27.06 ADMINISTRATION ZONING ADMINISTRATOR -- POWERS AND DUTIES.

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1 ORDINANCE NO AMENDING VARIOUS SECTIONS OF TITLE 27 OF THE SAN MATEO MUNICIPAL CODE ADDRESSING SECONDARY UNITS The City Council of the City of San Mateo, California, ordains that the San Mateo Municipal Code shall be amended as follows: Section 1. Section is amended to read as set forth in attached Exhibit A. Section 2. Section is amended to read as set forth in the attached Exhibit B. Section 3. Section is amended to read as set forth in the attached Exhibit C. Section 4. Section is amended to read as set forth in the attached Exhibit D. Section 5. Section is amended to read as set forth in the attached Exhibit E. Section 6. Section is amended to read as set forth in the attached Exhibit F. Section 7. Section is added and Sections and are amended to read as set forth in the attached Exhibit G. Section 8. Section is amended to read as set forth in the attached Exhibit H. Section 9. Section is amended to read as set forth in the attached Exhibit I. Section 10. Section is amended to read as set forth in the attached Exhibit J. Section 11. Sections and are amended to read as set forth in Exhibit K. Section 12. Chapter of the San Mateo Municipal Code is amended to read as set forth in the attached Exhibit L. Section 13. PUBLICATION. This Ordinance shall be published in summary in the San Mateo County Times, posted in the City Clerk s Office, and posted on the City s website, all in accord with Section 2.15 of the Charter and shall take effect upon publication. I hereby certify this to be a correct copy of Ordinance No of the City of San Mateo, California, introduced on June 2, 2003, and adopted on June 16, 2003, by the following vote of the Council: AYES: Council Members LEE, EPSTEIN, LEMPERT and GROOM ABSENT and EXCUSED: MACK NOES: NONE (SEAL) /s/ NORMA GOMEZ, City Clerk EXHIBIT A Chapter ADMINISTRATION ZONING ADMINISTRATOR -- POWERS AND DUTIES. The Zoning Administrator shall enforce the provisions of this Title, and shall: (a) Conduct such inspections of buildings, structures, and use of land as are necessary to determine compliance with the terms of this Title; (b) Establish, with the approval of the Council, and administer rules for the conduct of the Zoning Administrator's office; (c) Maintain permanent and current records of documents and proceedings under this Title; (d) Provide and maintain a continuing program of education and public information on zoning matters; (e) Recommend abatement of violations of this Title and aid in prosecution thereof; -1-

2 (f) Receive, file, and transmit to the appropriate approval body all planning applications and all appeals which the designated approval body is authorized to review or to take final action upon under the provisions of this Title; (g) Interpret provisions of the zoning ordinance, subject to appeal of the decision to the Planning Commission; (h) Have the authority to review and approve, conditionally approve, or disapprove the following types of projects, provided that the projects are categorically exempt or require a negative declaration under the State CEQA Guidelines, subject to public notice and to appeal of the final action to the Planning Commission: (1) Site plan and architectural review for: - projects less than 6 residential dwelling units or 10,000 square feet of non-residential developments; - other minor site improvements including but not limited to: parking lots, landscaping, recreation facilities, accessory structures, recycling collection areas, circular driveways in R-1, R-2 districts; - fences over 6 feet and those over 3 feet when located in a front yard setback or within thirty-five (35) feet of a street intersection line, authorized by Section (1)(e), Structures in Required Yards. - freestanding signs. (2) Site development permits for removal of major vegetation required for the construction of single-family or duplex dwellings, or grading of 5,000 cubic yards or less under Section (1). (3) Variances as authorized by Section , for single-family, secondary units, or duplex dwellings and for minor site improvements as described in h(1) above. (4) Temporary use permits authorized by Section (b) and , Temporary Use Permit. (5) Modifications authorized by Section (a), Modifications. (6) Special permits to allow the following: - recycling facilities subject to regulations established in Chapter 27.69; - plumbing in detached accessory buildings in the R-1 zone, as authorized under Section (1); - substantial removal of existing residences in an R1 zoning district; - - temporary real estate sales offices, as authorized under Section (12); - swimming pools, hot tubs, and spas located in required front or street side yards, as authorized under Section (13); and - additional floor area ratio in the R-3 District, as authorized under Section (7) Concurrent development of two or more contiguous lots or parcels of real property in R-1 and R-2 districts authorized by Section (b)(8). (8) Parcel Maps without exceptions as authorized by Title 26 (subdivision). Notwithstanding the above, if the Zoning Administrator finds that any planning application involves an unresolved city policy issue or that there is public controversy regarding the application, the Zoning Administrator shall refer the application to the Planning Commission for hearing and action. (9) R1 Design Review Applications. (10) Secondary units subject to Chapter

