Article II — URBAN LOT SPLITS

The purpose of this Article is to implement SB 9, establish objective standards and regulate qualified Urban Lot Splits and development in accordance with state law. Article II shall be implemented and interpreted in conjunction with Article I of this Chapter, California Government Code  Sections 65852.21  and 66411.7  , San Mateo Municipal Code Chapter 23.40 and

Titles 26 and 27, and any other relevant San Mateo Municipal Code section or other City adopted plan.

Urban Lot Split Development. In addition to the rules of procedure listed in Section 27.21.030 of Article I above, an Urban Lot Split application shall also conform with the following:

(a) Submittal Requirements:

(1) Full Site Survey. A full site boundary survey stamped and signed by a Land Surveyor licensed by the State of California. A topographic and boundary survey shall be required for all properties with grades over 15%.

(2) Parcel Map. A parcel map pursuant to Title 26 of the San Mateo Municipal Code showing the proposed Urban Lot Split.

(3) Affidavit. A completed owner occupancy affidavit and acknowledgement that the property meets Urban Lot Split eligibility requirements outlined in Section 27.21.050 and that the owner of the property intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approved Urban Lot Split and recordation of the Final Map.

(A) Exception. This requirement shall not apply to an applicant that is a community land trust as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code  , or if the applicant is a qualified nonprofit corporation as described in Section 214.15 of the Revenue and Taxation Code  .

(b) Final Parcel Map. Upon an Urban Lot Split application approval, the applicant shall prepare, file, and record a final parcel map with the Department of Public Works pursuant to Article II of Section 26.56 of the San Mateo Municipal Code.

(c) Dedications and Improvements. Unless required to accommodate an urban lot split or provide access to a parcel, no dedications of rights-of-ways or the construction of offsite improvements for parcels created pursuant to this Article shall be required as a condition of approval.

(d) Findings. To approve an Urban Lot Split application, the Zoning Administrator shall make the findings listed in Section 27.21.030 of Article I above, in addition to the following findings:

(1) The parcel being subdivided was not established through a prior SB 9 urban lot split application.

(2) The Urban Lot Split conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 commencing with Section 66410), except as otherwise provided in this Section.

(3) The parcel being subdivided is not adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert with said owner has previously subdivided the adjacent parcel using the provisions of SB 9.

A deed restriction shall be submitted in a form approved by the City and recorded to run with the land for all development pursuant to this Article as indicated below:

(a) A prohibition of non-residential uses on any lot created pursuant to this Chapter;

(b) A prohibition of the establishment of short-term rentals and a requirement that a rental or lease of any dwelling unit created pursuant to this chapter shall be for a period of at least 30 consecutive days.

(c) A prohibition against further subdivision of the parcel using the Urban Lot Split procedures in this Chapter and pursuant to Government Code Section 65852.21  and 66411.7  , as amended;

The following lands classified as R1-A, R1-B, and R1-C are not eligible for an Urban Lot Split under this Article, if the parcel meets either of the following:

(a) Any parcel that was established through prior approval of an Urban Lot Split subdivision as provided for in this Article; or

(b) Any parcel proposed to be subdivided that is adjacent to another parcel where either the owner of the parcel proposing to be subdivided or any person acting in concert (as defined in Section 27.21.020(b)) with said owner has previously subdivided the adjacent parcel using the provisions of this Article.

Development standards shall be applied to each parcel individually. Each parcel created by an Urban Lot Split shall conform to the Two-Unit Development Standards in Section 27.21.070 and Title 26 of the San Mateo Municipal Code except as otherwise listed below.

(a) Demolition. The demolition of 50% or more a structure's exterior structural walls or roof shall require the issuance of a ministerial Special Use Permit for the substantial removal of the existing structure pursuant to the applicable sections of Section 27.18.035 of the Municipal Code.

