Agenda packet — San Carlos City Council, September 28, 2026

CITY OF SAN CARLOS
City Council/Housing Authority
Regular Meeting
September 28, 2026 7:00 PM
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
www.cityofsancarlos.org

AGENDA
This meeting will be conducted both in-person at City Hall and virtually via Zoom. Members of the public will have the option to observe the meeting and address the City Council as outlined below.

In-Person Participation:
•
Location.

City Hall – 600 Elm Street, Council Chambers.

•
Provide Public Comment.

T o address the City Council, fill out a Request to Speak Form located in the back of the Council Chambers and submit it to the City Clerk; or, you may raise your hand when the Mayor calls for public comments.

Remote Participation
:
•
Observe via:
-
Zoom.
https://us02web.zoom.us/j/88256140939; or call 1-669-900-9128 and enter the Meeting ID #: 882 5614 0939
-
Meeting Webportal
. www.cityofsancarlos.org/agenda
-
Local TV.

Comcast Channel 27 and AT&T Uverse Channel 99

•
Provide Public Comment.

If you plan to make a public comment, please observe the meeting via Zoom (see above access information), and during the public comment period for the agenda item you wish to address, use the “raise hand” feature. If joining Zoom by phone, press *9 to “raise hand”.

Councilmembers may participate in this meeting remotely pursuant to Government Code 54953.8.

MAYOR:

Pranita Venkatesh

COUNCIL:

John Dugan, Neil Layton, Sara McDowell, Adam Rak

1 1.

CALL TO ORDER

2. TELECONFERENCE ANNOUNCEMENTS BY COUNCIL

3. PLEDGE OF ALLEGIANCE
Led by Eagle Scout Kai Mowen of Troop 321.

4. CHANGES TO THE ORDER OF THE AGENDA

5. PRESENTATIONS

Present

Proclamation

Kai

Mowen

with

Scouts

BSA

Troop

321

Upon

Receiving
His Eagle Scout Award.
b.

Present a Proclamation Recognizing the 25
Anniversary of AgeUp.
c.

Present

Proclamation

Recognizing

October

4 –

10,

2026

Fire

Prevention
Week.

6. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Council

Communications

and

Announcements

are

brief

items

from

members

the

City
Council

regarding

upcoming

events

the

community

and

correspondence

that

they

have
received.

They

are

informational

nature

and

action

will

taken

these

items

this
meeting.

7. PUBLIC COMMENT
Persons

wishing

address

the

City

Council

matters

NOT

the

posted

agenda

may
do

so.

Each

speaker

limited

two

minutes;

however,

speaking

time

may

reduced

at
the

Mayor’s

discretion

based

the

number

speakers.

General

Public

Comment

may
also

limited

total

30 minutes,

with

any

remaining

public

comment

heard

the
end of the agenda, if time permits.

the

item

you

are

speaking

not

listed

the

agenda,

please

advised

that

the

City
Council

may

briefly

respond

statements

made

questions

posed

allowed

under

the
Brown

Act

(Government

Code

Section

54954.2).

The

City

Council's

general

policy

to
refer

items

staff

for

attention,

have

matter

placed

future

City

Council

agenda
for

comprehensive

action

report

and

formal

public

discussion

and

input

that
time.

2 8.

CONSENT CALENDAR

Motion to Waive Reading of All Ordinances.
b.

Approve the City Council August 24, 2026 Special and Regular Meetings Minutes. c.

Deny Claim of Iliana Close.
d.

Deny Robert Hopkins' Application for Leave to Present a Late Claim. e.

Deny Claim of Mak Azadi.
f.

Adopt

Resolution

Accepting

the

2025

Sewer

Rehabilitation

Project

(C9617)

and
Authorizing the Public Works Director to Issue and Record a Notice of Completion. g.

Adopt

Ordinance

1638

Amending

San

Carlos

Municipal

Code

Chapter

5.43 -
Sidewalk

Vending,

Conform

with

635

and

Making

Findings

Pursuant

the
California Environmental Quality Act.

9. PUBLIC HEARING

Consideration

Introducing

Ordinance

Amending

San

Carlos

Municipal

Code
Title

18,

Sections

18.05.020

–

Mixed-Use

Districts

Land

Use

Regulations,

18.060.020

–

Commercial

Districts

Land

Use

Regulations,

18.07.020

–

Industrial
Districts

Land

Use

Regulations,

and

18.23 –

Standards

for

Specific

Uses

and
Activities, for a T obacco Retailer Permit Requirement.

10. AGENDA SETTING
Items

discussed

this

Agenda

Setting

Section

will

considered

the

Council

for
placing on a future agenda. No action will be taken on these items at this meeting.

Consideration

Agendizing

Item

Receive

Update

from

San

Mateo
County on Inspections of T obacco Retailers in San Carlos. b.

Consideration

Agendizing

Report

Council

Winter

Storm

Season
Preparedness.

11. ADJOURNMENT

Any

writings

documents

provided

majority

the

City

Council

regarding

any

item

this

agenda
will be made available for public inspection upon request.

3 In

compliance

with

the

Americans

with

Disabilities

Act

and

Title

VI,

and

outlined

the

City’s
Reasonable

Accommodations

Policy,

you

need

special

assistance

translation

services

participate
in

this

meeting,

please

contact

the

City

Clerk’s

Office

(650)

802-4222

via

at
[email protected].

Notification

advance

the

meeting

will

enable

the

City

make
reasonable arrangements to ensure accessibility to this meeting.

4 San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Special Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
August 24, 2026 6:45 PM

MINUTES

ROLL CALL

City Council Present: Pranita Venkatesh, Mayor
Adam Rak, Vice Mayor
John Dugan, Councilmember
Neil Layton, Councilmember
Sara McDowell, Councilmember

Staff Present: Kathy Kleinbaum, City Manager
Rebecca Mendenhall, Administrative Services Director
Crystal Mui, City Clerk
Angie Rodriguez, Human Resources Manager
Gregory Rubens, City Attorney

1. CALL TO ORDER

Mayor Venkatesh called the meeting to order at 6:45 p.m.

2. PUBLIC COMMENT

Brian Hernacki, a resident, expressed concerns about Flock cameras installed in San Carlos and requested that the Council hold a public discussion on the matter.

Mark Iwanowski, a resident, expressed concerns about the City’s recent Measure G mailed flyer.

3. CLOSED SESSION

There were no public comments for closed session agenda items. Council then adjourned to the Collaboration Room to convene in Closed Session.

a. Conference with Labor Negotiators Cue, Kleinbaum, Mendenhall, Rodriguez and Rubens – Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters ("Teamsters") (Closed Session Pursuant to Government Code Section 54957.6).

b. Conference with Labor Negotiators Kleinbaum, Mendenhall, Rodriquez and Rubens - Part-Time Employee Group (Closed Session Held Pursuant to Govt. Code Section 54957.6).

City Attorney Greg Rubens reported that there are no reports from Closed Session.

4. ADJOURNMENT

The meeting adjourned at 6:54 p.m.

Crystal Mui
City Clerk

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San Carlos City Council/Successor Agency to the
Redevelopment Agency/Housing Authority Regular Meeting
Council Chambers, City Hall
600 Elm Street, San Carlos, CA 94070
August 24, 2026 7:00 PM

MINUTES

ROLL CALL

City Council Present: Pranita Venkatesh, Mayor
Adam Rak, Vice Mayor
John Dugan, Councilmember
Neil Layton, Councilmember
Sara McDowell, Councilmember

Staff Present: Shon Buford, Deputy Fire Chief
Paul Harris, Financial Services Manager
Kathy Kleinbaum, City Manager
Andrea Mardesich, Assistant Community Development Director Rebecca Mendenhall, Administrative Services Director
Tyler Muela, Recreation Supervisor
Crystal Mui, City Clerk
Amy Newby, Parks and Recreation Director
Gregory Rubens, City Attorney
Mike Tabak, Police Chief

1. CALL TO ORDER

Mayor Venkatesh called the meeting to order at 7:00 p.m.

2. TELECONFERENCE ANNOUNCEMENTS BY COUNCIL

None.

3. PLEDGE OF ALLEGIANCE

Mayor Venkatesh led the Pledge of Allegiance.

4. CHANGES TO THE ORDER OF THE AGENDA

None.

5. REPORT FROM CLOSED SESSION

None.

6. PRESENTATIONS

a. Present Proclamations Recognizing Members of the Tierra Linda Speech and Debate Team for Their Achievements in the Bay Area, State and National Debate Competitions.

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Mayor Venkatesh presented proclamations recognizing members of the Tierra Linda Middle School Speech and Debate Team members Rowan Iyer, Ethan Lee, Benjamin McLeskey, Aman Perera, Aashvi Puvadi, Kayla Silverman, and Claire Xing, for their accomplishments in local, state, and national competitions.

The students and Coach Marty De thanked Council for the recognition and the community for their support, and spoke on the benefits of participating on the Speech and Debate Team.

7. COUNCIL COMMUNICATIONS AND ANNOUNCEMENTS

Council Member Sara McDowell shared wildfire preparedness resources available on the City’s wildfire webpage and encouraged residents to prepare go-bags and review safety information. She also highlighted the City’s Caring Cupboard Program.

Mayor Venkatesh announced that she had presented a proclamation recognizing George and Dinny Zinckgraf on their 70th wedding anniversary and noted their longstanding service to the San Carlos community.

Vice Mayor Adam Rak added remarks recognizing the Zinckgraf’s unique anniversary and their contributions to the community.

8. PUBLIC COMMENT

Jennifer Frentress, San Carlos School District Superintendent, thanked the Council and community for support of Measure H improvements.

Ken Castle, a resident, urged the Council to reconsider the continued closure of the 700 block of Laurel Street and requested a dedicated public discussion regarding reopening the downtown.

Sara Haller, a resident, expressed concern for traffic in the 1500 Block of San Carlos Avenue, specifically San Carlos Ave between Walnut and Prospect and requested information regarding traffic enforcement and safety conditions in that area.

Josh Saffren, a resident, commented on wildfire preparedness and emphasized the benefits of fire suppression pump systems for residential pool owners.

Vice Mayor Rak directed the Polic Chief to follow-up with Ms. Haller on her public comment.

9. CONSENT CALENDAR

Public Comment
- Ken Castle, a resident, spoke on item 9d – Downtown Parklet Program, expressing support for continuing the parklet program while urging Council to carefully study any long-term changes before reducing outdoor dining capacity.

MOTION: Adopt City Council Consent Calendar Items ‘a’ through “k”.

MOVER: Rak
SECONDER: McDowell
AYES: Dugan, Layton, McDowell, Rak, Venkatesh
NAYS: None
RESULT: Motion Passed 5 – 0

a. Motion to Waive Reading of All Ordinances.

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b. Approve the City Council June 22, 2026 Special and Regular Meeting Minutes.

c. Accept the Fiscal Year (FY) 2025-26 Fourth Quarter Investment Report for the Period Ending June 30, 2026.

d. Adopt a Resolution Extending the Temporary Downtown Parklet Program and the Corresponding Encroachment Permits to September 15, 2027. Resolution 2026-099

e. Adopt a Resolution Authorizing the Amendment to the Agreement with Tyler Technologies, Inc to Purchase the Cloud Hosted Capital Asset and Content Manager Modules in the Amount of $27,769 and Authorize the Annual Renewal of the Subscription Services Until the System Needs to be Replaced. Resolution 2026-100

f. Appoint Mayor Venkatesh as the Voting Delegate and City Manager Kleinbaum as the Alternate to Represent the City of San Carlos at the League of California Cities’ 2026 Cal Cities Annual General Assembly.

g. Adopt a Resolution Appropriating an Additional $390,000 from the General Fund (Fund 25) to the Corporation Yard Roof Replacement and Solar Panel Upgrade Project (C2410); Authorizing the Execution of an Agreement with McMillan Electric in the Amount of $375,000; and Authorizing the Expenditure of a 10% Contingency in the Amount of $37,500 for a Total Not-to-Exceed Contract Amount of $412,500 to Design and Install Rooftop Photovoltaic Solar Systems at the Corporation Yard. Resolution 2026-101

h. Deny Claim of Victor Herrero.

i. Adopt a Resolution Authorizing an Amendment to the Professional Services Agreement with West Coast Code Consultants, Inc. for an Amount Not to Exceed $200,000 for Fire Inspection Services for Fiscal Year 2026-27. Resolution 2026-102

j. Adopt a Resolution Approving the Use of the Library Excess Funds in Fiscal Year 2026-27 in Accordance with the Library Joint Powers Authority Agreement in the Amount of $1,169,809, and Appropriating Funding in the General Capital Fund (Fund 0025) in the Amount of $340,000 for New Capital Projects for Library Sewer Pump Station Rehabilitation ($150,000), Library Storm Pump Station Rehabilitation ($150,000) and Library Automatic Fire Sprinkler System Rehabilitation ($40,000). Resolution 2026-103

k. Adopt a Resolution Accepting the Library Building Painting Project (C2519) and Authorizing the Public Works Director to Issue and Record a Notice of Completion. Resolution 2026-104

10. PUBLIC HEARING

a. Consideration of Adopting a Resolution Authorizing Adjustments to the Cost-of-Services Schedule for Field Use Fees for Fiscal Year 2026-27.

