Chapter 8.122 — CMU-2 DISTRICT (COMMERCIAL MIXED USE-2 DISTRICT, EL CAMINO REAL-5TH…

The following regulations shall apply within those areas in North Fair Oaks which are zoned Commercial Mixed Use-2 (CMU-2).

1. Provide commercial areas intended primarily for the location of locally and regionally-oriented trades and services to meet the needs of both surrounding residential areas and the broader region, as well as higherdensity living options for residents.

2. Protect the viability of surrounding and/or adjacent residential land uses by restricting incompatible uses and regulating certain land uses which may otherwise have negative external impacts, and by requiring that commercial development meets minimum design standards.

3. Promote and enhance the creation of an attractive commercial mixed use district accessible by a variety of transportation modes, including private vehicles, transit, bicycling, and walking.

4. Protect the functional and economic viability of commercial mixed use areas by restricting incompatible land uses.

5. Support and strengthen the local economy by providing trade and employment opportunities.

6. Implement the policies of the North Fair Oaks Community Plan and the San Mateo County General Plan.

1. Administrative, Professional and Business Offices. Establishments where management, administrative, professional or consulting services are conducted including, but not limited to, government, law, real estate, accounting and other business offices.

2. Alley. Alleys provide access for service vehicles and parking access, and ar e not designed for pedestrians.

3. Anti-graffiti coating. A paint or material that prevents paint and ink from bonding to surfaces and allows for easier removal.

4. Appurtenance. Structural and utility apparatus(es) associated with a principal feature or function.

5. Awning. A canopy made of canvas or rigid membrane, which projects from the exterior wall of a building, and helps to shade or shelter a window and/or door.

6. Bars. Commercial establishments engaged in the sale of alcoholic beverages to the general public for immediate consumption on the premises as a primary use, which may also offer food and entertainment on a limited basis, but not adult entertainment as defined in Section 8.04.030(15).

7. Bay. A horizontal module related to buildings, usually between two nearest vertical supports that may be columns or pilasters.

8. Bay Window. A window or group of windows that reside in a structural frame that projects outside of the main volume of a building.

9. Building Envelope. The outermost spatial extent permissible for construction, as determined by height, setback, and stepback requirements combined. A building envelope is the theoretical maximum volume allowed.

10. Building Opening. Any aperture within of a solid wall, which may be used to provide a window, a group of windows, a door, or garage door.

11. Cinder Block. A type of concrete block made with cinder aggregate.

12. Clear Glass. Glass with not less than 90% light transmission in the visible spectrum. Not obscured glass.

13. Commercial and Office Ground Floor Facade. See Ground-Floor Façade, Commercial and Office.

14. Community Centers. Facilities used by local residents for civic activities, classes, meetings, performances, presentations or other purposes. Includes “clubs” (Section 8.04.030(30) and “meeting halls” (Section 8.04.030(84)).

15. Community Gardens. An area of land used to grow and harvest food crops and/or non-food ornamental crops, such as flowers, for personal use, consumption, donation, or occasional sale, by individuals or collectively by members of a group.

16. Control Joints. A deep narrow recess provided within ridged materials to direct the location of cracking as thermal expansion and contraction occurs.

17. Corner Boards. A length of board that is “L” shaped in cross section and used to conceal outer corners where pieces of material typically meet.

18. Corner (L-Channel) Metalwork. A length of metal that is “L” shaped in cross section and used to conceal outer corners where pieces of material typically meet.

19. Corner Panels. A length of any material that is “L” shaped in cross section and used to conceal outer corners where pieces of material typically meet.

20. Concealed. A covered or hidden building feature.

21. Concealment. The act of covering or hiding a building feature.

22. Concrete Block. A modular building material made of concrete, which can be used structurally.

23. Curb Cut. A break in a vertical curb where there is a short ramp. A curb cut is generally where a driveway meets a public roadway.

24. Cornice. A horizontal projection on the exterior of a building, such as to accentuate the dividing line between a commercial ground-floor façade and upper-story façade, or to accentuate the top of a building when a parapet is used.

25. Display Window. A large window case for the display of merchandise or exhibits, typically located where store abuts a sidewalk.

26. Dwelling, Multiple. A building or portion thereof containing more than one dwelling unit, including apartment houses, condominiums, and flats.

27. Eave. The lower edge of a roof that overhangs the wall below.

28. Educational Facilities. Public or private educational facilities, or schools offering instruction, including academic or specialized instruction, to students.

29. Envelope. The outermost spatial extent permissible for a building, as regulated by height, setback, and stepback requirements, and is the theoretical maximum volume allowed.

30. Exterior Corridor. A shared passage that provides horizontal building circulation and is open except for floor and railings on one or both sides along its length.

31. Façade. The exterior wall of a building along with its associated windows, entryways, and projections.

32. Façade Area, Upper-Floor. Upper-floor façade area is measured in height from the floor of the second level to the ceiling of the uppermost level, and in width across all façade planes and parallel to the property line.

33. Farmers Markets. An outdoor market at a fixed location, open to the public, operated by a government agency, a non-profit corporation, or one or more Producers, in accordance with the San Mateo County Farmer’s Market Guidelines, at which (a) at least 75 percent of the vendors sell Farm Products or ValueAdded Farm Products and (b) at least 75 percent of the vendors who regularly participate during the market’s hours of operation are Producers, or family members or employees of Producers.

• a. Farm Products – Fruits, vegetables, mushrooms, herbs, nuts, shell eggs, honey, or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese, and other dairy products), and fish.

