Chapter 27.38 — CBD DISTRICTS— CENTRAL BUSINESS DISTRICT

(a) The purpose of the CBD District is to encourage the development and re-use of existing downtown structures as a center for retail, cultural, entertainment, and community service uses. Pedestrian activity should be strongly encouraged at the ground floor level, while upper floor office and residential uses should be encouraged to promote active daytime and nighttime use of the downtown area. Amenities that will enhance the downtown environment for public and public oriented uses shall also be encouraged.

(b) In order to insure that these purposes will be carried out, a basic set of regulations establishing maximum permitted floor area, building setback requirements, maximum height and bulk, minimum open space standards, and required retail ground floor uses have been set forth.

(c) For the areas in the required retail frontage area as designated by the Downtown Plan, it is intended that ground floor retail and service uses with windows be provided to maintain downtown's commercial vitality and continuity within the retail core. Uses within this area should enhance the pedestrian scale of the downtown core and allow for a compact walking environment in which all shopping opportunities are easily accessible. It is intended that all uses in this area maintain ground floor visibility to serve patrons on an unannounced or drop-in basis, conduct a majority of their business face-to-face on the premises with their customers, and maintain retail storefronts comparable to traditional retail sales operations, including display of goods and services for sale.

(d) The Central Business District zoning district will be restricted to those properties within a parking assessment district. It is the intent of these regulations to insure the continued growth and development of the downtown area, thereby enabling it to remain an important retail, cultural, entertainment, business, financial, and medical center of the City and of mid-San Mateo County. Residential uses will be encouraged by increased housing densities in the downtown area in order to provide a wide range of housing opportunities for growing number of downtown employees, as well as existing residents.

(e) It is the intent of these regulations to encourage development of higher intensity than in other parts of City in order to create the concentration of development and activity appropriate to a major business center. Development intensities should vary by subarea to minimize impacts on adjacent areas, moderate transportation and parking requirements, preserve essential physical characteristics of the primary shopping area, conserve architectural, historical and natural values and make new residential development possible.

Unless otherwise provided in this title, uses of building or land in this district and buildings hereafter erected, structurally altered or enlarged shall be limited to the following uses:

(a) Any use permitted in the C2 District, except an animal hospital and emergency shelters; provided that the use limitations contained in Section 27.38.110, Required Retail Frontage, shall apply to properties located within the required retail frontage area, as shown in the Downtown Plan.

(b) Multiple-family dwellings, when part of a mixed use development, subject to CBD residential development standards and affordable housing requirements as adopted by City Council resolution;

(c) Name plates and signs, as classified and regulated in Title 25.

The following uses may also be permitted if their site locations and proposed development plans are first approved as provided in Chapters 27.06 through 27.12, 27.62, 27.74, 27.78 and 27.80; however, the specific use limitations contained in Section 27.38.110, Required Retail Frontage,

shall apply to properties located within the required retail frontage area, as shown in the Downtown Plan:

(1) Amusement enterprises, commercial;

(2) Clubs, lodges and fraternal organizations, including the serving of food and beverages to members and their guests, and including such other facilities customarily provided for the comfort and convenience of the membership;

(3) Municipal or privately owned (religious or eleemosynary) recreation building or community center, including YWCA and YMCA buildings;

(4) Nonresidential planned unit developments;

(5) Public utility service uses and electrical substations;

(6) Bus or train terminal or other public transportation facilities;

• (7) Fire and police stations;

• (8) Post office, and other government agencies;

(9) Public art galleries, museums, and libraries;

(10) Telephone exchange or communications building, antenna towers and other outdoor equipment essential to the operation of the exchange or communications building;

(11) Auditorium, stadium, arena, armory, gymnasium, and other similar places for public events;

(12) Automobile service stations only when fully enclosed within a parking structure or other building;

(13) Churches and other places of religious worship except on parcels located within the required retail frontage area;

(14) Convalescent homes, rest homes, and nursing homes;

(15) Schools, philanthropic institutions, and day care facilities;

(16) Parking facilities:

(i) Parking lots outside the limited parking zone of the Central Parking and Improvement District,

(ii) Parking garages, private parking garages within the parking expansion zone of the Central Parking and Improvement District, and public parking garages;

(17) Hospitals and sanitariums, but not including animal hospitals;

(18) Mortuaries;

(19) Parks and community centers;

(20) Residential planned developments, subject to CBD residential development standards and affordable housing requirements as adopted by City Council resolution;

(21) Fast food restaurants, without drive-through or drive-in facilities;

 (22) Businesses selling or renting firearms as defined by Penal Code Section 12001(b) ;

(23) Drive-through facilities for financial institutions and for pharmacies dispensing only prescriptions or medicinal goods at the drive-through facility. Drive-through facilities for pharmacies shall be subject to the parking requirements for financial institution drive-through uses, as enumerated in Municipal Code Section 27.64.160(7)(a).

