San Mateo Municipal Code Ch. 27.06 Administration

There shall be three approval bodies for planning applications:

(a) Zoning Administrator. The Director of Community Development, or designee, shall be Zoning Administrator, and the Department of Community Development shall be the office of the Zoning Administrator. The Zoning Administrator shall possess the powers and duties as described in this chapter.

(b) Planning Commission. The Planning Commission shall be organized according to Section 2.24.010 and shall possess the powers and duties described in this Title in addition to those contained in Section 2.24.030.

(c) City Council. The City Council shall consider planning applications in the manner described in this Title.

(d) Each approval body shall adopt rules for holding meetings and conducting business. The rules adopted by the Zoning Administrator shall be subject to the approval of the Planning Commission.

prior code §§ 140.01, 152.01(A), 152.01(B)

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;

(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:

(A) Projects less than 6 residential dwelling units or 10,000 square feet of non-residential developments;

(B) 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;

(C) 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 27.66.050(1)(e), Structures in Required Yards.

(D) 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 23.140.120(1).

(3) Variances as authorized by Section 27.78.040, 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 27.74.030(b) and 27.74.040, Temporary Use Permit.

(5) Modifications authorized by Section 27.08.080(a), Modifications.

(6) Special permits to allow the following:

(A) Recycling facilities subject to regulations established in Chapter 27.69;

(B) Plumbing in detached accessory buildings in the R-1 zone, as authorized under Section 27.18.020(1);

(C) Substantial removal of existing residences in an R1 zoning district;

(D) Temporary real estate sales offices, as authorized under Section 27.18.020(12);

(E) Swimming pools, hot tubs, and spas located in required front or street side yards, as authorized under Section 27.18.020(13); and

(F) Additional floor area ratio in the R-3 District, as authorized under Section 27.22.050.

(7) Concurrent development of two or more contiguous lots or parcels of real property in R-1 and R-2 districts authorized by Section 27.18.110(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.

prior code § 152.01(A)(1)

The Board shall review and provide recommendations on all planning applications.

prior code § 152.02(B)

(a) The Commission shall review and take final action, subject to appeal to the Council, upon all applications for:

(1) Appeals from the decisions of the Zoning Administrator;

(2) Special use permits other than for high rise buildings, or those identified under Section 27.06.020(h)(6);

(3) Site Plan and Architectural Review for projects of six or more dwelling units and over 10,000 square feet of non-residential development.

(4) Site development permits involving grading of more than five thousand cubic yards under Section 23.40.120(2);

(5) Tentative Maps and Parcel Maps with exceptions under Title 26 (subdivision);

(6) Applications which are accompanied by environmental impact reports, other than reclassifications, planned developments, special use permits for high rise buildings, and general plan amendments;

(7) Release of conditions or easements recorded by the City under Section 27.08.045.

(8) Modifications under Section 27.08.080(b).

(9) Variances as authorized in Section 27.78.040 for planning applications for structures other than single-family and duplex.

(10) Planned signing districts and freestanding signs over 8 feet in height.

(b) The Commission shall review and make recommendations to the Council upon all applications for reclassifications, planned developments, site plan and architectural review for buildings exceeding 55 feet in height, General Plan amendments, projects which are fully or partially funded by the City and otherwise require Planning Commission review, and projects which include as part of the site any parcel of land which is in whole or in part subject to the tidelands trust provisions of State law.

(c) The Commission may, on its own initiative, recommend to the Council that proceedings be initiated for an amendment, supplement, change or repeal of the whole or any portion of this Title, provided that public hearings thereon shall be held in the manner prescribed in this Title. The Commission shall periodically initiate a comprehensive review of the provisions of this Title and make a report of its findings to the Council.

(1) Variances as authorized in Section 27.78.040.

prior code §§ 152.02, 152.10(D)

The Council shall take final action on:

(a) Appeals from the decisions of the Planning Commission;

(b) Reclassifications;

(c) Planned Developments;

(d) Site Plan and Architectural Review for buildings exceeding 55 feet in height;

(e) General Plan Amendments;

(f) Historic Building Survey Amendment;

(g) Historic Building Demolition Permit;

(h) Every project which includes as part of the site any parcel of land which is in whole or in part subject to the tidelands trust provisions of State law;

(i) Every project which is fully or partially funded by the City and which is subject to Planning Commission review under 27.06.040.

(j) Downtown Economic Development Permit.

(k) The City Council may initiate and enact ordinances, including interim zoning ordinances/moratoria, without having to file a planning application.

When a planning application is comprised of multiple development approval requests, including one or more which could be final with one approval body and one or more which could be final only with another approval body, the approval body with the superior level of authority shall consider and act upon the entire planning application. If any portion or all of a multiple development approval request is appealed, the entire planning application shall be considered upon appeal.

The City Council and Planning Commission shall each have the power to issue subpoenas for, and to require the attendance of witnesses, the production of records and documents and to administer oaths and certify to all official acts under this Title.

prior code § 152.03(A)

Chapters 3 and 4 of Title 7 of the California Government Code, commencing with Section 65100 thereof, are incorporated in this Title and made a part hereof by this reference, with the following exceptions:

(1) Amendments to the general plan may be processed simultaneously with related zoning amendments and/or discretionary permits; and

(2) There shall be no limit on the number of times the general plan may be amended in a calendar year; and

(3) No notice required to be published need be published in more than one issue of any newspaper; and

(4) Procedures for the enactment of zoning ordinances, including interim zoning ordinances/moratoria, are not incorporated; and

(5) In the event of conflicts now or in the future, between these provisions of the California Government Code and City ordinances, resolutions, or Council policy, the latter shall prevail.

prior code § 140.04 and 140.05

The Council may adopt by resolution from time to time a developer's contribution policy to be applied in zoning and land-use administration. New or changed developments often place an increased demand upon public facilities. When additional, new, or expanded public improvements are needed to support a new or changed land use or development, these improvements should be paid for on an equitable basis by the developer. New land-use projects should not require the expenditure of tax moneys to support the project development. The required improvements should be compatible and in continuity with adjacent, or tributary, public improvements. The land use or development, its users and the public, should receive legitimate benefits from the construction of new or upgraded public facilities.