SECTION 3: The City Council makes the following findings:
1. Zoning Ordinance Text Amendment Findings
a. The ordinance amendment is consistent with the General Plan; and Basis for finding: The San Carlos City Council, through its adopted Strategic Plan, has directed preparation of a Specific Plan for the Northeast Area in response to “continued development interest in the life sciences and biotechnology sectors,” with further direction to staff to “develop policies and strategies to incorporate housing as part of this new development.” The proposed amendments
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will provide additional oversight of the review procedures for development in the Northeast Area to ensure consistency with the goals and objectives of the Northeast Area Specific Plan.
b. The ordinance amendment is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote the public health, safety, peace, comfort and general welfare.
Basis for finding: The proposed Overlay District will require conditional use permits for a majority of projects and development activity in the area until the Northeast Area Specific Plan is adopted. A conditional use permit is reviewed and approved by the Planning and Transportation Commission. These changes aim to ensure that any new development is consistent with the objectives of the Northeast Area Specific Plan, which is currently underway and anticipated for completion in early 2025. Doing so will ensure orderly growth in the Northeast Area as outlined in the goals and objectives of the Northeast Area Specific Plan.
2. Zoning District Boundary Amendment Findings (Zoning Map Amendments) a. The change in district boundaries is consistent with the General Plan; Basis for finding: There is no change to existing land uses, nor zoning districts, as part of this amendment. This amendment seeks to overlay a geographic boundary over the Northeast Area of San Carlos for the purposes of requiring a conditional use permit for most projects until the Northeast Area Specific Plan is adopted.
b. The change in district boundaries is consistent with the purpose of this title to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, peace, comfort and general welfare; and Basis for finding: There is no change in district boundaries. The proposed Overlay District will require conditional use permits for a majority of projects and development activity in the area until the Northeast Area Specific Plan is adopted.
A conditional use permit is reviewed and approved by the Planning and Transportation Commission. These changes aim to ensure that any new development is consistent with the objectives of the Northeast Area Specific Plan, which is currently underway and anticipated for completion in early 2025. Doing so will ensure orderly growth in the Northeast Area as outlined in the goals and objectives of the Northeast Area Specific Plan
c. The change in district boundaries is necessary to achieve the balance of land uses desired by the City, consistent with the General Plan, and to increase the inventory of land within a given zoning district.
Basis for finding: There is no change to district boundaries. The San Carlos City Council, through its adopted Strategic Plan, has directed preparation of a Specific Plan for the Northeast Area in response to “continued development interest in the life sciences and biotechnology sectors,” with further direction to staff to “develop
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policies and strategies to incorporate housing as part of this new development.” The proposed Northeast Area Overlay District will require a conditional use permit for most project and provide additional oversight of the review procedures for development in the Northeast Area to ensure consistency with the goals and objectives of the Northeast Area Specific Plan.
SECTION 4: Replacement of Code. San Carlos Municipal Code Section 18.07 (Industrial Districts), 18.30 (Use Permits) and adding a new Code Section 18.14A (Northeast Area Overlay District) is hereby replaced with the language in Exhibit A.
SECTION 5: Pending Applications. As to project and development applications which have been accepted, processing and review of such applications may continue, but shall be subject to the regulations and requirements listed in Exhibit A, on the date the ordinance becomes effective.
SECTION 6: California Environmental Quality Act Determination. The City Council hereby finds that this Ordinance is not subject to the provisions of the California Environmental Quality Act (‘CEQA’). No additional environmental review is required pursuant to Public Resources Code Section 21166 and California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2) Preliminary Review and Section 15061(b)(3) “common sense exemption’. In addition, in accordance with CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations), adoption of this overlay zone is categorically exempt.
SECTION 7: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of San Carlos hereby declares that it would have adopted this Ordinance and such section, subsection, clause, phrase, or portion may be declared invalid or unconstitutional.
SECTION 8: That the City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and, if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 9: This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
KKK
|, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on __this day of ___, 2024 and adopted at a regular meeting of the City Council of the City of San Carlos held onthe __ day of __, 2024 by the following vote:
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AYES, COUNCILMEMBERS:
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
CITY CLERK of the City of San Carlos
APPROVED:
MAYOR of the City of San Carlos
Exhibit A: Proposed Changes to Title 18, Zoning Ordinance.
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Exhibit A to Ordinance
Proposed Changes to San Carlos Municipal Code Section 18.07 Proposed Amendments are in red.
Chapter 18.07
INDUSTRIAL DISTRICTS fevised 8/28
Sections:
18.07.010 Purpose.
18.07.020 Land use regulations. Revised 8/23
18.07.030 Development standards.
18.07.040 Supplemental regulations.
18.07.010 Purpose.
The specific purposes of the industrial districts are to:
A. Designate adequate land for businesses, professional offices, and industrial growth consistent with the General Plan to maintain and strengthen the City’s economic resources.
B. Provide a range of employment opportunities to meet the needs of current and future residents.
C. Provide areas for a wide range of manufacturing, industrial processing, and service commercial uses and protect areas where such uses now exist.
Additional purposes of each industrial district which follow implement the General Plan classification of “Planned Industrial.”
D. 1A Industrial Arts. This district is intended to promote a building form and reserve areas for small-scale industrial, artisan, and manufacturing uses. Accessory or secondary small-scale retail uses that serve local employees and visitors are also permitted.
