Sections:

    27.02.010  Title.

    27.02.020  Intent--Purpose.

    27.02.030  Minimum requirements.

    27.02.040  Relationship with other laws.

    27.02.050  Effect on existing agreements.

    27.02.060  Use and bulk regulations.

    27.02.070  Temporary buildings on a zoning plot.

    27.02.075  Conformance of zoning plots with regulations.

    27.02.080  Rezoning of public and semipublic areas.

    27.02.090  Performance standards.

    27.02.100  Existing special uses.

    27.02.110  Uses not specifically permitted in districts.

    27.02.120  Interim zoning ordinances/Moratoria.

    27.02.130  Zoning of streets, alleys, public ways, and railroad rights-of-way.

    27.02.140  Exceptions.

    27.02.150  Prezoning of unincorporated area.

    27.02.160  Density transfer.

    27.02.170  Consistency with general plan.

    27.02.175  Conformity with the general plan - actions of other government entities - planning agency.

    27.02.180  Relocation assistance/allowance.

    27.02.185  Multiple use service stations.

    27.02.190  Handicapped access.

    27.02.200  Mitigation of adverse impact on the environment.

    27.02.210  Violations of planning application conditions.

    27.02.215  Community Improvement Commission - Review of violations.

    27.02.220  Consistency with General Plan Initiative, Measure H (November 1991 Election).

 

 

     27.02.010 TITLE.  This title shall be known and may be cited and referred to as the "San Mateo City Zoning Code."  (Prior code § 141.01).

 

     27.02.020 INTENT -- PURPOSE.  This title is adopted for the following purposes:

    (1)  To promote the public health, safety, morals, comfort, and general welfare;

    (2)  To 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;

    (3)  To provide adequate light, air, privacy, and convenience of access to property;

    (4)  To lessen or avoid congestion in the public streets and highways;

    (5)  To 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;

    (6)  To 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;

    (7)  To prohibit uses, buildings or structures incompatible with the character of such districts respectively;

    (8)  To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder;

    (9)  To protect against fire, panic, explosion, noxious fumes, and other hazards, in the interest of public health, safety, comfort, and general welfare;

    (10)  To 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,

    (11)  To define the powers and duties of the administrative officers and bodies as provided herein.  (Prior code § 141.02)

 

     27.02.030 MINIMUM 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)).

 

     27.02.040 RELATIONSHIP 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)).

 

     27.02.050 EFFECT 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 § 143.01(C)).

 

     27.02.060 USE 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 official.

    (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).

 

     27.02.075 CONFORMANCE 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, 1992).

 

     27.02.080 REZONING 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:

    (1)  The public use of the area is abandoned; and

    (2)  Appropriate zoning is authorized in accordance with provisions of this code.  (Prior code § 143.08).

 

     27.02.090 PERFORMANCE STANDARDS.  The 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).

 

     27.02.100 EXISTING 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).

 

     27.02.110 USES 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).

 

     27.02.120 INTERIM ZONING ORDINANCES/MORATORIA.

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).

 

     27.02.130 ZONING 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).

 

     27.02.140 EXCEPTIONS.  The following uses are exempted by this title and permitted in any district:

    Poles, towers, 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).

 

     27.02.150 PREZONING 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 § 143.18).

 

     27.02.160 DENSITY TRANSFER.  Transfer 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).

 

     27.02.170 CONSISTENCY 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).

 

     27.02.175 CONFORMITY 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.

    The Planning 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 City Council.

    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, 1988).

 

     27.02.180 RELOCATION 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:

    (a)  a list of available comparable housing within San Mateo County; and

    (b)  a relocation allowance in cash or check equivalent to three (3) months' rent; and

    (c)  other 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).

 

     27.02.185 MULTIPLE 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).

 

     27.02.190 HANDICAPPED 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).

 

     27.02.200 MITIGATION 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).

 

     27.02.210 VIOLATIONS 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).

 

     27.02.215 COMMUNITY 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).

 

     27.02.220 CONSISTENCY 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).