2010 City of San Mateo General Plan Update Zoning Code Revisions

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1 AFFORDABLE HOUSING. To implement the affordable housing goals and policies in the General Plan, the City Council adopted the Below Market Rate (BMR) Program. The BMR Program requires developers of new housing to provide a certain percentage of the units within a project to be affordable to very low, low, or moderate income residents. Specific requirements for the development of affordable units are regulated by resolution adopted by the City Council. (a) All projects which include more than 10 residential units, including mixed-use projects, shall be required to include 10 percent of the residential units for exclusive use as affordable housing units. For the purposes of this title, affordable housing shall be defined as dwelling units of appropriate size capable of being rented or purchased by households whose income does not exceed 120 percent of the San Francisco Primary Metropolitan Statistical Area median income level. (b) The project proponent shall build the unit(s) on site, either in partnership with a public or nonprofit housing agency, or on its own. Off-site housing shall be allowed only if the proponent demonstrates that on-site construction is infeasible; and in any event, any offsite units must be built within the City of San Mateo. No in-lieu fees shall be allowed. (c) The affordable units shall be as similar in exterior design and appearance as possible to the remaining units in the project. (d) Affordable rental units shall carry deed restrictions which guarantee their affordability. (e) Affordable for sale units shall have deed restrictions which allow for first right of refusal to the City, upon the sale of the unit. (f) The provision, design, sale or rental and other factors relating to affordable units shall be further regulated by resolution adopted by the City Council. (Ord , 1992).

2 Chapter R2 DISTRICTS TWO FAMILY DWELLINGS MAXIMUM FLOOR AREA RATIO (CENTRAL NEIGHBORHOOD & NORTH CENTRAL NEIGHBORHOOD). The floor area ratio of buildings and structures on zoning plots in the R2 district located in the Central Neighborhood and North Central Neighborhood shall not exceed 0.5 for parcels up to 7,500 square feet and 0.6 for parcels greater than 7,500 square feet. Central Neighborhood for the purposes of this section shall mean the area that is generally bounded by Highway 92 to the South, the Railroad to the West, Fifth Fourth Avenue to the North, and Highway 101 to the East. North Central Neighborhood for the purposes of this section shall mean the area that is bounded by 2 nd Avenue to the South, El Camino Real to the West, Poplar Avenue to the North, and Highway 101 to the East. (Ord , 2004). 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 Residential units only on parcels designated with a residential overlay district classification subject to R3 district Minimum Development Standards in Section and affordable housing requirements specified in Chapter as adopted by City Council resolution, 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; 2

3 (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 principal uses permitted; and (v) Other compatible uses as determined by the zoning administrator. (Ord , 2009; Ord , 2003; Ord , 2001; Ord , 2000) SPECIAL USES. The following uses may also be permitted subject to approval of a special use permit, 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) Accessory buildings containing plumbing; (b) Automobile gasoline service stations; (c) Boarding, lodging, or rooming houses; (d) Community care facilities serving seven or more persons in addition to the caregiver, and conforming with the provisions of Chapter 27.27; (e) Convalescent homes, rest homes, nursing homes, limited to the housing of not more than six persons in addition to the owner or manager, and family; (f) 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 drivethrough uses, as enumerated in Municipal Code Section (7)(a). (g) Fast food establishments without drive-through facilities; (h) Financial institutions, exceeding 2,500 square feet of ground floor area per establishment up to a maximum of 15,000 square feet of floor area; (i) Offices exceeding 2,500 square feet of ground floor area per establishment up to a maximum of 15,000 square feet of floor area; (j) Parking facilities, as a principal use; (k) Public utility and public service uses; (l) Recreational vehicle storage, subject to regulations established in Section , and only on those parcels designated for such use in Section ; 3

4 (m) Recycling facilities subject to regulations established in Chapter (n) Religious institutions; and (o) Residential units on parcels without a residential overlay district classification subject to R3 district Minimum Development Standards in Section and affordable housing requirements as adopted by City Council resolution, unless otherwise specified in Chapter 27.29; however, secondary units are prohibited; (o) (p) Businesses selling or renting firearms as defined by Penal Code Section 12001(b). (p) (q) Other compatible uses as determined by the zoning administrator subject to the granting of a special use permit. (Ord , 2009; Ord , 2005; Ord , 2001; Ord , 2000; Ord , 3, 2000; Ord , 1, 1997; Ord , 1995; Ord (part), 1991; Ord , 1987; Ord , 1987; Ord (part), 1986; Ord , 1985; Ord (part), 1983; Ord , 1982; Ord , 1979; Ord , 1979; Ord , 1970: prior code (B)). Chapter C2 DISTRICTS -- REGIONAL/COMMUNITY COMMERCIAL 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) Hotels and motels, including restaurant and meeting rooms; (g) Laundries; (h) Medical and dental clinics, including laboratories; (i) Offices; (j) Parking facilities; (k) Printing, lithographing, or publishing establishments for newspaper, business cards, and other similar uses; (l) Radio and television broadcasting stations; (m) Reproduction services; (n) Residential multi-family units, only on parcels designated with a residential overlay district classification subject to R4 district Minimum Development Standards in Section development standards and affordable housing requirements specified in Chapter as adopted by City Council resolution, except as otherwise specified in Chapter 27.29; however, secondary units are prohibited; (o) Retail uses, including incidental rental and repair; (p) Emergency Shelters, located more than 300 feet from single family zoning districts, parks and schools; 4

