with other laws.
on existing agreements.
and bulk regulations.
buildings on a zoning plot.
of zoning plots with regulations.
of public and semipublic areas.
not specifically permitted in districts.
27.02.130 Zoning of streets, alleys, public ways,
and railroad rights-of-way.
of unincorporated area.
with general plan.
27.02.175 Conformity with the general plan -
actions of other government entities - planning agency.
use service stations.
of adverse impact on the environment.
of planning application conditions.
27.02.215 Community Improvement Commission - Review
27.02.220 Consistency with General Plan Initiative,
Measure H (November 1991 Election).
This title shall be known and may be cited and referred to as the "San
Mateo City Zoning Code." (Prior code § 141.01).
-- PURPOSE. This title is adopted for the following purposes:
promote the public health, safety, morals, comfort, and general welfare;
conserve the values of property throughout the city and to protect the
character and stability of residential, commercial and manufacturing areas, and
to promote the orderly and beneficial development of such areas;
provide adequate light, air, privacy, and convenience of access to property;
lessen or avoid congestion in the public streets and highways;
regulate and restrict the location and use of buildings, structures, and land
for trade, industry, residence and other uses, and to regulate and restrict the
intensity of such uses, and to establish building or setback lines;
divide the entire city into districts of such number, shape, area, and of such
different classes, according to the use of land and buildings, and the
intensity of such use, as may be deemed best suited to carry out the purposes
of this code;
prohibit uses, buildings or structures incompatible with the character of such
prevent additions to and alterations or remodeling of existing buildings or
structures in such a way as to avoid the restrictions and limitations lawfully
protect against fire, panic, explosion, noxious fumes, and other hazards, in
the interest of public health, safety, comfort, and general welfare;
provide for the elimination of incompatible and nonconforming uses of land,
buildings, and structures which are adversely affecting the character and value
of desirable development in each district; and,
define the powers and duties of the administrative officers and bodies as
provided herein. (Prior code § 141.02)
REQUIREMENTS. The provisions of this title shall be held to be the
minimum requirements for the promotion of public health, safety, morals and
welfare. (Prior code § 143.01(A)).
WITH OTHER LAWS. Where the conditions imposed by any provision of this
title upon the use of land or buildings or upon the bulk of buildings are
either more restrictive or less restrictive than comparable conditions imposed
by any other provision of this title, or any statute, ordinance, or regulation
of any kind, the provisions which are more restrictive (or which impose higher
standards or requirements) shall govern. (Prior code § 143.01(B)).
ON EXISTING AGREEMENTS. This title is not intended to
abrogate any easement, covenant or any other private agreement, provided that
where the regulations of this title are more restrictive (or impose higher
standards or requirements) than such easements, covenants or other private
agreements, the requirements of this title shall govern. (Prior code §
AND BULK REGULATIONS. No building, structure, or land shall hereafter be
used or occupied, and no building or part thereof, or other structure, shall be
erected, raised, moved, reconstructed, extended, enlarged or altered except in
conformity with the regulations herein specified for the district in which it
is located, except that parapet walls, chimneys, cooling towers, elevator
bulkheads, fire towers, stacks, monuments, ornamental towers, FCC licensed
radio transmitters, dish antennae, scenery lofts, spires, water towers, and
necessary mechanical appurtenances shall be permitted to exceed the maximum
bulk provisions when erected in accordance with all other provisions of this
code. (Ord. 1981-27 § 2, 1981: prior code § 143.03).
27.02.070 TEMPORARY BUILDINGS
ON A ZONING PLOT. A
single, temporary structure to serve as an office for the sale or lease of
buildings or facilities under construction may be permitted on the construction
site if approved by the Zoning Administrator under an application for a site
plan and architectural review as set forth in Section 27.08.030. Approval of
such application shall include the following conditions:
(1) The temporary structure
and its facilities shall meet the health, safety and sanitation requirements
for permanent structures.
(2) The temporary structure
shall be removed not later than thirty (30) days after completion of all sales
or leases of the buildings or facilities under construction, or thirty (30)
days after certification of occupancy of any structure or portion thereof, whichever
occurs sooner; and in no event later than one (1) year after approval of the
temporary structure is final.
(3) Plans for replacement
and removal of the temporary structure must be approved by the building
(4) Unless real estate sales are a permitted use in the district, a
special use permit shall first be obtained by the applicant as set forth in
Chapter 27.74 of this title, but in no event shall the temporary structure be
used for transactions regarding any property off the site of the project where
it is located.