• b. Producer – A person or entity that raises or produces Farm Products on land that the person or entity farms and owns, rents, or leases.

c. Value-Added Farm Product – Any product processed by a Producer from a Farm Product, such as baked goods, jams, and jellies.

34. Financial Institutions. Establishments accepting deposits and providing services relating to the exchange, protection or lending of money including, but not limited to, banks, savings and loan institutions, or credit unions.

35. Finished Grade. The elevation of the finished surface of the ground.

36. Flat Roof. A roof that is not steeper than a 1:10 angle of inclination.

37. Food and Beverage Stores. Commercial establishments engaged in the retail sale primarily of various fresh and packaged foods and beverages for home preparation and consumption including, but not limited to, grocery stores, produce markets, bakeries and delicatessens.

38. Food Establishments Specializing in Take-Out Service. Commercial establishments engaged in the provision of prepared food to the general public primarily for consumption off the premises, which may include limited seating, walk up or drive- through take-out service, but not including businesses engaged exclusively in catering.

39. Home Occupations. Accessory businesses conducted in a dwelling solely by its occupants in a manner incidental to the residential use of the dwelling, in accordance with the provisions of the County’s Home Occupation Regulations.

40. Hotels. Any building or portion thereof containing six (6) or more guest rooms used, designed, or intended to be used, let or hired out to be occupied.

41. Indoor Exercise and Leisure Facilities: Small. Facilities of 2,000 sq. ft. or less located within a fully enclosed building providing leisure and recreation opportunities primarily for use by neighborhood residents including, but not limited to, exercise facilities, dance academies and martial arts studios.

42. Indoor Exercise and Leisure Facilities: Large. Facilities greater than 2,000 square feet located within a fully enclosed building providing leisure and recreation opportunities primarily for use by neighborhood residents, including but not limited to gyms, swimming pools, martial arts studios, and other exercise and recreational facilities.

43. Indoor Retail Sales, Rental or Repair Establishments. Commercial establishments which serve the general public that are engaged in the sale, rental and/or repair of goods, merchandise and equipment with all storage of such items within a fully enclosed, covered building.

44. Garage Opening. A form of building opening that provides access to motorized vehicles.

45. Ground-Floor. The inhabited floor of a building located nearest to the finished grade around the building, and not used for parking or storage.

46. Ground-Floor Facade. That part of the façade (exterior wall with associated elements) that is between the level of finished grade and the level of the second floor. The design composition of a ground-floor façade may extend to just below the lowest windows on the second floor.

47. Interior Corner. A concave corner that projects inward toward the building volume to which it is associated.

48. Inhabited Space. Building volumes and site areas where people regularly occupy, but not including circulation, storage, or parking.

49. Intervening Building. A building positioned between two features, such as between a property line and a building that is set back farther from the property line.

50. Ground Floor Façade, Commercial and Office. The façade that encloses a ground- floor use that is within the Commercial and Office Use Classification table for the applicable zoning district.

51. Limited Keeping of Pets. The raising or maintaining of domestic birds or animals that are customarily kept as pets for amusement or companionship, excluding exotic animals, horses, livestock and poultry, subject to the following limitations: (a) no more than two (2) dogs and two (2) cats, nor more than four (4) animals total of any type shall be kept per dwelling unit, or lawfully permitted and occupied second unit, or per business establishment. This use does not include “pet sitting” or “doggie day care” establishments where care and supervision is provided to pets that do not belong to the occupants of the dwelling unit or business establishment.

52. Liquor Stores. A retail establishment primarily engaged in selling beer, wine, and other alcoholic beverages.

53. Loading Area. Loading areas included sufficient area for truck parking on-site and for truck maneuverability on- and off-site.

54. Lobby. A semi-private antechamber between an outer door and interior parts of a building.

55. Massage Businesses. Massage or massage therapy businesses as defined in the San Mateo County Business Regulations Section 5.44.020.

56. Mechanical Equipment. Utility apparatuses that include air conditioning, heating, compressor, condensers, generators, transformers, and other assemblages with electronic and mechanical components.

57. Medical and Dental Offices. Establishments providing consultation, diagnosis, therapeutic, preventative or corrective personal treatment services by licensed doctors, dentists and similar practitioners of medical and healing arts for humans,

and which may include medical and dental laboratories and associated prescription pharmacies.

58. Metalwork. An object made of metal and/or metal pieces.

59. Metal Panel. A section of wall, gate, door, which are thin relative to the thickness of the frame to which they are connected.

60. Mixed-Use Development. A development in which a mix of uses is located in close proximity to each other on the same parcel, usually within the same building. The land uses may be stacked on top of each other (vertical) or placed next to each other (horizontal). Mixed-use development may include any combination of at least two of the following four land use categories: commercial (including retail sales and service, and personal services, but excluding motor-vehicle related uses), office (including professional services), residential (dwellings), and institutional uses.

61. Mobile Vending/Food Carts. Any vehicle, wagon, or pushcart that is self-propelled or can be pushed/pulled down a street or sidewalk that is regularly located on site, on which food is displayed, prepared, or processed for the purpose of selling food to a consumer, as defined in San Mateo County Ordinance Code, Chapter 5.52.

62. Mullion. A narrow length of wood or other material located between window lites, and including a narrow length of material applied to a single pane of glass to simulate individual window lites.

63. Non-Chartered Financial Institution. A use, other than a State or Federally chartered bank, credit union, mortgage lender, savings and loan association or industrial loan company, that offers deferred deposit transaction services or check cashing services and loans for payment of a percentage fee. The term “nonchartered financial institution” shall include, but is not limited to, deferred deposit transaction (payday loan) businesses that make loans upon assignment of wages received, check cashing businesses that charge a percentage fee for cashing a check or negotiable instrument, and motor vehicle title lenders who offer a short-term loan secured by the title to a motor vehicle. Non-profit financial institutions are not encompassed by the term “non-chartered financial institution.”