3 EXHIBIT B Chapter C1 DISTRICTS -- NEIGHBORHOOD COMMERCIAL PERMITTED USES. The following uses are permitted provided that the use limitations contained in Section Permitted And Special Uses - Twenty-Fifth Avenue Improvement Area shall apply to properties in the Twenty-Fifth Avenue Improvement Area: (a) Permitted uses in residential districts, multi-family subject to R3 district development standards and affordable housing requirements specified in Chapter 27.16, unless otherwise specified in Chapter 27.29; however, secondary units are prohibited. (b) Animal grooming, provided no overnight boarding occurs on the site; (c) Bakeries; (d) Barber shops and hair salons; (e) Delicatessens; (f) Dry cleaners, with customer service areas; (g) Financial institutions, provided the ground floor area devoted to this use does not exceed 2,500 square feet per establishment; (h) Health studios and spas; (i) Laundromats; (j) Libraries; (k) Newspaper publishing; (l) Offices, provided the ground floor area devoted to this use does not exceed 2,500 square feet per establishment; (m) Photo processing; (o) Picture framing; (n) Real estate establishments; (p) Restaurants and accessory outdoor dining areas, without drive-thru facilities; (q) Retail uses, such as but not limited to the following uses, subject to a maximum of 15,000 square feet of floor area per establishment except for supermarkets and drug stores: (1) Antique shops; (2) Apparel sales, tailoring and repair stores; (3) Drug stores; (4) Hardware and garden supply stores; (5) Household furnishings; (6) Pet shops; (7) Supermarkets and grocery stores; (r) Reverse vending machines, subject to regulations established in Chapter 27.69; (s) Schools and day care facilities; (t) Travel agencies; (u) Accessory uses to principle uses permitted; and (v) Other compatible uses as determined by the zoning administrator. EXHIBIT C Chapter C2 DISTRICTS -- REGIONAL/COMMUNITY COMMERCIAL -3-

4 PERMITTED USES. The following uses are permitted: (a) Permitted uses in the C1 district; (b) Art galleries; (c) Automotive accessory stores, excluding on-site service and repair of vehicles; (d) Boarding, lodging, or rooming houses; (e) Catering services; (f) Clubs, lodges, and fraternal organizations; (g) Hotels and motels, including restaurant and meeting rooms; (h) Laundries; (i) Medical and dental clinics, including laboratories; (j) Offices; (k) Parking facilities; (l) Printing, lithographing, or publishing establishments for newspaper, business cards, and other similar uses; (m) Radio and television broadcasting stations; (n) Reproduction services; (o) Residential multi-family subject to R4 development standards and affordable housing requirements specified in Chapter 27.16, except as otherwise specified in Chapter 27.29; however, secondary units are prohibited. (p) Retail uses, including incidental rental and repair; (q) Theaters, excluding drive-in theaters; (r) Accessory uses to principle uses permitted; and (s) Other compatible uses as determined by the zoning administrator. (Ord , 1992; EXHIBIT D Chapter C3 DISTRICTS -- REGIONAL/COMMUNITY COMMERCIAL PERMITTED USES. The following uses are permitted: (a) Permitted uses in the C1 and C2 districts; however, secondary units are prohibited; (b) Ambulance service; (c) Automobile, boat, and truck sales and rental, including service and repair as accessory to the primary sales use, sales may occur on open lot; (d) Automobile service, parts, and repairs, classified as minor motor vehicle repair in Section ; (e) Car wash and detailing facilities, may not occur on open lot; (f) Laboratories, research, experimental, and testing, provided no production or manufacturing of products occurs on the premises; (g) Accessory uses to principle uses permitted; and (h) Other compatible uses as determined by the Zoning Administrator. (Ord (part), 1991; Ord , 1985; Ord , 1982: prior code (A)). EXHIBIT E Chapter C4 DISTRICTS -- SERVICE COMMERCIAL PERMITTED USES. The following uses are permitted: -4-

