Chapter 8.88 — M1/NFO DISTRICT (MIXED-USE INDUSTRIAL/NORTH FAIR OAKS)

The following regulations shall apply within those areas in North Fair Oaks which are zoned M-1/NFO.

(Prior code § 6276; Ord. 1186, 10/08/93) (Regulations for M-1/NFO District)

The purposes of the M-1/NFO District are to:

1. Provide industrial areas intended primarily for the location of manufacturing land uses that do not create more than a moderate impact on the surrounding area and are appropriately scaled and set back from adjacent residential land uses.

2. Accommodate a compatible mix of trades and services, transportation, commercial, public, residential, communication, and institutional land uses.

3. Accommodate mixed-use development that will create a vibrant, livable environment for area residents, improving access to local goods, services and employment.

4. Protect the functional and economic viability of industrial areas by restricting incompatible land uses.

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

1. Administrative, Professional and Business Offices

Establishments performing management, administrative, professional or consulting services including, but not limited to, government, law, real estate, accounting and other business offices.

2. Ambulance and Paramedic Services

Facilities used for medical emergency response services.

3. Animal Shelters

Establishments which temporarily house unwanted animals indoors including, but not limited to, humane societies.

4. Artist Studios

Buildings used for the small-scale production and sale of paintings, graphics, photographs, textiles, sculpture, pottery, and other handmade goods.

5. Auto Shops and Garages

Commercial establishments primarily engaged in motor vehicle maintenance and repair services including, but not limited to, major repair work, painting and body work that occurs within an enclosed covered building. Auto shops and garages do not include salvage yards or junk yards, i.e., auto wrecking and dismantling businesses.

6. Bars

Commercial establishments primarily engaged in the sale of alcoholic beverages to the general public for immediate consumption on the premises, which may also offer food and entertainment on a limited basis, but not adult entertainment featuring sexually explicit behavior intended to arouse sexual excitement.

7. Car Washes

Commercial establishments primarily engaged in cleaning cars or other motor vehicles, or in furnishing facilities to the general public for the washing of motor vehicles on the premises. Car washes may include the sale of fuel.

8. Caretaker Units

An area within a building that is intended for residential use by a person(s) to look after the property on which the caretaker’s quarters are located, provided that:

• a. The resident of the dwelling is to be the owner, lessee, or an employee of the owner or lessees, of an industrial use on the site. The use permit application for the development of caretaker quarters shall include a statement explaining the need for caretaker quarters and responsibilities of the

caretaker/resident. Issuance of a use permit for caretaker quarters shall not precede the appropriate building permit application(s) for industrial uses on the site consistent with the allowed uses in the M-1 district.

• b. The floor area of the caretaker unit shall not exceed thirty-five (35) percent of the floor area of the main building on the site up to a maximum of 1,200 square feet.

• c. Setbacks for caretaker quarters shall conform to Uniform Building Code requirements.

• d. Trailers and/or mobile homes for caretaker quarters are not permitted.

9. Catteries

A place for the breeding, raising, keeping, boarding or other handling of more than ten (10) cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at a cattery include, but are not limited to, grooming, training, and sales of animals and supplies.

10. Construction and Maintenance Trade and Service Establishments

Indoor business establishments consisting of offices, workshops and incidental areas for storage of equipment and supplies that provide services, which are primarily delivered off-site including, but not limited to, building contractors, janitorial services, or landscape maintenance services.

11. Distillation of Spirits and Wine and Brewing of Beer

Breweries, microbreweries, wineries and distilleries for the manufacture, blending, fermentation of beer, wine or spirits, which may include tasting rooms, tours, and temporary special events and food trucks, and which have a current and applicable California Alcohol Beverage Control license.

12. Dwelling, Multiple

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

13. Educational Facilities

Public or private educational facilities, or schools offering instruction, including academic, trade or other specialized instruction, to students, including conservatories for the instruction of music and the arts.

14. Electronic Game Amusement Arcades

Commercial establishments featuring the operation of six or more coin or token-operated electronic games.

15. Energy Utility Facilities

All gas compression stations, electrical power substations and associated service facilities.

16. 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.

17. Food Establishments Specializing in Carry-Out or Delivery Service

Commercial establishments engaged in the provision of prepared food to the general public primarily for consumption elsewhere, but may include limited seating or drive-through take-out service.

18. Indoor Exercise and Leisure Facilities

Enclosed facilities used for active recreation including exercise and athletic clubs, bowling alleys, skating rinks, billiard halls, dance halls and academies, or similar uses.