E. IL Light Industrial. This district is intended to accommodate a diverse range of light industrial uses, including general service, research and development, biotechnology, warehousing, and service commercial uses. It includes industrial complexes, flex space, and industrial buildings for single and multiple users, warehouses, wholesale, commercial recreation, and other related uses. Small-scale retail and ancillary office uses are also permitted.
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F. 1H Heavy Industrial. This district is intended to accommodate the broadest range of industrial uses. It includes industrial buildings and complexes, flex space, warehouses, manufacturing and assembly, and other uses that require large, warehouse-style buildings with flexible floor plans. Small-scale retail and ancillary office uses are also permitted.
G. IP Industrial Professional. This district is intended for large or campus-like office and technology development that includes office, research and development, manufacturing, and other large-scale, professional uses. Permitted uses include incubator research facilities, prototype manufacturing, testing, repairing, packaging, and printing as well as offices and research facilities. Accessory or secondary small- scale retail uses that serve local employees and visitors are also permitted. (Ord. 1480 (Exh. B (part)), 2015:
Ord. 1438 § 4 (Exh. A (part)), 2011)
18,07.020 Land use regulations. Revised 8/23
Table 18.07.020 prescribes the land use regulations for industrial districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted uses.
“M” designates use classifications that are permitted after review and approval of a minor use permit by the Zoning Administrator.
“C” designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “.” designates uses that are not permitted.
Use classifications are defined in Chapter 18.40, Use Classifications. In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other sections of this title.
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TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS
Use Classification IA | Ik IH IP Additional Regulations Public and Semi-Public Uses
Colleges and Trade Schools, Cc Cc C(8) |-
Public or Private
Government Offices - Cc Cc c 11; see SCMC 18.14A
Hospitals and Clinics See subclassification below
Hospitals : : - Cc 11; see Section 18.14A
Public Safety Facilities - M M - 11; see Section 18.14A Commercial Uses
Adult-Oriented Business C(4) |C(4) | C(4) |- See Section 18.23.040, Adult- oriented businesses
11; see Section 18.14A
Animal Care, Sales and Services | See subclassifications below Kennels - M_{- - 11; see Section 18.14A
Veterinary Services - M_i- - 11; see Section 18.14A
Artist’s Studio P P - - 11; see Section 18.14A
Automobile/Vehicle Sales and | See subclassifications below Services
Automobile/Vehicle Sales and _| - C(3) | C(5) | C(5)
Leasing
Automobile/Vehicle Repair, P P P Cc See Section 18.23.050, Major Automobile/vehicle sales and
services
Automobile/Vehicle Service P P P - 14: see Section 18.14A and Repair, Minor
Automobile/Vehicle Washing | - P - -
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TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS
Use Classification IA | IL IH IP Additional Regulations Large Vehicle and Equipment . P P -
Sales, Service and Rental
Service Station - P(6) |- -
Towing and Impound = M |M - See Section 18.23.160,
Vehicle Storage = M |M - Outdoor storage
11: see Section 18.14A
Business Services Pp jp |p IP | 44 i see Section 18.14A Commercial Entertainment and See subclassifications below
Recreation
Large-Scale - Cc Cc - 11; see Section 18.14A
Small-Scale - Cc Cc - 11; see Section 18.14A
Eating and Drinking
Establishments
See subclassifications below
Full Service - - - M(2) | See Section 18.23.140,
Convenience M(2) | M(2) | M(2) | M(2) Outdoor dining
11; see Section 18.14A
Food Preparation P P - - 11; see Section 18.14A
Funeral Parlors and Interment |P - - - 11; see Section 18.14A Services
Maintenance and Repair P P P - 11; see Section 18.14A
Services
Nurseries and Garden Centers | - M |M - See Section 18.23.270, Commercial cannabis
businesses
11: see Section 18.14A
Offices See subclassifications below
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TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS
erro.
Use Classification IA | IL IH IP Additional Regulations Business and Professional - Cc Cc M 11; see Section 18.14A Medical and Dental - Cc - 11; see Section 18.14A
Parking, Public or Private - P P - See Chapter 18.20, Parking and Loading
11; see Section 18.14A
Personal Services See subclassification below
Tattoo or Body Modification M_j- - - 11; see Section 18.14A Parlor
Retail Sales See subclassifications below
Building Materials and Services |M_ |M M . 11; see Section 18.14A Cannabis Dispensary - - - -
Convenience Markets M(2) | M(2) | M(2) |M(2) | 11: see Section 18.14A Food and Beverage Sales M(2) | M(2) | M(2) | M(2) | 11; see Section 18.14A General Retail M(4) | M(4) | M(4) | M(4) | 14: see Section 18.14A Retail Establishments Selling Cc Cc Cc Cc See Section 18.23.290, Retail Ammunition or Firearms establishments selling
ammunition or firearms
11; see Section 18.14A
Industrial Uses
Construction and Material P P P - See Section 18.23.160, Yards Outdoor storage
11; see Section 18.14A
Custom Manufacturing P P P - 11; see Section 18.14A
Industry, General P P P - See Section 18.23.270,
Commercial cannabis
businesses
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TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS a
Use Classification IA | IL | IH | IP Additional Regulations 11: see Section 18.14A
Industry, Limited P P P P 11; see Section 18.14A