64. Obscured Glass. Glass that makes what is behind it indistinct from visual distortion of from less than 50% light transmission. Obscured glass is typically used to let light into interior space while making the space privacy.

65. Operable Window. A window that can be opened and closed.

66. Other Compatible Uses. Additional land uses that may be allowed if the Director of Planning and Building determines that the proposed use is consistent with the purpose of the district and compatible with other permitted land uses in the district.

67. Outdoor Retail Sales, Rental or Repair Establishments. Commercial establishments which serve the general public that are engaged in the sale, rental and/or repair of goods, merchandise and equipment with all or some storage of such items outside a fully enclosed, covered building.

68. Outer Corner. A convex corner that projects away from the building volume to which it is associated.

69. Parapet. A low wall at the edge of a roof, the front of which is typically in line with the façade below.

70. Parking Garage. Parking that is enclosed within a building, or structure with parking with two or more stories.

71. Parking Lots and Parking Garages. Public and private facilities which provide designated spaces for parking of operable and currently registered motor vehicles either in an open area or within a structure.

72. Personal Convenience Service Establishments. Commercial establishments providing services related to personal convenience where customers are typically served on the premises including, but not limited to, beauty salons, barber shops, massage establishments.

73. Pet Sales and/or Grooming Establishments. Establishments for the retail sale of pet animals, pet food and supplies, with all storage of such items within a fully enclosed, covered building. Pet sales and/or grooming establishments may offer pet bathing, grooming and obedience training conducted within a fully enclosed, covered building. Other than the animals held as inventory until sold, there shall be no boarding of animals overnight for compensation.

74. Pilaster. A vertical pier that is integrated with, and projects slightly forward from, a wall.

75. Porch. An outside landing immediately adjacent to a building entrance and sheltered by a roof.

76. Religious Facilities. Facilities or meeting places used for worship or religious instruction including, but not limited to, churches, synagogues, mosques and temples.

77. Restaurants. Establishments with the primary purpose of serving food to the public for immediate consumption on the premises. A restaurant must have a working kitchen, able to prepare full meals from basic ingredients. The kitchen must be in operation and the restaurant must be serving the majority of its full menu during the entire hours of operation. Persons under 21 must be legally allowed on the premises during

the entire hours of operation. Establishments which close the kitchen during some hours of operation and cease serving food, but remain open serving alcoholic beverages, are classified as bars and are subject to bar permitting requirements.

78. Retail Cleaning Establishments. Commercial establishments engaged in the washing or cleaning of clothing, linens and other fabrics including, but not limited to, dry-cleaning pick-up stores with limited equipment and laundromats where coin- operated washers and dryers are provided for self-service to the public.

79. Screened. To conceal, partly conceal, and/or separate an object to eliminate or reduce its visual prominence.

80. Service Area. An open or enclosed area principally used for refuse/recycling service and may also contain mechanical equipment and access by trucks for loading, maintenance, and building operations.

81. Shingle. A thin piece of material laid in overlapping rows to cover the roofs and walls of buildings.

82. Sloped roof. A roof that is not flat, and typically hipped or gabled.

83. Small Collection Facilities for Recyclable Materials. A small collection facility occupies an area of not more than 500 sq. ft., is intended for the collection of recyclable materials, and may include kiosks, igloos, bins, trailers, or bulk reverse vending machines. These facilities are generally temporary and must be accessory to a primary use on the same parcel.

84. Spandrel Glass. Opaque glass that conceals what is behind it, often used to hide structural building components and utilities.

85. Standing Seam. A manner of joining flat panels with an interlocking edge that stands forward of the principal surface.

86. Stoop. An outside landing immediately adjacent to a building entrance but not sheltered by a roof.

87. Surface parking. Parking that is not enclosed at finished grade.

88. Theaters. Enclosed facilities used for the presentation of motion pictures, plays or other dramatic performances except adult motion pictures and live performances featuring sexually explicit behavior intended to arouse sexual excitement.

89. Upper-Story Façade. That part of the façade (exterior wall with associated elements) that is between the level of floor of the second floor and the level of the roof.

90. Vehicular Access. A driveway or other means of motor-vehicle approach onto

• property from a public right-of-way.

91. Vehicle Access, Allowable. Vehicle access that conforms to Vehicle Access and Parking standards, any other San Mateo County requirements, or as may be deemed necessary by the Planning and Building Department.

92. Veneer. A thin outer layer of material that conceals the main body of material.

93. Veterinary Hospitals for Small Animals. Establishments where cats, dogs, and other domestic animals generally of the same size or smaller are treated by a person(s) trained and licensed to provide medical care for animals. Veterinary hospitals may hold animals overnight on a limited basis if necessary for their proper medical or surgical treatment.

94. Walking Distance. For purposes of off-site or shared parking, walking distance is defined as the total distance traveled by foot along the shortest feasible route between the parking and the primary use. For the purposes of this section, walking distance shall be measured from the primary entrance of the primary use served, along a connection that meets Americans with Disabilities Act (ADA) requirements.

1. Permitted development types and uses, and permit requirements for each type and use, are presented in the following table and as follows:

   • a. Nonresidential Development. All types of entirely non-residential development shall be permitted only upon approval of a Use Permit. All non-residential development above the ground floor shall only be granted upon approval of a use permit.

   • b. Residential Development. All types of entirely residential development shall be allowed only upon approval of a Use Permit.

