Local zoning · San Carlos

San Carlos — Variances and Exceptions

Variances and Exceptions under the San Carlos local zoning and planning code, with the controlling citations.

Last reviewed: July 2, 2026

Overview

This page summarizes how the City of San Carlos handles variances, waivers (also described as exceptions or administrative relief), and related adjustments under the local zoning ordinance (commonly titled Title 18). It explains who decides, what findings must be made, the limits on administrative waivers (including the 10% dimensional cap), and how these remedies differ from use permits or design review. For a high-level entry point to the city's planning rules see the San Carlos zoning & planning overview.

(Note: this page sticks strictly to the municipal zoning ordinance text as retrieved; where the ordinance does not supply details I state "Not found in retrieved materials" and flag the gap.)

Key chapters and quick links

  • Variances: § 18.32.010–.080
  • Waivers / Administrative exceptions (reasonable accommodation + limited relief): § 18.33.010–.060
  • Related definitions and common procedures (applications, appeals, expirations): § 18.16.x, § 18.27.x, § 18.28.x (definitions, common procedures, zoning clearance)
  • For dimensional and development standards referenced in waiver/variance requests see the San Carlos Development Standards and the allowed projection table (Table 18.15.080) . For parking-specific dimensional waivers see the Parking guidance.
  • Projects that also trigger design review should follow the San Carlos Design Review process.
  • Where the code refers to building-code conflicts the California Building Standards Code applies.

(First natural mention links: San Carlos zoning & planning overview, San Carlos Zoning, San Carlos Development Standards, San Carlos Parking, San Carlos Design Review, San Carlos Overlay Districts, San Carlos ADUs, California Building Standards Code.)


How San Carlos treats Variances vs Waivers (exceptions)

  • Variances are a discretionary, public‑hearing remedy to depart from dimensional or performance standards where unique physical circumstances of the property make strict application inequitable, but variances cannot be used to authorize a use that is not allowed by the zoning for the lot. Governing language: § 18.32.010–.020 (purpose and applicability).

  • Waivers are an administrative path (Director-level) to grant limited relief from dimensional requirements (typically up to 10%) and are intended both for routine administrative flexibility and for reasonable accommodation under State/Federal disability and fair housing laws; the Director may exceed 10% only for a demonstrated reasonable‑accommodation need. Governing language: § 18.33.010–.020 (purpose and applicability).

  • Review and decision authorities differ: the Planning and Transportation Commission is the decision maker for variances and holds a public hearing; the Director is the review authority for most waivers/administrative exceptions. See § 18.32.030 and § 18.33.030.

  • Both variances and waivers can be conditioned; failure to comply is an enforcement violation and both permit types are subject to expiration, extension, revocation, and appeal rules in the common procedures chapters. See § 18.32.050, § 18.32.060, § 18.32.080, and § 18.33.050–.060.


District-by-district breakdown (what the ordinance shows)

Below are districts mentioned in the retrieved materials where variance/waiver rules commonly apply. I only record ordinance text or figures that were included in the retrieved materials; when permitted uses or full dimensional tables are not in the retrieved snippets I note that.

RS-3 (single-family detached, small lot)

  • Purpose / typical uses: Not found in retrieved materials. Verify with the jurisdiction.
  • Key dimensional standards (items found in the code): allowed building projections and balcony rules reference RS-3; balconies and certain projections have special allowances (Table 18.15.080 references RS-3) — see § 18.15.080.
  • Where it applies: residential neighborhoods (verify parcel-specific zoning map). Not found in retrieved materials: complete permitted-use lists and base setbacks. Verify with the jurisdiction.

RS-6 (single-family detached)

  • Purpose / typical uses: Not found in retrieved materials. Verify with the jurisdiction.
  • Key dimensional standards: Table 18.15.080 contains projection rules specific to RS-6 (for example, balcony projection allowances), see § 18.15.080.

RM (multi‑family residential)

  • Purpose / typical uses: Not found in retrieved materials. Verify with the jurisdiction.
  • Key dimensional standards: RM appears in the list of districts subject to different design-review deviation rules and to the matrix of review authorities (e.g., deviations and design review thresholds reference RM/MU districts in the code). See the decision matrix in Chapter 18.04/18.05 and the application table.

MU-N-40 and MU-SC-120 (Mixed-Use variants)

  • Purpose / typical uses: Not found in retrieved materials as a full statement; these are mixed-use districts used downtown and along major corridors. Verify with the jurisdiction.
  • Key dimensional standards: The MU district signage in the building height and story tables (Figure 18.05.030-D) shows specific height and story limits and special stepback rules for MU districts including MU-N-40 and MU-SC-120 (e.g., variations in maximum stories, stepbacks along Laurel Street, allowances for parapet/tower projections). See § 18.05.030 and accompanying figures.