Recreation Manager Tyler Muela presented proposed changes to the field use fees and responded to Council questions.

The Council expressed interest in further studying the potential implementation of non-resident fees as part of future fee updates.

Public Comment
- Bob Bollier, a resident and on behalf of the San Carlos Youth Softball Association, spoke in support of the proposed fee adjustments and thanked staff for revisiting the issue.

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- Sonia Elkes, a resident, commended the Parks and Recreation Department for its responsiveness and professionalism.

MOTION: Close the Public Hearing.

MOVER: Rak
SECONDER: McDowell
AYES: Rak, Dugan, Layton, McDowell, Venkatesh
NAYS: None
RESULT: Motion Passed 5 – 0

MOTION: Adopt Resolution 2026-105 authorizing adjustments to the Cost-of-Services Schedule for Field Use Fees for fiscal year 2026-27.

MOVER: Rak
SECONDER: Layton
AYES: McDowell, Rak, Dugan, Layton, Venkatesh
NAYS: None
RESULT: Motion Passed 5 – 0

11. STUDY SESSION

a. Receive a Report and Provide Direction on the Potential Regulation of Electric Bicycles and Other Electric Conveyance Devices in the City of San Carlos.

City Attorney Greg Rubens presented potential regulations for electric and other electric conveyance devices and summarized current state law, local safety concerns, recent education and enforcement efforts, and the newly adopted San Mateo County ordinance affecting unincorporated areas. He and Police Chief Mike Tabak responded to Council questions.

Public Comment
- Ken Castle, resident, expressed safety concerns involving e-bikes near driveways, on Industrial Road, Cedar Street, and sidewalks, and urged clearer signage and deterrence.

- Sonia Elks, a resident, supported additional safety education and provided suggestions on how to make e-bikes safer.

- Mark Iwanowski, a resident, emphasized the importance of parent education and parental responsibility.

- Sara Haller, a resident, urged a stronger, more proactive enforcement of violations.

Council provided the following directions to staff:

- Continue collaborating with the Sheriff's Office and monitor county and state legal developments; return to Council at an appropriate future time with updates. - When returning to Council, provide additional data, including complaint reports, enforcement records, and service-call logs, to help identify where problems are concentrated.
- Consider coordinating with the School District on parent and youth education efforts. - Evaluate whether this issue warrants discussion at a future City-School District 2+2 meeting.
- Consider appropriate signage on the 700 block of Laurel Street to address bicycle and e- bike restrictions.

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- Align enforcement shifts to target high-activity periods, such as Wednesday afternoons when youth are most likely to be riding e-bikes downtown.

12. NEW BUSINESS

a. Consideration of Adopting a Resolution Adopting a Memorandum of Understanding Between the City of San Carlos and the American Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters ("Teamsters") Unit for the Period of September 1, 2026 through June 30, 2028.

Administrative Services Director Rebecca Mendenhall presented the proposed Memorandum of Understanding for the Teamsters Unit.

MOTION: Adopt Resolution 2026-106 adopting a Memorandum of Understanding between the City of San Carlos and the American Local 856, Freight Checkers, Clerical Employees and Helpers Union, International Brotherhood of Teamsters ("Teamsters") Unit for the period of September 1, 2026 through June 30, 2028.

MOVER: Dugan
SECONDER: Rak
AYES: Dugan, Layton, McDowell, Rak, Venkatesh
NAYS: None
RESULT: Motion Passed 5 – 0

13. AGENDA SETTING

None.

14. ADJOURNMENT

Mayor Venkatesh adjourned the meeting at 8:41 p.m.

Crystal Mui,
City Clerk

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 28, 2026
ITEM TITLE: Deny Claim of Iliana Close.

RECOMMENDATION:

Staff recommend that the City Council deny the claim of Iliana Close as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Iliana Close (“Claimant”).

Staff recommend that the City Council deny the claim based on Carl Warren’s guidance.

Claim Processing in San Carlos. When the City receives a claim, it is immediately forwarded to claims examiners at Carl Warren for investigation. Upon completing the investigation, Carl Warren provides the City with a recommendation on how to proceed with the claim.

About Carl Warren. Carl Warren is a leading national third-party administrator (TPA) that specializes in property and casualty claims management, subrogation recovery, and litigation management. Effective January 1, 2025, Carl Warren was hired by Pooled Liability Assistance Network Joint Powers Authority (PLAN JPA) to provide claims administration services to member cities. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network (ABAG PLAN) on November 27, 2017, and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board member.

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ANALYSIS:

Claimant filed a claim against the City alleging property damage after driving through a construction zone near the Claimant’s residence. On August 12, 2026, the Claimant received a low tire pressure alert and was advised by Jiffy Lube that the damage appeared to have resulted from a nail likely from a construction zone. Claimant seeks $363.37 in damages for tire replacement.

This does not appear to be a case of liability against the City of San Carlos. The City was not performing any construction in the area on the alleged date of loss. Therefore, Carl Warren has recommended that the City formally reject Iliana Close’s claim.

The Council’s rejection of this claim does not prevent City staff or the staff of Carl Warren from continuing to work with the Claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny Claim of Iliana Close; or

2. Do not deny claim of Iliana Close; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Jenny Liu, Senior Management Analyst; and
Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Close, I. Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 28, 2026
ITEM TITLE: Deny Robert Hopkins' Application for Leave to Present a Late Claim.

RECOMMENDATION:

Staff recommend that the City Council deny Robert Hopkins’ application for leave to present a late claim as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

This item is coming before the Council to act on the application for leave to present a late claim submitted by Rober Hopkins (“Claimant”). Staff recommend that the City Council deny the application based on Carl Warren’s guidance.

The Tort Claims Act. California Government Code Sections 900, seq., mandates that all claims for money or damages against a public entity must be presented in writing to the public entity prior to filing suit. Generally, claims concerning personal injury, wrongful death, damage to personal property, or damage to crops must be presented to the public within six (6) months of the accrual of the claim. All other claims, principally claims on contracts and damage to real property, are subject to a one-year statute of limitations for presentation of the tort claim. If a claimant misses the applicable deadline, they may apply to the public entity for leave to present a late claim. This application must be filed within a reasonable time not to exceed one year after the accrual of the cause of action. The public entity then has forty-five (45) days to grant or deny the application. If the application is denied or not acted upon within the 45-day period, the claimant may petition the superior court for an order relieving them from the requirements of Government Code Section 945.4. The claim itself, once properly presented to the public entity, is subject to a separate 45- day period. During that period, the public entity may allow or reject the claim. If no action is taken within 45 days, the claim is deemed rejected by operation of law on the last day.

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Network Joint Powers Authority (PLAN JPA) to provide claims administration services to member cities. The City Council approved the City’s participation in the PLAN JPA (previously known as the Association of Bay Area Government Pooled Liability Assurance Network (ABAG PLAN) on November 27, 2017, and designated the Administrative Services Director and Senior Management Analyst as primary and alternate PLAN JPA Board member.

ANALYSIS:

On behalf of the Claimant, L.A. Century Law attorney Ryan Daneshrad filed a claim against the City for bodily injuries sustained in a sidewalk trip-and-fall incident on September 23, 2025. On January 12, 2026, staff presented the claim to the City Council with a recommendation for rejection because the alleged loss location - Devonshire Boulevard and Devonshire Circle - is in the County of San Mateo and not within the jurisdiction of the City of San Carlos.

Following the City Council’s rejection of the claim, the Claimant became subject to a six-month deadline under Government Code section 945.6 to file a court action, subject to certain exceptions. The notice of rejection advised the Claimant that any court action must be filed within six months from the date the notice was personally delivered or deposited in the mail, and that the Claimant should immediately consult an attorney if they wished to do so. A search of the San Mateo County Superior Court records revealed no litigation arising from the incident. Accordingly, after the applicable six-month period expired without any litigation being filed, Carl Warren closed its claim file on August 7, 2026.

On September 8, 2026, the attorney Joshua Zokaeem of the Capital Law Firm filed an Application for Leave to File a Late Claim on behalf of the Claim, asserting that the original claim form was mistakenly filed with the City of San Marcos. Since a claim form was timely filed with the City, there is no basis for the application. Therefore, Carl Warren has recommended that the City deny Robert Hopkins’ application for leave to file a late claim.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny Robert Hopkins’ application for leave to present a late claim; or

2. Do not deny Robert Hopkins’ application for leave to present a late claim; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Jenny Liu, Senior Management Analyst; and
Rebecca Mendenhall, Administrative Services Director

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Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Hopkins, R. Application for Leave to Present a Late Claim

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 28, 2026
ITEM TITLE: Deny Claim of Mak Azadi.

RECOMMENDATION:

Staff recommend that the City Council deny claim of Mak Azadi as recommended by the City’s claim administrators at Carl Warren.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

This item is coming before the Council to act on the claim submitted by Mak Azadi (“Claimant”).

Staff recommend that the City Council deny the claim based on Carl Warren’s guidance.

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ANALYSIS:

Claimant filed a claim against the City alleging property damage after driving through a pothole on Industrial Road. Claimant alleges that on July 28, 2026, the Claimant was driving northbound on Industrial Road when he hit a pothole that tore the tire off of his wheel. Claimant seeks $812 in damages for tire replacement and wheel alignment.

This does not appear to be a case of liability against the City of San Carlos as the City did not have prior notice of the pothole. Government Code section 835 provides immunities when there was no known prior notice to the City of a “hazardous condition”. Therefore, Carl Warren has recommended that the City formally reject Mak Azadi’s claim. Public Works staff patched the pothole promptly following notification.

The Council’s rejection of this claim does not prevent City staff or the staff of Carl Warren from continuing to work with the Claimant to resolve the dispute.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Deny claim of Mak Azadi; or

2. Do not deny claim of Mak Azadi; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Jenny Liu, Senior Management Analyst; and
Rebecca Mendenhall, Administrative Services Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Azadi, M. Claim Form

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 28, 2026
ITEM TITLE: Adopt a Resolution Accepting the 2025 Sewer Rehabilitation Project (C9617) and Authorizing the Public Works Director to Issue and Record a Notice of Completion.

RECOMMENDATION:

Staff recommend that the City Council adopt a Resolution accepting the 2025 Sewer Rehabilitation Project (C9617) (“Project”) and authorizing the Public Works Director to issue and record a Notice of Completion.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed. The City Council awarded the contract to C2R Engineering, Inc. (“Contractor”) in the amount of $3,058,576.40 and authorized the expenditure of contingency in the amount of $764,644.00, for a not-to-exceed contract in the amount of $3,823,220.40. The total cost to complete the Project was $2,643,766.93.

BACKGROUND:

In January 2013, the City completed the Sewer Collection System Master Plan (“Master Plan”) that identifies and prioritizes sanitary sewer pipelines for replacement and upsizing. In accordance with the Master Plan, staff has created two programs: Sewer System Capacity Assurance and Sewer System Rehabilitation.

Projects associated with the Sewer System Capacity Assurance Report were completed in 2017.

Therefore, staff are now focusing attention on projects to rehabilitate or replace all Grades 4 and 5 sewer defects in the sewer system. Grade 5 defects are considered the most serious defects encountered in sewer mains with Grade 4 defects being the next most critical.

The Sewer System Rehabilitation program is needed to address all the structurally deficient pipelines identified by the Master Plan. With a limited budget, approximately four to seven percent of the City’s defective pipes will be addressed each fiscal year, depending on the approved budget for that particular fiscal year.

The City’s sewer system is divided into 17 basins as depicted in the Sewer Master Plan. Staff created a systematic approach that will rehabilitate or replace all Grades 4 and 5 defects, basin by basin. The goal is to follow a program that will methodically and continuously monitor and improve the entire sewer system.

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The City Engineer signed the final bid set construction documents on April 21, 2025, which were approved by the City Council on April 28, 2025.

The Project was publicly advertised on April 29, 2025, and sealed bids were opened by the City Clerk on May 20, 2025. The City Council awarded the Project to the Contractor at its meeting on June 23, 2025. The Contractor began the Project on July 23, 2025.