   • c. Mixed-Use Development. Mixed-Use Development with ground floor non- residential and residential above the ground floor is subject to the highest planning permit required for the specific non-residential uses in the development. If none of the discrete uses in the project require a planning permit, no such permit is required for the project.

2. For projects requiring no use permit, decisions on all associated approvals, including grading and land clearing permits, tree removal permits, and others shall be made at the staff level, based on the criteria established in the relevant regulations, and no hearings shall be required.

All new development must meet the following minimum standards:

1. Minimum Parcel Area and Width. The minimum parcel area shall be 5,000 sq. ft. and the minimum parcel width shall be 50 feet, except for multi-family attached residential ownership development, which shall have no minimum required parcel area or width.

2. Maximum Residential Density. The maximum density of residential uses shall be governed by the standards in the North Fair Oaks Community Plan Chapter 2 - Land Use.

3. Maximum Nonresidential Building Floor Area. The maximum building floor area of nonresidential uses shall be 150 percent of the total parcel area. Maximum nonresidential building floor area shall include the floor area of all stories of all buildings and accessory buildings on a parcel dedicated to nonresidential uses, excluding non-habitable space, as measured from the outside face of all exterior walls. Parking areas, including fully or partially enclosed areas dedicated to parking, shall be excluded from maximum nonresidential building floor area.

4. Building Setbacks and Stepbacks.

   • a. The minimum building setbacks shall be:

Front and Street Side Setbacks

A minimum setback to provide a 10-foot- wide sidewalk measured from back of curb

Interior Side Setback

5 feet adjacent to R-1 District, otherwise 0

Rear Setback

10 feet

• (1) Parcels facing El Camino Real, including corner parcels, must be developed with an El Camino Real frontage, with front and rear required setbacks and stepbacks determined by this orientation.

• (2) Parcels facing 5th Avenue must be developed with a 5th Avenue frontage, with front and rear required setbacks and stepbacks determined by this orientation.

• (3) Parcels with yards adjoining alley rights-of-way must have minimum five- foot setback on alleyfacing yards.

• (4) Signage and awnings may extend up to five feet into setbacks.

• (5) Balconies, eaves, building bays, and bay windows, may project up to three ft. into the required front setback of residential and mixed-use buildings above fifteen feet in building height, but may not obstruct the public right of way.

• b. Rear Stepback. A minimum stepback shall be provided at or below 20 feet in building height that in combination with the ground floor setback measures at least 20 feet from the rear property line. The stepback may be used for residential balcony space adjacent to the building.

c. Setback and Stepback Exceptions.

• (1) At the Director of Planning and Building’s discretion, minor exceptions to the required setbacks and stepbacks described above may be granted, on the Director’s finding that the combined setbacks and stepbacks proposed meet, in aggregate, the intent and purpose of the setback and stepback requirements, and the purpose of the North Fair Oaks Community Plan.

• (2) At the Director of Planning and Building’s discretion, building elements intended to meet the façade articulation design intent of the North Fair Oaks Community Plan may be allowed to encroach into setbacks at and above the ground floor, if the Director finds that such

encroachment is minor, and will not diminish the purpose of providing continuous publicrights-of-way.

5. Building Height. The maximum building height shall be 50 feet for all types of development. The minimum building height of new development shall be three stories, except in the case that a Use Permit is secured.

Height shall be measured as the vertical distance from any point on the finished grade to the topmost point of the building immediately above. Chimneys, pipes, elevator shafts, mechanical equipment and screening, antennae, and other similar structures may extend beyond the normal maximum height by up to 10 feet as required for safety or efficient operation. Architectural features on buildings located on corner parcels, such as cupolas and turrets, which have a width and depth not greater than 20 feet, may extend up to 10 feet beyond the normal maximum height.

6. Signs

• a. Prohibited Signs. The following signs shall be prohibited: b.

  • (1) Any sign that, because of its location, construction, colors, or operating characteristics, can be confused with or obscure a traffic control device or emergency vehicle.

  • (2) Signs having animated, moving, rotating, inflatable, or flashing parts.

  • (3) Signs emitting intense and focused beams of light, including beacons.

  • (4) Off-premises signs.

  • (5) Abandoned signs.

  • (6) Billboards.

  • (7) Any sign that because of its location, construction or other characteristics will impede pedestrian movement or safety or will limit transparency of ground floor non-residential use.

• c. Maximum Number of Signs. The maximum number of signs allowed on a parcel is one sign per parcel, or one sign per each 200 feet of parcel street frontage, or one sign per use, whichever is greatest.

• d. Maximum Total Sign Display Area. The maximum total display area for all signs on a parcel is threequarters square foot per foot of parcel street frontage.

• e. Maximum Window Sign Area. Signs located within windows and visible to the public shall not exceed 25% of the area of the window within which the sign is located. Window sign area does not count towards Maximum Total Sign Display Area.

• f. Maximum Sign Height. The maximum height of signs on a parcel is as follows:

  • (1) Attached signs shall not exceed the height of the building or structure to which the sign is attached and shall not extend above the roofline.

  • (2) Freestanding signs shall not exceed fifteen (15) feet.

• g. Sign Projection. Attached signs shall not project more than five feet from the building or structure to which the sign is attached. Attached or freestanding signs shall not project beyond any parcel boundary except signs may project into the public right-of-way subject to the approval of the Director of Public Works, and on El Camino Real, subject to the approval of Caltrans.

• h. Sign Design. The design of signs on the parcel shall reflect the architectural design of the building or structure with which the sign is associated, and incorporate unifying colors, materials, and features.

Development shall comply with the building and site design standards described in this section.

