Chapter 27.02 — GENERAL PROVISIONS

This title shall be known and may be cited and referred to as the "San Mateo City Zoning Code."

This title is adopted for the following purposes:

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

(b) 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;

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

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

(e) 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;

(f) 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;

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

(h) 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;

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

(j) 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

(k) To define the powers and duties of the administrative officers and bodies as provided herein.

The provisions of this title shall be held to be the minimum requirements for the promotion of public health, safety, morals and welfare.

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).)

Cross References

Section 27.88.050 Section 27.90.070 Section 27.92.060

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.

(a) 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 conformance with the regulations specified for the district in which it is located, except as described in subsection (b).

(b) The following are exempt from maximum height limitations:

(1) Pergolas, trellises, skylights, attached flagpoles, parapet walls, roof gardens, screens (or similar features necessary to screen roof top mechanical equipment as described in subsection (2)), and other similar features related to architectural design or style and that are accessory to the primary structure in function and appearance provided that they do not add floor area.

(2) Roof top mechanical equipment such as cooling towers, elevators (including related equipment and bulkheads), solar collectors, and other mechanical equipment required for the property's use and size, provided that all roof top mechanical equipment shall be screened such that it is not visible from the adjacent public right-of-way(s).

(3) Antennas mounted on a building or property by a public agency for public safety purposes.

(4) Other accessory architectural features, subject to a Site Plan and Architectural Review (SPAR) planning application reviewed and approved by the Zoning Administrator.

(c) For any application exempt under subsection (b), the Zoning Administrator may determine that additional review by the Planning Commission is required based on the size, shape, location, or impacts of the proposed feature in relation to the rest of the development.

(d) For improvements or additions to existing nonconforming buildings, the maximum height and bulk regulations set forth elsewhere in this Title shall not apply to:

(1) Improvements required for seismic retrofitting, Americans with Disability Act (ADA) accessibility, required life and safety upgrades, and historic preservation.

(2) Mechanical upgrades, including but not limited to equipment upgrades, elevators (including related equipment and bulkheads), HVAC installation, and solar equipment installation; and any screening that may be necessary to screen the above, such that it is not visible from the public right-of-way.

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:

(a) The temporary structure and its facilities shall meet the health, safety and sanitation requirements for permanent structures.

(b) The temporary structure shall be removed not later than 30 days after completion of all sales or leases of the buildings or facilities under construction, or 30 days after certification of occupancy of any structure or portion thereof, whichever occurs sooner; and in no event later than one year after approval of the temporary structure is final.

(c) Plans for replacement and removal of the temporary structure must be approved by the building official.

(d) 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.

(e) 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.

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.

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:

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

• (b) Appropriate zoning is authorized in accordance with provisions of this code.

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.

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.

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.

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.

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.

The following uses in subsection (a) are exempted by this Title and allowed in any district. In addition, City projects that meet the criteria in subsection (b) below are also exempt:

(a) 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.

(b) The City project meets all of the following criteria:

(1) It is accessory and/or ancillary to an existing or approved principal development or use; and

(2) It is fully or partially funded by the City; and

(3) The City has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA).

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.

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. No. 1997-10 § 1; Ord. No. 1984-9 § 2; Ord. No. 1981-27 § 5; Ord. No. 1974-19 § 1.)

Cross References

Section 27.78.040(d)

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.

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 nonconformance, 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.

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 times the current monthly United States Department of Housing and Urban Development (HUD) Fair Market Rent for a

dwelling unit of comparable size and type to the dwelling or room from which the displacement occurs; and

(c) A payment not to exceed one thousand dollars ($1,000.00) for actual moving costs and related expenses incurred by the tenant household and substantiated by reasonably probative documentation; and

(d) Other reasonable assistance and allowance, as determined by the final approval body in a condition of approval.

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.

The Handicapped Access Regulations of the State as prepared by the Office of State Architect shall be followed wherever they are applicable.

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.

It is unlawful for any person, firm, or corporation to violate conditions imposed on any land use permit granted pursuant to this title.

Notwithstanding any other provision of this Code, the Zoning Administrator may request the Community Relations Commission to order the abatement of violations of this title as provided in

Chapter 7.16.

The provisions of Ordinance No. 2024-10, approved by the voters on November 5, 2024, as Measure T, and effective on December 19, 2024, allows for the full implementation of the Land Use Element in General Plan 2040. In case of conflict or inconsistency between Title 27 of the Municipal Code (Zoning Code) and the General Plan 2040, the uses, densities, intensities and heights specified in Table LU-1 (Land Use Designations) in the Land Use Element and associated with the Land Use Map shall control.

(a) Within a 1/2 mile radius of a Caltrain Station as shown on the General Plan Land Use Map, a mixed-use development project with a residential component that includes five or more residential units shall comply with the following minimum residential densities if the development project is within one of the following General Plan Land Use Designations. If the project area is within more than one General Plan Land Use Designations, the lowest density requirement applies.

(1) Mixed-Use Low and Mixed-Use Medium I – 30 dwelling units per acre

(2) Mixed-Use Medium II and Mixed-Use High – 50 dwelling units per acre

(b) A mixed-use development project with a residential component that includes five or more residential units outside of a TOD area are required to comply with minimum residential densities when the development project is within one of the following General Plan Land Use Designations. If the project area is within more than one General Plan Land Use Designations, the lowest density requirement applies.

• (1) Mixed-Use Low – 10 dwelling units per acre

• (2) Mixed-Use Medium I – 15 dwelling units per acre

• (3) Mixed-Use Medium II – 30 dwelling units per acre

(4) Mixed-Use High – 50 dwelling units per acre

(c) The City Council may consider a request to reduce the required minimum residential density in a mixed-use development project with a residential component for a project that provides a greater percentage of affordable housing units than required by Section 27.16.050 Affordable Housing or by providing public community benefits.