ANALYSIS:

The Project was completed on July 23, 2026, in accordance with the approved Project plans and specifications. Therefore, staff recommend accepting the 2025 Sewer Rehabilitation Project (C9617) and authorizing the Public Works Director to issue and record a Notice of Completion.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt a Resolution accepting the 2025 Sewer Rehabilitation Project (C9617) and authorizing the Public Works Director to issue and record a Notice of Completion; or

2. Do not adopt the Resolution; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Jessica Lee, Civil Engineering Assistant; and
Steven Machida, Public Works Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Resolution

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RESOLUTION NO. 2026 – ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS ACCEPTING THE 2025 SEWER REHABILITATION PROJECT (C9617) AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ISSUE AND RECORD A NOTICE OF COMPLETION.

WHEREAS, in January 2013, the City completed the Sewer Collection System Master Plan (“Master Plan”) that identifies and prioritizes sanitary sewer pipelines for replacement and upsizing; and

WHEREAS, in accordance with the Master Plan, staff has created two programs: Sewer System Capacity Assurance and Sewer System Rehabilitation; and

WHEREAS, projects associated with the Sewer System Capacity Assurance Report were completed in 2017; and

WHEREAS, staff are now focusing attention on projects to rehabilitate or replace all Grades 4 and 5 sewer defects in the sewer system; and

WHEREAS, the Sewer System Rehabilitation program is needed to address all the structurally deficient pipelines identified by the Master Plan; and

WHEREAS, the goal is to follow a program that will methodically and continuously monitor and improve the entire sewer system; and

WHEREAS, the City Engineer signed the final bid set construction documents on April 21, 2025, which were approved by the City Council on April 28, 2025; and

WHEREAS, the Project was publicly advertised on April 29, 2025, and sealed bids were opened by the City Clerk on May 20, 2025; and

WHEREAS, the City Council awarded the Project to C2R Engineering, Inc. (“Contractor”) at its meeting on June 23, 2025; and

WHEREAS, the Contractor began the Project on July 23, 2025; and

WHEREAS, the Project was completed on July 23, 2026, in accordance with the approved Project Plans and Specifications.

NOW, THEREFORE BE IT RESOLVED, that the San Carlos City Council hereby accepts the 2025 Sewer Rehabilitation Project (C9617) and authorizes the Public Works Director to issue and record a Notice of Completion.
* * * * *

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I, City Clerk Crystal Mui, hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of San Carlos at a scheduled meeting thereof held on the 28th day of September 2026, by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
___________________________
MAYOR of the City of San Carlos
AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 28, 2026
ITEM TITLE: Adopt Ordinance 1638 Amending San Carlos Municipal Code Chapter

5.43 - Sidewalk Vending, to Conform with SB 635 and Making Findings Pursuant to the California Environmental Quality Act.

RECOMMENDATION:

Staff recommend that the City Council adopt Ordinance No. 1638, amending San Carlos Municipal Code Chapter 5.43 – Sidewalk Vending, to conform with SB 635 and making findings Pursuant to the California Environmental Quality Act.

FISCAL IMPLICATIONS:

There are no fiscal implications associated with this item unless enforcement increases.

BACKGROUND:

Senate Bill 946 was signed into law on September 17, 2018 and took effect on January 1, 2019.

The law limited the authority of cities and counties to regulate sidewalk vendors except in accordance with the provisions of California Government Code Sections 51036 to 51039. SB 635 further limits local authority over this field by adding privacy protections and barring local authorities and public health departments from asking about or collecting a sidewalk vendor's immigration status, place of birth, or criminal history. SB 635 also prohibits background checks:
such as requiring fingerprints, LiveScans, or background checks to issue sidewalk vending or compact mobile food operation permits. The bill also limits information sharing and forbids local enforcement and contracted nonpublic entities from sharing a vendor's personal identifying information with immigration enforcement agencies without a subpoena or judicial warrant.

Finally, the bill requires local jurisdictions to destroy any sensitive vendor data previously collected for permits on or before March 1, 2026.

Cities and counties must update their local sidewalk vending rules to match these privacy and enforcement limits.

A proposed Ordinance was brought to Council at its September 14, 2026 meeting, at which time the Council introduced the Ordinance to bring our local regulations in line with state law, with an amendment to add Whippets to the list of items prohibited from being vended.

ANALYSIS:

As a result of SB 635, the City’s current Sidewalk Vending Ordinance is out of compliance with state law. The proposed Ordinance will address these requirements. In addition, some clean-up

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is included in the Ordinance to recognize changes in the City since 2019, which are reflected in the redline/strikeout version of Chapter 5.43 in Exhibit B to the Ordinance. These updates include:
a. Adding a required definition for Compact Mobile Food Operation b. Adding “Pedestrian Mall” to the definitions
c. Updating the limitations on required identification
d. Prohibiting LiveScans or other background checks
e. Removing the requirement for Automobile insurance
f. Reducing the lead time to request a permit to 15 business days to ease compliance g. Remove Parks and Pedestrian Malls from where sidewalk vending is allowed h. Added or amended distance requirements, primarily in the Downtown Area i. Added sale of Kratom and Whippets or similar products to items prohibited from being vended
These updated regulations will also clarify and update time, place, and manner regulation of Sidewalk Vendors. The updated regulation of sidewalk vending will benefit the City as a whole as it will lead to orderly commerce while appropriately limiting the time, place, and manner of such vending consistent with SB 635.

The Sidewalk Vending Ordinance will continue to regulate vending on public sidewalks, pedestrian paths, and pedestrian walkways to reduce the potential for safety hazards and will include pedestrian malls in recognition of the Council establishing the pedestrian mall on the 700 block of Laurel Street in 2023. These regulations include, but are not limited to: inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food and merchandise; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic.

Regulation of sidewalk vendors will continue to provide accommodation for legal and permitted sidewalk vendors' equipment while safeguarding pedestrian movement on public sidewalks, parkways, pedestrian malls, pedestrian paths and walkways, easements and other public rights- of- way. The Ordinance will also provide regulation of sidewalk vendors engaged in the sale of food and food products to protect the public health and safety by ensuring that sidewalk vendors prepare food safely and in accordance with the requirements of the San Mateo County Department of Health.

Moreover, regulations of sidewalk vendors prohibit hazardous or unsanitary conditions and provide rules to ensure that trash and debris are removed by sidewalk vendors so they will not become a pollutant or public nuisance.

The City Council has the authority provided in SB 946, SB 635, and Government Code Sections 51036 through 51039 to adopt a sidewalk vending ordinance. The proposed Ordinance contains findings that the time, place, and manner regulations and requirements are: 1) directly related to the City's legitimate purpose of protecting the health, safety, and welfare of its residents, businesses, and visitors, including ensuring compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability standards; 2) protect the public's use and enjoyment of natural resources and recreational opportunities; and 3) are intended to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of city parks.

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CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The proposed Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Adopt Ordinance No. 1638 amending San Carlos Municipal Code Chapter 5.43 – Sidewalk Vending, to conform with SB 635 and making findings pursuant to the California Environmental Quality Act; or

2. Do not adopt Ordinance No. 1638; or

3. Provide staff with alternative direction.

Respectfully submitted by:

Gregory Rubens, City Attorney
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Ordinance 1638
Exhibit A to Ordinance – Sidewalk Vending Updates (Clean) Exhibit B to Ordinance – Sidewalk Vending Updated (Redlined)

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ORDINANCE NO. 1638

AN ORDINANCE OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE CHAPTER 5.43 – SIDEWALK VENDING, TO CONFORM WITH SB 635 AND MAKING FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

The City Council of the City of San Carlos does hereby ordain as follows:

SECTION 1. Findings.

The City Council of the City of San Carlos makes the following findings:

WHEREAS, Senate Bill 946 was signed into law on September 17, 2018 and took effect on January 1, 2019; and
WHEREAS, Senate Bill 946, which is codified at Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5 of the California Government Code, limits the authority of cities and counties to regulate sidewalk vendors except in accordance with the provisions of California Government Code Sections 51036 to 51039; and WHEREAS, Senate Bill 635 enacted changes to Senate Bill 946, further limiting local authority over this field by adding immigration status protections and prohibiting background checks, among other changes; and
WHEREAS, the City desires to amend Chapter 5.43 of the San Carlos Municipal Code to ensure compliance with Senate Bill 946 and Senate Bill 635; and WHEREAS, the changes to Chapter 5.43 also include administrative updates to ease administration of the program and reflect changed conditions since 2019 when Chapter 5.43 was first adopted. These changes include:
a) Adding a required definition for Compact Mobile Food Operation b) Adding “Pedestrian Mall” to the definitions
c) Updating the limitations on required identification
d) Prohibiting LiveScans or other background checks
e) Removing the requirement for Automobile insurance
f) Reducing the lead time to request a permit to 15 business days g) Remove Parks and Pedestrian Malls from where sidewalk vending is allowed h) Added or amended distance requirements, primarily in the Downtown Area i) Added sale of Kratom, Whippets, or similar products to items prohibited from being vended; and
WHEREAS, regulation of sidewalk vending will benefit the City as a whole as it will lead to orderly commerce while encouraging entrepreneurship and providing economic opportunity for people to support themselves and their families; and
WHEREAS, the act of vending on public sidewalks, pedestrian paths and pedestrian walkways creates the potential for safety hazards, including, but not limited to: inhibiting the ability

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of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food and merchandise; and creating obstacles and contributing to congestion for pedestrian, vehicle and bicycle traffic; and WHEREAS, regulation of sidewalk vendors are needed to accommodate sidewalk vendors' equipment while safeguarding pedestrian movement on public sidewalks, parkways, pedestrian malls, pedestrian paths and walkways, easements and other public rights-of-way; and WHEREAS, regulation of sidewalk vendors engaged in the sale of food and food products are needed to protect the public health and safety by ensuring that sidewalk vendors prepare food safely and in accordance with the requirements of the San Mateo County Department of Health and are prohibited from selling illegal or potentially dangerous products; and WHEREAS, regulation of sidewalk vendors are needed to prevent hazardous or unsanitary conditions and to ensure that trash and debris are removed by sidewalk vendors and do not become a pollutant or public nuisance; and
WHEREAS, the City Council adopts this Ordinance under the authority provided in Senate Bill 946, Senate Bill 635 and Government Code Sections 51036 through 51039 and finds that the time, place, and manner, regulations and requirements provided herein are directly related to the City's purpose of: protecting the health, safety and welfare of its residents, businesses and visitors, including ensuring compliance with the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability standards; ensuring the public's use and enjoyment of natural resources and recreational opportunities; and preventing an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of city parks.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of San Carlos as follows:

SECTION 2: The City Council hereby approves the Municipal Code Ordinance amendment attached as Exhibit A.

SECTION 3: 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 4: 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.

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SECTION 5: 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 14th day of September, 2026 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 28 th day of September, 2026 by the following vote:
________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibits:

A. Updated San Carlos Municipal Code Chapter 5.43 - Sidewalk Vending (Clean) B. Updated San Carlos Municipal Code Chapter 5.43 - Sidewalk Vending (Redline) AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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Chapter 5.43

SIDEWALK VENDING
Sections:

5.43.010 Definitions.

5.43.020 Permit required.

5.43.030 Permit application.

5.43.040 Criteria for issuance or denial of permit.

5.43.050 Denial of permit.

5.43.060 Conditions imposed on permit.

5.43.070 Permit expiration.

5.43.080 Permits nontransferable.

5.43.090 Revocation of permit.

5.43.100 Notice of hearing and grounds for rescission.

5.43.110 Emergency temporary suspension of permit.

5.43.120 Conduct of hearing on suspension or rescission.

5.43.130 Decision of hearing on suspension or rescission.

5.43.140 Appeal to Council.

5.43.150 Operating requirements.

5.43.160 Identification card.

5.43.170 Administrative citations.

5.43.010 Definitions.

A. For purposes of this chapter, the following definitions apply unless the context in which they are used clearly requires otherwise:
“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter. “Civic center” means the grounds, buildings, structures and open areas bounded by Elm Street to the northeast, Chestnut Street to the southwest, Cherry Street to the southeast and San Carlos Avenue to the northwest.

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“Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
“Director” means the Administrative Services Director of the City or his or her designee. “Downtown Area” for purposes of this chapter means that real property within the City that is circumscribed by the northerly and southerly sidewalks of the 1100, 1200 and 1300 blocks of San Carlos Avenue and the sidewalks lining both sides of the 600, 700, 800, 900 and 1000 blocks of Laurel Street.
“Fire station” means any facility where fire engines and other equipment of the City’s Fire Department are housed.
“Food” means any type of raw, cooked, or processed edible substance, including any food product or beverage.
“Merchandise” means any tangible goods or items that are not food. “Park” means a park facility described in Chapter 12.12. “Pedestrian Mall” means the Pedestrian Mall on the 700 Block of laurel Street established under Chapter 12.40
“Police station” means any facility where police vehicles and other equipment of the City’s Police Department are housed.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk” means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.
“Sidewalk vendor” means a person who vends from a vending cart or from one’s person upon a sidewalk.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

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“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.
“Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, City-sponsored holiday events, outdoor concerts, festivals, carnivals, and street fairs.
“Vend or vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. “Vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

5.43.020 Permit required.

No person shall engage in, conduct, or carry on the business of vending on a sidewalk without a permit issued under the provisions of this chapter.

