Chapter 8.296 — DEVELOPMENT REVIEW PROCEDURE

This Chapter shall be known as the Development Review Procedure. Its purpose is to establish a procedure for the appropriate and orderly development of land and permit flexibility in the application of zoning regulations in a manner consistent with the basic principles and purposes of the ordinance. It shall be applicable, as specifically indicated in zone regulations and in the Resource Management (RM) District, to all development except as provided for in Chapter 8.296.

The applicant shall submit a Proposed Development Plan (“PDP”) which shall be sufficiently detailed to indicate fully the ultimate operation and appearance of the development and shall include the following elements:

1. Environmental Setting Inventory (“ESI”) . An Environmental Setting Inventory (“ESI”) shall be equivalent to the environmental setting portion of an Environmental Impact Report under CEQA Guidelines, Section 15125 and shall include a detailed analysis for the following elements:

   • a. A topographic analysis including a map detailing elevations, contours and slopes, and a description of distinct natural areas within the property.

   • b. A geologic analysis including identification, locational description and mapping of the major geologic units, seismic condition, and areas of landslide potential.

   • c. A soils analysis including a description and mapping by soil type classifications, and description of surface water and sub-surface water conditions.

   • d. A hydrologic analysis including descriptions of surface drainage patterns, flow quantity and water quality from springs on the property and capacity to locate septic tanks or fields, when required for adequate site evaluation.

   • e. An analysis of area climate including annual rainfall averages, temperatures, and wind currents.

   • f. A description and analysis of vegetation and plant communities, including identification of sensitive habitat (including legally protected species), and heritage and significant trees.

   • g. A description and analysis of wildlife groups and wildlife habitats, including legally protected species.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• h. Visual analysis of the property’s scenic landscape resources, including State and County scenic corridors, scenic roads and viewsheds, and scenic landscape features including shorelines, vegetation, ridgelines and skylines, as defined in the San Mateo County General Plan.

• i. An Environmental Evaluation Checklist obtainable from Planning and Building Division.

• j. Density analysis map results, where applicable.

• k. Analysis of buildable site locations.

• l. Inventory of cultural features.

• m. Description of transportation system capacity and access to the site.

The ESI shall be prepared or certified by a qualified professional in the field of environmental analysis.

2. Development Scheme (“DS”) . A Development Scheme (“DS”) shall be prepared for the proposed development and shall include maps and information for the project site and surrounding area within 300 feet of the site. The DS shall distinguish existing and proposed elements and shall be sufficiently detailed to indicate intent and impact. The DS shall include the following:

• a. A description of the project, equivalent to project description under CEQA Guidelines, Section 15124.

• b. Location of all existing and proposed property lines.

• c. Location of all proposed uses and activities, buildings and structures, including approximate dimensions and number of living units.

• d. Location of water, sewerage, and drainage facilities.

• e. Major landscaping features.

• f. Renderings clearly establishing the scale, character and relationship of buildings, streets, and open spaces.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• g. Grading or earthmoving plans.

• h. Areas reserved for public uses, including location of schools, parks, playgrounds, and other open spaces.

• i. Plans for street improvements (including streets, driveways, sidewalks and pedestrian-ways, and off-street parking and loading areas).

• j. Location and design of signs.

• k. Projected resident population.

• l. Identification of those permits required by San Mateo County for the proposed development.

3. Master Land Division Plan (“MLDP”) . A Master Land Division Plan (“MLDP”) shall be prepared, delineating how the parcel will be ultimately divided according to the maximum density of development permitted (Section 6317) and consistent with the findings and conclusions of the Environmental Setting Inventory. The MLDP shall indicate:

• a. All existing and new property lines.

• b. Proposed uses for each parcel.

• c. Location of roads providing access to each parcel and road improvements required.

Parcels shall:

• a. Be of sufficient size to meet minimum domestic well water and on-site sewage disposal area requirements, except for the latter where it is legally possible to connect to water district lines.

• b. Be clustered in order to have the minimum amount of stream frontage.

• c. To the extent feasible, minimize the number of roads and driveways directly accessing major roads.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

An MLDP shall permit division in phases, and all future divisions occurring on the original parcel for which an MLDP has been filed shall conform to that MLDP, or an approved amendment thereto.

An MLDP shall not be required if a deed restriction, or other legally enforceable instrument, limits development rights to a total potential buildout of four (4) or fewer dwelling units on the whole parcel.

4. A tabulation of the land area to be devoted to various identified uses, and a calculation of the average residential density per net acre and per net residential acre.

5. A development schedule that at least includes anticipated timing, duration and costs, and the anticipated priorities of each development stage, if any.

6. Within 30 days of receipt of the PDP, the Planning and Building Division shall inform the applicant in writing whether the application is complete and accepted for filing. If the application is deemed incomplete, the Planning and Building Division shall specify the deficiency and indicate what added information is required. The applicant shall have an additional 30 days to submit such information. If the application is deemed complete, staff shall proceed to review and evaluate the proposal and within 45 days of receipt of the application, shall prepare a staff report indicating the PDP’s conformance with the standards of the RM District.

hall specify the deficiency and indicate what added information is required. The applicant shall have an additional 30 days to submit such information. If the application is deemed complete, staff shall proceed to review and evaluate the proposal and within 45 days of receipt of the application, shall prepare a staff report indicating the PDP’s conformance with the standards of the RM District.