Notes: The ordinance contains many district-specific standards elsewhere (full permitted uses, setbacks, lot coverage, FAR) but those full district schedules were not included in the retrieved snippets. Verify parcel-specific rules with the Planning Division or the San Carlos zoning map. See the San Carlos Zoning page for district maps.


Decision‑relevant standards (quick reference table)

What the rule controls Short rule Code Reference
Definition of Variance Discretionary permission to depart from specific requirements because of special property circumstances; cannot authorize a use not otherwise allowed § 18.16.x (definition) and § 18.32.010–.020
Variance review authority Planning & Transportation Commission (public hearing) § 18.32.030
Variance required findings Property has exceptional circumstances; variance won’t grant special privileges, won’t impair public health/safety, and is consistent with General Plan/title § 18.32.040
Waiver (administrative exception) Director may grant relief from dimensional standards up to 10%; may exceed 10% for reasonable accommodation § 18.33.020
Waiver findings for reasonable accommodation Additional findings when waiver is based on federal/state reasonable‑accommodation law § 18.33.040 (findings)
Conditions / revocation / enforcement Conditions allowed; failure to comply is a violation; revocation rules per common procedures § 18.32.050, § 18.32.080, § 18.33.050–.060
Unconstitutional‑taking relief / special adjustments City Council (with legal advice) may approve reductions/waivers where applying a requirement would effectuate an unconstitutional taking — only to the extent necessary; must adopt written findings § 18.16.130(B) (and related provisions)
Projections and minor exceptions Allowed projections into yards and special rules for RS-3/RS-6 balconies; measurement conflicts default to the more restrictive (zoning vs CA Building Code) Table 18.15.080 / § 18.15.080

Checklist — what an applicant must show (minimum items)

  • Complete variance application form and fee; include plans and narrative per Common Procedures § 18.27.x. Not found in retrieved materials: full application form. Verify with the Planning Division.
  • For a variance: evidence and data demonstrating the required findings in § 18.32.040 (exceptional circumstances, not a special privilege, no harm to public health/safety, consistency with General Plan/title).
  • For a waiver: demonstrate the relief requested is dimensional, identify the precise standard(s) (setbacks, parking dimensions, fences, lot coverage, height, landscaping, etc.) and whether relief exceeds 10%; if so, document the reasonable accommodation basis. See § 18.33.020 and § 18.33.040.
  • Site plans and elevations showing existing and proposed conditions and quantifying the requested deviation from the standard (setbacks, height, coverage, parking stalls/aisle widths, etc.). Common Procedures require supporting evidence. See § 18.32.030(C) and § 18.27.x.
  • If relying on reasonable accommodation (disability/fair housing), include documentation about the protected person/needs and why the accommodation is necessary; the Director must make additional findings per § 18.33.040(E).
  • If a waiver is requested to alter parking geometry, reference the parking standards and explain impacts; waivers may cover parking dimensional standards per § 18.33.020(C). Link the first mention to the city's Parking guidance.
  • Expect conditions of approval and the possibility of appeal under § 18.27.150.

Risks & Ambiguities

Issue Why it matters What to verify
Variance cannot change allowed uses Variances may modify dimensional/performance standards but may not authorize a use that the zoning does not allow — applying for a variance to permit a new use will be denied. See § 18.32.020. Confirm whether the proposed project is a use issue (requires a use permit or zoning amendment) or a dimensional issue; verify underlying land‑use entitlement.
10% waiver cap (Director)** Director may grant dimensional relief up to 10%; exceeding 10% is limited to reasonable accommodation cases. See § 18.33.020. If your requested relief is > 10%, prepare accommodation documentation or plan to pursue a variance (public hearing) or other legislative remedy.
Conflicts with California Building Code Table 18.15.080 and other provisions note that where zoning setbacks/projections conflict with the California Building Standards Code the more restrictive rule applies. See § 18.15.080. Verify building-code implications with building plan check and reference the California Building Standards Code.
Unconstitutional‑taking claims / waivers The Council can approve reductions/waivers to avoid an unconstitutional taking but requires written legal findings; such relief is narrow and fact‑specific § 18.16.130(B). If asserting a takings claim, secure legal analysis and be prepared for Council review and a requirement to show relief is no broader than necessary.
Parcel‑specific district standards not in retrieved materials Many district tables and permitted-use lists were not included in the retrieved snippets. Verify the parcel’s exact base zone, permitted uses, setbacks, height, coverage, and overlays with the Planning Division and the full zoning map / code.