5.43.030 Permit application.

Every person, prior to engaging in, conducting, or carrying on the business of vending on a sidewalk, shall file an application for a permit with the Director or his or her designee, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following:

The number collected shall not be available to the public for inspection, is confidential, and shall

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not be disclosed except as required to administer the permit or comply with a State law or State or Federal court order;
D. A description of the food and/or merchandise for vending; E. A description, map, or drawing of the areas in which the sidewalk vendor proposes to operate;
F. The dimensions of the vending cart;
G. The hours per day and the days per week during which the sidewalk vendor proposes to operate, and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
H. A current valid business tax registration certificate issued pursuant to Chapter 5.04; I. A current valid California seller’s permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
J. Proof of a policy or policies of comprehensive general liability insurance with minimum limits of one million dollars per occurrence, combined single limit coverage and two million dollars in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured. In addition, the permittee is required to carry workers’ compensation coverage sufficient to meet requirements of the State of California.

K. If a vendor of food or as a compact mobile food operation, certification of completion of a food handler course and proof of all required approvals from the San Mateo County Department of Health, including all permits required under County regulations; L. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees for any damage or injury caused to the City as a result of the sidewalk vending conduct or activity. The form of indemnification shall conform to the standard indemnification provisions of City agreements as amended from time to time, approved by the City Attorney;
M. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and

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N. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

Applications for permits shall be filed a minimum of fifteen (15) business days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of fifteen (15) business days prior to the expiration of any existing permit.

5.43.040 Criteria for issuance or denial of permit.

The Director shall approve the issuance of a permit unless he or she determines that:

A. The applicant has been convicted of a felony or misdemeanor involving moral turpitude, based on publicly available information. However, no LiveScan or similar background check shall be required as a condition for a permit.;
B. The applicant has made a material misrepresentation in the application; C. The applicant has failed to demonstrate an ability to conform to the operating requirements set forth in Section 5.43.150;
D. The applicant has failed to provide a complete application, after having been notified of the requirement to produce supplemental information or documents; E. The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property;
F. If the application is for the renewal of a permit or a subsequent permit, the applicant has failed to pay all previous administrative fines, completed all community service or completed any other alternative disposition associated in any way with a previous violation of this chapter; or G. If the application is for the renewal of a permit or a subsequent permit, the applicant has had a permit issued under this chapter rescinded within the last twelve months.

5.43.050 Denial of permit.

Where the permit is denied, the applicant shall be notified in writing in accordance with Chapter 1.20 of the denial and the reasons therefor.

5.43.060 Conditions imposed on permit.

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Any person issued a permit pursuant to this chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to Sections 5.43.150 and 5.43.160.

5.43.070 Permit expiration.

A permit issued pursuant to this chapter shall be effective for a period of one year from the date of issuance.

5.43.080 Permits nontransferable.

No permit issued pursuant to this chapter shall be transferable.

5.43.090 Revocation of permit.

The Director may rescind a permit issued under this chapter for any of the following reasons:

A. The sidewalk vendor has made a material misrepresentation in the application; B. The sidewalk vendor has committed violations of this chapter on four or more separate days;
C. The sidewalk vendor has failed to maintain the insurance required by this chapter; D. The sidewalk vendor has failed to comply with Federal, State or local laws and regulations; or
E. The sidewalk vendor has conducted the vending in a manner which endangers the public health or safety.

5.43.100 Notice of hearing and grounds for rescission.

Prior to the rescission of a permit issued under this chapter, the permittee shall be notified in writing of the grounds for the rescission of the permit and a hearing shall be held thereon. The City Clerk shall cause a written notice of the hearing to be given to the appellant not less than ten days prior to such hearing.

5.43.110 Emergency temporary suspension of permit.

Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this chapter may be summarily suspended upon notice to the permittee; provided, that the permittee shall be entitled to a hearing within three days thereafter and any emergency suspension shall not exceed fifteen days pending a hearing under Section 5.43.100.

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5.43.120 Conduct of hearing on suspension or rescission.

The Director shall promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee’s behalf.

5.43.130 Decision of hearing on suspension or rescission.

The decision of the Director or his or her designee shall be rendered within five days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing in accordance with Chapter 1.20.

5.43.140 Appeal to Council.

Any final decision of the Director to issue, deny, revoke or suspend a permit pursuant to this chapter may be appealed to the City Council in accordance with Chapter 1.25.

5.43.150 Operating requirements.

A. Except as otherwise permitted in this chapter or this Code, no sidewalk vendor shall vend in the following locations:

1. Any public property other than a sidewalk, including, without limitation, streets, alleys, parks, plazas, pedestrian malls, pathways, trails and City-owned parking structures;

2. Within two hundred feet of any other sidewalk vendor;

3. Within five hundred feet of the nearest property line of any property on which a place of worship or a large or general child day care facility is located while the same is in use;

4. Within five hundred feet of the nearest property line of any property on which a school building or facility, including an athletic field, is located while the same is in use, including for afterschool child care, enrichment classes and sports;

5. Within one hundred feet of a public picnic area, playground area or playground equipment while the same is in use;

6. Within one hundred feet of a public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court while the same is in use;

7. Within one hundred feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;

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8. If a stationary sidewalk vendor, within any sidewalk that is not a minimum width of eight feet, exclusive of curb width;

9. Within one hundred feet of a street intersection or traffic signal;

10. Within one hundred feet of any entrance to a park;

11. Within twenty-five feet of a litter receptacle, bike rack, or restroom;

12. Within fifteen feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;

13. If a stationary vendor, within twenty-five feet of a door or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business within the premises. For mobile sidewalk vendors there shall be no vending within ten feet of an entrance of exit of any business during the hours that the business is open to the public;

14. Within twenty-five feet of a pedestrian entrance/exit or elevator lobby of a City- owned parking structure;

15. With four feet of parking along a curb;

16. Within three feet of a red curb or loading zone or a curb if posted for permanent no parking;

17. Within one hundred feet of an alley, parking lot or parking garage vehicle entrance/exit;

18. Within ten feet of any driveway or driveway approach;

19. Within ten feet of a marked crosswalk;

20. Within ten feet of the curb return of an unmarked crosswalk;

21. Within any median strip or dividing section;

22. Within forty feet of a bus loading zone or staging zone during the time posted;

23. Within twenty-five feet of a bus stop, taxi stand, bus bench, or bus shelter;

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24. Within twenty-five feet of a space lawfully used by an automobile parking service pursuant to a valid valet parking permit during any time when such automobile parking service is authorized to operate valet parking operations;

25. Within two hundred feet of a police station or fire station;

26. Within two hundred feet of the Caltrain station entrances or exits;

27. Within fifteen feet of an automated teller machine;

28. If a stationary sidewalk vendor, within a park owned or operated by the City if the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;

29. Within two hundred feet of the Civic Center;

30. Within two hundred feet of a backup City Emergency Operations Center, identified in the City’s Emergency Operations Plan, during the operational period;

31. Within one hundred feet of the Downtown Area for the duration of the special event permit for each of the Hometown Days parade, the Art and Wine Faire, the Halloween Goblin Walk, and the Night of Holiday Lights; provided, that any notice provided by the City to affected businesses or property owners under such special event permits is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;

32. Within one hundred feet of the Downtown Area for the duration of a special event permit for any large-scale special event which includes a street closure; provided, that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;

33. If a stationary sidewalk vendor, within areas zoned exclusively for residential use or within one hundred seventy feet of any areas zoned exclusively for residential use;

34. Within five hundred feet of a permitted certified farmers’ market or a permitted swap meet within the hours of operation;

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35. Within five hundred feet of an area designated for a temporary special event permit for the duration of the temporary special permit; provided, that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;

36. Within fifty feet of a public art installation;

37. Within one hundred feet of an open air dining area;

38. Within twenty-five feet of a public pathway, hiking trailhead or entrance; or

39. On any public hiking trail or public pathway.

B. Sidewalk vendors shall ensure that all required insurance is maintained for the duration of the permit and shall show proof of insurance to a City official upon request.

C. Sidewalk vendors must at all times maintain a clearance of not less than forty-eight inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

D. In areas not zoned exclusively for residential use, sidewalk vending is permitted only between the hours of seven a.m. and ten p.m., except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street.

E. In areas zoned exclusively for residential use or within one hundred seventy feet of any areas zoned exclusively for residential use, sidewalk vending is permitted only between the hours of nine a.m. and eight p.m.

F. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.

G. If a stationary sidewalk vendor, the vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The vendor’s litter receptacle may not be left on the sidewalk upon leaving any vending location. The vendor shall not empty its litter receptacle into a City refuse container.

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H. If a roaming sidewalk vendor vending from a vending cart, the vendor shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. The vendor shall not empty its litter receptacle into a City refuse container.

I. Sidewalk vendors shall maintain a neat, sanitary, hazard- and trash-free ten-foot radius of the vending location during hours of operation, and prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all litter generated by the vending operations within a ten-foot radius of the vending location in the sidewalk vendor’s litter receptacle. Sidewalk vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, food, or other discarded or abandoned objects, in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant.

J. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on a sidewalk or public property.

K. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within one hundred feet of a publicly accessible restroom.

L. Sidewalk vendors must ensure that food and merchandise are securely fastened to the vending cart in such a manner that the food or merchandise does not fall off or extend outside of the frame of the vending cart.

M. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.

N. Vending carts shall not be placed on any public property other than a sidewalk.

O. Vending carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.

P. All signage and advertising related in any way to the sidewalk vendor must be attached to the vending cart or the sidewalk vendor’s person, and shall not be electrical, flashing, wind- powered or animated.

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Q. A vending cart approved by the San Mateo County Health Department to vend one type or types of food may not be used to vend a different type of food.

R. Sidewalk vendors shall possess at all times, while vending, a copy of a valid current permit issued pursuant to this chapter, as well as any other permit required by any other appropriate governmental agency. The sidewalk vendor permit shall be displayed conspicuously at all times on the vending cart or the sidewalk vendor’s person. If multiple sidewalk vendors are staffing a vending cart or working as roaming sidewalk vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the sidewalk vendor shall display a copy of the permit upon request by authorized City employees.

S. If a sidewalk vendor of food, the vendor shall possess and display in plain view on the vending cart a valid current mobile food facility permit from the San Mateo County Health Department and, if issued by the San Mateo County Health Department, a grade.

T. Sidewalk vendors shall comply with all applicable State and local laws, as amended from time to time, including without limitation Title 18 (Noise Regulations), the County Health Code, State food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both State and Federal).

U. Not including an attached litter receptacle, vending carts shall not exceed a length of four feet, a width of four feet, or a height, including a roof, umbrella, or awning, of ten feet; provided, that any umbrella or awning shall be no less than seven feet above the surface of the sidewalk.

V. Vending carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas, except that one chair and one umbrella may be provided for the purpose of allowing the vendor or an employee to be seated in shade.

W. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.

X. Vending carts for food shall be stored in accordance with all requirements of the San Mateo County Department of Public Health.

Y. Vending carts shall have locking wheels to prevent uncontrolled movement.

Z. Vending carts shall not be left unattended.

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AA. Vending carts shall not be left overnight on any public property or rights-of way.

BB. Sidewalk vendors shall not engage in any of the following activities:

1. Using verbal or physical conduct that would cause a reasonable person to fear for his or her safety;

2. Intentionally causing physical contact with any member of the public, other than for the purpose of delivering vended items to a customer;

3. Following a person who walks away after expressing a desire to not be vended to;

4. Approaching a person on a bicycle or occupying a motor vehicle other than a commercial vehicle or emergency vehicle offering services to the public;

5. Approaching a person standing in line, seated in an outdoor dining area, or similarly stationary for a specific purpose, so that, to a reasonable person, it is apparent that the purpose would be frustrated by relocation to avoid the sidewalk vendor;

6. Intentionally blocking the path of the person being vended to or who has expressed a desire to not be vended to;

7. Impeding or obstructing ingress to or egress from any private property or any structure, parking space or loading facility;

8. Renting merchandise to customers;

9. Vending lottery tickets, alcohol, cannabis, adult-oriented material, tobacco kratom or similar products, whippets, or electronic cigarette products;

10. Knowingly making false statements or misrepresentations during the course of vending;

11. Vending illegal or counterfeit products or merchandise;

12. Bartering, exchanging, selling, offering for sale, displaying for sale, or soliciting offers to purchase services;

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13. Interfering in any way with anyone engaged in a physical activity or entering onto any park, playing field, sport or similar facility for use by participants or approaching spectators who are watching a sporting activity to vend;

14. To prevent dangerous distractions, making any outcry, blowing a horn, ringing a bell, or using any sound devices or musical instrument for the purpose of attracting the attention of potential patrons;

15. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;

16. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or

17. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles.

