Chapter 8.98 — W, WATERFRONT DISTRICT

The purposes of the Waterfront District are to:

1. Provide a “working waterfront” area intended primarily for the location of marine related trades and services and manufacturing land uses that support commercial fishing and recreational boating activities.

2. Accommodate a compatible mix of recreational, resource management and waste management land uses.

3. Protect the functional and economic viability of the “working waterfront” area by restricting incompatible land uses.

4. Support and strengthen the Coastside economy by providing trade and employment opportunities.

5. Encourage architectural design and site planning that will, as much as possible, enhance the appearance of a “working waterfront.”

6. Implement the policies of the San Mateo County General Plan, especially those concerning protection and development of coastal resources.

(Chapter 18.5 – Ord 2487 – 02/28/78

(Prior Code § 6285(3); Ord 2707 – 12/16/80)

(Prior Code § 6285; Ord 2776 – 04/82)

(Prior Code § 6285(7)(8)(9); Ord 3157 – 09/13/88)

(Chapter 18.5 – Ord 3294 – 03/12/91)

(Chapter 18.5 – Ord 3295 – 03/12/91)

1. Aquaculture (6.05.10)

The cultivation and husbandry of aquatic organisms, including but not limited to fish, shellfish, mollusks, crustaceans, kelp and algae.

2. Aquacultural Processing Facilities

Facilities for the processing, storing, packaging, and shipping of aquacultural products. Existing aquacultural processing facilities may be used for agricultural processing as a subordinate activity. The facilities may sell aquacultural and/or agricultural products which are packaged or processed on the premises.

3. Boat Building, Repair, Sales and Support Establishments

Commercial establishments primarily engaged in the assembly, repair, storage or sale of marine vessels and support services including, but not limited to, the sale of fuel.

4. Boat Launching and Docking Facilities

Ocean or lakeside facilities for small pleasure craft with associated features including piers, docks and boat launch ramps.

5. Caretaker’s Quarters

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. Caretaker’s quarters may include kitchen facilities.

6. Extraction of Chemicals from Seawater by Natural Evaporation

Solar evaporation ponds periodically flooded with seawater from which material or chemical precipitants are extracted and processed for sale and distribution.

7. Indoor Low to Moderate Impact Manufacturing

Manufacturing operations including fabricating, assembly, processing, packaging and distribution of goods that are conducted entirely within an enclosed, covered building and that do not impact the surrounding environment beyond a moderate level as determined by a set of performance standards measuring noise, smoke, odor, fumes, vibration, heat and glare, visual impacts, fire and explosion hazard and hazardous waste generation.

8. Indoor Storage of Goods, Excluding Extremely Hazardous Materials

Facilities and grounds which are primarily intended to provide space for the keeping of property, merchandise or equipment within one or more completely enclosed, covered structures, excluding extremely hazardous materials, as identified in the California Administrative Code.

9. Limited Keeping of Pets

The raising or maintaining of domestic birds or animals, excluding exotic animals, horses, livestock and poultry, and subject to the following limitations: (a) no more than four (4) dogs, or four (4) cats, or any combination of dogs and cats not exceeding a total of four (4); and (b) no 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 per business establishment in commercial or industrial zoning districts. The number of fish, reptiles, birds or other small animals caged indoors shall not be restricted unless they create noise or odor discernable outside the dwelling, or are kept in such a manner as to constitute a nuisance.

10. Linear Parks and Trails

Linear strips of land established for the purposes of walking, hiking, bicycling, horseback riding and boating, and comprising a natural or manmade linear resource such as stream drainage, bluff line, ridge, utility right-of-way, or service road.

11. Marine Related Clubs, Schools and Administrative Offices

Facilities used for marine activities including boat charters, boating clubs, sailing and marine skill schools, tour operators, and administration of small craft marinas.

12. Marine Research Facilities

Structures or grounds housing laboratory facilities for the systematic observation and experimental investigation of marine or oceanic behavior, including research and test facilities of a low intensity nature. Marine research facilities shall not involve any activity associated with onshore facilities for offshore oil.

13. 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.

14. Outdoor Low to Moderate Impact Manufacturing

Manufacturing operations including fabricating, assembly, processing, packaging and distribution of goods that are conducted partially or completely outside an enclosed, covered building and that do not impact the surrounding environment beyond a moderate level as determined by a set of performance standards measuring noise, smoke, odor, fumes, vibration, heat and glare, visual impacts, fire and explosion hazard and hazardous waste generation.

15. Outdoor Storage of Goods, Excluding Extremely Hazardous Materials

Facilities and grounds which are primarily intended to provide space for the keeping of property, merchandise or equipment where all or some of such items are kept outside a completely enclosed, covered structure, excluding extremely hazardous materials, as identified in the California Administrative Code.

16. Parks

Spacious areas of scenic and natural character where outdoor active recreation opportunities and facilities may be provided for public convenience and enjoyment, and within which special natural areas, geologic exhibits or historic places can be set aside.

17. Parking Lots and Garages

Public and private facilities which provide designated spaces for temporary storage of operable motor vehicles either in an open area or within a structure.

18. Recreation Areas

Outdoor areas used for a variety of outdoor recreational purposes, including areas that will provide for public use of natural and manmade water features, as well as for special recreation activities.

19. Retail Marine Supply Stores

Commercial establishments primarily engaged in sales to the general public of merchandise customarily used in connection with marine vessels and activities.

20. Sale of Freshly Caught Fish

Commercial sale of freshly caught fish from either a boat, vehicle, or structure.

21. Shoreline Access

Areas used for public access from a public road to and along the shoreline including vertical and lateral access as defined in the San Mateo County Local Coastal Program.