19. Indoor Kennels

A place for the keeping, boarding or other handling of more than ten (10) dogs, or more than ten (10) dogs and cats per dwelling unit or per business establishment. Ancillary activities that may be conducted in association with the keeping of animals at a kennel include, but are not limited to, grooming, training, and sales of animals and supplies.

20. Indoor Light Manufacturing

Manufacturing operations, including fabricating, assembling, or processing products from previously manufactured raw, or prepared materials that are conducted entirely within an enclosed, covered building. Indoor low to moderate impact manufacturing operations have a low to moderate impact on surrounding development with regard to noise, smoke, odor, fumes, vibration, heat and glare and visual impacts, and do not

rations, including fabricating, assembling, or processing products from previously manufactured raw, or prepared materials that are conducted entirely within an enclosed, covered building. Indoor low to moderate impact manufacturing operations have a low to moderate impact on surrounding development with regard to noise, smoke, odor, fumes, vibration, heat and glare and visual impacts, and do not

use acutely hazardous materials, as identified in the California Administrative Code. Indoor light manufacturing operations include, but are not limited to, cabinet making and woodworking, plastic and ceramic products manufacturing, metal working, machining and welding, electronic products and parts manufacturing, and textile manufacturing.

21. Indoor Wholesale Establishments

Commercial establishments engaged in bulk sales of goods primarily to licensed merchants and members of consumer discount associations or clubs.

22. Indoor Storage of Non-Hazardous Goods, Warehouses, and Distribution

Establishments for receiving, storing and transporting goods and materials that require protection from the elements, including but not limited to associated handling equipment, facilities for refrigeration shipping operations and associated trucking, and the needs of the operating personnel within one or more completely enclosed, covered structures, excluding acutely hazardous materials, as defined in the California Administrative Code.

23. Indoor 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.

24. Institutional Facilities

Schools, religious institutions (facilities or meeting places used for worship or religious instruction including, but not limited to, churches, synagogues, mosques, and temples), municipal buildings, hospitals, or uses of a similar nature.

25. 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, and 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 two-family dwelling unit, multiple-family dwelling unit, or lawfully permitted and occupied second unit or farm labor housing unit; or (b) per business establishment in commercial or industrial zoning districts.

26. Live/Work Units

A single unit (e.g., studio, loft, or one bedroom) consisting of both commercial/office and residential components that is occupied by, and is the primary residence of, the same resident.

27. 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.

28. 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 motorvehicle related uses), office (including professional services), residential (dwellings), and institutional uses.

29. Motor Vehicle Fuel Sales or Charging Stations

Commercial establishments primarily engaged in the sale of gasoline or other combustive fuels to the general public, often on a self-service basis.

30. Motor Vehicle Sales or Rentals

Indoor commercial establishments primarily engaged in the retail sale or rental of motor vehicles or mobile homes, and which may include repair or service departments and sales of replacement parts and accessories.

31. Motor Vehicle Service Stations

Commercial establishments primarily engaged in the sale of fuel, or provision of electric vehicle charging, the servicing of motor vehicles and the provision of services to motorists including, but not limited to, the sale of vehicle parts and accessories, the performance of minor repairs and the sale of refreshments and sundry items.

32. Night Clubs with Entertainment

Commercial establishments that provide food, drink, and entertainment, such as musical or comedic performances, but do not provide adult entertainment featuring sexually explicit behavior intended to arouse sexual excitement.

33. Other Compatible Uses

Additional land uses 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.

34. Parking Garages

Public and private facilities which provide designated spaces for temporary storage of operable and currently registered motor vehicles only within a multi-story structure, including but not limited to the storage and retrieval of autonomous vehicles.

35. Radio and Television Stations

Facilities primarily engaged in activities involving the production and transmission of radio and television programs to the public.

36. Research and Development Facilities

Establishments engaged in study, testing, design, analysis, and experimental development of products, processes, or services, including incidental manufacturing of products or provision of services.

37. Restaurants

Commercial establishments which primarily serve prepared food to the general public for immediate consumption on the premises. Restaurants may include a bar as defined in Section 8.04.030.

38. Server Farm

A collection of computers or servers, usually maintained to store data or supply server functionality beyond the capability of a single machine.