All nonresidential uses permitted in this district shall be subject to the following conditions:

(a) Automobile service stations, automobile repair facilities and other similar automobile service uses are not permitted, with the exception of an automobile service station fully enclosed within a parking structure or other building.

(b) There shall be no manufacturing, processing or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the same premises.

(c) All permitted uses in this district shall be conducted without objection from adjoining users due to odor, dust, smoke, noise, vibration, or other similar cause.

(d) Any exterior sign displayed shall pertain only to a use conducted within the building.

(e) All uses, including storage of equipment, materials, supplies, and commercial vehicles for off-site business permitted under this chapter shall be conducted wholly within an enclosed building, except as may be specifically authorized by special use permit or as an accessory use to an approved permitted or special use.

(f) All ground floor uses shall maintain visibility of their space from the street and maintain retail storefronts comparable to traditional retail sales operations, including display of goods and services for sale.

(Ord. No. 2012-8 § 3; Ord. No. 2001-28 § 1; Ord. No. 1995-12 § 2; Ord. No. 1991-12 § 67; Ord. No. 1986-14 § 1; Ord. No. 1969-34 § 1; prior code § 147.06(C).)

Cross References

Section 27.38.110(a)

Automobile parking and loading facilities shall be provided as required or permitted in

Chapter 27.64. Parking requirements for residential uses may be satisfied by a contract with the CPID or payment of in-lieu fees, provided at least one (1) parking space per unit is provided onsite.

The maximum floor area ratio and coverage shall be as follows:

• (a) The floor area ratio shall not exceed 3.0.

(b) The maximum parcel coverage is 100%.

(c) In this district, floor area devoted to above grade structured parking and lot area devoted to surface parking shall be included in the gross floor area for the purpose of calculating maximum permitted floor area ratio.

(d) For the downtown block bounded by B Street, Ellsworth Avenue, First Avenue and Second Avenue, floor area exclusions may be permitted for historic preservation in accordance with Land Use Element Area Specific Policy 3(c).

(Ord. No. 2001-28 § 1; Ord. No. 1992-2 § 26; Ord. No. 1986-14 § 1; Ord. No. 1979-1 § 16; Ord. No. 1969-34 § 1; prior code § 147.06(E).)

Cross References Section 27.39.060

Structures in this zone shall not exceed the maximum height and bulk as set forth in Chapter 27.40, Building Height and Bulk Overlay District and the Building Height Plan of the General Plan.

(a) Open space shall be provided in an amount equal to one percent (1%) of the nonresidential floor area of the project, not including parking, provided that there shall be no requirement for open space where the resulting open space would be less than 200 square feet.

(b) This required open space shall be usable open space located at ground level directly accessible to a public sidewalk with a minimum width along the sidewalk of 25 feet. Fifty percent of the required open space shall be unshaded between noon and 2:00 p.m. at the spring and fall equinox except where the open space is already shaded by an existing building and no other opportunities exist on the site. This open space area shall include provisions for public use facilities, such as seating for the public in the public areas.

(Ord. No. 2012-4 § 1; Ord. No. 2001-28 § 1; Ord. No. 1986-14 § 1.)

Cross References

Section 27.39.080

Section 27.62.150

In this district, building line and setbacks standards shall be as follows:

(a) New developments shall be built to the property line to a minimum height of 26 feet, up to the maximum height as permitted in the street wall area or to the maximum height permitted for parcels outside the street wall area, except where a setback is required to meet ground floor open space requirements or where a setback buffer is required adjacent to a residential district pursuant to the Building Height and Bulk Plan in the Downtown Plan.

(b) Up to 25% of the building line may be set back from the property line to provide for open space in excess of that required where the building is along a street designated for required retail frontage. An additional 15% may be set back in addition to the 25% if the site is not along a street designated for required retail frontage.