(b) Number of Units. On a lot established through an Urban Lot Split pursuant to Government Code 66411.7  , a maximum of two dwelling units shall be allowed per resultant parcel. In no case shall more than two dwelling units on a single lot in any otherwise allowed combination of primary units, SB 9 units, ADUs and/or JADUs be permitted.

(c) Parcel Map and Configuration.

(1) Number of Parcels. The parcel map shall create no more than two new parcels.

(2) Parcel Size.

(A) Each newly created parcel shall be of approximately equal areas. The smallest subdivided parcel shall not be less than forty percent (40%) of the lot area of the original parcel proposed for subdivision.

(B) Each newly created parcel shall be at least 1,200 square feet in gross area.

(d) Access and Driveways.

(1) Parcels resulting from an Urban Lot Split shall have access to, provide access to, or adjoin the public right-of-way through their frontage, access corridor, or access easement(s).

(A) A minimum 10-foot-wide strip of land owned in fee (i.e. flag lot 'pole') or 10- foot wide access easement shall be provided for all flag lots or landlocked parcels created through an Urban Lot Split. The width of the strip of land owned in fee for flag lots or width of the access easement for landlocked parcels shall not be less than the driveway width requirements of Section 27.64.025.

(B) A minimum 20-foot-wide strip of land owned in fee (i.e. flag lot 'pole') or 20- foot wide access easement shall be provided for all flag lots or landlocked parcels created through an Urban Lot Split where the length of the flag lot 'pole' or access easement is greater than 150 feet in length.

(2) Access to all new lots and/or units shall be compliant with the San Mateo Consolidated Fire District standard details and specifications for driveways and turnarounds.

(3) Easements for the adequate provision of public services and utilities and egress/ingress may be required.

(4) Proposed boundary lines shall be free of jogs in alignment, except where physical conditions and established property lines preclude the establishment of straight boundary lines, or such alignment would prohibit the creation of lots pursuant to this Article which are capable of being developed with two residential units that are at least 800 square-feet in size each.

(e) Other Development Standards.

(1) All development pursuant to this Article shall also be subject to additional development standards as outlined in Section 27.21.070(f) of this Chapter above.

Chapter 27.22 R3 DISTRICT—MULTIPLE FAMILY DWELLINGS (MEDIUM DENSITY)

Use of buildings or land in this district and buildings hereafter erected, structurally altered or enlarged, shall be limited to the following:

(a) Any use permitted in the R1 and R2 districts;

• (b) Multiple family dwellings, as defined in this title;

• (c) One family row dwellings, as defined in this title;

(d) Supportive housing in compliance with Government Code  Sections 65650 - 65656, shall be considered a use by-right use. "Use by right" shall have the same meaning as defined in Government Code Section 65583.2(i)  . Supportive housing shall also be in compliance with Section 27.94.020 By-Right Residential Use Requirements and subject only to those objective development standards and policies that apply to other multifamily development within the same zone.

(e) Accessory uses which are necessary to the above-mentioned buildings and uses.

Unless otherwise provided, the following uses may be allowed if a special use permit is approved:

• (a) Any special use permitted in the R1 and R2 districts;

• (b) Bed and breakfast inns;

(c) Boarding and lodging houses with a five (5) resident limitation;

(d) Residential care facility (excluding group homes) with seven (7) or more residents in addition to the caregiver. Certain licensed care facilities shall be subject to separation  requirements pursuant to Health and Safety Code Section 1267.9 ;

• (e) Day care centers.

Off-street parking facilities shall be provided as required in the off-street parking code (Chapter 27.64).

(a) Every dwelling hereafter erected or structurally altered to create one or more additional dwelling units shall be on a parcel having the following minimum development standards:

(b) A larger minimum parcel for special uses shall be required by the Planning Commission upon a finding that the minimum parcel area does not adequately accommodate the proposed special use.

(Ord. No. 1991-18 § 5; Ord. No. 1985-3 § 2; Ord. No. 1979-1 § 6; prior code § 146.04(D).)