5 (a) Permitted uses in the C1, C2, and C3 districts, except residential uses and office uses on the properties along Palm Avenue between Twentieth and Twenty-fifth Avenues are prohibited; and secondary units are prohibited. (b) Air conditioning and heating sales and service; (c) Animal hospitals, which may include outdoor kennels; (d) Automobile parts, service, and repair classified as major motor vehicle repair in Section ; (e) Construction materials sales and lumber yards; (f) Dry cleaning establishments, without customer service area; (g) Linen, towel, diaper, and other similar supply services; (h) Machinery sales, rental, and service, when conducted within an enclosed building; (i) Parcel delivery and receiving stations; (j) Processing and assembly of goods determined by the Zoning Administrator to be compatible with adjacent uses, provided that space in a building does not exceed six thousand square feet of total floor and basement space, not including stairwells or elevator shafts; and provided such processing or assembly can be conducted without noise, vibration, odor, dust, or any other condition which might be disturbing to occupants of adjacent buildings. When manufacturing operations of the same or similar products demand space exceeding six thousand square feet, they shall be located in the M1 district. (k) Sheet metal shops; (l) Storage and warehousing; (m) Tool, die, and pattern making; (n) Welding and iron work; (o) Wholesale establishments; (p) Accessory uses to principle uses; and (q) Other compatible uses as determined by the Zoning Administrator. (Ord (part), 1991; Ord , 1985; Ord , 1982; Ord , 1981: prior code (A)). EXHIBIT F Chapter CBD DISTRICTS -- CENTRAL BUSINESS DISTRICT PERMITTED USES. 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: (1) Any use permitted in the C2 district, except an animal hospital; provided that the use limitations contained in Section Required Retail Frontage shall apply to properties located within the Required Retail Frontage area, as shown in the Land Use Plan in the Downtown Specific Plan. (2) Multiple family dwellings, when part of a mixed use development, subject to CBD Residential Development Standards and affordable housing requirements specified in Chapter 27.16; however, secondary units are prohibited. (3) Name plates and signs, as classified and regulated in Title 25; (4) Temporary buildings for construction purposes for a period not to exceed the duration of such construction; (5) Accessory uses which are necessary to the above-mentioned buildings and uses; including a maximum of 15% of floor area for ancillary office uses related to retail establishments located in the -5-