(c) Transfers of these requirements may be permitted among properties by Planning Commission approval of a special permit where the requirements are met for the entire block face. A transfer shall be by an agreement between the property owner and the City and shall be recorded.

(Ord. No. 2012-8 § 4; Ord. No. 2001-28 § 1; Ord. No. 1997-7 § 1; Ord. No. 1986-14 § 1.)

Cross References

Section 27.39.090

27.38.110 REQUIRED RETAIL FRONTAGE.

The following provisions apply in the required retail frontage area as shown in the City's Downtown Plan (the "Required Retail Frontage"):

(a) Permitted Uses. The following uses are permitted on the ground floor subject to the requirements in Section 27.38.040, Conditions of Use, and the standards listed in subsection (c) below:

(1) Retail Sales. Uses principally engaged in retail sale or rental of consumer or household goods, including ancillary repair services. These retail uses are characterized by faceto-face transactions conducted by both the buyer and seller on the business premises. Retail businesses that conduct a majority of their sales (over 50%) via the Internet or other means of telecommunications are not considered "retail" for the purposes of this section.

(2) Personal Services. Uses principally providing services of a personal convenience nature to the individual consumer. These types of uses are primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical personal services uses include, but are not limited to, beauty and hair salons, shoe repair shops and tailor shops. This definition of "Personal Services" does not include professions as defined in Section 5.24.160 of the City of San Mateo Municipal Code or any similar professions.

(3) Eating and Drinking Services. Uses principally engaged in the preparation and retail sale of food and/or beverages, but excluding uses principally involving food preparation for off-site catering.

(4) Theaters and Cultural Facilities. Uses providing entertainment such as motion pictures, plays or operas or cultural facilities such as a museum.

(5) Banks. Uses providing financial services including banks, savings and loan institutions, lending institutions, and credit unions unless located at the intersection of two (2) streets within the required retail frontage area as shown in the Downtown Plan; banks and other financial services are prohibited at these corner locations. Such uses shall be retail service in nature, dedicated to serving the general customer, and not be open by appointment only. At least 50% of the ground floor area shall be devoted to this type of retail, customer serving use.

(b) Special Uses. The following uses are permitted subject to approval of a special use permit:

(1) All Properties. Any other use deemed similar in nature and operation to the permitted uses, and found to be consistent with the purposes of this chapter and the policies of the Downtown Plan, may be authorized upon approval of a special use permit by the Planning Commission, subject to the provisions of Chapters 27.08, Rules of Procedure, and 27.74, Special Use Permits, unless appealed to the City Council in accordance with Section 27.08.060.

(2) Ground Floor Dependent Offices on Non-Corner Properties. Offices used for on-site property management, or for professional or consulting services, including, but not limited to, travel agencies, insurance agencies, income tax preparers, real estate agencies and notary publics, when not exceeding 2,500 square feet per building and not located at the intersection of two (2) streets within the required retail frontage area as shown in the Downtown Plan. Such uses shall require ground floor visibility to serve patrons on an unannounced or drop-in basis, shall conduct a majority of their business face-to-face on the premises with their customers, and shall maintain retail storefronts comparable to traditional retail sales operations, including display of goods and services for sale.

(c) Standards.

(1) Ground Floor Retail Frontage Width and Depth Standards.

(i) For non-corner properties with street frontage widths of 25 linear feet or less, at least 67% of the building's street frontage, to a depth of 60 feet, shall be limited to the permitted uses specified above.

(ii) For non-corner properties with street frontage widths greater than 25 linear feet, at least 75% of the building's street frontage, to a depth of 60 feet, shall be limited to the permitted uses specified above.

(iii) Reduction in Ground Floor Retail Frontage Width and Depth Requirement. Reductions in the above requirements may be authorized upon approval of a special use permit by the Planning Commission, subject to the provisions of Chapters 27.08, Rules of Procedure, and 27.74, Special Use Permits, and if each of the following findings can be made in addition to the findings required for special use permits:

(A) The property has physical limitations such as narrow building or lot width, or an unusual building or lot configuration which renders it infeasible to meet the retail depth and width requirements set forth above; and

(B) The proposed uses and associated changes to the building and property are consistent with the purposes of this chapter, and applicable policies pertaining to downtown including, but not limited to the General Plan, Downtown Plan, and Pedestrian Master Plan.

(2) Public Access. All permitted and specially-permitted uses shall be directly accessible from a public sidewalk or a plaza accessible from the public sidewalk along the required frontage.