5.43.160 Identification card.

Every sidewalk vendor shall obtain a business registration certificate and pay the required fee issued under Chapter 5.04 and shall have a valid and current registration certificate in their possession at all times when engaged in sidewalk vending. Such certificate shall be displayed to any police officer, deputy or other authorized City employee upon request of such police officer, deputy or authorized City employee.

5.43.170 Administrative citations.

A. A violation of this chapter by a sidewalk vendor who has a valid current permit issued by the City pursuant to this chapter is punishable only by an administrative citation, in amounts not to exceed the following:

1. One hundred dollars for a first violation.

2. Two hundred dollars for a second violation within one year of the first violation.

3. Five hundred dollars for each additional violation within one year of the first violation.

4. The City may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

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B. A person engaged in sidewalk vending without a valid current permit issued pursuant to this chapter is punishable only by an administrative citation pursuant to Article 3 of Chapter 3 of Title 1, in amounts not to exceed the following, in lieu of the amounts set forth in subsection A of this section:

1. Two hundred fifty dollars for a first violation.

2. Five hundred dollars for a second violation within one year of the first violation.

3. One thousand dollars for each additional violation within one year of the first violation.

4. Upon proof of a valid permit issued by the City pursuant to this chapter, the administrative citations set forth in this subsection B shall be reduced to the amounts set forth in subsection A of this section.

C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this chapter is committed, continued, or permitted by any person.

D. A violation of this chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

E. When assessing administrative citations pursuant to this chapter, the administrative hearing officer shall take into consideration the person’s ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability- to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent of an administrative citation imposed pursuant to this chapter.

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G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

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Chapter 5.43

SIDEWALK VENDING
Sections:

5.43.010 Definitions.

5.43.020 Permit required.

5.43.030 Permit application.

5.43.040 Criteria for issuance or denial of permit.

5.43.050 Denial of permit.

5.43.060 Conditions imposed on permit.

5.43.070 Permit expiration.

5.43.080 Permits nontransferable.

5.43.090 Revocation of permit.

5.43.100 Notice of hearing and grounds for rescission.

5.43.110 Emergency temporary suspension of permit.

5.43.120 Conduct of hearing on suspension or rescission.

5.43.130 Decision of hearing on suspension or rescission.

5.43.140 Appeal to Council.

5.43.150 Operating requirements.

5.43.160 Identification card.

5.43.170 Administrative citations.

5.43.010 Definitions.

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“Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
“Director” means the Administrative Services Director of the City or his or her designee. “Downtown Aarea” for purposes of this chapter means that real property within the City that is circumscribed by the northerly and southerly sidewalks of the 1100, 1200 and 1300 blocks of San Carlos Avenue and the sidewalks lining both sides of the 600, 700, 800, 900 and 1000 blocks of Laurel Street.
“Fire station” means any facility where fire engines and other equipment of the City’s Fire Department are housed.
“Food” means any type of raw, cooked, or processed edible substance, including any food product or beverage.
“Merchandise” means any tangible goods or items that are not food. “Park” means a park facility described in Chapter 12.12. “Pedestrian Mall” means the Pedestrian Mall on the 700 Block of laurel Street established under Chapter 12.40
“Police station” means any facility where police vehicles and other equipment of the City’s Police Department are housed.
“Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
“Sidewalk” means a public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel.
“Sidewalk vendor” means a person who vends from a vending cart or from one’s person upon a sidewalk.
“Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.

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“Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.
“Temporary special permit” means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, City-sponsored holiday events, outdoor concerts, festivals, carnivals, and street fairs.
“Vend or vending” means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation. “Vending cart” means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

5.43.020 Permit required.

No person shall engage in, conduct, or carry on the business of vending on a sidewalk without a permit issued under the provisions of this chapter.

5.43.030 Permit application.

A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; C. A copy of a California driver’s license or identification number, an individual taxpayer identification number, or a California drivers license or identification number, an individual taxpayer identification number municipal identification number in lieu of a Social Security number. The number collected shall not be available to the public for inspection, is confidential,

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and shall not be disclosed except as required to administer the permit or comply with a State law or State or Federal court order;
D. A description of the food and/or merchandise for vending; E. A description, map, or drawing of the areas in which the sidewalk vendor proposes to operate;
F. The dimensions of the vending cart;
G. The hours per day and the days per week during which the sidewalk vendor proposes to operate, and whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
H. A current valid business tax registration certificate issued pursuant to Chapter 5.04; I. A current valid California seller’s permit number pursuant to Section 6067 of the California Revenue and Taxation Code;
J. Proof of a policy or policies of comprehensive general liability insurance with minimum limits of one million dollars per occurrence, combined single limit coverage and two million dollars in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the City as an additional insured. In addition, the permittee is required to carry workers’ compensation and automobile coverage sufficient to meet requirements of the State of California.

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N. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.

Applications for permits shall be filed a minimum of fifteen (15) thirty business days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of fifteen (15) business thirty days prior to the expiration of any existing permit.

5.43.040 Criteria for issuance or denial of permit.

The Director shall approve the issuance of a permit unless he or she determines that:

A. The applicant has been convicted of a felony or misdemeanor involving moral turpitude, based on publicly available information. However, no LiveScan or similar background check shall be required as a condition for a permit.and has not subsequently demonstrated rehabilitative characteristics;
B. The applicant has made a material misrepresentation in the application; C. The applicant has failed to demonstrate an ability to conform to the operating requirements set forth in Section 5.43.150;
D. The applicant has failed to provide a complete application, after having been notified of the requirement to produce supplemental information or documents; E. The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property;
F. If the application is for the renewal of a permit or a subsequent permit, the applicant has failed to pay all previous administrative fines, completed all community service or completed any other alternative disposition associated in any way with a previous violation of this chapter; or G. If the application is for the renewal of a permit or a subsequent permit, the applicant has had a permit issued under this chapter rescinded within the last twelve months.

5.43.050 Denial of permit.

Where the permit is denied, the applicant shall be notified in writing in accordance with Chapter 1.20 of the denial and the reasons therefor.

5.43.060 Conditions imposed on permit.

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Any person issued a permit pursuant to this chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to Sections 5.43.150 and 5.43.160.

5.43.070 Permit expiration.

A permit issued pursuant to this chapter shall be effective for a period of one year from the date of issuance.

5.43.080 Permits nontransferable.

No permit issued pursuant to this chapter shall be transferable.

5.43.090 Revocation of permit.

The Director may rescind a permit issued under this chapter for any of the following reasons:

5.43.100 Notice of hearing and grounds for rescission.

5.43.110 Emergency temporary suspension of permit.

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5.43.120 Conduct of hearing on suspension or rescission.

The Director shall promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee’s behalf.

5.43.130 Decision of hearing on suspension or rescission.

5.43.140 Appeal to Council.

Any final decision of the Director to issue, deny, revoke or suspend a permit pursuant to this chapter may be appealed to the City Council in accordance with Chapter 1.25.

5.43.150 Operating requirements.

A. Except as otherwise permitted in this chapter or this Code, no sidewalk vendor shall vend in the following locations:

1. Any public property other than a sidewalk, including, without limitation, streets, alleys, parks, plazas, pedestrian malls, pathways, trails and City-owned parking structures;

2. Within two hundred feet of any other sidewalk vendor;

3. Within five hundred feet of the nearest property line of any property on which a place of worship or a large or general child day care facility is located while the same is in use;

5. Within one hundred feet of a public picnic area, playground area or playground equipment while the same is in use;

7. Within one hundred feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public;

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8. If a stationary sidewalk vendor, within any sidewalk that is not a minimum width of eight feet, exclusive of curb width;

9. Within one hundred feet of a street intersection or traffic signal;

10. Within one hundred feet of any entrance to a park;

11. Within twenty-five feet of a litter receptacle, bike rack, or restroom;

12. Within fifteen feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller;

13. If a stationary vendor, wWithin twenty-five feet of a door or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business within the premises. For mobile sidewalk vendors there shall be no vending within ten feet of an entrance of exit of any business during the hours that the business is open to the public;

14. Within twenty-five feet of a pedestrian entrance/exit or elevator lobby of a City- owned parking structure;

15. With four feet of parking along a curb;

16. Within three feet of a red curb or loading zone or a curb if posted for permanent no parking;

17. Within one hundred feet of an alley, parking lot or parking garage vehicle entrance/exit;

18. Within ten feet of any driveway or driveway approach;

19. Within ten feet of a marked crosswalk;

20. Within ten feet of the curb return of an unmarked crosswalk;

21. Within any median strip or dividing section;

22. Within forty feet of a bus loading zone or staging zone during the time posted;

23. Within twenty-five feet of a bus stop, taxi stand, bus bench, or bus shelter;

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25. Within two hundred feet of a police station or fire station;

26. Within two hundred feet of the Caltrain station entrances or exits;

27. Within fifteen feet of an automated teller machine;

29. Within two hundred feet of the Civic Center;

30. Within two hundred feet of a backup City Emergency Operations Center, identified in the City’s Emergency Operations Plan, during the operational period;

31. Within one hundred feet of the Ddowntown Aarea for the duration of the special event permit for each of the Hometown Days parade, Chamber of Commerce the Art and Wine Faire, the Halloween Goblin Walk, and the Night of Holiday Lights; provided, that any notice provided by the City to affected businesses or property owners under such special event permits is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;

32. Within one hundred feet of the Ddowntown Aarea for the duration of a the special event permit for any large-scale special event which includes a street closure; provided, that any notice provided by the City to affected businesses or property owners under such special event permit is also provided to sidewalk vendors with a valid current sidewalk vending permit issued pursuant to this chapter;

33. If a stationary sidewalk vendor, within areas zoned exclusively for residential use or within one hundred seventy feet of any areas zoned exclusively for residential use;

34. Within five hundred feet of a permitted certified farmers’ market or a permitted swap meet within the hours of operation;

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36. Within fifty feet of a public art installation;

37. Within one hundred feet of an open air dining area;

38. Within twenty-five feet of a public pathway, hiking trailhead or entrance; or

39. On any public hiking trail or public pathway.

B. Sidewalk vendors shall ensure that all required insurance is maintained for the duration of the permit and shall show proof of insurance to a City official upon request.

F. If a sidewalk vendor of food other than solely prepacked food, the vendor shall possess hand sanitizer for use by the sidewalk vendor and patrons.

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H. If a roaming sidewalk vendor vending from a vending cart, the vendor shall maintain a litter receptacle attached to the vending cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. The vendor shall not empty its litter receptacle into a City refuse container.

J. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on a sidewalk or public property.

K. If a stationary sidewalk vendor remains in place for one hour or longer, the sidewalk vendor must be located within one hundred feet of a publicly accessible restroom.

M. All food and merchandise shall be stored either inside or affixed to the vending cart or carried by the sidewalk vendor.

N. Vending carts shall not be placed on any public property other than a sidewalk.

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Q. A vending cart approved by the San Mateo County Health Department to vend one type or types of food may not be used to vend a different type of food.

W. Vending carts for merchandise, if stored in the City, shall be fully enclosed by a structure with walls and a roof when not in use for sidewalk vending.

X. Vending carts for food shall be stored in accordance with all requirements of the San Mateo County Department of Public Health.

Y. Vending carts shall have locking wheels to prevent uncontrolled movement.

Z. Vending carts shall not be left unattended.

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AA. Vending carts shall not be left overnight on any public property or rights-of way.