Cross References

Section 27.30.010(p) Section 27.44.020(g)

The floor area ratio of buildings and structures on a parcel in this district shall not exceed 0.85, except that the zoning administrator may grant permission to exceed the above maximum floor area ratio, using the procedures outlined for special uses as provided in this title, if the additional floor area will:

(1) Not exceed a floor area ratio of 1.0;

(2)(A) Be equal to the additional floor area that is required to cover any parking space that is not otherwise required to be covered by provisions of this title, or

(B) Is necessary to cover any required turnaround area for required parking, and

(C) Increase the livability by providing more usable yard area than could be provided without the permitted increase in floor area.

Building height shall not exceed the standards set forth on the Building Height Plan of the General Plan.

Buildings shall not be erected or enlarged unless the yard areas in the following Sections (27.22.070 through 27.22.090) are provided and maintained in connection with such building, structure or enlargement. Notwithstanding the requirements for front, side, and rear yards (27.22.070 through 27.22.090) and at the City's option, required yards may be combined in various ways to maximize certain locational factors. Such combinations shall be considered by the City as a part of planning application review.

(a) A front yard of not less than fifteen feet (15') shall be provided. For buildings exceeding three (3) stories in height, the minimum front yard shall be one-half (1/2) the height of the building, unless a smaller setback is allowed in the granting of a special use permit.

On a parcel being developed for multiple-family use, if the front of the parcel abuts an R1 or R2 zoned parcel, the front setback measured from the property line shall be equal to the building height, or fifteen feet (15'), whichever is greater.

(b) Garages in Embankments. The same regulations shall apply as in the R1 districts.

• (c) Private Roads. The same regulations shall apply as in the R1 districts.

(d) Subdivision Maps. The same regulations shall apply as in the R1 districts.

(Ord. No. 1985-3 § 2; Ord. No. 1979-26 § 5; Ord. No. 1979-1 § 8; prior code § 146.04(F)(1-4).)

Cross References

Section 27.22.060

(a) For one family detached dwellings, the same regulations shall apply as in the R1-B district.

(b) For two family dwellings, the same regulations shall apply as in the R2 district.

(c) For one and two story multiple family dwellings there shall be provided and maintained a side yard of not less than six feet (6') on each side of the principal building(s). For multiple family dwelling structures of more than two stories in height, the side yard adjacent thereto shall be onehalf (1/2) the height of the building to a maximum of twenty-five feet (25') unless a greater dimension is required as a condition of approval for a special use permit.

(d) For one and two story multiple family dwellings on corner parcels, there shall be maintained a minimum side yard of not less than seven and one-half feet (7-1/2') on the side adjacent to the street which intersects the street upon which the building maintains frontage. In the case of a reversed corner parcel, there shall be maintained a setback from the side of not less than fifty percent (50%) of the front yard required on the parcels in the rear of such corner parcels but such setback need not exceed ten feet (10'). Accessory buildings on said reversed corner parcel shall not project beyond the front yard requirement on the adjacent parcel to the rear; nor be located nearer than six feet (6') to the side parcel line of said adjacent parcels. For multiple family dwelling structures of more than two (2) stories in height on corner parcels, the minimum required side yard shall be one-half (1/2) the height of the building to a maximum of twenty-five feet (25') unless a greater dimension is required as a condition of approval for special use permits.

(e) On a parcel being developed for multiple-family use, if the side of the parcel abuts an R1 or R2 zoned parcel, the side yard setback on that side measured from the property line shall be equal to one-half (1/2) the height of the building, or fifteen feet (15'), whichever is greater.

(f) On a parcel improved pursuant to a special use permit with a nonresidential building, exclusive of residential accessory buildings, there shall be a side yard of not less than ten feet (10') on each side of the principal structure. For those nonresidential structures of more than two stories in height, there shall be provided and maintained a side yard setback equal to one-half

(1/2) the height of the building, or fifteen feet (15'), whichever is greater. Additional side yard setback may be required as part of the conditions of a special use permit. When a special use is proposed for a parcel which abuts an R1 or R2 zoned parcel, the provisions of subsection (e) shall apply.