(3) View of Interior Space. New or reconstructed building walls at the ground level shall have at least 75% of the width along the street devoted to pedestrian entrances, transparent show or display windows of at least two (2) feet in depth, or windows affording a view of retail, office, or lobby space.

(4) Ground Floor Entries to Other Uses.

(i) For lots with street frontage widths of 25 linear feet or less, not more than 33% of the street frontage shall be devoted to entrances to uses other than the above permitted uses.

(ii) For lots with street frontage widths greater than 25 linear feet, not more than 25% of the street frontage shall be devoted to entrances to uses other than the above permitted uses.

(5) Location of Parking. Surface parking shall not be permitted within 50 feet of property lines designated for required retail frontage and shall be required to be located behind a building meeting the requirements of this title.

(6) Second Floor Offices. Second floor offices, including medical and dental clinics, and financial institutions are permitted only if the ground floor of the structure is occupied by one (1) of the permitted uses listed above.

(Ord. No. 2012-8 § 5; Ord. No. 2001-28 § 1; Ord. No. 2000-16 § 2; Ord. No. 1993-7 § 2; Ord. 1989-19 §§ 2, 3; Ord. No. 1986-14 § 1.)

Cross References

Section 27.38.020(a)

Section 27.38.030

Section 27.39.100

(a) When a CBD-zoned plot abuts any residential district, an adequate landscape planting buffer shall be maintained adjacent to the R-zoned property. The depth of this buffer along interior lot lines shall be equal to at least one-half the height of the building, or 15 feet, whichever is greater. No buffer shall be required along street frontages abutting R-zoned property. Open parking otherwise in conformance with standards listed in this chapter may be permitted within the required buffer area except as required in Section 27.64.140 of the off-street parking code. No portion of the building is exempt from the buffer requirements.

(b) Required Fences or Walls. A solid fence or solid wall is required for parcels abutting residential districts as provided in Section 27.84.030.

(Ord. No. 2001-28 § 1; Ord. No. 1997-21 § 5; Ord. No. 1995-8 § 7; Ord. No. 1992-16 § 11; Ord. No. 1987-29 § 1; Ord. No. 1986-14 § 1; Ord. No. 1979-1 § 18; Ord. No. 1975-31 § 1; Ord. No. 1969-34 § 1; prior code § 147.06(F).)

Cross References

Section 27.39.110

In this district, residential uses shall be permitted as part of mixed use developments, subject to the following conditions:

(a) Unit Density.

(1) CBD (Central Business District). Residential development on properties zoned CBD shall not exceed 50 units per acre regardless of parcel size.

(2) CBD/R (Central Business District/Residential Overlay District—Mixed Use). Residential development on properties zoned CBD/R shall be subject to /R density standards.

(b) Floor Area. Any portion of lot area used for surface parking or above grade parking shall be included in floor area for the purposes of computing maximum permissible floor area.

(c) Open Space. Residential development shall include private usable open space equal to at least 80 square feet per dwelling unit or common usable open space equal to at least 150% of the private usable open space requirements, or a combination of both.

Private usable open space used to fulfill this requirement shall have a usable area of not less than 75 square feet and shall not be less than six (6) feet in any dimension.

(Ord. No. 2001-28 § 1; Ord. No. 1992-4 § 3; Ord. No. 1992-2 § 29; Ord. No. 1986-14 § 1.)

Cross References

Section 27.39.120

To encourage development of large, vacant, underutilized parcels as designated in the Downtown Plan, exceptions from land use standards contained in this title may be granted upon approval of a downtown economic development permit by the City Council for properties in the Central Business District (CBD). Approval of such an application shall be based on the following findings:

(a) The project is consistent with the goal statements of the Downtown Plan;

(b) The project is of an excellent design quality and is consistent with the Downtown Retail Core and Downtown Historic District Design Guidelines;

(c) The project is a significant development which presents a substantial economic development opportunity for the City and attempts to maximize use of the site;

(d) The project has a minimum building floor area ratio of 1.0 (not including surface and structured parking) or includes a substantial public improvement such as a public parking garage, open space plaza, public marketplace or other public facility; and

(e) Any unmitigated significant impacts are outweighed by the project's economic, social or other benefits.

In no case, however, shall the project exceed the maximum height and bulk standard and building intensity standard as set forth in Chapter 27.40, Building Height and Bulk Overlay District and the Building Height and Intensity Plan of the General Plan.