BB. Sidewalk vendors shall not engage in any of the following activities:

1. Using verbal or physical conduct that would cause a reasonable person to fear for his or her safety;

2. Intentionally causing physical contact with any member of the public, other than for the purpose of delivering vended items to a customer;

3. Following a person who walks away after expressing a desire to not be vended to;

4. Approaching a person on a bicycle or occupying a motor vehicle other than a commercial vehicle or emergency vehicle offering services to the public;

6. Intentionally blocking the path of the person being vended to or who has expressed a desire to not be vended to;

7. Impeding or obstructing ingress to or egress from any private property or any structure, parking space or loading facility;

8. Renting merchandise to customers;

9. Vending lottery tickets, alcohol, cannabis, adult-oriented material, ortobacco kratom or similar products, whippets, or electronic cigarette products;

10. Knowingly making false statements or misrepresentations during the course of vending;

11. Vending illegal or counterfeit products or merchandise;

12. Bartering, exchanging, selling, offering for sale, displaying for sale, or soliciting offers to purchase services;

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13. In parks, Iinterfering in any way with anyone engaged in a physical activity or entering onto any park, playing field, sport or similar facility for use by participants or approaching spectators who are watching a sporting activity to vend;

15. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation;

16. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or

17. Vending in a manner that blocks or obstructs the free movement of vehicles, including parked vehicles.

5.43.160 Identification card.

5.43.170 Administrative citations.

1. One hundred dollars for a first violation.

2. Two hundred dollars for a second violation within one year of the first violation.

3. Five hundred dollars for each additional violation within one year of the first violation.

4. The City may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

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B. A person engaged in sidewalk vending without a valid current permit issued pursuant to this chapter is punishable only by an administrative citation pursuant to Article 3 of Chapter 3 of Title 1, in amounts not to exceed the following, in lieu of the amounts set forth in subsection A of this section:

1. Two hundred fifty dollars for a first violation.

2. Five hundred dollars for a second violation within one year of the first violation.

3. One thousand dollars for each additional violation within one year of the first violation.

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G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

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CITY COUNCIL

STAFF REPORT
MEETING DATE: September 28, 2026
ITEM TITLE: Consideration of Introducing an Ordinance Amending San Carlos Municipal Code Title 18, Sections 18.05.020 – Mixed-Use Districts Land Use Regulations, 18.060.020 – Commercial Districts Land Use Regulations, 18.07.020 – Industrial Districts Land Use Regulations, and 18.23 – Standards for Specific Uses and Activities, for a Tobacco Retailer Permit Requirement.

RECOMMENDATION:

Staff recommend Council consider introducing an Ordinance approving amendments to the San Carlos Municipal Code Sections 18.05.020 - Mixed-Use Districts Land Use Regulations,

18.06.020 - Commercial Districts Land Use Regulations, 18.07.020 - Industrial Districts Land Use Regulations, and 18.23 - Standards for Specific Uses and Activities, to include a new section for Tobacco Retail Sales.

FISCAL IMPLICATIONS:

There are no fiscal implications, and no additional funding is needed.

BACKGROUND:

San Carlos Municipal Code Section 8.07.110 currently requires that no tobacco retailer or other person shall sell or offer for sale any tobacco product without a current and valid tobacco retailer permit from San Mateo County for each location where such activities are conducted. During recent reviews of proposed businesses, staff noted that it would be more helpful to integrate the tobacco ordinance County permit requirements into the Zoning Code (Title 18) to ensure consistency across the Municipal Code.

The proposed updates involve adding references to the requirements of Section 8.07.110 within the land use tables for Mixed-Use Districts, Commercial Districts, and Industrial Districts, and establishing the requirements of Section 8.07.110 within Section 18.23 governing Standards for Specific Uses and Activities.

On August 17, 2026, the Planning and Transportation Commission approved Resolution PTC2026-10 recommending that the City Council consider introducing this ordinance. The Commission also requested additional language be added to clarify that tobacco retailers are also subject to all other requirements of the Municipal Code.

ANALYSIS:

While Chapter 8.07.110 currently regulates the permitting process for tobacco retailers, the

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Zoning Ordinance does not explicitly reference these requirements within its land use regulations, and adding a reference would improve clarity for tobacco retail businesses.

Overview of Proposed Amendments
The proposed amendments include:
Section 18.05.020 (Mixed-Use Districts Land Use Regulations): Adding a note under the "Additional Regulations" column for "Retail Sales" land use classifications to cross- reference the tobacco retailer permit requirements.
Section 18.06.020 (Commercial Districts Land Use Regulations): Adding a note under the "Additional Regulations" column for "Retail Sales" land use classifications to cross- reference the tobacco retailer permit requirements.
Section 18.07.020 (Industrial Districts Land Use Regulations): Adding a note under the "Additional Regulations" column for "Retail Sales" land use classifications to cross- reference the tobacco retailer permit requirements.
Chapter 18.23 (Standards for Specific Uses and Activities): Inserting a new section specifically for tobacco retail sales referencing the requirement of Section 8.07.110, which states, “No tobacco retailer or other person shall sell or offer for sale any tobacco product without a current and valid tobacco retailer permit from San Mateo County for each location where such activities are conducted” and including language advising that tobacco retailers must comply with all applicable regulations and laws.

Impact of Proposed Amendments
The amendments serve to align the Zoning Code with existing language in the San Carlos Municipal Code. These changes ensure that any new or existing tobacco retail business is clearly informed of the necessity of the San Mateo County Tobacco Retailer Permit as defined in SCMC

8.07.110. They also provide clarity for staff and business owners regarding the prerequisites for operating a tobacco retail establishment within the City.

Public Hearing Notice
This Public Hearing was noticed per State Law and published in the newspaper on September 17, 2026 (Attachment 3). As of the writing of this report, no public comments have been received.

Environmental Determination
This project has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect in the environment. As a text amendment, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

ALTERNATIVES:

The alternatives available to the City Council include:

1. Introduce an Ordinance Amending Title 18 of the San Carlos Municipal Code; or

2. Do not introduce the proposed Ordinance; or

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4 3
2 6

3. Provide staff with alternative direction.

Respectfully submitted by:

Andrea Mardesich, Assistant Community Development Director; and Al Savay, Community Development Director
Approved for submission by:
____________________________
Kathy Kleinbaum, City Manager
ATTACHMENT(S):

1. Proposed Ordinance with Exhibit A - Proposed Municipal Code Changes (with redlines)

2. Planning and Transportation Commission Resolution PTC2026-10

3. Public Notice

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SAN CARLOS AMENDING SAN CARLOS MUNICIPAL CODE TITLE 18, SECTIONS 18.05.020 - MIXED-USE DISTRICTS LAND USE REGULATIONS, 18.06.020 - COMMERCIAL DISTRICTS LAND USE REGULATIONS,

18.07.020 - INDUSTRIAL DISTRICTS LAND USE REGULATIONS, AND 18.23 - STANDARDS

FOR SPECIFIC USES AND ACTIVITIES, FOR A TOBACCO
RETAILER PERMIT REQUIREMENT.

SECTION 1: The City Council of the City of San Carlos does hereby ordain as follows:

WHEREAS, San Carlos Municipal Code Section 8.07.110 requires that no tobacco retailer or other person shall sell or offer for sale any tobacco product without a current and valid tobacco retailer permit from San Mateo County for each location where such activities are conducted; and WHEREAS, it is recommended to update the Zoning Code (Title 18) to reflect this existing requirement and ensure consistency across the Municipal Code; and WHEREAS, the proposed amendments would add a cross-reference to the County permit requirements of Section 8.07.110 in the land use tables of Sections 18.05.020 (Mixed-Use Districts Land Use Regulations), 18.06.020 (Commercial Districts Land Use Regulations), 18.07.020 Industrial Districts Land Use Regulations and add a new section for Tobacco Retail Sales in Chapter

18.23 (Standards for Specific Uses and Activities); and WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.35.050 and California Government Code Section 65090 and 650901, a Public Hearing Notice for the Planning and Transportation Commission was Published on August 6, 2026 for the draft San Carlos Municipal Code Zoning Amendments in the newspaper, and distributed to interested parties; and these changes and render a recommendation to the City Council; and WHEREAS, the Planning and Transportation Commission conducted a public hearing to hear and consider all comments of all persons interested in or concerned with the proposed amendments of the City of San Carlos Municipal Code on August 17, 2026 in consideration of a recommendation to the City Council regarding adoption of an Ordinance; and WHEREAS, the proposed amendments to the San Carlos Municipal Code as mentioned above are exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect on the environment. As a text amendment, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.35.050 and California Government Code Section 65090 and 650901, a Public Hearing Notice for the City Council hearing was Published on September 17, 2026 for the draft San Carlos Municipal Code Zoning Amendments in the newspaper, and distributed to interested parties; and WHEREAS, City Council has received a recommendation from the Planning and Transportation Commission Resolution PTC2026 – 10 as a result of a Public Hearing held at the Planning and Transportation Commission Meeting August 17, 2026 and has considered the recommendation of the Planning and Transportation Commission for regulations in the San Carlos Municipal Code including Planning and Transportation Commission findings for amendments to the Title 18 and the reasons for the recommendations, the relationship of the proposed ordinance or amendments to the Zoning Ordinance (Title 18), and 2030 General Plan.

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WHEREAS, the City Council finds the Ordinance update process evaluated the existing ordinance and explored options for changes based on evidence and best practices in other communities and industry experts; and
SECTION 2: The City Council makes the following findings:

A. The proposed ordinance amendments are consistent with the General Plan.

The General Plan includes the following goal:
• Goal LU-5: Support and maintain land uses that contribute to a vibrant and resilient local economy and support the fiscal well-being of the City.

Basis for Finding: This ordinance amendment contributes to the goal of supporting and maintaining land uses that contribute to the local economy by ensuring that tobacco retail businesses are operating in accordance with the guidelines of the County and the City.

B. The ordinance amendment is consistent with the purpose of the zoning 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.

Basis for Finding: The proposed ordinance amendments promote orderly operations of businesses and protect public health by making clear the requirements necessary to operate a tobacco retail business within relevant sections of the Zoning Code, ensuring that tobacco retailers adhere to the health and safety standards established by the County and the City.

SECTION 3: Replacement of Code. San Carlos Municipal Code Sections 18.05.020 (Mixed-Use Districts Land Use Regulations), 18.06.020 (Commercial Districts Land Use Regulations), 18.07.020 Industrial Districts Land Use Regulations and Section 18.23 (Standards for Specific Uses and Activities) is hereby replaced with the language in Exhibit A.

SECTION 4: California Environmental Quality Act Determination. The City Council hereby finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect in the environment. As a text amendment, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

SECTION 5: Severability. 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 6: 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 28th day of September, 2026 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 ____, 2026 by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

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________________________________
CITY CLERK of the City of San Carlos
APPROVED:
____________________________
MAYOR of the City of San Carlos
Exhibit A – Proposed Changes

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EXHIBIT A – Proposed Changes

18.05.020 Land Use Regulations.

Table 18.05.020 prescribes the land use regulations for mixed-use districts. Parcels located within an adopted Specific Plan area shall comply with the land use regulations as specified within the Specific Plan. 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 and Transportation 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.

TABLE 18.05.020: LAND USE REGULATIONS—MIXED-USE DISTRICTS Use
Classification
s
MU-
DC-
100
MU-D-
100
MU-D-
120
MU-
SC-
120
MU-
NB-
120
MU-
SB-100
MU-
SB-120
MU-N-
40 MU-N-
50 MU-N-
120
Additional
Regulations
Residential Uses
Residential
Housing
Types
See subclassifications below
Multi-Unit
Residential
P(1
)
P(1) P(2) P P(2) P P(2) P(3) P(2) P(2)
Accessory
Dwelling Unit
P P P P P P P P P P Only if it includes a
proposed or existing
dwelling
Junior
Accessory
Dwelling Unit
- - - - - - - - - -
Elderly and
Long-Term
Care
- - - C - - - - - -
Family Child
Care
See subclassifications below
Small P P P P P P P P P P

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Large P P P P P P P P P P See
Section 18.23.090,
Day care centers
and large family
child care homes
Residential
Care
Facilities
See subclassifications below
General - M(1) M(1) M - - - - - - See
Section 18.23.200,
Residential care
facilities
Limited P P P P P P P P P P
Senior - M(1) M(1) M - - - - - - See
Section 18.23.200,
Residential care
facilities
Single Room
Occupancy
C(1
)
C(1) C(1) C C(1) C(1) C(1) C(3,1
4)
C C See
Section 18.23.220,
Single room
occupancy hotels
Transitional
Housing
P P P P P P P P P P See
Section 18.23.250,
Transitional and
supportive housing
Supportive
Housing
P P P P P P P P P P See
Section 18.23.250,
Transitional and
supportive housing
Public and Semi-Public Uses
Colleges and
Trade
Schools,
Public or
Private
- - - - P P P - - -
Community
Assembly,
Less Than
3,500 Square
Feet
- P P P P P P M M M
Community
Assembly,
3,500 Square
Feet or More
- C C C M M M - - -
See
Section 18.23.080,
Community
assembly facilities
Community
Garden

P P P P P P P P P P
Cultural
Institutions
C(4
)

P P C M M M M M M
Day Care
Centers
- P P P P P P P P P See
Section 18.23.090,
Day care

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Emergency
Shelter
- - - - P P P - - - See
Section 18.23.110,
Emergency shelters
Government
Offices
- P P P P P P P P P
Hospitals and
Clinics
- P P - P P P - - -
Instructional
Services
M P P - P P P P P P See
Section 18.23.260,
Formula business
uses
Park and
Recreation
Facilities,
Public