Recycling Facility See subclassifications below
Reverse Vending Machine P P - - See Section 18.23.190,
Recycling Collection Facility - Cc Cc - Recycling facilities 11; see Section 18.14A
Recycling Processing Facility - Cc Cc -
Research and Development P P P P See Section 18.23.270, Commercial cannabis
businesses
11; see Section 18.14A
Research and Development P P P P 11; see Section 18.14A Activities Requiring BSL-1 and
BSL-2 Containment
Research and Development - - - -
Activities Requiring BSL-3
Containment
Research and Development - - - -
Activities Requiring BSL-4
Containment
Salvage and Wrecking M(3)|M M - See Section 18.23.160,
Outdoor storage
11; see Section 18.14A
Warehousing and Storage See subclassifications below
Chemical, Mineral, and - C(7) |C(7) |- 11; see Section 18.14A Explosives Storage
Indoor Warehousing and P P P : 11; see Section 18.14A
Storage
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TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS
Use Classification IA IL IH IP Additional Regulations
Outdoor Storage P(9) p P See Section 18.23.160,
Outdoor storage
11; see Section 18.14A
Wholesaling and Distribution See Section 18.23.270,
Commercial cannabis
businesses
11; see Section 18.14A
Cannabis Microbusiness
See Section 18.23.270,
Commercial cannabis
businesses
11; see Section 18.14A
Transportation, Communication,
Communication Facilities
Antenna and Transmission
and Utilities Uses
See subclassifications below
See Chapter 18.24, Wireless Telecommunications
Towers Facilities
Facilities Within Buildings M M M M 11; see Section 18.14A Freight/Truck Terminals and - Cc P(10) 11; see Section 18.14A Warehouses
Light Fleet-Based Services P P P 11; see Section 18.14A Utilities, Major Cc Cc Cc 11; see Section 18.14A
Utilities, Minor P P P 11; see Section 18.14A
Waste Transfer Facility - P P 11; see Section 18.14A
Other Applicable Types
Accessory Uses and Structures
See Sections 18.23.030, Accessory uses, and 18.15.020,
Accessory buildings and structures
11; see Section 18.14A
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TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS
Use Classification IA | IL IH IP Additional Regulations Nonconforming Use Chapter 18.19, Nonconforming Uses, Structures, and Lots
Temporary Use Chapter 18.31, Temporary Use Permits
11; see Section 18.14A
Specific Limitations:
1. Permitted only in the area shown on Figure 18.23.040-B: Adult-Oriented Business Area.
2. Permitted only as an ancillary use. The combined floor area of all eating and drinking uses on a site shall not exceed two thousand five hundred (2,500) square feet unless a conditional use permit is approved.
3. Shall be conducted entirely within an enclosed building.
4. Permitted only as an ancillary use, not to occupy more than one thousand (1,000) square feet, unless a conditional use permit is approved.
5. Limited to properties between Industrial Road and Highway 101 and adjacent to Shoreway Road.
6. Limited to alternative fueling stations such as for electric or hybrid vehicles, hydrogen-powered vehicles, and similar vehicles using alternative fuels.
7. Prohibited within five hundred (500) feet of a residential district.
8. Except between Industrial and Highway 101 and Shoreway and Highway 101.
9. Permitted as an accessory use only.
10. Conditional use permit required if adjacent to an R district. (Ord. 1597 § 3 (Exh. A), 2023; Ord. 1540 (Exh. C), 2019; Ord. 1525 § 2(1) (Exh. A (part)), 2017; Ord. 1480 (Exh. B (part)), 2015: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.07.030 Development standards.
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Table 18.07.030 prescribes the development standards for industrial districts. Additional regulations are denoted in a right-hand column. Section numbers in this column refer to other sections of this title, while individual letters refer to subsections that directly follow the table. The numbers in each illustration in this section refer to corresponding regulations in the “#” column in the associated table.
KEY
' Property Line
reso ile! --- Setback Line
f Buildable Area
Primary Street
TABLE 18.07.030: DEVELOPMENT STANDARDS—INDUSTRIAL
DISTRICTS
District IA IL IH IP Additional Regulations | #
Lot and Density Standards
Minimum Lot 5,000 40,000 20,000 1
Size (sq. ft.) acre
Corner Lots 6,000 40,000 20,000 1
acre
Maximum Lot 20,000 n/a n/a n/a
Size (sq. ft.)
Minimum Lot 50 50 75 75 1
Width (ft.)
Corner Lots | 60 60 75 75 2
Building Form and Location
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TABLE 18.07.030: DEVELOPMENT STANDARDS—INDUSTRIAL
DISTRICTS
District IA IL IH IP Additional Regulations | #
Maximum 28; 35 75 (A) 50 (A) 100 |See Section 18.15.060, 3 Height (ft.) with use Height and height
permit (B) exceptions
Minimum Setbacks (ft.)
Front 0 5,10 5, 10 20 |See Section 18.15.080, 4
along along Projections into required
arterials _| arterials yards
Interior Side 0 0 (A) 0 (A) 0 5
Street Side 0 5 5 5 6
Rear 0 0(A) 0 (A) 0 7
Maximum Floor | 1.0 0.5 2.0 2.0
Area Ratio (FAR)
See Chapter 18.03, Rules [—
Project Sites of |n/a 1.0 1.0 n/a of Measurement
More Than One
Acre (FAR)
A. Transitional Standards. Where an industrial district adjoins an RS district, the following standards apply:
1. The maximum height is (a) thirty feet within forty feet of an RS district; (b) forty feet within fifty feet of an RS district; and (c) fifty feet within one hundred feet of an RS district.
2. The building setback from an RS district boundary shall be fifteen feet for interior side yards and thirty feet for rear yards.
3. A landscaped planting area, a minimum of ten feet in width, shall be provided along all RS district boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of fifteen feet.