(5) Upon removal of the
temporary structure, and if the district uses allow or the special use permit
allows, the sales functions may occupy any structure in the development
certified for occupancy for an additional period not to exceed that which may
be set forth in the special use permit. (Ord.
2009-7 § 1, 2009; Ord. 1985-17 § 1, 1985; Ord. 1981-27 § 3, 1981; Ord. 1981-23
§ 3, 1981: prior code § 143.07).
OF ZONING PLOTS WITH REGULATIONS. In the event that a
zoning plot is divided or sold, all resulting zoning plots or parcels shall
conform with all regulations of the zoning district in which the property is
located. No use can be made of a resulting parcel(s) except in conformance
with all regulations of the zoning district in which the property is located.
There shall be no reduction in yards, open space, parking or other zoning
requirements which causes or increases non-conformity. (Ord. 1992-16 § 1,
OF PUBLIC AND SEMIPUBLIC AREAS. No area used as a
public park, recreation area, public school site, cemetery, or other public
purpose shall be used for any private purpose until:
public use of the area is abandoned; and
zoning is authorized in accordance with provisions of this code. (Prior code §
performance standards for the M-1 manufacturing district as set forth in
Chapter 27.56, pertaining to noise, smoke, odorous matter, vibration, toxic or
noxious matter, glare or heat, fire and explosive hazards, shall also apply to
all residence, commercial and executive districts. (Ord. 2009-7 § 2, 2009; Prior code § 143.10).
SPECIAL USES. Where a use is classified as a "special use"
under this title, and exists as a permitted use at the date of the adoption of
this chapter, it shall be considered a legal use, without further action of the
planning commission or the city council. (Prior code § 143.11).
NOT SPECIFICALLY PERMITTED IN DISTRICTS. When a use is not
specifically listed in the sections devoted to "uses permitted," it
shall be assumed that such uses are prohibited unless it is determined by
action of the city council that the use is similar to and not more
objectionable than uses listed. (Prior code § 143.13).
Notwithstanding any other provisions of
this Code, the City Council may adopt an emergency ordinance to prohibit any
uses of property that may be in conflict with a contemplated general plan,
specific plan, building, sign, zoning regulation, and/or subdivision proposal
that the city is studying or intends to study within a reasonable time. The
ordinance may also suspend the operation of an existing ordinance for the
period of the interim zoning ordinance/moratorium. After notice is given as
provided in Section 27.08.050 for hearing before the City Council, the City
Council may adopt regular or emergency ordinances to extend the interim
zoning/moratoria ordinance for additional periods but not to exceed a total of
24 months inclusive of the initial period.
(Ord. 2001-19 § 1, 2001; Prior code § 143.14).
OF STREETS, ALLEYS, PUBLIC WAYS, AND RAILROAD RIGHTS-OF-WAY.
All streets, alleys, public ways, and railroad rights-of-way, if not otherwise
specifically designated, shall be deemed to be in the same zoning district as
the property immediately abutting upon such alleys, streets, public ways,
waterways, and railroad rights-of-way. Where the centerline of a street,
alley, public way, waterway or railroad right-of-way serves as a district
boundary, the zoning of such areas, unless otherwise specifically designated,
shall be deemed to be the same as that of the abutting property up to such centerline.
(Prior code § 143.15).
The following uses are exempted by this title and permitted in any district:
wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other
similar distributing and transmitting equipment for telephone or television
communications, electric power, gas, water and sewer lines provided that the
installation shall conform when applicable with Federal Communications
Commission, State Public Utilities Commission, and Federal Aviation Agency
rules and regulations, or any other authorities having jurisdiction and subject
to other provisions of this code, city ordinances, rules and regulations.
(Ord. 1981-27 § 4, 1981: prior code § 143.17).
OF UNINCORPORATED AREA. Any unincorporated territory
adjoining the city may be prezoned for the purpose of determining the
classification that will apply to such property in the event of subsequent
annexation to the city. The method of accomplishing such prezoning shall be as
provided herein for the classifying or reclassifying of property within the
city. The classification established by such prezoning action shall become
effective at such time as the annexation becomes effective. (Prior code §
or allocation of density from one building site to another within the same
planning or specific plan area may be permitted if both sites are under the
ownership of the same person at the time of the transfer or allocation, or in
the case of a specific plan, at the time of approval. Any such density
transfer or allocation must be processed according to the procedures
established for either special permits or planned development permits, provided
that if the transfer or allocation is authorized by an approved specific plan,
no further approval shall be required.