1. Minor Design Exceptions. A minor design exception from the standards in this section may be granted by the Director of Planning and Building upon a finding by the Director that the exception 1) is necessary for compliance with the building and site design requirements; 2) will not jeopardize public safety; 3) promotes or enhances good design, site relationships and other aesthetic considerations, in accordance with San Mateo County General Plan Policy 4.15 will be compatible with the neighborhood surrounding the parcel, and 4) will not be detrimental to the public welfare. The Director may require modifications to the proposed exception, including design, location, materials, colors, and landscaping requirements. The Director’s decision on an exception authorized by this Section shall not require a public hearing. The Director’s decision may be appealed to the Planning Commission.

2. Major Design Exception. The Planning Commission, at a public hearing, may grant a Use Permit to grant an exception from any provision in this Chapter which is not a minor design exception or minor parking exception.

3. Public Right-of-Way Improvements Required of Private Development

   • a. Sidewalks

   • (1) Create continuous accessible public sidewalks consistent with the Americans with Disabilities Act (ADA) and California Building Standards Code (Title 24 of the California Code of Regulations). A 5-foot wide uninterrupted path of travel shall be provided, which is free from fixed obstructions, including street trees, bike racks, trash receptacles, poles, and abovegrade utilities.

   • (2) Provide a minimum 8-foot-wide sidewalk measured from back of curb.

   • (3) Sidewalks shall be constructed according to specifications that can be obtained from the San Mateo County Department of Planning & Building.

• b. Street Trees

  • (1) Development shall provide street trees along public sidewalks that abut the project, consistent with the provisions of the Department of Public Works’ Tree Planting Application. Developments shall provide the maximum number of street trees that are consistent with the Department of Public Works’ standards. The number of required trees may be reduced at the discretion of the Director of Planning and Building.

  • (2) Street tree species shall be selected from a street tree list that can be obtained from the Department of Planning & Building.

  • (3) Street tree installation shall conform to San Mateo County standards, as established by the Department of Public Works.

  • (4) Installed trees shall be watered for at least 3 years by Developer/Property Manager and maintained/replaced by Developer/Property Manager.

  • (5) Sidewalks damaged/affected by trees planted as part of development, shall be replaced/repaired/maintained by Developer/Property Manager.

• c. Curb Cuts and Driveways

• (1) Development sites with street frontage along Middlefield Road shall not provide new vehicular access from these streets if vehicular access can be provided via another public street or a public alley. Existing vehicular access may be retained and/or relocated if the total amount of access is not increased.

  - (2) Curb cuts and driveways shall have a width of at least: 20 feet if used for commercial loading; 20 feet if the project has 11 or more on-site parking spaces; and 15 feet if not used for loading and the project has 10 or less on-site parking spaces. 
  
  - (3) The minimum distance between a driveway and a pole, utility box, fire hydrant, or other vertical obstruction, shall be at least 2 feet. 
  

  • d. Bike Racks and Refuse Receptacles

    • (1) Bike racks shall be oriented so bikes will be parked parallel with the curb.

  • e. Utilities

    • (1) Install any new distribution lines underground, including connections between buildings and utilities and modifications to existing utilities.

    • (2) Utility trenches shall be located at least ten feet from trees where feasible.

  • f. Alleys

    • (1) Projects that rely on vehicular access from a public alley, shall be responsible for making pavement repairs from between the point of site access to the street(s) to which the alley connects.

    • (2) Stop signs shall be installed at alley-street intersections in the direction of alley egress.

4. Building and Site Design Standards for Private Development

   • a. Building Design and Orientation

     • (1) All Front and Street Side Facades. For all facades that face a front or street side property line with no intervening building, the following standards shall apply.

       • (a) For each front and street side property line, one or more ground- floor building facades shall be built to within fifteen (15) feet of the front and street side property line for a distance not less than sixty- five percent (65%) of the property line’s length,

except where to do so would preclude: utilities, required building setbacks and/or allowable vehicle access.

  - (b) Ground-floor walls shall not extend for a width of more than 40 feet without being interrupted by a window, door, or garage opening. 

  - (c) Windows with unobscured glass shall comprise not less than twenty- five percent (25%) of the upper-floor façade area. 

  - (d) That part of bay windows (and associated walls) and/or balconies (and associated railings) that extend eighteen (18) inches or more from the facade shall comprise not less than ten percent (10%) of the upper-floor façade area. 

  - (e) A horizontal cornice shall be constructed at a level that is above the floor of the uppermost level. The cornice shall extend beyond the façade by not less than three (3) inches for a height not less than eleven (11) inches. 

• (2) Ground-Floor Commercial and Office Front Facades. For ground-floor facades that face a front property line with no intervening building, the following standards shall apply.

• (a) Entrances to a ground-floor commercial or office space shall have uninterrupted pedestrian access from a public sidewalk.

  - (b) An entrance to a ground-floor commercial or office space shall occur every 100 feet or less. 
  
  - (c) Doors to a ground-floor commercial or office space shall be recessed at least 3 feet from the front façade. 
  
  - (d) Not less than sixty percent (60%) of each ground-floor commercial or office façade shall be comprised of windows with clear glass and/or doors, within the façade area between 2.5 and 8 feet above grade. Ground-floor windows that count toward this requirement shall have clear glass and accompanied by: adjacent interior space that is unobstructed by walls or cabinets for a depth of at least 10 feet; and/or a display window case having a depth of at least three 
  

  • (3) feet, and with recessed ceiling lights or ceiling-mounted lights.

    • (a) Ground-floor entrances and windows shall be framed by columns and/or pilasters that are spaced not more than 25 feet apart.