P P P P P P P P P P
Public Safety
Facilities
- C C - C C C C C C
Schools,
Public or
Private
- - - - C C C C C C
Social
Service
Facilities
- - - - C C C C C C
Commercial Uses
Animal Care,
Sales and
Services
See subclassifications below
Grooming
and Pet
Stores
- P P - P P P P(5) P(5) P(5)
Veterinary
Services
- C(5) C(5) C(5) C(5) C(5) C(5) C(5) C(5) C(5)
Artists’
Studios
M P P - P P P P(5) P(5) P(5)
Automobile/
Vehicle Sales
and Services
See subclassifications below
Automobile
Rentals
- - - - C(6) C(6) C(6) - - -
Automobile/
Vehicle Sales
and Leasing
P(6
,7)
P(6,
7)
P(6,
7)
P(6,7
)
P(6,7) P(6,7) P(6,
7)
- - -
Automobile/
Vehicle
Washing
- - - - C(6) C(6) C(6) - - -
Service
Station
- - - - C(6) C(6) C(6) - - -
See
Section 18.23.050,
Automobile/vehicle
sales and services,
and
Section 18.23.260,
Formula business
uses

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Banks and
Financial
Institutions
P(8
)
P P M P P P M(9) M(9) M(9) See
Section 18.23.260,
Formula business
uses
Business
Services
- P(9) P(9) P(9) P(9) P(9) P(9) P(9) P(9) P(9)
Commercial
Entertainmen
t and
Recreation
See subclassifications below
Cinema/Thea
ters
C(1
7)
C(17
)
C(17
)
- C(17) C(17) C(17) - - - See
Section 18.23.260,
Formula business
uses
Small-Scale - C(17
)
C(17
)
- C(17) C(17) C(17) - - -
Large-Scale - C(17
)
C(17
)
- C(19) - - - - -
Eating and
Drinking
Establishmen
ts
See subclassifications below
Bars/Night
Clubs/Loung
es
C(1
7)
C(17
)
C(17
)
- C(17) C(17) C(17) - - -
Full Service P(1
7)
P(17
)
P(17
)
P P(17) P(17) P(17) C(10,
17)
C(10,
17)
C(10,
17)
See
Section 18.23.140,
Outdoor dining, and
Section 18.23.260,
Formula business
uses
Convenience P(1
8)
P(18
)
P(18
)
P P(18) P(18) P(18) C(10
)
C(10
)
C(10) See
Section 18.23.260,
Formula business
uses
Food
Preparation
P P P P P P P P P P See
Section 18.23.260,
Formula business
uses
Funeral
Parlors and
Mortuaries
- C C C C C C - - -
Lodging See subclassifications below
Bed and
Breakfast
P P P P P P P P P P See
Section 18.23.070,
Bed and breakfast
lodging, and
Section 18.23.260,
Formula business
uses

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Hotels and
Motels
P(1
1,
17)
P(17
)
P(17
)
M P(17) P(17) P(17) M(14
, 17)
M(17
)
M(17) See
Section 18.23.260,
Formula business
uses
Nurseries
and Garden
Centers
P(9
,
20)
P(9,
20)
P(9,
20)
- P(9,
20)
P(9,
20)
P(9,
20)
P(9,
20)
P(9,
20)
P(9,
20)
See
Section 18.23.260,
Formula business
uses
Offices See subclassifications below
Business and
Professional
P(1
2)
P P P P P P P P P See
Section 18.23.260,
Formula business
uses
Medical and
Dental
P(1
2)
P P P P P P P(9) P(9) P(9) See
Section 18.23.260,
Formula business
uses
Walk-In
Clientele
P P P P P P P P P P See
Section 18.23.260,
Formula business
uses
Personal
Services
See subclassifications below
General
Personal
Services
(13
)

P P P P P P P P P
Tattoo or
Body
Modification
Parlor
- - - - M M M - - -
See
Section 18.23.170,
Personal services,
and
Section 18.23.260,
Formula business
uses
Retail Sales See subclassifications below
Cannabis
Dispensary
- - - - - - - - - -
Convenience
Markets
P(1
8)
P(18
)
P(18
)
P P(18) P P P(15) P P See
Section 18.23.260,
Formula business
uses, and Section

18.23.320, Retail
Establishments
selling Tobacco
Products
Food and
Beverage
Sales
P(1
8)
P(18
)
P(18
)
P P(18) P P P(16) P(16) P(16) See
Section 18.23.260,
Formula business
uses
General
Retail
P P P P P P P P P P See
Section 18.23.260,
Formula business
uses, and Section

18.23.320, Retail
Establishments
selling Tobacco
Products

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Price Point
Retail
- - - - M M M - - -
Second-Hand
Store
- - - - P P P P P P
Retail
Establishmen
ts Selling
Ammunition
or Firearms
- - - - - - - - - -
Industrial Uses
Recycling
Facility,
Reverse
Vending
Machine
- - - P P P P P - - See
Section 18.23.190,
Recycling facilities
Transportation, Communication, and Utilities Uses
Communicati
on Facilities
See subclassifications below
Antenna and
Transmission
Towers
See Chapter 18.24, Wireless Telecommunications Facilities Facilities
within
Buildings
- P P P P P P P P P
Transportatio
n Passenger
Terminals
- - - - - - - - - -
Utilities,
Minor

P P P P P P P P P P
Other Applicable Types
Accessory
Uses and
Structures
See Section 18.23.030, Accessory uses, and Section 18.15.020, Accessory buildings and structures
Home
Occupations
P P P P P P P P P P See
Section 18.23.120,
Home occupations
Drive-In and
Drive-
Through
Facilities
Prohibited in MU districts; see Section 18.23.100, Drive-in and drive-through facilities Nonconformi
ng Use
Chapter 18.19, Nonconforming Uses, Structures, and Lots Temporary
Use
Chapter 18.31, Temporary Use Permits

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Specific Limitations:

1. Not allowed on the ground floor along Laurel Street and San Carlos Avenue frontages. Parcels located within an adopted Specific Plan area shall comply with the requirements of the Specific Plan.

2. Residential-only development is subject to active ground floor use requirement, pursuant to Section 18.05.030(H). Parcels located within an adopted Specific Plan area shall comply with the requirements of the Specific Plan.

3. Not allowed on the ground floor along Old County Road.

4. Not allowed on Laurel Street or San Carlos Avenue. Parcels located within an adopted Specific Plan area shall comply with the requirements of the Specific Plan.

5. Provided that such use shall be completely enclosed in a building of soundproof construction.

6. For properties without frontage along El Camino Real, only retail sales consistent with the definition of “general retail” and five thousand (5,000) square feet or less.

7. Must be within an enclosed structure.

8. Limited to establishments with a gross floor area of two thousand five hundred (2,500) square feet or less. Limited to the ground floor of a building located on an interior lot a minimum of five hundred (500) feet from any other financial institution.

9. Limited to establishments with a gross floor area of five thousand (5,000) square feet or less.

10. Permitted after review and approval of a minor use permit by the Zoning Administrator if less than twelve (12) chairs.

11. Limited to upper stories unless at least fifty percent (50%) of ground floor street frontage is occupied by food service use.

12. Limited to upper stories.

13. Permitted if existing. Additions to existing facilities and establishment of new facilities are subject to Section 18.23.170, Personal services.

14. Not allowed along East San Carlos Avenue.

15. Limited to neighborhood groceries with less than one thousand five hundred (1,500) square feet of sales area when located along East San Carlos Avenue.

16. The sale of alcoholic beverages is prohibited.

17. Not permitted on sites where the shopfront of such nonresidential use faces onto R zoning districts.
18 Minor use permit required for sites adjacent to R districts.

19. On the east side of El Camino Real only; in all other areas this use is not permitted.

20. Uses that require a commercial cannabis business permit are not permitted.

18.06.020 Land Use Regulations.

Table 18.06.020 prescribes the land use regulations for commercial 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.

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“C” designates use classifications that are permitted after review and approval of a conditional use permit by the Planning and Transportation Commission.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.

TABLE 18.06.020: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Use Classification NR GCI LC Additional Regulations
Public and Semi-Public Uses
Colleges and Trade Schools, Public or
Private
- C(3) -
Government Offices - C(3) -
Instructional Services P M(3) -
Public Safety Facilities - M(3) -
Commercial Uses
Automobile/Vehicle Sales and Services See subclassifications below Automobile/Vehicle Sales and Leasing - P C
Automobile/Vehicle Washing - C -
Service Station (1) P -
See Section 18.23.050,
Automobile/vehicle sales and services
Banks and Financial Institutions - P C
Business Services P P P(4)
Commercial Entertainment and
Recreation
See subclassifications below
Cinema/Theaters - P C
Large-Scale - C C
Small-Scale - P P(4)
Eating and Drinking Establishments See subclassifications below Full Service M P P(4)
Convenience P P C
See Section 18.23.140, Outdoor dining
Food Preparation P P P(4)
Lodging See subclassifications below
Hotels and Motels C C M
Maintenance and Repair Services - P P(4)

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Nurseries and Garden Centers - P M(6) See Section 18.23.270, Commercial cannabis businesses
Offices See subclassifications below
Business and Professional P P P(4)
Medical and Dental - P M
Walk-In Clientele P P P(4)
Personal Services See subclassifications below
General Personal Services P P P(4) See Section 18.23.170, Personal services
Retail Sales See subclassifications below
Building Materials and Services - P M
Cannabis Dispensary - - -
Convenience Markets P P M See Section 18.23.320, Retail Establishments selling Tobacco
Products
Food and Beverage Sales P P M
General Retail P P P(4) See Section 18.23.320, Retail
Establishments selling Tobacco
Products
Large-Format Retail - C C See Section 18.23.130, Large-format retail
Price Point Retail - P M
Second-Hand Store - P M
Retail Establishments Selling
Ammunition or Firearms
C C C See Section 18.23.290, Retail
establishments selling ammunition or
firearms
Industrial Uses
Construction and Material Yards - C C See Section 18.23.160, Outdoor storage
Custom Manufacturing - P M
Industry, General - M M(6) See Section 18.23.270, Commercial cannabis businesses
Industry, Limited - P M
Recycling Facility See subclassifications below
Reverse Vending Machine - C(3) -
Recycling Collection Facility - C(3) -
See Section 18.23.190, Recycling
facilities
Research and Development - P M(6) See Section 18.23.270, Commercial cannabis businesses
Research and Development Activities
Requiring BSL-1 and BSL-2 Containment
P P P

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Research and Development Activities
Requiring BSL-3 Containment
- - -
Research and Development Activities
Requiring BSL-4 Containment
- - -
Salvage and Wrecking - C(2) - See Section 18.23.160, Outdoor storage
Warehousing and Storage See subclassifications below
Indoor Warehousing and Storage - C(5) P(4)(5)
Outdoor Storage - C - See Section 18.23.160, Outdoor
storage
Wholesaling and Distribution - P M(6) See Section 18.23.270, Commercial cannabis businesses
Cannabis Microbusiness - P - See Section 18.23.270, Commercial cannabis businesses
Transportation, Communication, and Utilities Uses
Communication Facilities See subclassifications below
Antenna and Transmission Towers See Chapter 18.24, Wireless Telecommunications Facilities Facilities Within Buildings P P M
Freight/Truck Terminals and
Warehouses
- P(3) -
Light Fleet-Based Services - P(3) C
Utilities, Major - C(3) -
Utilities, Minor P P(3) -
Other Applicable Types
Accessory Uses and Structures See Sections 18.23.030, Accessory uses, and 18.15.020, Accessory buildings and structures
Nonconforming Use Chapter 18.19, Nonconforming Uses, Structures, and Lots Temporary Use Chapter 18.31, Temporary Use Permits
Specific Limitations:

1. Permitted if existing. New service stations are not allowed.

2. Shall be conducted entirely within an enclosed building.

3. Not allowed between Industrial Road and Highway 101 and Skyway Road fronting Highway 101.

4. Permitted by right in existing buildings only; additions or enlargements, tear downs and rebuilds may be considered subject to conditional use permit approval by the Planning and Transportation Commission.

5. Storage in small individual spaces exclusively and directly accessible to a specific tenant is permitted by right on the condition that such uses occupy no more than five percent (5%) of the total square footage of any single building.

6. Uses that require a commercial cannabis business permit are not permitted.

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18.07.020 Land Use Regulations.

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 and Transportation Commission.
“(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted.