22. Shoreline Area

That area which includes those parcels adjacent to the shoreline, as designated on the Shoreline Area Map.

23. 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.

24. Wholesale Marine Supply Stores

Commercial establishments primarily engaged in bulk sales of merchandise associated with marine vessels or activities, generally for resale by other commercial dealers to the public.

(Prior Code § 6286.0.5; Ord 3300 – 03/12/91)

(Prior Code § 6286, 6287); Ord 3454 – 12/15/92)

(Prior Code § 6287.0; Ord 3300 – 03/12/91)

All new development must meet the following minimum standards:

1. Minimum Building Site. Each building site must have an area of not less than five thousand (5,000) sq. ft. and a width of not less than fifty (50) feet.

2. Building Height Limit. The maximum building height is thirty-six (36) feet, measured from finished grade to the highest point of the roof.

3. Lot Coverage. Not more than sixty (60) percent of the building site may be covered by buildings.

4. Impervious Surface Area. The amount of parcel area covered by impervious structures less than eighteen inches (18”) in height is limited to ten percent (10%) parcel size. The runoff equivalent of 10% (parcel size) could be achieved by directing runoff to on-site porous areas or through the use of detention basins. Impervious structures include, but are not limited to, non-porous driveways, decks, patios, walkways and swimming pools.

An exception to the limit may be granted by the Director of Planning and Building upon finding that off-site project drainage, i.e., runoff, will not exceed that amount equivalent to 10% (parcel size). The applicant shall submit a professionally prepared site plan showing topography, drainage, and calculations which demonstrates this finding can be made.

5. Outdoor Storage. The storage of miscellaneous materials, articles, equipment or scrap in support of a permitted use providing that the storage site is screened from view by a six (6) foot high solid wood, masonry or cyclone fence with wooden slats, dense landscaping, or a combination of fencing and landscaping materials.

6. Building Site Exception. Building sites which have a lot area less than five thousand (5,000) sq. ft., or width less than fifty (50) feet, may be developed, subject to the following findings and standards:

   • a. The parcel for which development is proposed was lawfully created in accordance with the applicable laws in effect when the land was divided.

   • b. The maximum building height shall be thirty (30) feet, measured from finished grade to the highest point of the roof.

   • c. Not more than fifty (50) percent of the building site shall be covered by buildings.

7. Landscaping. Landscaping must be provided in the following areas:

   • a. Parking Areas. In accordance with Section 8.344.050(a)1 and 4 of Title 8.

   • b. Additional Landscaping Requirements. In certain cases, landscaping may be required as a condition of use permit approval in order to: (a) provide a buffer between dissimilar uses; (b) screen equipment or materials stored out of doors; or (c) enhance the appearance of buildings.

8. Loading. Where feasible, a loading bay for loading and unloading may be required on site in order to minimize traffic hazards and congestion on roadways.

(Prior Code § 6288.0.4; Ord 4559 – 05/24/11)

(Prior Code § 6288.0.5-6288.0.7; Ord 4559 – 05/24/11)

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 following sound levels more than thirty minutes in any hour:

2. Odor. No use will be permitted which emits an odor or air pollutant, detectable without instruments, beyond the boundaries of the “Waterfront” District.

3. Lighting. All lighting, exterior and interior, must be designed and located so as to confine direct rays to the premises.

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

5. Winter Grading. Development related grading, e.g., site preparation, shall not occur between October 15 and April 15 in any given year unless the applicant demonstrates to the satisfaction of the Director of Planning and Building and Building Official that the development site will be effectively contained to prevent erosion and sedimentation, and that such site containment has been established and is ongoing. Site containment shall include, but not be limited to, covering stored equipment and materials, stabilizing site entrances and exposed slopes, containing or reducing runoff, and protecting drain inlets.

(Prior Code § 6289.1.5; Ord 4559 – 05/24/11)

1. Caretaker’s Quarters. A permanent accessory residential unit shall be permitted for the purposes of housing a caretaker employed on the site, providing that the total number of caretaker’s quarters in the Waterfront (W) District does not exceed twenty-five percent (25%) of the developed parcels in the district. Caretaker’s quarters are subject to the following requirements:

   • a. Minimum Parcel Area. The minimum parcel area to establish a caretaker’s quarters is 5,000 sq. ft., i.e., caretaker’s quarters are prohibited on non-conforming parcels.

   • b. Occupancy Requirements. The resident of the dwelling is to be the owner or lessee, or an employee of the owner or lessees of the site. The application for development of a caretaker’s quarters shall include a developer’s statement explaining the need for caretaker’s quarters and responsibilities of the caretaker/resident.

   • c. Development Standards. Caretaker’s quarters must conform to all of the development standards of the primary zoning district, including minimum building site requirements. In addition, caretaker’s quarters are subject to the following requirements:

     • (1) Establishment of Caretaker’s Quarters. Caretaker’s quarters must be built within the building of the primary use on the property.

     • (2) Maximum Unit Size. The floor area of a caretaker’s unit may not exceed thirty-five (35) percent of the floor area of the main building up to a maximum of seven hundred and fifty (750) sq. ft.

     • (3) Setbacks. Setbacks for caretaker’s quarters must conform to building code requirements.

• (4) Trailers and Mobile Homes. Trailers and mobile homes for caretaker’s residences are not permitted.

• (5) Acknowledgment of Land Use Priorities. A written statement will be obtained from each property owner at time of building permit for the caretaker’s quarters, acknowledging that marine and general industrial uses are the primary land uses in the Waterfront (W) District, and residents of caretaker’s quarters may be subject to inconveniences arising from the reasonable execution of such businesses.

(Prior Code § 6289.2; Ord 3300 – 03/12/91)

(Prior Code § 6289.2; Ord 4559 – 05/24/11)