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FIGURE 18.07.030-A: INDUSTRIAL DISTRICT TRANSITIONAL STANDARDS Industrial District | RS District
4 i 1 Sees tera tee esas ot 50 fe height ;
Foo 190 ip paren er nmrrenmcenernrnrcere
— 50 fe setback -—
bm nnp 40 ft height | p—— 40 fe setback ——s
50 ft max. = : i man | . wh 4 30 ft height |
District with 35.@ mox ve
CUP height in tL | ! | 4 Corks 26 foes { i ? Mowed height in 1A District ee I |
with Use Permit
bd — —_,
Minot |
landscaped | jan | planting area |
"1S feat interior side yard; 30 ft at rear yard
B. Maximum Height, IA District. A maximum height of thirty-five feet may be allowed to accommodate a larger floor to ceiling height subject to the approval of a use permit. The maximum height to the parapet is twenty-eight feet. Upper stories shall be set back a minimum of ten feet from the floor below.
C. Maximum Height, IL District. For IL properties adjacent to an RS district, the maximum height shall be thirty-five feet and shall conform to transitional height setbacks contained in subsection A of this section.
A conditional use permit shall be required for height greater than thirty-five feet up to a maximum height of fifty feet for IL properties adjacent to an RS district and shall conform to transitional height setbacks in subsection A of this section. (Ord. 1480 (Exh. B (part)), 2015; Ord. 1438 § 4 (Exh. A (part)), 2011)
18.07.040 Supplemental regulations.
A. Landscaping. A minimum of ten percent of the site must be landscaping.
B. Building Design Near Highway 101. For any site that is fully or partially located within two hundred feet of the right-of-way line of Highway 101, buildings shall be designed with four-sided architecture where each exterior wall is designed equivalent to the primary facade in the extent of building articulation and quality of exterior materials, and consistent with the color scheme of the primary facade.
C. Sidewalks. Sidewalks shall be provided if none already exist or if the existing sidewalks are in poor condition.
D. Parking Location. Parking shall be located at the side or rear of buildings wherever possible.
1. Customer parking should be located near the office area.
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2. Where parking is located between a building and a street, a landscaped setback at least ten feet wide must be provided between the parking area and adjacent right-of-way.
E. Limitations on Curb Cuts. Wherever possible, parking and loading entrances shall share curb cuts in order to minimize the
overall number of curb cuts. On corner lots, curb cuts shall be located on the street frontage with the least pedestrian activity wherever feasible.
F. Access Location. Access shall be provided from a side street or alley wherever possible.
G. Truck Docks, Loading, and Service Areas. The outermost point of the truck docks, loading, and service areas are not permitted within thirty feet of the boundary of an RS district.
H. IA District. Development in the IA District is also subject to the following standards:
1. Build-To Line. Buildings shall be constructed at the property line for a minimum of fifty percent of linear street frontage.
2. Orientation of Primary Building Entrance. The primary building entrance shall face or be oriented to within forty-five degrees or parallel to the street frontage. Where a site is located on two public streets, a primary entrance shall be oriented toward the street with the higher classification.
FIGURE 18.07.040-H(2): ORIENTATION OF PRIMARY BUILDING ENTRANCES Local street
Primary
entrance
Major street
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3. Building Details. The street-facing facade shall include applied surface ornamentation or decorative detailing to promote visual interest. This may include but not be limited to moldings/trims, brackets, niches, and decorative entrances.
4. Building Articulation Along Old County Road. Buildings along Old County Road over fifty feet wide shall be broken down to read as a series of buildings no wider than fifty feet each.
I. Business, Technology, and Office Parks. Business, technology, and office parks containing eighty thousand square feet or more of floor area shall provide the following:
1. Eating and drinking establishments and personal services that will serve employees of the park.
Such uses may occupy up to two thousand five hundred square feet, unless a conditional use permit allowing for more space is approved.
2. Open space areas equal to ten percent of the site area that provide gathering space or opportunities for active or passive recreation. Open space areas shall include benches or other seating. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including but not limited to trees and other landscaping, shade structures, drinking fountains, water features, or public art.
3. Pedestrian walkways that connect all parts of the park, and connect to any existing or planned pedestrian facilities in adjacent neighborhoods.
4. Stormwater detention facilities incorporated into the site landscaping as a visual amenity.
5. Alighting, landscaping, and signage design concept for common areas that is approved by the review authority. (Ord. 1438 § 4 (Exh. A (part)), 2011)
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Exhibit A to Ordinance
Proposed Changes to San Carlos Municipal Code Section 18.30 Proposed Amendments are in red.
Chapter 18.30
USE PERMITS
Sections:
18.30.010 Purpose.
18.30.020 Applicability.
18.30.030 Review authority.
18.30.040 Application requirements.
18.30.050 Public notice and hearing.
18.30.060 Required findings.
18.30.070 Conditions of approval.
18.30.080 Appeals—Expiration, extensions, and modifications.
18.30.090 Failure to comply with conditions.
18.30.100 Revocation of use permits.
18.30.010 Purpose.
The use permit review and approval process is intended to apply to uses that are generally consistent with the purposes of the zoning district where they are proposed but require special consideration to ensure that they can be designed, located, and operated in a manner that will not interfere with the use and enjoyment of surrounding properties. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part), 2011)
18.30.020 Applicability.
Approval of a use permit is required for uses or developments specifically identified in Article Il, Base and Overlay Districts, and/or any other section of this title which requires a use permit. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.030 Review authority.