    • (b) Ground-floor windows shall be set above a wall that is at least 18 inches in height.

  • (c) Ground-floor windows shall be sheltered from above by an exterior awning and/or rigid canopy, which extends horizontally at least three feet from the front façade. The bottom of awnings and canopies shall be at least 8 feet above finished grade.

  • (d) A ground-floor commercial or office space shall have a depth of not less than twenty (20) feet as measured from front façade and have a minimum height of 15 feet measured from floor to ceiling.

  • (e) The top of a ground-floor commercial or office façade shall be accompanied by a horizontal cornice located between fifteen (15) feet and twenty-five (25) feet of finished grade. To comply with this requirement, the cornice shall extend vertically beyond the façade by not less than three (3) inches and have a height of not less than eleven (11) inches.

  • (f) A ground-floor commercial or office space shall include connections for water, waste water and electricity, as well a vent for food service preparation.

• (3) Residential Front Facades. For residential facades that face a front property line with no intervening building, the following standards shall apply.

  • (a) Residential entrances shall have uninterrupted access from a public sidewalk.

  • (b) Residential entrances shall be accompanied by one of the following: a porch covered entirely by a roof; a stoop with a doorway that is recessed by at least two (2) feet; or an interior lobby. The landing or

    • floor for these features shall have an unobstructed (clear) width of not less than four (4) feet.

  • (c) The elevation of the lowest residential floor shall be raised above finished grade by at least two (2) feet if within 5 feet of a front property line, and at least one (1) foot if within 10 feet of a front property line.

  • (d) At least twenty-five percent (25%) of each residential ground-floor façade shall be comprised of clear windows and/or doors with windows. Ground-floor windows that count toward this requirement shall be clear.

• (e) Windows for residential ground-floor living space shall have a sill height of at least 3 feet above floor level.

b. Building Elements & Materials

(1) Windows

• (a) Exterior windows for inhabited space shall use clear glass having at least 90 percent light transmission within the visible spectrum, and shall not be mirrored or frosted, except for bathroom and utility room windows.

• (b) Window glass shall be recessed at least 2 inches from the adjacent trim or from the façade if no trim is used.

• (c) Window mullions shall not be behind glass when viewed from the outside.

• (d) Rooms with exterior windows shall include at least one operable window, except where fixed windows are required to mitigate noise or air quality impacts.

• (2) Exterior Finishes

  • (a) Where visible, the same exterior material shall be used around outer/convex corners in both horizontal directions for at least four (4) feet or until the material meets an interior/concave corner.

  • (b) Where visible, corner boards, corner panels, L-channel metalwork, or other concealment shall be used at outer/convex corners where board ends or veneer edges would otherwise be revealed.

  • (c) Prohibited exterior finishes include: unfinished cinder block; unfinished cement block; corrugated metal siding; and mirrored glass.

  • (d) An anti-graffiti coating shall be applied to the portions of ground floor walls within 15 feet of public sidewalks.

• (3) Roofs.

  • (a) Sloped roofs shall be accompanied by an eave that extends beyond the façade by not less than eighteen (18) inches.

• (4) Roof-Mounted Mechanical Equipment

  - (a) Mechanical equipment located on a roof, shall be: entirely recessed within a sloped roof, and/or surrounded on all sides by an opaque parapet with a top edge as high as topmost point of the equipment. 
  
  - (b) The following are exempt: solar panels, wireless communications equipment, window cleaning systems, equipment required by fire departments and other public agencies, and appurtenances associated with the above. 
  

• c. Site Features

  • (1) Walls & Fences

    • (a) Walls along interior property lines. A masonry wall that is 6 to 8 feet in height shall be erected along any interior side and rear property lines, except within fifteen (15) feet of the street-facing property line.

    • (b) Where visible and within 15 feet of street-facing property lines, fences shall not exceed 4 feet in height, masonry walls are not permitted, and chain link and corrugated fences are not permitted. Where visible and within 15 feet of street, chain link and corrugated metal fences are prohibited.

  • (2) Mechanical Equipment

    • (a) Mechanical equipment located in a street-facing building setback shall comply with utility provider standards and shall be in a vault that is entirely below finished grade; or surrounded on sides facing and perpendicular to the street by an opaque fence or gate, which have a height not less than 6 inches above topmost point of the equipment.

• (b) If utility provider requirement conflict with design standards, then utility provider requirements shall take precedence.

  • (3) Vehicle Access and Parking

    • (a) Development sites with street frontage along El Camino Real or on Middlefield Road shall not provide a driveway from these streets if vehicle access can be provided by way of another public street or a public alley.

    • (b) Driveways and garage entrances shall not exceed a width of 25 feet.

    • (c) Surface parking spaces shall be set back at least 15 feet from a street right-of-way and shall be screened by a fence or wall that is at 3-4 feet in height, and/or shrubs expected to grow to a height of at least 3 feet at maturity.

  • (4) Refuse and Recycling Collection Areas

    • (a) Every project shall have not less than one (1) refuse and recycling collection area.

    • (b) Refuse and recycling collection areas shall not be less than ten (10) feet wide and ten (10) feet deep.

    • (c) Refuse and recycling collection area shall be accompanied by a direct unobstructed access by collection crews along a paved path that is not less than five feet in width.

    • (d) Refuse and recycling collection areas shall not be located within 20 feet of a street right-of-way, unless entirely enclosed within a building and where building openings for access are accompanied by a gate or doors.

    • (e) Refuse and recycling collection areas that are not within a building shall be fully enclosed by a solid wall or opaque fence between six (6) feet and eight (8) feet in height, except to provide access on one side. Openings for access shall be accompanied by a gate not less than 4 feet in height.