5 (q) Accessory uses to principal uses permitted; and (r) Other compatible uses as determined by the zoning administrator. (Ord , 2009; Ord , 2009; Ord , 2003; Ord , 1992; Ord (part), 1991; Ord , 1982; Ord , 1981: prior code (A)) SPECIAL USES. The following uses may also be permitted, subject to approval of a special use permit: (a) Special uses permitted in the residential and C1 districts, except increases in floor area ratios; (b) Clubs, lodges, and fraternal organizations; (c) Commercial recreation uses; (d) Hospitals; (e) Mortuaries; (f) Public transportation facilities and terminals; and other similar uses; (g) Residential, multi-family, units on parcels without a residential overlay district classification subject to R4 district Minimum Development Standards in Section and affordable housing requirements as adopted by City Council resolution, unless otherwise specified in Chapter 27.29; however, secondary units are prohibited;subject to R5 development standards, and only when granted as part of a highrise development; (h) Recreational vehicle storage, subject to the provisions of Section of this Title; (i) Theaters, excluding drive-in theaters; and (j) Other compatible uses as determined by the zoning administrator subject to the granting of a special permit. (Ord , 2009; Ord (part), 1991; Prior code (B)). Chapter C4 DISTRICTS -- SERVICE COMMERCIAL PERMITTED USES. The following uses are permitted: (a) Permitted uses in the C1, C2, and C3 districts, except that residential uses, are prohibited; office uses on the properties along Palm Avenue between Twentieth and Twenty-fifth Avenues,are prohibited; secondary units, are prohibited and emergency shelters 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; 5

6 (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 principal uses; and (q) Other compatible uses as determined by the Zoning Administrator. (Ord , 2009; Ord , 2009; Ord , 2003; Ord (part), 1991; Ord , 1985; Ord , 1982; Ord , 1981: prior code (A)) SPECIAL USES. The following uses may also be permitted if their site locations and proposed development plans are first approved as provided in Chapters through 27.12, 27.62, 27.74, and 27.80: (a) Any of the special uses permitted in the C1, C2 or C3 districts, except that residential uses and secondary units are prohibited; (b) Fuel bulk station (flammable liquids) subject to the regulations of Chapter 23.28; (c) Storage of impounded motor vehicles on an open lot. (Ord (part), 1991; Ord , 1973: prior code (B)). 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 and emergency shelters; 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; 6

7 (2) Multiple family dwellings, when part of a mixed use development, subject to CBD Residential Development Standards and affordable housing requirements specified in Chapter as adopted by City Council resolution; 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 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 , 2009; Ord , 2003; Ord , 2001; Ord , 2000; Ord , 1997; Ord , 1992; Ord (part), 1986; Ord (part), 1969: prior code (A)) SPECIAL USES. The following uses may also be permitted if their site locations and proposed development plans are first approved as provided in Chapters through 27.12, 27.62, 27.74, and 27.80; however, the specific 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: (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; 7

8 (16) Parking Facilities; (A) Parking lots outside the limited parking zone of the Central Parking and Improvement District; (B) 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 specified in Chapter 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 drivethrough uses, as enumerated in Municipal Code Section (7)(a). (Ord , 2001; Ord , 1997; Ord (part), 1996; Ord , 1995; Ord , 1995; Ord (part), 1993; Ord , 1992; Ord (part), 1986; Ord (part), 1986; Ord , 1982; Ord , 1976; Ord (part), 1973; Ord , 1970; Ord (part), 1969: prior code (B)). 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) Health and recreation facilities; (d) Public utility and service uses; (e) Financial and business offices and related facilities; 8