(Ord. 1997-10 § 1, 1997; Ord. 1984-9 § 2, 1984; Ord. 1981-27 § 5, 1981; Ord.
1974-19 § 1, 1974).
WITH GENERAL PLAN. In their review of planning applications, each
approval body involved shall consider whether the planning application is in
conformance with the San Mateo city general plan. This shall specifically
include those areas where the general plan does not permit high-rise
structures, regardless of the underlying zoning. (Ord. 1981-14 § 2, 1981; Ord.
1978-18 § 1, 1978).
WITH THE GENERAL PLAN -- ACTIONS OF OTHER GOVERNMENT ENTITIES -- PLANNING
AGENCY. (a) The City Council and the Planning
Commission in combination are designated as the planning agency to review and
act upon matters designated in Government Code Section 65402(b) and (c)
concerning the conformity of proposed actions of the County of San Mateo and
local districts with the provisions of the City of San Mateo General Plan.
Commission shall first consider such proposed actions and shall determine
whether the proposed actions are or are not in conformance with the General
Plan. The Commission decision shall be final, unless and until modified by the
Upon the request
of any Councilmember the City Council may thereafter consider the proposed
actions and shall determine whether the proposed actions are or are not in
conformance with the General Plan. The Council decision, if finding non-conformance,
may specify conditions for the proposed action which would establish
conformance. In the event that the Council determines that inadequate time is
available to allow Planning Commission review to be completed, the Council may
itself directly review the proposed actions and, absent Council concurrence, no
further Planning Commission review shall occur.
(b) The City Council is
designated as the planning agency to review and take action upon matters
designated in Government Code Section 65402(a) for the City of San Mateo and
Section 65402(c) for the Redevelopment Agency of the City of San Mateo. (Ord. 2001-18 § 1, 2001; Ord. 1988-22 § 1,
ASSISTANCE/ALLOWANCE. In the event of demolition of existing residential dwelling
units and/or conversion causing relocation, a list of the head of household of
each unit to be demolished or converted shall be provided to the Planning
Division in order to determine that a planning application is complete.
Relocation assistance shall be provided by a planning applicant to each
household prior to any notice of relocation as follows:
list of available comparable housing within San Mateo County; and
relocation allowance in cash or check equivalent to three (3) months' rent; and
reasonable assistance and allowance, as determined by the final approval body
in a condition of approval. (Ord. 1991-15 § 2, 1991; Ord. 1985-17 § 2, 1985;
Ord. 1982-22 § 1, 1982; Ord. 1981-27 § 6, 1981).
USE SERVICE STATIONS. Except as specifically provided in this title, no
zoning plot used as a service station may be the site of any other use at the
same time. (Ord. 1985-17 § 3, 1985).
ACCESS. The Handicapped Access Regulations of the state as
prepared by the Office of State Architect shall be followed wherever they are
applicable. (Ord. 1982-21 § 5, 1982).
OF ADVERSE IMPACT ON THE ENVIRONMENT. In mitigating or
avoiding significant adverse impact of a project on the environment the
authority of the city shall not be less than its full scope of authority in the
law for all other purposes. (Ord. 1983-3 § 11, 1983).
OF PLANNING APPLICATION CONDITIONS. It shall be
unlawful for any person, firm, or corporation to violate conditions imposed on
any land use permit granted pursuant to this title. (Ord. 1989-18 § 5, 1989).
IMPROVEMENT COMMISSION -- REVIEW OF VIOLATIONS.
Notwithstanding any other provision of this Code, the Zoning Administrator may
request the Community Improvement Commission to order the abatement of
violations of this Title as provided in Chapter 7.16. (Ord. 1995-22 § 1
(part), 1995; Ord. 1991-12 § 38, 1991).
WITH GENERAL PLAN INITIATIVE, MEASURE H (NOVEMBER 1991 ELECTION).
The provisions of Ordinance No. 1992-2, adopted on January 22, 1992, are
promulgated to implement Measure H, the General Plan initiative. The
interpretation of such ordinance and subsequent ordinances implementing Measure
H shall be governed by Measure H in the event of ambiguity or clerical errors
in such ordinances. (Ord. 1992-2 § 35, 1992).