6 ground floor area of the district, and which are not visible from the street nor located within the retail storefront area;. (6) Any other use deemed similar in nature and operation that is determined by the zoning administrator to be compatible with existing and permitted uses allowable under the CBD-Central Business District zoning, and is deemed desirable in serving the downtown core area and the community at-large. (Ord , 2001; Ord , 2000; Ord , 1997; Ord , 1992; Ord (part), 1986; Ord (part), 1969: prior code (A)). EXHIBIT G Chapter DEFINITIONS COOKING FACILITY/KITCHEN. Cooking facility/kitchen means a room or portion thereof designated and/or customarily used as a place for the preparation and sanitation of food. A kitchen may contain any of the following: sink, stove, refrigerator, oven, microwave, freezer, or any other customarily used appliance or fixture for the preparation and sanitation of food as may be determined by the Zoning Administrator DWELLING. "Dwelling" means a building or portion thereof, designed or used exclusively for residential occupancy, including one family dwelling units, secondary units, two family dwelling units, and multiple family dwelling units; but not including hotels, motels, boarding or lodging houses or other lodging facilities, or a vessel or boat, or a house trailer. (a) "Bachelor, efficiency or studio unit" means a dwelling unit consisting of one principal room used for living and sleeping purposes, plus cooking facilities, a bathroom, and closets. (b) "Multiple family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other. (c) "One family dwelling" means a building containing one cooking facility only and designed exclusively for use and occupancy by one family, including the provision of interior access to all bedrooms within the principal dwelling. (d) Secondary unit means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons and is accessory to the primary residential dwelling unit. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary residential dwelling unit is situated. (e) "Two family dwelling" means a building designed or altered to provide attached dwelling units for occupancy by two families living independently of each other DWELLING UNIT. "Dwelling unit" means one or more rooms, in a residential structure which are arranged or designed for use by one family, plus not more than two paying guests, which includes provisions for living, sleeping, eating, cooking and sanitation, and if located on multiple levels/stories, the unit provides interior connections from a common living area (including the living room, family room, dining room, kitchen, and other common living areas as determined by the Zoning Administrator). In addition, a primary residential dwelling unit means a building or separate portion thereof designated and/or customarily used as a residence by not more than one (1) family and situated on a parcel or lot on which no other primary dwelling is located. The primary residential dwelling unit shall be larger, in terms of floor area, than any other residential structure situated on the same parcel or lot. EXHIBIT H -6-

7 Chapter E1 DISTRICTS -- EXECUTIVE PARK PERMITTED USES. The following uses shall be permitted: (a) Administrative, executive, and professional offices, provided that the professional offices are limited to those professions listed in Section , and including similar professional occupations, and provided that no office of a veterinarian shall include an animal hospital or kennel. (b) Accessory uses; including but not limited to: (1) Sale of personal goods and services, when provided in the principal building, including, but not limited to, the following: (A) Flower, food, and news vending; (B) Printing and photocopying; (C) Travel agencies; (D) Ticket outlets; (2) Other services which are customary appurtenant uses. (c) Clubs, lodges, and fraternal organizations; (d) Health and recreation facilities; (e) Public utility and service uses; (f) Financial and business offices and related facilities; (g) Research laboratories (experimental and testing), provided no production or manufacturing occurs, and provided that all activities conform with the performance standards established for the M1 district; (h) Residential, multi-family subject to R3 District development standards and affordable housing requirements specified in Chapter 27.16, unless otherwise specified in Chapter 27.29, however, secondary units are prohibited. (i) Restaurants without drive-thru facilities; (j) Schools and day care facilities; (k) Warehousing, storage, and distribution facilities as accessory uses but not exceeding ten thousand (10,000) square feet per establishment or not more than sixty (60) percent of gross floor area per establishment; and (l) Other compatible uses as determined by the Zoning Administrator. (Ord , 1992; Ord (part), 1991; Ord , 1985; Ord , 1982; Ord , 1981; Ord , 1979; Ord (part), 1969: prior code (A)). EXHIBIT I Chapter E2 DISTRICTS -- EXECUTIVE OFFICES PERMITTED USES. The following uses are permitted: (a) Permitted uses in the E1 district; (b) Residential, multi-family subject to R4 development standards and affordable housing requirements specified in Chapter 27.16, except as otherwise specified in Chapter 27.29; however, secondary units are prohibited. (Ord , 1992; Ord (part), 1991; Ord , 1982; Ord , 1981; Ord (part), 1969: prior code (A)). EXHIBIT J Chapter