9 (f) 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; (g) Residential units, only on parcels designated with a residential overlay district classification subject to R3 district Minimum Development Standards in Section and affordable housing requirements as adopted by City Council resolution, unless otherwise specified in Chapter 27.29; however, secondary units are prohibited; (g) (h) Restaurants without drive-thru facilities; (h) (i) Schools and day care facilities; (i) (j) 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 (j) (k) Other compatible uses as determined by the Zoning Administrator. (Ord , 2009; Ord , 2003; Ord , 1992; Ord (part), 1991; Ord , 1985; Ord , 1982; Ord , 1981; Ord , 1979; Ord (part), 1969: prior code (A)) SPECIAL USES. The following uses may also be permitted subject to approval of a special use permit: (a) Automobile gasoline service station; (b) Clubs, lodges, and fraternal organizations; (c) Hotels; (d) Parking facilities, as a principle use; (e) Religious institutions; (f) Residential, multi-family units on parcels without a residential overlay district classification subject to R3 District Minimum Development Standards in Section and affordable housing requirements specified in Chapter as adopted by City Council resolution, unless otherwise specified in Chapter 27.29; however, secondary units are prohibited; and (g) Other compatible uses as determined by the Zoning Administrator subject to the granting of a special use permit. (Ord , 2009; Ord (part), 1991; Ord , 1985; Ord , 1981; Ord , 1976; Ord , 1971; Ord , 1970; Ord , 1970; Ord (part), 1969: prior code (B)). Chapter E2 DISTRICTS -- EXECUTIVE OFFICES PERMITTED USES. The following uses are permitted: (a) Permitted uses in the E1 district; (b) Residential, multifamily units, only on parcels designated with a residential overlay district classification subject to R4 district Minimum Development Standards in Section 9

10 27.24.development standards and affordable housing requirements specified in Chapter as adopted by City Council resolution, except as otherwise specified in Chapter 27.29: however secondary units are prohibited. (Ord , 2009; Ord , 2003; Ord , 1992; Ord (part), 1991; Ord , 1982; Ord , 1981; Ord (part), 1969: prior code (A)) SPECIAL USES. Special Uses in the E1 district may also be allowed subject to approval of a special use permit. Residential units on parcels without a residential overlay district classification subject to R4 district Minimum Development Standards in Section and affordable housing requirements as adopted by City Council resolution, unless otherwise specified in Chapter 27.29; however, secondary units are prohibited; (Ord , 1992; Ord (part), 1991; Ord , 1985; Ord , 1981; Ord , 1976; Ord , 1971; Ord , 1970; Ord (part), 1969: prior code (B)). Chapter M1 DISTRICTS -- MANUFACTURING PERMITTED USES. The following uses are permitted: (a) Permitted uses in commercial districts, except residential uses which are not permitted; (b) Assembly, production, processing, cleaning, testing, or repair of products; (c) Contractor or construction shops; (d) Laboratories; medical, dental, research, experimental, and testing; (e) Residential dwelling units for security personnel when located on the premises where they are employed; (f) Wholesale and warehousing; excluding storage of inflammable liquids; (g) Accessory uses to principal uses; and (h) Other compatible uses as determined by the zoning administrator. (Ord , 1991; Ord , 1987; Prior code (A)) SPECIAL USES. The following uses may also be permitted subject to approval of a special use permit: (a) Special uses allowed in commercial districts except that residential uses and secondary units are not permitted; (b) Storage of impounded motor vehicles on an open lot; (c) Theaters, drive-in; (d) Wholesale storage of inflammable liquids; and (e) Other compatible uses as determined by the zoning administrator subject to the approval of a special use permit. (Ord , 1991; Ord , 1987; Ord , 1976; Ord , 1973: prior code (B)). 10

11 Chapter HISTORIC PRESERVATION APPLICABILITY. (a) Historic Buildings and Downtown Historic District. The provisions of this chapter shall apply to all individually eligible buildings in the City, all individually eligible and contributor buildings within the Downtown Specific Plan area, and all structures located in the Downtown Historic District, as adopted by resolution of the City Council. (b) The City Council by resolution may add to or delete from the provisions of this chapter any building which it finds does or does not meets the criteria of contributing to the historic importance of downtown and the City. Such an action shall be based on National Register of Historic Places and California Register of Historical Resources criteria and documented in a form consistent with the City of San Mateo Historic Building Survey. (c) Individually Eligible and Contributor Buildings. For the purposes of this chapter, the terms "individually eligible building" shall mean those buildings as identified in the City of San Mateo General Plan. "Contributor building" shall mean those buildings identified as such and located within the Downtown Historic District as adopted by resolution of the City Council and identified in the City of San Mateo General Plan. (d) For the purposes of this chapter, the terms "individually eligible building" and "contributor building" and "Downtown Historic District" shall mean those buildings and district identified as such by resolution of the City Council or identified in the City of San Mateo Downtown Specific Plan. (Ord , 1995; Ord (part), 1993). 11

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