As part of its review, the Planning and Building Division shall consult with or receive written reports from the County’s Environmental Health Division and Public Works Department whose findings shall be included in the Planning and Building Divisions staff report to the Planning Commission. The Planning and Building Division may also consult with and receive written reports from other interested government agencies and departments.

The Planning and Building Division shall furnish copies of its final staff report not less than ten (10) working days before the appointed time of the public hearing provided for in this Chapter.

(Prior code Section 6451 - Amended by Ordinance No. 2837 - June 14, 1983)

Within ten (10) days of the receipt of the PDP, the Planning and Building Division shall forward such plan and original application to the Environmental Health Division and Public Works Department for review of public improvements, including streets, sewers, and drainage. The Planning Commission shall not act finally on an application until (1) it has received a report from these departments or (2) more than 30 days has elapsed since the application was sent to these departments, whichever comes first.

(Prior code Section 6452 - Amended by Ordinance No. 2837 - June 14, 1983)

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

After proper legal notice and upon public hearing of the Proposed Development Plan, the Planning Commission shall take one of the following actions on the application: (1) approve, as submitted, (2) approve, subject to conditions of approval, or (3) deny.

1. Approval - If the Planning Commission finds that the PDP conforms with all applicable criteria, standards and policies, it may approve the plan.

2. Approve with Conditions - In approving the PDP, the Planning Commission may attach reasonable conditions of approval: (1) to ensure public safety, health, and welfare, (2) to support the required findings, or (3) to ensure compliance with the content and purpose of this ordinance. Conditions of approval may include, but not be limited to, design modifications, site improvements, exactions, and supplemental information.

3. Denial - If the Planning Commission finds that the PDP does not meet all applicable criteria, standards and policies, it may deny the plan, giving its reasons. The Planning Commission may grant the applicant the opportunity to amend the plan and reschedule another legal public hearing within six months.

The Planning Commission decision shall become effective ten (10) days after the decision is rendered, providing an appeal is not filed in accordance with the provisions of Section 6454.

An appeal from a decision of the Planning Commission may be made to the Board of Supervisors as expressly allowed in Sections 8.296.040 and 8.96.080. Such appeal shall be made, in writing, on a form prescribed by the County and must be filed with the Clerk of the Board within ten (10) working days of the date of the Commission’s decision. The appeal shall state specifically wherein it is claimed that there was error or contravention of County policy or wherein said decision is contrary to the public health, safety, or welfare, or contrary to constitutional or property rights.

(Prior code Section 6454 - Amended by Ordinance No. 4158 - February 25, 2003)

Following the denial of an application for a PDP, the applicant may not resubmit the same plan within six months of the date of denial of application.

The approved final Development Plan shall limit and control the issuance of all building permits and shall re-strict the nature, location and design of all activities and facilities, which must conform to such approved plans. The

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

applicant shall adhere to the staged development schedule included in the application, but after notice and public hearing, the Commission may allow extensions or revisions of such schedule.

In the event of a failure to comply with the approved plan or any prescribed condition, including failure to comply with the staged development schedule, the Planning Commission may, after notice and hearing, rescind approval of the development plan. An appeal may be taken from such decision pursuant to Section 8.296.050.

1. Minor developments, as defined within this section, shall require the completion of an Environmental Checklist. Where it is determined by the Director of Planning and Building that additional information is necessary in order to adequately evaluate the impact of such development, additional Environmental Setting information, as defined in 8.296.020(1) may be required.

2. Such minor development shall be required to meet all applicable criteria contained within Chapter 8.292 commencing with Section 8.292.030 prior to the issuance of any permit or approval of any parcel map.

Minor development shall not be required to secure a Development Review Permit as provided for in this Chapter 8.296, but shall secure a Certificate of Compliance from the Director of Planning and Building, certifying that all applicable criteria contained within Chapter 8.292 have been met prior to the issuance of any permit required by ordinance or the submission of any parcel map for approval. In the case of activities listed in subsection (c), where a permit is not presently required, a Certificate of Compliance shall still be secured.

3. For the purposes of this section, minor development shall be defined as any development which, following examination of environmental information, is qualified for a Negative Declaration or Categorical Exemption. Such development may be certified as a minor development by the Director of Planning and Building, who shall submit a monthly report on said certifications to the Planning Commission. Such developments include but are not limited to:

   • a. Single-family dwelling and accessory structures and driveways and parking areas.

   • b. Playground.

   • c. Kennel.

   • d. Nurseries, greenhouses or additional structures accessory to agriculture which required a building permit prior to the enactment of this ordinance.

   • e. Temporary trailer park for seasonal farm laborers.

   • f. Minor non-commercial timber cutting.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• g. Minor division of lands into four or fewer parcels if outside the Skyline area; within the Skyline area, minor division of land where the total maximum density of development allowed on the parcel, determined in accordance with Section 8.134.090, does not exceed four dwelling units.

• h. Stables.

• i. Turkey raising.

• j. Commercial feed lots.

• k. On-premise signs.

• l. Minor grading.

(Prior code Chapter 23 - Repealed by Ordinance No. 1324 - November 18, 1958)

(Prior code Chapter 23, Sections 6450 through 6461 - Added by Ordinance No. 2229 - December 20, 1973)

(Prior code Sections 6450-6461 - Amended by Ordinance No. 3874 - January 19, 1999)

(Prior code Section 6461(c) - Amended by Ordinance No. 2347 - January 20, 1976)

(Prior code Section 6461(g) - Amended by Ordinance No. 2837 - June 14, 1983)