  • (5) Loading Areas

    • (a) One (1) on-site loading space is required for new retail sale, hotel, and/or theater space with a combined net floor area exceeding 10,000 square feet. For each additional 40,000 above 10,000 square feet, one additional loading space shall be provided.

    • (b) Loading areas shall not extend into street rights-of-way, nor shall associated truck parking aprons.

    • (c) Each required loading space shall be at least 10 feet wide and 25 feet long, exclusive of driveways, aisleways, or turnaround areas. Loading space access shall provide not be less than fifteen (15) of vertical clearance.

• d. Utilities

  • (1) All projects shall install any required new distribution lines underground, including connections between buildings and utilities or modifications to existing utilities. Utility trenches shall be located not less than five (5) feet from trees being preserved.

• e. Landscaping

  • (1) Not less than 90% of those portions of site area that are within fifteen (15) feet of a streetfacing property line and are not occupied by a building, vehicle access, utilities, play areas, dining area, seating area, or required site feature, shall be landscaped.

  • (2) Projects with a combined landscaped area exceeding 500 square feet shall be consistent with the County’s Water Efficient Landscape Ordinance.

No use may be conducted in a manner which, in the determination of the Director of Planning and Building, does not meet the performance standards below. Measurement, observation, or other means of evaluation shall be made at the limits of the property, unless otherwise specified.

1. Noise. No use will be permitted which generates noise levels that exceed San Mateo County Ordinance Code Noise Control standards (see Ordinance Code Chapter 4.88).

2. Lighting. All exterior and interior lighting shall be dark-sky compliant and designed and located so that direct rays and glare are confined to the premises, with the exception of lighting on the front building façade which may light the public sidewalk. Flood lights shall be prohibited, unless an applicant demonstrates to the satisfaction of the Director of Planning and Building that such additional lighting is necessary for public health and safety.

3. Trash and Debris. All trash, boxes, or similar debris shall be picked up on a regular basis and stored in refuse containers that are screened from public view.

4. Stormwater Management. Projects shall conform to San Mateo County Stormwater Pollution Prevention Program’s C.3 Technical Guidance in the design and location of buildings and other site features.

5. Transportation. Development projects that generate at least 100 average daily trips (ADT) shall adhere to the City/County Association of Governments of San Mateo County (C/CAG) TDM Policy, which requires applicants to submit a TDM Checklist with their development application that lists measures to be implemented to mitigate traffic impacts at desired trip reduction target thresholds. San Mateo County staff will notify C/CAG of any new development project within its purview that is estimated to generate at least 100 ADT within ten days of receipt of an application.

6. Mitigation Measures. Projects shall implement all applicable mitigation measures contained in the North Fair Oaks Rezoning and General Plan Amendment Project Final EIR (2023).

Farmers Markets are allowed in the CMU-2 Zoning District subject to a Farmers Market Permit and must meet the following standards:

1. All markets must be California Certified Farmers Markets. All markets must comply with the definitions and standards included in this Chapter.

2. No market may operate continuously for more than 6 hours.

3. Markets may locate on side streets, public spaces, plazas, or private open spaces such as parking lots or similar areas.

4. Markets must be open to the general public during all hours of operation.

5. All Farmers Markets and their vendors must obtain all required operating and health permits, licenses, and certificates of insurance, and these documents (or copies) shall be in the possession of the Famers Market manager or the vendor, as applicable, on the site of the Farmers Market during all hours of operation.

6. All Farmers Markets must provide for composting, recycling, and waste removal in accordance with all applicable federal, state, and local laws, including but not limited to the San Mateo County Ordinance Code. The Farmers Market management is responsible for ensuring that the site is restored to a neat condition by no later than the end of the Farmers Market day.

Parking shall comply with all of the provisions of Chapter 8.344 of the Zoning Regulations, except as provided below:

1. Section 8.344.030, Parking Spaces Required. Section 8.344.030 shall be governed by Table 1 in this Section 8.122.080, which sets forth the minimum number of off-street parking spaces required. Parking spaces required by Table 1 may also be modified by the amounts set forth in the Shared Parking and Off-Site Parking regulations in this Chapter. For uses not listed in Table 1, the provisions of Section 8.344.030 shall apply.

2. Section 8.344.020(a), Size and Access. Notwithstanding Section 8.344.020(a), in the CMU-2 District, a maximum of 25% of the parking spaces required by Table 1 may be compact parking spaces with an area of 128 sq. ft. and minimum dimensions of 8 ft. in width by 16 ft. in length. Parking stall height shall be no less than 7 ft. and 2 in. from the parking surface to ceiling fixtures, pipes, or structural elements. Accessible parking stalls shall have a height of no less than 8 feet and 4 inches to ceiling fixtures, pipes, or structural elements. The Director of Planning and Building shall approve the heights for all parking stalls with mechanical lifts.

3. The stacking of two or more automobiles via a mechanical car lift or computerized parking structure is permitted within enclosed parking areas. The platform of the mechanical lift on which the automobile is first placed shall be individually and easily accessible and shall be placed so that the location of the platform and drive aisles ensures adequate provision for ingress and egress to all parking spaces in the platform system. The lift equipment or computerized parking structure shall meet all applicable building, mechanical, and electrical code requirements as approved by the Building Official.

TABLE 1 REQUIRED PARKING

The total number of parking spaces required per Section 6568.8 may be reduced in accordance with the following provisions.