39. Small Solid Waste Collection Facilities

Facilities, 500 sq. ft. or less in area, where discarded glass, paper or clothes or other recyclable materials are bought and/or collected including, but not limited to, containers, igloos, bins, groups of reverse vending machines and mobile units.

40. Telephone Communication Facilities

Facilities primarily engaged in furnishing telephone communication services including, but not limited to, establishments providing paging and telephone services containing telephone equipment, relay stations and service facilities.

41. Veterinary Hospitals for Small Animals

Establishments where cats, dogs and other domestic pets 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.

42. Wholesale Cleaning Establishments

Commercial establishments involving the washing, cleaning or dyeing of clothing, linens or other fabrics in large bulk, primarily for other businesses or institutions.

Prior code § 6276.2.6; Rep. Ord. 4844, 05/04/21)

For all new development in this district, any development not requiring a conditional use permit requires a Site Development Permit as described in Chapter 8.308. Changes of use do not require a Site Development Permit, regardless of other permits required.

(Prior code § 6276.3.Q.2; Ord. 4844, 05/04/21)

All new development must meet the following minimum standards:

1. Minimum Parcel Area and Width. The minimum parcel area shall be 10,000 sq. ft. and the minimum average parcel width shall be one hundred (100) feet.

2. Minimum Building Setbacks. The minimum building setbacks shall be:

• a. When the rear portion of an M-1/NFO zoned parcel is adjacent to a residentially zoned parcel, the building shall have a minimum 6-foot setback from the residential property line.

• b. All projects must provide at least 5-foot-wide sidewalks, measured from existing back of curb, or from the edge of the street right of way where no curb exists, on all streets adjacent to the parcel, on the parcel side only. Parcels facing Bay Road, Edison and Fair Oaks and Second Avenues shall provide 8-foot sidewalks along Bay Road, Fair Oaks Edison and Second Avenues, measured from existing back of curb, or from the edge of the street right of way where no curb exists, consistent with the Public Realm Design Standards in Chapter 8.308.

• c. Otherwise, the minimum setbacks are:

• d. Setback and Stepback Exceptions.

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.

At the Director of Planning and Building’s discretion, building elements intended to meet the façade articulation standards described in Chapter 8.308 of these regulations, “Design Standards and Site Development Permit,” 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 public-rights-of-way, as described in Chapter 8.308.

• e. Pervious Surface Requirement.

Regardless of required setbacks, all projects shall reserve sufficient open space to accommodate required pervious surface pursuant to the County’s Stormwater and Drainage Ordinance and Municipal Regional Permit for stormwater management.

3. Maximum Building Coverage. Maximum building coverage shall be eighty percent (80%) and shall include all: (1) buildings, (2) accessory buildings, and (3) structures such as patios, decks, balconies, and other similar uses which are eighteen (18) inches or more above the ground.

4. Maximum Building Floor Area. The maximum building floor area shall be limited by the following maximum ratio of building floor area to parcel area:

The building floor area shall include the floor area of all stories of all buildings and accessory buildings on a parcel. Maximum building floor area specifically includes: (1) the floor area of all stories, excluding uninhabitable or non-working areas, as measured from the outside face of all exterior walls, and (2) all other areas covered by a waterproof roof which extends 4 or more feet from exterior walls, over the area of all decks, porches, and balconies. Enclosed parking areas shall be excluded from total building floor area.

5. Maximum Building Height. The maximum building height of all allowed uses shall be 40 feet.

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, mechanical equipment, antennae, and other similar structures may extend beyond 40 feet to a maximum of 46 feet as required for safety or efficient operation.

6. Activities within Enclosed Structures. All projects shall comply with Chapter 8.328 which requires that all activities in any M-1 District shall be conducted entirely within an enclosed structure unless a use permit is obtained under the provisions of Chapter 8.280 or this Title for the conducting of such use wholly or in part outside of such structure, excepting reverse vending machines and small collection facilities for recyclable materials.

7. Signs.

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

   • (1) Any sign that, because of its location, construction, color, or operating characteristics, can be confused with 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. Existing billboards shall be considered legal non-conforming uses upon adoption of this ordinance and shall be subject to the provisions of the Non-Conforming Uses Chapter of the Zoning Regulations. Relocation of billboards, due to street widening or other right-of-way improvements, shall be subject to the provisions of the State of California Business and Professions Code (Section 5412).

• b. Maximum Number of Signs. The maximum number of signs allowed on a parcel is one (1) sign per parcel, or one (1) sign per each 200 feet of parcel street frontage, or one (1) sign per business, whichever is greatest.