(Ord. No. 1985-3 § 2; Ord. No. 1982-22 § 27; Ord. No. 1979-26 § 6; Ord. No. 1979-1 § 9; prior code § 146.04(F)(5).)

Cross References

Section 27.22.097

On a parcel upon which a building is constructed there shall be a rear yard setback of not less than fifteen feet (15'). For buildings more than three stories in height, the minimum rear yard shall be one-half (1/2) the height of the building to a maximum of twenty-five feet (25') unless a greater dimension is required as a condition of approval for special use permits. When a parcel zoned for multiple family use abuts an R1 or R2 zoned parcel, the rear yard setback measured from the property line shall be equal to the building height. All required rear yards shall be unobstructed from ground level to the sky, except as otherwise provided in this title.

(Ord. No. 1985-3 § 2; Ord. No. 1979-26 § 7; Ord. No. 1979-1 § 10; prior code § 146.04(F)(6).)

Cross References

Section 27.22.060

Section 27.22.097

Properties from Ninth Avenue south to the City limits which have frontage on El Camino Real shall provide the following yards:

(a) A minimum of ten (10) feet along El Camino Real frontage, where property is developed with buildings over two stories in height;

(b) One-half (1/2) the height of any building, where the property is adjacent to residential districts.

Properties within the Gateway area as defined in the Downtown Specific Plan shall conform with the following building height and yard requirements: interior side yard and rear yard setbacks shall conform with sections 27.22.080 and 27.22.090:

All building additions and new buildings within the Gateway area as defined in the Downtown Specific Plan shall conform with the Gateway Design Guidelines.

(a) The open space requirements of this district are in addition to any open space requirements resulting from the approval and filing of a subdivision map, or any open space requirements imposed upon a planned development in accord with the general plan. Open space required by this section is intended to be for the use and enjoyment of the residents of the multiple-family project.

(b) Not less than two hundred (200) square feet per bedroom of open parcel area, exclusive of any required off-street parking areas or driveways, shall be provided for the first bedroom in each dwelling unit and at least one hundred (100) square feet per bedroom of open parcel area, exclusive of any required off-street parking areas or driveways, shall be provided for each bedroom after the first bedroom in each dwelling unit.

(c) The required open parcel area for each ground floor dwelling unit shall be continuous thereto, and shall have a minimum dimension of not less than ten feet (10') in any direction. Such open parcel area may include the required minimum yard areas set forth in this chapter. Where provision of contiguous open space for ground floor units conflicts with required fire department access, a redistribution of open space may be required, subject to the approval of the fire chief.

(d) Open roof decks, balconies, lanais or other open structural areas made a part of the building and improved for outdoor living, may be used to satisfy the open parcel area requirements for each dwelling unit above the ground floor provided that the open roof deck, balcony, lanai, or other open structural area contains a usable area of not less than one hundred (100) square feet and is not less than six feet (6') in any dimension. Required open space for units above the ground floor may be combined for several units and located on the ground.

Whether or not required open space is combined, it may be located in whole or in part on the ground, provided that the minimum dimension is ten feet (10') in any direction. Such open space need not be contiguous to the building.

(e) The proposed improvement of all required open parcel area (garden patios) or roof decks, balconies, lanais or other structural areas intended for outdoor living shall be designated on plans submitted with planning applications, and upon the approval of such plans shall be considered a required part of the site and structural improvements.

Every multiple family building hereinafter erected or established in a multiple family district, shall provide a minimum floor area for each dwelling unit with or without a kitchen in compliance with the following:

The floor area shall be measured from the center of the walls enclosing each dwelling unit, and may include all closet space and storage area contained within the dwelling unit; but shall not include outside patios, balconies, or terraces, or utility rooms used jointly by the occupants.

(Ord. No. 1985-3 § 2; prior code § 146.04(H).)

Cross References Section 27.28.034 Section 27.28.064 Section 27.28.094