8 OFF-STREET PARKING SCHEDULES GENERALLY. For the following uses on property located outside the Downtown Specific Planning area, accessory off-street parking spaces shall be provided as listed below. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty, or residing, or both, on the premises at any one time. 1. Residential Uses: USES MINIMUM PARKING DWELLING UNIT SIZE Stalls Per Dwelling Unit a. Single Family Dwelling (detached) Under 3,000 sq. ft. of floor area* 3,000-3,749 sq. ft. of floor area* 3,750 sq. ft. of floor area* and above MINIMUM PARKING STALLS REQUIRED 2 garage spaces STALLS REQUIRED 2 garage spaces plus 1 additional space. Additional space may be uncovered. Requirements above plus 1 additional space for each 750 sq. ft. of floor area*. Additional spaces may be uncovered. b. Secondary Unit One (1) parking space for a secondary unit with up to one bedroom and one (1) additional parking space is required for each additional bedroom. c. Multiple Family Dwelling (twofamily, townhouse, condominium, apartments and apartment hotels) Studio One-bedroom Two-bedroom Three or more bedroom (or any dwelling unit over 1,400 square feet in floor area) Resident parking shall include at least one covered stall per dwelling unit. Resident Visitor Total * Excluding enclosed parking facilities, uninhabitable accessory structures and covered patios. EXHIBIT K Chapter

9 R1 DISTRICTS -- ONE FAMILY DWELLINGS PERMITTED USES. The following uses are permitted: (a) One-family detached dwellings, including manufactured homes on permanent foundations subject to provisions of Chapter 27.17; (b) Secondary units subject to the provisions of Chapter 27.19; (c) Accessory uses and structures; (d) Detached accessory structures containing no more than two (2) plumbing fixtures or waste lines; (e) Home occupations, subject to provisions of Section ; (f) Community care facilities licensed by the State of California for the following: (1) Six (6) or fewer occupants, in addition to the caregiver's family; and (2) Family day care for twelve (12) or fewer occupants, in addition to the caregiver's family, when managed in the caregiver's residence; and (g) Temporary buildings for construction purposes for a period not to exceed the duration of such construction. (Ord (part), 1992; Ord , 1985; Ord , 1981; Ord , 1975; Ord (part), 1971: prior code (A)) SPECIAL USES. The following uses may also be allowed if a special use permit is approved: (a) Detached accessory structures, other than secondary units, containing more than two (2) plumbing fixtures or waste lines; (b) Swimming pools, hot tubs and spas located in required front yard or street side yard; (c) Cemeteries, mausoleums, and columbaria, subject to the provisions of the Section ; (d) Churches, convents, parish houses, and monasteries, including as a permitted accessory use emergency shelters subject to the requirements in a residential zone; (e) Community services including but not limited to libraries, parks, playgrounds, and community centers; (f) Public and private educational facilities; (g) Day care centers when located within a public or quasi-public structure such as a school, recreation center, church, temple or similar facility; (h) Philanthropic and eleemosynary uses; (i) Public utility facilities; and (j) Temporary real estate sales offices for a period not to exceed the duration of the construction and sale of homes within the subdivision wherein the sales office is to be located. EXHIBIT L Chapter SECONDARY UNIT -- RESIDENTIAL ZONES Sections: Purpose Prohibition Development standards Owner occupancy PURPOSE. The purpose of this chapter is to set forth regulations to permit secondary residential unit on residential zoned properties (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4D, R5D, R6D and BMSP). (Ord , 1991; Ord , 1989; Ord (part), 1983). -9-