Plain-English Summary

If your property’s shape, slope, or other physical feature makes the city's dimensional rules unfair, you can request a variance (public hearing before the Planning & Transportation Commission) if you meet the findings in § 18.32.040, or you can ask the Director for a limited waiver (usually up to 10%) under § 18.33.020 — waivers may be larger only for verified reasonable‑accommodation needs. Both tools are meant to fix dimensional issues, not to allow uses the zone forbids.


Source References

  • San Carlos Municipal Code — Chapter 18.32 (Variances): § 18.32.010–.080.
  • San Carlos Municipal Code — Chapter 18.33 (Waivers): § 18.33.010–.060.
  • San Carlos Municipal Code — Common Procedures, Applications, Appeals, and Zoning Clearance (§ 18.27.x, § 18.28.x) — application and appeal routing referenced in variance/waiver chapters.
  • San Carlos Municipal Code — Definitions including “Variance” (§ 18.16.x).
  • Table 18.15.080: Allowed Building Projections into Required Yards (references RS-3, RS-6, projections): § 18.15.080.
  • MU district figures and height/stepback notes (Figure 18.05.030-D, § 18.05.030).
  • Unconstitutional-taking reductions/waivers language (affordable housing waivers and Council authority): § 18.16.130(B).
  • California Building Code (referred to in projections/conflicts): 2025 California Building Code excerpt (for code interplay and floodplain variance principles; referenced by San Carlos code where applicable).

Sources

Retrieved passages

  • San Carlos Zoning Code (chapter requires) High relevance
  • San Carlos Zoning Code (title subject) High relevance
  • San Carlos Zoning Code (§ 1) High relevance
  • San Carlos Zoning Code (chapter would) High relevance
  • San Carlos Zoning Code (Chapter 18.32) High relevance
  • CBC § G107 (SECTION G107) Medium relevance
  • San Carlos Zoning Code (§ 4) Medium relevance
  • San Carlos Zoning Code (title or) Medium relevance

Cited sections

Frequently asked questions

What authority approves a variance in San Carlos?

The Planning and Transportation Commission is the decision maker that approves, conditionally approves, or denies variances after a public hearing; see § 18.32.030 for procedures and § 18.32.040 for required findings.

When can the Director grant an administrative waiver instead of a variance?

The Director may grant relief from dimensional standards (setbacks, build‑to areas, parking geometry, fences, lot coverage, height, landscaping, etc.) up to 10%; the Director may exceed 10% when necessary to provide a reasonable accommodation under State or Federal law. See § 18.33.020.

Can I use a variance to change the allowed use on my lot?

No. Variances may modify dimensional and performance standards but may not be granted to allow a use or activity that is not authorized by the zoning for that lot. See § 18.32.020.

What findings must be met to obtain a variance?

The Commission must find that the property has exceptional or extraordinary circumstances not common to nearby properties, that granting the variance will not be a special privilege or injure surrounding properties, that it won’t impair public health/safety, and that it is consistent with the General Plan and title goals; see § 18.32.040.

Are there special findings when a waiver is requested for a disability reasonable accommodation?

Yes. Waivers requested for reasonable accommodations trigger additional findings (for example, that the housing will be used by a protected individual and that the accommodation is necessary to provide fair access to housing); see the reasonable accommodation findings in § 18.33.040.

What happens if I don’t comply with conditions of a variance or waiver?

Failure to comply with any variance or waiver condition is a violation of the title and subject to enforcement and abatement procedures; variances and waivers can also be revoked under the revocation rules in the common procedures. See § 18.32.070–.080 and § 18.33.050–.060.

Is there a faster path for small projection exceptions like bay windows, eaves, or ramps?

The code lists allowed projections into required yards (Table 18.15.080) with specific dimensional limits (for example, cornices, bay windows, balconies in certain RS districts) and notes that where zoning conflicts with the California Building Code the more restrictive rule applies; see § 18.15.080.

Can the City Council grant reductions because a requirement would be an unconstitutional taking?

Yes; the City Council (based on City Attorney advice) may approve a reduction, adjustment, or waiver if applying the requirement would effectuate an unconstitutional taking, but only to the extent necessary and with written findings. See § 18.16.130(B).

Do parking dimension requests fall under waivers or variances?

Parking dimensional standards (aisle widths, driveway geometry, garage on slope rules) are specifically called out as standards the Director may waive under § 18.33.020(C); larger departures or policy issues may require a variance or other discretionary approval. See § 18.33.020.

If I need both design review and a variance, which process controls?

Design review and a variance are separate but may be processed together. Design review conditions and appeals are governed by Chapter 18.29; variances are Chapter 18.32 — applicants should follow the submittal requirements in the common procedures so the City can coordinate reviews. See § 18.29.080 and § 18.32.030.

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