A. Conditional Use Permits. The Planning Commission shall approve, conditionally approve, or deny applications for conditional use permits based on consideration of the requirements of this chapter.
B. Minor Use Permits. The Zoning Administrator shall approve, conditionally approve, or deny applications for minor use permits based on consideration of the requirements of this chapter. The Zoning
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Administrator may, at his/her discretion, refer any application for a minor use permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application shall be processed as a conditional use permit. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part), 2011)
18.30.040 Application requirements.
Applications for use permits shall be filed with the Planning Division on the prescribed application forms.
In addition to any other application requirements, the application for a use permit shall include data or other evidence in support of the applicable findings required by Section 18.30.060, Required findings. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.050 Public notice and hearing.
A. Conditional Use Permits. All applications for conditional use permits shall require public notice and hearing before the Planning Commission pursuant to Chapter 18.27, Common Procedures.
B. Minor Use Permits. All applications for minor use permits shall require public notice and hearing before the Zoning Administrator pursuant to Chapter 18.27, Common Procedures. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.060 Required findings.
The decision-maker must make all of the following findings in order to approve or conditionally approve a use permit application. The inability to make one or more of the findings is grounds for denial of an application.
A. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this title and all other titles of the municipal code; B. The proposed use is consistent with the General Plan and any applicable specific plan; C. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements; D. The proposed use complies with any design or development standards applicable to the zoning district or the use in question unless waived or modified pursuant to the provisions of this title; E. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity; and
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F. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints.
G_ Proposed projects located within the Landmark Commercial (LC) zoning district are subject to one of the following additional findings, as applicable:
1. Regional retail and destination-oriented uses must have significant beneficial results in employment growth and contribute to the economic sustainability of the City and implementation of the Economic Development Plan, and meet the economic objectives for landmark sites.
2. Interim uses (uses other than regional retail and destination-oriented uses) shall be considered on an interim basis and shall entail use of existing buildings; erection of permanent buildings inconsistent with regional retail and destination-oriented uses shall not be permitted; additions or alterations to a building or site may be considered for health and safety purposes and limited to bring a structure into conformance with Building Code requirements. Interim uses shall be conditioned with time limitations and may be renewed on a periodic basis subject to Planning Commission use permit review and approval. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
H. Proposed projects located within the Northeast Area Overlay District (see Section 18.14A) are subject to the following additional finding:
1. The design, location, size, site, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses as contemplated in the development of the Northeast Area Specific Plan and as set forth in Resolution 2023-032.
18.30.070 Conditions of approval.
In approving a use permit, the decision-maker may impose reasonable conditions or restrictions deemed necessary to:
A. Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies adopted by the City Council; B. Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;
C. Achieve the findings for a use permit listed in Section 18.30.060, Required findings; or
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D. Mitigate any potentially significant impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.
The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.080 Appeals—Expiration, extensions, and modifications.
A. Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council, as provided in Section 18.27.150, Appeals.
B. Expiration, Extensions and Modifications. Use permits are effective and may only be extended or modified as provided for in Chapter 18.27, Common Procedures. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.090 Failure to comply with conditions.
Failure to comply with any condition of approval of a use permit is a violation of this title subject to provisions of Chapter 18.39, Enforcement and Abatement Procedures. (Ord. 1464 § 3 (Exh. C (part)), 2013:
Ord. 1438 § 4 (Exh. A (part)), 2011)
18.30.100 Revocation of use permits.
A use permit may be revoked as provided by Section 18.27.140, Revocation of permits. (Ord. 1464 § 3 (Exh. C (part)), 2013: Ord. 1438 § 4 (Exh. A (part)), 2011)
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Exhibit A to Ordinance
Proposed New Section to San Carlos Municipal Code
Chapter 18.14 A
NORTHEAST AREA OVERLAY DISTRICT
Sections:
18.14A.010 Purpose.
18.14A.020 Applicability.
18.14A.030 Conditional Use Permit Requirements.
18.14A.040 Findings.
18.14A.010 Purpose.
The Northeast Area Overlay District is intended to ensure that the design, location, size, site, and operating characteristics of proposed activity are compatible with the existing and reasonably foreseeable future land uses as contemplated in the Northeast Area Specific Plan, as set forth in Resolution 2023-032.
18.14A.020 Applicability.
The Northeast Area Overlay District applies to all areas as delineated in the map below.
Figure 1. Northeast Area Overlay District Boundary Map
18.14A.030 Conditional Use Permit Requirements.
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The Northeast Area Overlay District requires a conditional use permit for a majority of projects and development activity in San Carlos’ northeast area until the Northeast Area Specific Plan , as set forth in Resolution 2023-032, is adopted. Pursuant to the San Carlos Municipal Code (SCMC Section 18.26.030, D), conditional use permits for the Northeast Area are under the authority of the Planning and Transportation Commission, who shall consider whether to “ approve, conditionally approve, or deny applications for conditional use permits [in the Northeast Area].”
A. The following applications shall require a Conditional Use Permit:
1. A lot line adjustment and the subdivision of land within the Northeast Area in accordance with the City's Subdivision Regulations and the Subdivision Map Act.
2. Design review, any projects that already require a use permit (in this case only one use permit required), minor use permit, temporary use permit, planned development, zoning amendment, waiver, variance, general plan amendment, development agreement, or any other discretionary approval from the City of San Carlos necessary for the development of a site within the Northeast Area (Section 18.14A.020) in accordance with the San Carlos Zoning Ordinance.