10 PROHIBITION. This chapter shall not in any form or manner automatically legalize any existing secondary unit whatsoever whether or not such secondary unit is claimed to have been legally established. The building official shall maintain records of all secondary residential units established pursuant to this chapter. Properties establishing secondary units pursuant to this chapter shall not be subdivided at the time said unit is established or thereafter. (Ord (part), 1983) DEVELOPMENT STANDARDS. Secondary unit, defined in Section , shall comply with the following development standards: (a) Permitted Zoning Districts: Secondary units shall only be constructed on residential zoned properties, specifically R1-A, R1-B, R1-C, R2, R3, R4, R5, R4D, R5D, R6D and BMSP, that have been developed with a single family dwelling unit or a secondary unit is proposed to be built in conjunction with a single family dwelling unit, where the single family dwelling is the primary residential dwelling unit. The residential property shall not be part of a condominum. (b) Occupancy: Occupancy of the secondary unit shall be limited to not more than two (2) persons per each bedroom plus one additional person.(c) Setback and Other Zoning Regulations: For purposes of setbacks and other zoning regulations, the secondary unit shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district (d) Maximum Unit Size: The floor area of such unit shall not exceed six hundred forty (640) square feet, including attic and basement areas as defined in Section for the applicable zoning district, provided that the total floor area for the parcel or lot does not exceed the maximum allowable floor area. (e) Number and Type of Required Parking: Notwithstanding Section of the Municipal Code, there shall be a minimum of one (1) standard size off-street parking space for a secondary unit with up to one (1) bedroom and one (1) standard size parking space shall be required for each additional bedroom. The required secondary unit parking may be uncovered; however, none shall be in tandem. In addition, the required parking for the primary residential dwelling unit must comply with current code standards, as specified by the underlying zoning district. All accessory structures must comply with the requirements of the underlying district for accessory structures. (f) Location of Required Parking: The required secondary unit parking may be located in the rear one third (1/3) of the property, including the required rear setback and a portion of the required side setback areas (see fig ). The required parking shall not be located within the required front, interior side setback, and/or street side setback areas. (g) Architectural Standards: Secondary units shall be designed to comply with the following standards: (1) Attached Secondary Units: Secondary units that are attached to the primary residential dwelling unit shall: (a) locate the primary entrance to the secondary unit no closer to the street than the primary residential dwelling unit; (b) shall not have any interior connection(s) to the primary residential dwelling unit or any accessory structure(s)/use(s); (c) shall be architecturally compatible with the primary structure and shall not be disruptive to the neighborhood character; and (d) shall be constructed of the same or similar exterior materials, finishes, and colors as the primary residential dwelling unit. (2) Detached Secondary Units: Secondary units that are detached from the primary residential dwelling unit shall: (a) comply with the architectural standards listed above under attached secondary units; (b) maintain a minimum separation of four (4) feet in width, from eave to eave, that is open to the sky between the secondary unit and any other structure, including the primary residential dwelling unit and any other accessory structure(s)/use(s); and (c) shall be designed to minimize the visibility of the secondary unit from the street(s), with the exception that corner lots are excluded from this requirement. -10-

11 (3) Attached and Detached Secondary Units: Secondary units, whether attached or detached, located above the first story of a building shall be subject to the architectural standards established for the underlying district, including any required discretionary Site Plan and Architectural Review, as specified in Section , and planning application process. This applies to secondary units that are two-story in nature, located at the second story, and/or split-level. (4) Existing Accessory Structure: When any secondary unit is proposed to be attached to an existing accessory structure, the entire structure must comply with all standards for the principal use of the subject site, and not those standards for an accessory structure. (h) Other Requirements: All other zoning requirements shall be complied with unless an authorized variance is approved. (Ord , 1997; Ord (part), 1983) OWNER OCCUPANCY. (a) Only one unit may be occupied solely by persons other than the owner or owners of record. (b) A deed restriction or declaration shall be recorded to run with the land prohibiting occupancy of more than one of the two units unless the owner or owners of record occupy one unit as their permanent legal residence. The deed restriction shall be recorded and, after recordation, shall be submitted to the City prior to the issuance of any building permit for the secondary unit. (c) A copy of this deed restriction or declaration must be given to each prospective occupant. (Ord (part), 1983) SEVERABILITY. In the event that any part of this title is held to be invalid or inapplicable to any secondary unit(s), it is intended that the invalid part or parts be severed from the remaining provisions in order to continue in force and effect as many provision of this title as possible. It is specifically intended that severance occur, if necessary, that will allow the application of restrictions on the height, size, location, and parking of secondary units. -11-

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