• c. Maximum Total Sign Display Area. The maximum total display area of all signs on a parcel is threequarters (0.75) square foot per foot of parcel street frontage.

• d. 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 unless located adjacent to or across from a residentially zoned parcel, in which case such signs shall not exceed eight (8) feet.

• e. Sign Projection. Attached signs shall not project more than four (4) 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.

  • f. 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.

8. Screening.

   • a. Refuse, waste removal, and outdoor service/storage areas, where allowed, shall be screened with a six (6) foot solid wall or opaque fence/gate when visible from a public way or residentially zoned parcel.

   • b. A minimum six (6), not to exceed eight (8), foot masonry wall shall be erected along the entire common property line where an industrial use abuts a residentially zoned parcel. Other fencing along property lines shall be of opaque materials when visible from a public way or residentially zoned parcel and shall not include barbed wire.

   • c. Mechanical equipment (e.g., air conditioning, heating, compressor, generator, venting units) or other utility hardware on roof, ground, or buildings shall be screened with opaque materials compatible with the building, when visible from a public way or residentially zoned parcel.

   • d. All outdoor activities and operations not otherwise subject to the requirements of this Section shall be screened with a six (6) foot solid wall or opaque fence/gate, or other material approved by the Director of Planning and Building.

All Mixed-use and Residential development in the M-1/NFO District must comply with the design standards described in Chapter 8.308.115 and 8.308.116, and must obtain a site development permit according to the procedures and requirements described herein. All other projects shall be consistent with the following:

1. Building Design. Building design shall promote good transitions in scale and character when adjacent to or across the street from residential uses. In such cases, and where parcels have street frontages exceeding fifty (50) feet, building massing shall be staggered on the side(s) exceeding 50 feet in length and/or the sides across the street from residential uses.

2. Materials and Colors.

   • a. Prohibit the use of exposed cinder block on new development when located adjacent to or across the street from a residentially zoned parcel(s).

   • b. Minimize the use of colors that are brilliant, deep, highly contrasting and reflective (e.g.: pink, orange, blue, and purple). Use of these colors shall not cover more than twenty percent of any one exterior side of a building.

3. Landscaping.

   • a. When a parcel is located across the street from a residentially zoned parcel, the required front setback shall be landscaped to include trees (minimum 15-gallon size) at the rate of one tree per twenty-five feet of street frontage width.

When the determination of the number of trees results in a fractional number, any fraction of one-half or greater shall be rounded up to the next whole number. Any fraction less than one-half shall be disregarded.

• b. Off-street parking areas shall be screened with earthen berms and landscaping, including one tree (minimum 15-gallon size) per two (2) parking spaces, when located adjacent or across from a residentially zoned parcel.

4. Utilities. Install all new distribution lines underground. Minor renovations or additions to existing development can be exempted from this standard by the Director of Planning and Building.

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 determination shall be made at the limits of the property, unless otherwise specified.

1. Noise. No use will be permitted which exceeds the noise levels established in Section 4.88.330 in the County Ordinance Code:

2. Dust and Odor. No use will be permitted which emits dust, an odor or air pollutant, detectable without instruments, beyond the boundaries of the M-1/NFO District.

3. Vibration. No use will be permitted which causes vibration perceptible without instruments on adjoining property, except for temporary construction operations.

4. Lighting. Exterior lighting, including sign lighting, shall be located and directed so that direct rays and glare are confined to the premises.

5. Trash and Debris. All trash, boxes, or similar debris shall be picked up daily and stored in refuse containers that are screened from public view.

6. On-Site Activities. All uses, activities or operations shall be conducted entirely on the parcel, except that food service activities may occur beyond the parcel, as described in Section 8.88.040.

7. Compliance with Applicable Law. All uses shall comply with applicable County, State and federal laws.

Projects shall provide parking as required by 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 replaced by Table 1 in this Section 8.88.080, 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 M-1/NFO 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

TABLE 1

REQUIRED PARKING

TABLE 1

REQUIRED PARKING

TABLE 1

REQUIRED PARKING

TABLE 1

REQUIRED PARKING

Alternative parking approaches, including off-site and shared parking, are allowed subject to the standards and conditions described in Section 8.126.100, “Alternative Parking Approaches.”

(Prior code § 6276 - 6277.8; Amd. Ord. 4815, 07/23/19)

(Prior code § 6276.7.F.2; Rep. Ord. 4844, 05/04/21)