B. Conditional use permits under this section do not apply to:
1. An application for a planning permit that has been approved as complete or deemed complete prior to April 25, 2022 (which is the date the Northeast Area Development Moratorium went into effect).
2. An application for a sign permit necessary for the approval of a sign in accordance with Chapter 18.22 of the San Carlos Zoning Ordinance and building permit as required to construct the approved sign.
3. An application for a planning permit that has been approved but requesting minor exterior changes, revisions, or modifications in accordance with Chapter 18.27 and/or Chapter 18.29 of the San Carlos Zoning Ordinance.
4. An application for a planning permit necessary for the approval of a solar photovoltaic system in accordance with the San Carlos Zoning Ordinance and building permit as required to construct the approved solar photovoltaic system.
5. An application for building permits for the construction of interior improvements to space within an existing building occupied by uses permitted within the applicable zoning district under the San Carlos Zoning Ordinance.
6. An application for planning permits and/or building permits necessary for the approval and construction of improvements required for the ordinary maintenance and repair of building components, such as roofs and windows, for the preservation of public health and safety or for building accessibility.
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7. An application for a protected tree removal permit necessary for the removal of a protected tree in accordance with Chapter 18.18 of the San Carlos Zoning Ordinance and grading permit or encroachment permit as required to remove the protected tree approved for removal.
8. An application for minor modification to the conditions of an existing conditional use permit, such as the hours of operation, provided the use is remaining in its existing space, and there is no increase in floor area devoted to such use and the modification does not otherwise result in an intensification or expansion of the use.
18.14A.040 Findings.
Approval of all projects and activities subject to the Northeast Area Overlay District shall require consistency with the findings set forth in Section 18.30.060.
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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 26, 2024
ITEM TITLE: Consideration of Introducing an Omnibus Ordinance Approving the San Carlos Municipal Code Clean-up Amendments to Various Sections of the Municipal Code and to Conform Chapter 3.14 – Public Projects, with Updated Informal Bidding Threshold Amounts under State Law.
RECOMMENDATION:
Staff recommends that the City Council introduce an Omnibus Ordinance approving amendments to the following sections and chapters of the Municipal Code:
-Section 1.04.100 – Definitions (of General Provisions Chapter) -Section 2.12.010 – Office Created (for Finance Director) -Section 2.24.155 – Residential Design Review Committee -Chapter 3.14 – Public Projects
-Section 5.44.080 – “Do Not Knock” Registry
-Section 8.08.070 – Abatement – Notice of Intention
Additionally, staff recommends reference to the ‘Planning Commission’ throughout the Municipal Code to be updated to ‘Planning and Transportation Commission’.
FISCAL IMPLICATIONS:
None.
BACKGROUND:
The San Carlos Municipal Code is the collection of City ordinances that the City Councils have adopted over the years. It is a living document and is continually amended to incorporate new laws and changes in the community.
Staff proposes an omnibus ordinance to make several minor changes to the San Carlos Municipal Code. The proposed amendments are intended to clarify existing language that is ambiguous, contains errors and/or omissions, or is inconsistent with other provisions of the Municipal Code, and generates confusion for staff and members of the public.
ANALYSIS:
An omnibus ordinance is a consolidation of changes on several minor matters. These items are combined into one ordinance for the sake of convenience and efficiency. Rather than adopting several ordinances to cover each individual section change to the Code, an omnibus allows for the adoption of a single ordinance to make several changes to different sections and chapters.
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An omnibus is advantageous when considering matters that do not ordinarily require lengthy deliberations or are non-substantive.
The outlined changes below reflect a list compiled by City departments and are due to changes in law or the need to correct unclear or incorrect language.
Section 1.04.100 – Definitions; and 8.08.070 – Abatement – Notice of Intention Update City Hall’s address from 666 Elm Street to 600 Elm Street.
Section 2.12.010 – Office Created (Chapter 2.12 – Finance Director) Clarify that the Administrative Services Director or his/her designee serves as the City’s Finance Director.
Chapter 3.14 – Public Projects
Update this chapter to conform with the threshold increases under state law enacted in 2019 (Public Contracts Code Sections 22030-22045) to specify that the range for public informal bid projects is from two hundred thousand dollars to more than sixty thousand dollars, along with other clarifying provisions.
Section 5.44.080 – “Do Not Knock” Registry
Clarify that the registry forms are available online as well as at City Hall.
Section 2.24.155 – Residential Design Review Committee
The Residential Design Review Committee has been dissolved. As such, Section 2.24.155 needs to be repealed and any references to it throughout Chapter 2.24 – Commissions must be removed.
Throughout the Municipal Code, update Planning Commission to Planning and Transportation Commission.
In 2022, the City Council transferred the duties from the former Transportation and Circulation Commission to the Planning Commission and updated its name to ‘Planning and Transportation Commission’. There are several areas throughout the Municipal Code that still reference the former name and need to be updated.
These proposed changes are shown with track changes in Exhibit A to the Ordinance.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Introduce an Ordinance approving the San Carlos Municipal Code clean-up amendments to various sections of the Municipal Code; or
2. Do not introduce the proposed Ordinance; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Crystal Mui, City Clerk
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Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. Ordinance
Exhibit A to Ordinance – Proposed Amendments (Redlined)
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ORDINANCE NO. ____
AN OMNIBUS ORDINANCE OF THE CITY OF SAN CARLOS
APPROVING THE SAN CARLOS MUNICIPAL CODE CLEAN-UP AMENDMENTS TO
VARIOUS SECTIONS OF THE MUNICIPAL CODE AND TO CONFORM CHAPTER
3.14 - PUBLIC PROJECTS, WITH UPDATED INFORMAL BIDDING THRESHOLD AMOUNTS UNDER STATE LAW.
