall not approve a use permit for a drinking
place or other applicable land use with alcoholic beverage sales unless
the activity or use conforms to all of the following performance standards:
1.
The activity or use does not jeopardize, endanger or result
in adverse effects to the health, peace or safety of persons residing
or working in the surrounding area;
2.
The activity or use does not result in repeated nuisance activities
or police interventions within the premises or in close proximity
of the premises, including, but not limited to, criminal activities,
disturbance of the peace, illegal drug activity, public drunkenness,
drinking in public, harassment of passersby, gambling, prostitution,
sale of stolen goods, public urination, theft, assaults, batteries,
acts of vandalism, excessive littering, loitering, graffiti, illegal
parking, excessive loud noises, especially in the late night or early
morning hours, traffic violations, curfew violations, lewd conduct,
or police detentions and arrests;
3.
The activity or use does not result in violations to any applicable
provision of any other city, state, or federal regulation, ordinance
or statute;
4.
The upkeep and operating characteristics of the activity or
use are compatible with and will not adversely affect the livability
or appropriate development of abutting properties and the surrounding
neighborhood;
5.
The applicant for a liquor license receives a Letter of Public Convenience or Necessity, as set forth in Section 12.84.215, for an application which would tend to create a law enforcement problem, or if issuance would result in or add to an "Undue Concentration" of licenses, required due to either of the following conditions:
a.
The applicant premises are located in a crime reporting district
that has a twenty percent greater number of reported crimes in a geographical
area within the boundaries of the city than the average number of
reported crimes as determined from all crime reporting districts within
the jurisdiction of the San Bruno police department that are identified
by the department in the compilation and maintenance of statistical
information on reported crimes and arrests,
b.
The applicant premises are located in an area of undue concentration,
which is defined to exist when an original application or premises-to-premises
application is made for a retail on-sale license in a census tract
where the ratio of existing on-sale retail licenses to population
in the census tract exceeds or will exceed the ratio of retail on-sale
licenses to population in San Mateo County.
C.
In addition, the decision-making body may impose such conditions
as it deems necessary to secure the purposes of this section, including
conditions with respect to location of the use or activity, construction,
maintenance, operation, site planning, traffic control and time limits
for the use permit for the protection of adjacent properties and the
public interest. The decision-making body may require tangible guarantees
or evidence that such conditions are being, or will be, complied with.
(Ord. 1685 § 1.3, 2003; Ord. 1898 § 3, 2021; Ord. 1947, 4/9/2024)
A request for a determination of public convenience or necessity
by an applicant for an Alcohol and Beverage Control license from the
state of California may be acted on by the community development director,
in consultation with the police chief, following payment of a fee
established by the city council, except that if the business requires
a use permit, the decision-making body of the use permit shall act
on the public convenience and necessity finding.
(Ord. 1947, 4/9/2024)
A.
No person or business shall undertake or establish an outdoor dining use on private property outside of an enclosed structure without first securing an architectural review permit pursuant to Chapter 12.108, or for locations in a P-D district, a modification to a P-D permit pursuant to Section 12.96.190(L). A permit for outdoor dining may be issued for a designated outdoor area in off-street parking space areas or existing paved or solid surface areas on private property which do not provide off-street parking spaces.
B.
Outdoor dining on private property shall comply with the following
standards:
1.
Designated outdoor dining areas shall be located within outdoor
space contiguous to the business sponsor's tenant space unless authorized
by the property owner to use other space contiguous to commercial
structures or walkways immediately adjacent to enclosed structures.
2.
Designated outdoor dining areas shall be located on an existing
level, paved or solid surface area.
3.
Designated outdoor dining areas on private property shall not
make inaccessible or block more than two off-street parking spaces
or more than ten percent of the total onsite parking spaces, whichever
is greater.
4.
Accessible parking space, accessible paths of travel, and electric
vehicle charging stations shall not be blocked or become inaccessible
from the establishment of the designated outdoor dining area.
5.
Bollards or reinforced structures placed along the edge of travelways
or parking areas for vehicular traffic to protect outdoor dining areas,
to the satisfaction of the community development director. A minimum
of two-feet clear shall be provided between the bollards or reinforced
structures and the edge of adjacent parking spaces.
C.
If necessary for utility repair and maintenance, the permittee shall
remove any structures, furniture or other improvements that interfere
with the necessary repair and maintenance. The city shall provide
reasonable notice of the repair and/or maintenance, when feasible.
The permittee shall be responsible for any and all costs of removing,
storing, and re-installing the structures, furniture and/or other
improvements from the designated outdoor dining area.
D.
In the case of an emergency, the city may remove the structures,
furniture or other improvements from the designated outdoor dining
area without prior notice to the permittee. The permittee shall be
responsible for any and all costs of removing, storing, and re-installing
the structures, furniture and/or other improvements from the designated
outdoor dining area.
(Ord. 1947, 4/9/2024)