TABLE 18.07.020: LAND USE REGULATIONS—INDUSTRIAL DISTRICTS Use Classification IA IL IH IP Additional Regulations
Public and Semi-Public Uses
Colleges and Trade Schools, Public or
Private
C C C(8) -
Government Offices - C C C
Hospitals and Clinics See subclassification below
Hospitals - - - C
Public Safety Facilities - M M -
Commercial Uses
Adult-Oriented Business C(1) C(1) C(1) - See Section 18.23.040, Adult- oriented businesses
Animal Care, Sales and Services See subclassifications below Kennels - M - -
Veterinary Services - M - -
Artist’s Studio P P - -
Automobile/Vehicle Sales and
Services
See subclassifications below
Automobile/Vehicle Sales and Leasing - C(3) C(5) C(5)
Automobile/Vehicle Repair, Major P P P C
Automobile/Vehicle Service and
Repair, Minor

P P P -
Automobile/Vehicle Washing - P - -
See Section 18.23.050,
Automobile/vehicle sales and
services

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Large Vehicle and Equipment Sales,
Service and Rental
- P P -
Service Station - P(6) - -
Towing and Impound - M M -
Vehicle Storage - M M -
See Section 18.23.160, Outdoor
storage
Business Services P P P P
Commercial Entertainment and
Recreation
See subclassifications below
Large-Scale - C C -
Small-Scale - C C -
Eating and Drinking Establishments See subclassifications below Full Service - - - M(2)
Convenience M(2) M(2) M(2) M(2)
See Section 18.23.140, Outdoor
dining
Food Preparation P P - -
Funeral Parlors and Interment
Services

P - - -
Maintenance and Repair Services P P P -
Nurseries and Garden Centers - M M - See Section 18.23.270, Commercial cannabis businesses
Offices See subclassifications below
Business and Professional - C C M
Medical and Dental - C - M
Parking, Public or Private - P P - See Chapter 18.20, Parking and Loading
Personal Services See subclassification below
Tattoo or Body Modification Parlor M - - -
Retail Sales See subclassifications below
Building Materials and Services M M M -
Cannabis Dispensary - - - -
Convenience Markets M(2) M(2) M(2) M(2) See Section 18.23.320, Retail Establishments selling Tobacco
Products
Food and Beverage Sales M(2) M(2) M(2) M(2)
General Retail M(4) M(4) M(4) M(4) See Section 18.23.320, Retail Establishments selling Tobacco
Products
Retail Establishments Selling
Ammunition or Firearms
C C C C See Section 18.23.290, Retail
establishments selling ammunition or
firearms
Industrial Uses

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Construction and Material Yards P P P - See Section 18.23.160, Outdoor storage
Custom Manufacturing P P P -
Industry, General P P P - See Section 18.23.270, Commercial cannabis businesses
Industry, Limited P P P P
Recycling Facility See subclassifications below
Reverse Vending Machine P P - -
Recycling Collection Facility - C C -
Recycling Processing Facility - C C -
See Section 18.23.190, Recycling
facilities
Research and Development P P P P See Section 18.23.270, Commercial cannabis businesses
Research and Development Activities
Requiring BSL-1 and BSL-2
Containment

P P P P
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
Warehousing and Storage See subclassifications below
Chemical, Mineral, and Explosives
Storage
- C(7) C(7) -
Indoor Warehousing and Storage P P P -
Outdoor Storage P(9) P P - See Section 18.23.160, Outdoor storage
Wholesaling and Distribution P P P - See Section 18.23.270, Commercial cannabis businesses
Cannabis Microbusiness P P P - See Section 18.23.270, Commercial cannabis businesses
Transportation, Communication, and Utilities Uses
Communication Facilities See subclassifications below
Antenna and Transmission Towers See Chapter 18.24, Wireless Telecommunications Facilities Facilities Within Buildings M M M M
Freight/Truck Terminals and
Warehouses
- C P(10) -
Light Fleet-Based Services P P P -
Utilities, Major C C C C
Utilities, Minor P P P P
Waste Transfer Facility - P P -

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Other Applicable Types
Accessory Uses and Structures See Sections 18.23.030, Accessory uses, and 18.15.020, Accessory buildings and structures
Nonconforming Use Chapter 18.19, Nonconforming Uses, Structures, and Lots Temporary Use Chapter 18.31, Temporary Use Permits
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.

Chapter 18.23

STANDARDS FOR SPECIFIC USES AND ACTIVITIES

18.23.320 Retail Establishments selling Tobacco Products A. No tobacco retailer or other person shall sell or offer for sale any tobacco product without a current and valid tobacco retailer permit from San Mateo County for each location where such activities are conducted.

B. Tobacco retailers are subject to all applicable Municipal Code requirements in addition to all applicable county, state and federal laws.

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RESOLUTION NO. PTC2026 - 10

A RESOLUTION OF THE PLANNING AND TRANSPORTATION COMMISSION OF THE CITY OF

SAN CARLOS RECOMMENDING CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO SAN CARLOS MUNICIPAL CODE SECTIONS 18.05.020 (MIXED-USE DISTRICTS LAND USE REGULATIONS), 18.06.020 (COMMERCIAL DISTRICTS LAND USE REGULATIONS), 18.07.020 INDUSTRIAL DISTRICTS LAND USE REGULATIONS AND SECTION 18.23 (STANDARDS FOR SPECIFIC USES AND ACTIVITIES) OF THE SAN CARLOS MUNICIPAL CODE.

WHEREAS, the proposed amendments would add a cross-reference to the County permit requirements of Section 8.07.110 in the land use tables of Sections 18.05.020 (Mixed-Use Districts Land Use Regulations), 18.06.020 (Commercial Districts Land Use Regulations), 18.07.020 Industrial Districts Land Use Regulations and add a new section for Tobacco Retail Sales in Chapter 18.23 (Standards for Specific Uses and Activities).

WHEREAS, a Public Hearing Notice was published on August 6, 2026 for the draft Zoning Amendments in the newspaper and distributed to interested parties; and WHEREAS, pursuant to Government Code Sections 65853 and 65850 and San Carlos Municipal Code Chapter 18.35, the Planning and Transportation Commission held a public hearing on August 17th, 2026 to consider these changes and render a recommendation to the City Council; and
WHEREAS, the proposed amendments are exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), as a text amendment that can be seen with certainty to have no potential for a significant effect on the environment.

NOW, THEREFORE BE IT FOUND, DETERMINED, AND RESOLVED by the Planning and Transportation Commission of the City of San Carlos that:

Pursuant to SCMC Section 18.35.080 Criteria for Zoning Amendments, the Planning and Transportation Commission shall not recommend, and the City Council shall not approve a zoning amendment unless the proposed amendment meets the following criteria:
1) Findings:

A. The proposed ordinance amendments are consistent with the General Plan.

The General Plan includes the following goal:
* Goal LU-5: Support and maintain land uses that contribute to a vibrant and resilient local economy and support the fiscal well-being of the City.

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A. The Planning and Transportation Commission recommends that the City Council introduce an Ordinance approving amendments as set forth in Exhibit A as amended.

Passed and adopted as Resolution of the Planning and Transportation Commission of the City of San Carlos at a regular meeting thereof on the 17th day of August 2026, by the following vote:

AYES, PLANNING AND TRANSPORTATION COMMISSIONERS:

Kenniasty/ Tapias/ Anand/ Bundy
NOES, PLANNING AND TRANSPORTATION COMMISSIONERS:

None
ABSENT, PLANNING AND TRANSPORTATION COMMISSIONERS:

Clements
- Gan of the Planning and | )
Transportation Commission of
the City of San Carlos
ATTEST:
naval lad — Assistant Community Development Director, City of San Carlos

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DRAFT ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING TITLE 18, SECTIONS 18.05.020 (MIXED-USE DISTRICTS LAND USE REGULATIONS), 18.06.020 (COMMERCIAL DISTRICTS LAND USE REGULATIONS), 18.07.020 INDUSTRIAL DISTRICTS LAND USE REGULATIONS AND SECTION 18.23 (STANDARDS FOR SPECIFIC USES AND ACTIVITIES) OF THE SAN CARLOS MUNICIPAL CODE.

SECTION 1: The City Council of the City of San Carlos does hereby ordain as follows:

WHEREAS, it is recommended to update the Zoning Code (Title 18) to reflect this existing requirement and ensure consistency across the Municipal Code; and WHEREAS, the proposed amendments would add a cross-reference to the County permit requirements of Section 8.07.110 in the land use tables of Sections 18.05.020 (Mixed-Use Districts Land Use Regulations), 18.06.020 (Commercial Districts Land Use Regulations), 18.07.020 Industrial Districts Land Use Regulations and add a new section for Tobacco Retail Sales in Chapter 18.23 (Standards for Specific Uses and Activities).

WHEREAS, pursuant to San Carlos Municipal Code Chapter 18.35.050 and California Government Code Section 65090 and 650901, a Public Hearing Notice for the Planning and Transportation Commission was Published on August 6, 2026 for the draft San Carlos Municipal Code Zoning Amendments in the newspaper, and distributed to interested parties; and
these changes and render a recommendation to the City Council; and WHEREAS, the Planning and Transportation Commission conducted a public hearing to hear and consider all comments of all persons interested in or concerned with the proposed amendments of the City of San Carlos Municipal Code on August 17, 2026 in consideration of a recommendation to the City Council regarding adoption of an Ordinance; and
WHEREAS, the proposed amendments to the San Carlos Municipal Code as mentioned above are exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect on the environment. As a text amendment, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

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the Planning and Transportation Commission Meeting August 17, 2026 and has considered the recommendation of the Planning and Transportation Commission for regulations in the San Carlos Municipal Code including Planning and Transportation Commission findings for amendments to the Title 18 and the reasons for the recommendations, the relationship of the proposed ordinance or amendments to the Zoning Ordinance (Title 18), and 2030 General Plan.

A. The proposed ordinance amendments are consistent with the General Plan.

The General Plan includes the following goal:
* Goal LU-5: Support and maintain land uses that contribute to a vibrant and resilient local economy and support the fiscal well-being of the City.

SECTION 4: Replacement of Code. San Carlos Municipal Code Sections

18.05.020 (Mixed-Use Districts Land Use Regulations), 18.06.020 (Commercial Districts Land Use Regulations), 18.07.020 Industrial Districts Land Use Regulations and Section

18.23 (Standards for Specific Uses and Activities) is hereby replaced with the language in Exhibit A.

SECTION _5: California Environmental Quality Act Determination. The City Council hereby finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect in the environment. As a text amendment, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

SECTION 6: 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.

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SECTION 7: 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 8: 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. |, City Clerk Crystal Mui, hereby certify that the foregoing Ordinance was introduced on this day of September, 2026 and adopted at a regular meeting of the City Council of the City of San Carlos held on the September, 2026 by the following vote:

AYES, COUNCILMEMBERS:

NOES, COUNCILMEMBERS:

ABSENT, COUNCILMEMBERS:

CITY CLERK of the City of San
Carlos
APPROVED:

MAYOR of the City of San Carlos

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CITY OF SAN CARLOS

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT the San Carlos City Council will hold a Public Hearing at its regular meeting on Monday, September 28, 2026 at 7:00 p.m. in the Council Chambers at San Carlos City Hall - 600 Elm Street, for the purpose of hearing and considering all comments of all persons interested in or concerned with the Planning and Transportation Commission’s recommendation (PTC Resolution PTC2026- 10) that the City Council hold a public hearing and consider introducing an Ordinance approving amendments to Title 18 (Zoning Ordinance) of the San Carlos Municipal Code to update requirements for tobacco retail sales.

The purpose of this amendment is to update the Zoning Code to reflect the existing requirement in Municipal Code Chapter 8.07 that tobacco businesses must obtain a valid tobacco retail permit from San Mateo County prior to operation. The following code sec tions are proposed for amendments: SCMC Sections 18.05.020 (Mixed-Use Districts Land Use Regulations), 18.06.020 (Commercial Districts Land Use Regulations),

18.07.020 Industrial Districts Land Use Regulations and SCMC Section 18.23 (Standards for Specific Uses and Activities) to include a new section for Tobacco Retail Sales.

Environmental Determination. This project has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the general exemption for projects with no potential for a significant effect in the environment. As a text amendment, it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Agenda. The agenda packet and relevant materials for this item will be available on Thursday, September 24, 2026 online at www.cityofsancarlos.org/agenda; and hardcopies will be available at the City Clerk’s Department at San Carlos City Hall - 600 Elm Street, and at the San Carlos Library - 610 Elm Street.

Public Participation. The public will have the option to observe the meeting and address the City Council in- person in City Hall’s Council Chambers - 600 Elm Street, and remotely via Zoom. Details and instructions will be available on the meeting agenda.

Questions and Comments. Questions regarding the project may be directed to Andrea Mardesich, Assistant Community Development Director, at [email protected]. Comments may be submitted by email to the City Council at [email protected], by mail to the City Clerk at 600 Elm Street, San Carlos, CA 94070, or in person at the public hearing.

All persons interested in the above are hereby invited to attend this public hearing and be heard. If you challenge this proposal in court, you may be limited to raising only those issues you or someone else raised at the public meeting and hearing described in this notice, or in written correspondence delivered to the Planning Division at, or prior to, the public hearing.

Crystal Mui, City Clerk

Publication Date: September 17, 2026

If you require translation for this notice, please contact the City Clerk’s Office at 650-802-4222.

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San Carlos City CouncilSeptember 28, 2026

San Carlos City Council
September 28, 2026