SECTION 1. Findings. The City Council of the City of San Carlos does hereby find and declare as follows:
WHEREAS, the San Carlos Municipal Code is the collection of City ordinances that the City Councils have adopted over the years. It is a living document and is continually amended to incorporate new laws and changes in the community; and
WHEREAS, an omnibus ordinance is needed to make several minor changes to the San Carlos Municipal Code; and
WHEREAS, the proposed amendments are intended to clarify existing language that are ambiguous, contain errors and/or omissions, are inconsistent with other provisions of the Municipal Code, and generate confusion for staff and members of the public.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of San Carlos hereby approves the Municipal Code clean-up amendments as shown in Exhibit A.
SECTION 2: CEQA. This Ordinance is exempt from additional environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3); under the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 3: Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that any provisions of this Ordinance are severable and if for any reason any sentence, paragraph or section of this Ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance.
SECTION 4: Publication and Effective Date. This Ordinance shall be published and posted according to law and shall take effect and be in force from and after 30 days after its passage and adoption.
* * * *
I, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on the 26th day of February, 2024 and passed and adopted as an Ordinance of the City Council of the City of San Carlos at a regular meeting thereof held on the ____ day of ____, 2024 by the following vote:
AYES, COUNCILMEMBERS:
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________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A: Proposed Amendments (Redlined)
NOES, COUNCILMEMBERS:
ABSENT, COUNCILMEMBERS:
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Exhibit A to Ordinance - Proposed Changes to San Carlos Municipal Code Proposed additions are shown in blue underline and deletions are shown in red strikethrough.
Chapter 1.04
GENERAL PROVISIONS
1.04.100 Definitions.
For the purposes of this Code, unless the context clearly indicates otherwise, certain words and phrases used throughout this Code are defined as follows:
1. "City" means the City of San Carlos, California.
2. "City Council" means the City Council of the City of San Carlos, California.
3. "City Hall" means the public building 666 600 Elm Street, San Carlos, California.
Chapter 8.08
ABANDONED VEHICLES
8.08.070 Abatement—Notice of intention.
A. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be mailed by certified mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. The notices of intention shall be in substantially the following forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED,
DISMANTLED, OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE AND ASSESS ADMINISTRATIVE EXPENSES AND COSTS OF REMOVAL (Name and Address
of Owner of the Land)
As owner shown on the last equalized assessment roll of the land located at (address), you are hereby notified that the undersigned pursuant to Section 8.08.010 of the ordinance code has determined that there exists upon said land an (or parts of an) abandoned, wrecked, dismantled or inoperative vehicle registered to license number which constitutes a public nuisance pursuant to the provisions of Chapter 8.08 of the ordinance code.
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You are hereby notified to abate said nuisance by the removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City and the costs thereof, together with Administrative expenses, assessed to you as owner of the land on which said vehicle (or said parts of a vehicle) is located.
As owner of the land on which said vehicle (or said parts of a vehicle) is located, you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such request is not received by the Police Chief of the City of San Carlos at City Hall, 666 600 Elm Street, San Carlos California 94070 within such 10-day period, the Chief of Police shall have the authority to abate and remove said vehicle (or said parts of a vehicle) as a public nuisance and assess the costs as aforesaid without a public hearing. You may submit a sworn written statement within such 10-day period denying responsibility for the presence of said vehicle (or said parts of a vehicle) on said land, with your reasons for denial, and such statement shall be construed as a request for hearing at which your presence is not required. You may appear in person at any hearing requested by you or the owner of the vehicle, or, in lieu thereof, may present a sworn written statement as aforesaid in time for consideration at such hearing.
Chapter 2.12
FINANCE DIRECTOR
2.12.010 Office Created.
The Office of Director of Finance is created and established. The Director of Finance shall be the chief accounting officer of the City and shall consolidate all accounting matters of the City in this office, as an entirely separate and distinct entity from all other departments. The Administrative Services Director or his/her designee shall serve as the Finance Director.
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Chapter 2.24
COMMISSIONS
Sections:
2.24.010 Creation of commissions.
2.24.020 Membership.
2.24.030 Appointment—Removal—Vacancies.
2.24.040 Terms of office.
2.24.050 Terms of present members.
2.24.060 Length of service.
2.24.080 Meetings—Frequency.
2.24.090 Meetings—Quorum.
2.24.100 Appointment of officers.
2.24.110 Secretary—Duties.
2.24.120 Expenses—Clerical support.
2.24.130 Rules of procedure.
2.24.140 Planning and Transportation Commission—Powers and duties.
2.24.150 Planning and Transportation Commission—Delegation of authority.
2.24.155 Residential Design Review Committee—Powers and duties.
2.24.160 Parks, Recreation and Culture Commission—Powers and duties.
2.24.260 Economic Development Advisory Commission.
2.24.010 Creation of Commissions.
There are established the following commissions and boards in the City and outside agencies that the City has appointees on:
A. Planning and Transportation Commission;
B. Parks, Recreation and Culture Commission;
C. Youth Advisory Council;
D. Residential Design Review Committee; Economic Development Advisory Commission; FE. Museum of San Carlos History Board of Directors; GF. San Mateo County Mosquito and Vector Control District Board of Trustees.
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2.24.140 Planning and Transportation Commission—Powers and duties.