1. Shared Parking

   • a. Applicability. Subject to this section’s requirements and the securing of a Use Permit in accordance with the provisions of Section 6503, an applicant may apply for authorization for shared parking to meet the minimum parking requirements for shared parking facilities serving more than one use on a site, or for multiple uses that are located near one another, and which have different peak parking demands and/or operating hours.

   • b. Analysis Required. In addition to the procedures established in Section 8.280.030 of the Zoning Regulations, requests for shared parking shall comply with this Section’s standards and criteria. A parking analysis shall be submitted as part of the application which clearly establishes that the subject uses will use the shared parking spaces at different times of the day, week, month, or year. The analysis shall reference a shared parking study prepared by a qualified professional. A shared parking study shall, at a minimum address:

     • (1) The intensity and type of activities and the composition of uses;

     • (2) Hours of operation of each separate use;

     • (3) The rate of turnover for proposed shared spaces;

     • (4) Distances of shared parking spaces from the uses they serve; and

• (5) The anticipated peak parking and traffic loads for the site.

• (6) Parking spaces reserved for a specific tenant or dwelling unit shall not be included in the shared parking calculation.

If the shared parking spaces are located on a different parcel than the primary use(s) served, such off-site spaces shall be located within a walking distance no greater than 800 feet from the use served, unless the use being served is residential, in which case such off- site spaces shall be located within a walking distance no greater than 400 feet from the use served.

• a. Findings Required. Issuance of a Use Permit authorizing shared parking may reduce the total number of spaces required by this Chapter, if the deciding body issuing the relevant Use Permit makes all of the following findings, in addition to the findings required in Section 8.280.030:

  • (1) The spaces to be provided will be available as long as the uses requiring the spaces are in operation;

  • (2) The peak hours of parking demand from all uses do not coincide in such a way that peak demand is greater than the parking provided;

  • (3) The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if shared parking is not provided; and

  • (4) A written agreement between the property owner(s) and the County, in a form satisfactory to County Counsel, is submitted, and that the agreement includes:

• (a) A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking, and a guarantee that any change of use or property ownership of shared parking will require immediate written notification to the County Planning and Building Department;

  - (b) A guarantee among the property owner(s) for access to and use of the shared parking facilities, including provisions for transfer of shared parking rights to new property owners if property on which shared parking is located changes ownership; 
  
  - (c) A provision that the County may require parking facilities in addition to those originally approved, upon finding by the Planning Commission that adequate parking to serve the use(s) has not been provided; and 
  
     - (d) A provision stating that the County, acting through the Planning Commission, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the Use Permit and/or agreement at any time.
  

2. Off-Site Parking

   • a. Applicability. Subject to this section’s requirements and the securing of a Use Permit in accordance with the provisions of Section 6503, required parking may be located on a parcel different than the primary use for which the parking is provided (“off-site parking”).

   • b. Standards Required. In addition to the procedures established in Section 6503 of the Zoning Regulations, requests for off-site parking shall comply with this Section’s standards and criteria.

     • (1) Parking requirements may be satisfied by the provision of parking on another parcel, if dedicated access to the off-site spaces is demonstrated by ownership or a current lease. Changes in ownership, termination of leases that infringe dedicated access to any of the required parking spaces, shall result in revocation of the Use Permit until the parking deficiency is remedied.

     • (2) Off-site parking shall be located within a walking distance no greater than 800 feet from the use served, unless the use being served is residential, in which case such off-site spaces shall be located within a walking distance no greater than 400 feet from the use served.

     • (3) In the event that a shared parking entity has been formed and is fully operational, the documented parking spaces allocated to the parcel will count toward the vehicle parking requirement. Although allocated to a specified parcel, said spaces need not be specifically reserved for said specified parcel.

   • c. Findings Required. A Use Permit for off-site parking may be approved if the following findings are made, in addition to the findings required in Section 6503:

     • (1) The off-site spaces will be available as long as the uses requiring the spaces are in operation;

     • (2) The peak hours of parking demand from all uses do not coincide in such a way that peak demand is greater than the parking provided;

     • (3) The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if off-site parking is not provided; and

• (4) A written agreement between the property owner(s) and the County, in a form satisfactory to County Counsel, that includes:

  - (a) A guarantee that there will be no alteration in the uses that will create a greater demand for parking, and a guarantee that any change of use will require immediate written notification to the County Planning and Building Department and a reassessment of the parking demand of the revised project and any necessary updates to the written agreement; 
  
  - (b) A guarantee among the property owner(s) for access to and use of the off-site parking facilities; 
  
  - (c) A provision that the County may require parking facilities in addition to those originally approved, upon finding by the Planning Commission that adequate parking to serve the use(s) has not been provided; and 
  
  - (d) A provision stating that the County, acting through the Planning Commission, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the Use Permit and/or agreement at any time. 
  

• d. Exceptions. In addition to the ability to obtain a Use Permit for shared parking or off-site parking, the Director of Planning and Building may grant an exception to modify the number of spaces, size, location, or design of required parking areas upon finding that extenuating and/or unusual circumstances exist that impair compliance with Section 6568.8. The Director of Planning and Building may grant an exception to modify the number of bicycle parking spaces required, the location of bicycle parking requirements, and/or the design of bicycle parking, if the applicant demonstrates that at least one of the following conditions exist:

  • (1) The number of spaces, location, and design of existing bicycle parking would adequately serve the new building occupants.

  • (2) Extenuating and/or unusual circumstances exist relating to property shape or location of development that impair compliance with Section 6568.8.

(Prior Ch. 29.2 § 6568-6568.9 Ord. 4787: 11/21/17)

(Prior code § 6568-6568.9 repealed/replaced Ord. 4883: 10/17/23)