The Planning and Transportation Commission shall have the following powers and duties:
A. Prepare and recommend a comprehensive General Plan for the future development of the City, and, from time to time, review the provisions of such plan and make a report of its findings and recommendations to the City Council.
B. Initiate, from time to time, a review of the zoning ordinances codified in Title 18 and make a report of its findings and recommendations to the City Council.
C. Receive and act upon applications authorized and specified in Title 18.
D. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by any City official in the interpretation and enforcement of Title 18.
E. Appoint one (1) member to serve on the Residential Design Review Committee. Receive and evaluate complaints and other matters having to do with traffic and circulation, including pedestrian and bicycling matters.
GF. Recommend to the City Council and staff ways and means for improving traffic and circulation conditions, including bicycle and pedestrian conditions, and encourage use of alternative modes of transportation in the City.
HG. Review and comment on preliminary plans for all capital improvement programs related to any and all modes of transportation.
IH. Perform such other duties as are now or may hereafter be designated by State statutes or this Code.
JI. At the initial meeting of the Planning and Transportation Commission, and yearly thereafter, the members shall elect the Chairperson and Vice Chairperson. The Vice Chairperson shall perform the duties of the Chairperson when the Chairperson is absent. In the event of a vacancy in the Chairperson’s position, the Vice Chairperson shall succeed as Chairperson for the balance of the Chairperson’s term and the Commission shall elect a successor to fill the vacancy of the Vice Chairperson. The Commission shall also annually appoint one (1) member of the Planning and Transportation Commission as a member of the Residential Design Review Committee, who shall serve as Chair of the Committee.
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KJ. The Planning and Transportation Commission is subject to the California Brown Act (Government Code Section 56900 et seq.), and all meetings shall be open to the public, except as provided by law. All meetings of a quorum of the Commission must be held pursuant to the noticing provisions of the Brown Act, and are open to the public. A majority of the members shall constitute a quorum. Meeting minutes shall be taken of each official meeting of the Commission.
2.24.155 Residential Design Review Committee—Powers and duties.
The Residential Design Review Committee (RDRC) shall have the following powers and duties:
A. The Residential Design Review Committee is established to conduct design review of proposed residential development pursuant to Title 18 and any adopted residential design review guidelines.
B. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Council, or as delegation to the Committee of any of the authority or discretionary powers vested and imposed by law in the City Council. The City Council declares that the public interest, convenience, welfare and necessity require the appointment of a Residential Design Review Committee to act in an advisory capacity to the Planning and Transportation Commission for the purposes enumerated in this section.
C. The composition of the Residential Design Review Committee shall be established by City Council resolution.
D. The Residential Design Review Committee is subject to the California Brown Act (Government Code Section 56900 et seq.), and all meetings shall be open to the public, except as provided by law. All meetings of a quorum of the Committee must be held pursuant to the noticing provisions of the Brown Act, and are open to the public. A majority of the members shall constitute a quorum. Meeting minutes shall be taken of each official meeting of the Committee.
Chapter 3.14
PUBLIC PROJECTS
Sections:
3.14.010 Definitions.
3.14.020 Formal bid—Public projects more than one two hundred seventy-five thousand dollars ($200,000).
3.14.030 Informal bid—Public projects of one two hundred seventy-five thousand dollars ($200,000)or less to more than sixty thousand dollars ($60,000).
3.14.040 Public projects—sixty Forty-five thousand dollars ($60,000) or less.
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3.14.020 Formal bid—Public projects more than one two hundred seventy-five thousand dollars ($200,000).
Public projects with an estimated value exceeding one two hundred seventy-five thousand dollars shall be by written contract with the lowest responsible bidder, except as otherwise provided herein.
3.14.030 Informal bid—Public projects of one two hundred seventy-five thousand dollars ($200,000) or less to more than sixty thousand dollars ($60,000).
Public projects with a value in the amount of one two hundred seventy-five thousand dollars ($200,000) or less to more than sixty thousand dollars $60,000) shall be governed by the informal bid procedures as follows:
A. A list of qualified contractors, identified according to categories of work, shall be developed and maintained by the Director of Public Works in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
B. Where a public project is to be performed, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection A of this section, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code; provided, however:
1. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission.
2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
3. Notices shall be mailed at least ten calendar days before bids are due.
4. The notice shall describe the project in general terms; how to obtain more information; and state the time and place for submission of bids.
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5. The City Manager, Administrative Services Director and Director of Public Works or their designees shall have the authority to award informal bids.
C. If all bids received are in excess of one two hundred seventy-five thousand dollars ($200,000), the City Council may by four-fifths vote pass a resolution awarding the informal contract to the lowest responsible bidder, provided:
1. The Council determines that the original cost estimate by the City was reasonable.
2. The contract is for one two hundred eighty-seven twelve thousand five hundred dollars ($212,500) or less.
3.14.040 Public projects—Forty-five sixty thousand dollars ($60,000) or less.
Public projects of forty-five sixty thousand dollars ($60,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order without formal or informal bid procedures.
Chapter 5.44
SOLICITATION
5.44.080 “Do Not Knock” registry.
A. The City Clerk, or his or her designee, shall prepare a list of addresses of those premises where the owner and/or occupant has notified the City that soliciting is not permitted on the premises (hereinafter referred to as the “Do Not Knock” registry).
B. Notification shall be by completion of a form available on the City’s website and at City Hall during normal business hours and shall be valid for two years.
Throughout the Municipal Code, update ‘Planning Commission ’ to ‘Planning and Transportation Commission’.
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