San Mateo Municipal Code Ch. 27.16 Residence Districts

Use and bulk regulations applying specifically to residence districts are set forth in Chapters 27.18 through 27.26. Also applying to residence districts are additional regulations set forth in other chapters of this title as follows:

(1) Chapters 27.01, 27.16, 27.66, 27.68, 27.70 and 27.82, General Provisions;

(2) Chapter 27.04, Definitions;

(3) Chapter 27.72, Nonconforming Buildings and Uses;

(4) Chapter 27.64, Off-Street Parking and Loading;

(5) Chapter 27.06 through 27.12, 27.62, 27.74, 27.78 and 27.80, Administration.

Prior code § 146.01

Except as otherwise provided for in this title, every building in a residential district shall be constructed upon a lot which abuts upon a public street as shown on a subdivision map accepted by the City and as recorded in the office of the recorder of San Mateo County, or as designated by a resolution pursuant to Section 17.04.010, unless a permanent easement of access to a public street was of record prior to the effective date of this title, or unless approved pursuant to proceedings authorized by this title.

Prior code § 143.06

It is unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle or boat repair in any residential zone:

(a) Upon any vehicle which is not registered to a current occupant of the premises where the work is being performed; or

(b) Upon more than two (2) vehicles at one time on the same premises or by the same person; or

(c) Outside a fully enclosed structure for uses defined as major motor vehicle repair as defined in Section 27.04. Minor motor vehicle repair may be performed outside a fully enclosed structure where elapsed time between the beginning and end of the repair does not exceed forty-eight (48) hours. Vehicle painting, other than spot painting, shall not be permitted in residential zones.

Home occupations are permitted in dwellings upon approval of a Home Occupation Certificate by the City. All home occupations shall meet the following standards:

(a) Allowable Uses. The home occupation shall be accessory to the primary use of the dwelling as a residence. Allowable uses include offices, professional services, instruction, food preparation, handicrafts, and other similar uses as authorized by the Zoning Administrator. Auto repair and retail sales from the dwelling are prohibited. Businesses selling or renting firearms, as defined by Penal Code section 12001(b), shall be prohibited unless a special use permit is approved, subject to compliance with the limitations set forth in this section and such other conditions as are established by the special use permit process.

(b) Employees. Permanent residents of the dwelling are the only persons permitted to engage in or be employed in the home occupation at the residence. Workers shall not be allowed to physically report to the property for activities such as dispatching or assignment to off-site locations.

(c) Allowable Area. The home occupation shall be limited to either four-hundred (400) square feet or twenty (20) percent of the floor area of the dwelling (excluding parking but including storage areas), whichever is less. An accurate floor plan shall be submitted as part of the Home Occupation Certificate, showing the area to be devoted to the home occupation, including any vehicles parking area. The use shall be conducted only in the primary residence of the employee or in an accessory structure on the same parcel. No area devoted to off-street parking required by Chapter 27.64 for the dwelling shall be used in any manner for the purpose of conducting a home occupation.

(d) Client Visitation. Client visitation shall be limited to the hours between 8 a.m. and 6 p.m. A maximum of five (5) client visitations per day to the site is permitted.

(e) Deliveries. Goods, materials, equipment or services delivered to or from the home occupation shall only be permitted by the home occupation employees, or by a private or government-operated mail service. Deliveries shall take place only between 8 a.m. to 6 p.m. and shall not take place more than twice daily.

(f) Parking. Home occupations shall provide off-street parking for all vehicles owned by or registered to the business. However, one vehicle owned by or registered to the home occupation may utilize one of the dwelling unit's parking spaces if the vehicle is also the home occupation employee's primary personal transportation. Vehicles used in conjunction with the home occupation shall conform to the provisions of Chapter 11.32 of the City of San Mateo Municipal Code.

(g) Outdoor display and storage. Outdoor display or storage of goods, equipment or material is prohibited.

(h) Dwelling appearance. The home occupation shall not be conducted in a manner that changes the exterior character and appearance of the dwelling unit in which it is conducted.

(i) Nuisance. The home occupation shall not be conducted in a manner which constitutes a public nuisance, or is offensive or hazardous. The home occupation shall not generate light, noise or vibration disruptive to the character of a residential neighborhood, or generate electrical or electronic interference. In no event shall the home occupation generate noise in excess of 45 dBA (LDN) when measured at any property line. The home occupation shall not generate garbage, refuse or recyclable material exceeding the amount normally associated with a residential use of the property. The use shall not utilize hazardous materials, and shall not create adverse effects, including, but not limited to, traffic, parking, crime, security matters, smoke or odors.

(j) Business Tax. All required business taxes shall be timely paid.

To implement the affordable housing goals and policies in the General Plan, the City Council adopted the Below Market Rate (BMR) Program. Specific requirements for the development of affordable units are regulated by resolution adopted by the City Council.

(a) Purpose. The purpose of this section is to comply with the state density bonus law (California Government Code section 65915) and to implement the housing element of the San Mateo General Plan, by providing increased residential densities for projects that guarantee that a portion of the housing units will be affordable to very low, low, or moderate-income households, provide senior citizen housing, or include child care facilities.

(b) Applicability. The provisions of this section apply to the construction of five or more housing units that satisfy one or more of the following criteria:

(1) At least ten percent of the total units are designated for low income households.

(2) At least five percent of the total units are designated for very low income households.

(3) A senior citizen housing development as defined in Section 51.3 of the Civil Code.

(4) At least ten percent of the total units in a condominium project as defined in subdivision (f) of, or in a planned development as defined in subdivision (k) of, Section 1351 of the Civil Code, are designated for moderate income households, provided that all units in the development are offered to the public for purchase.

(c) Definitions. The following terms are defined for purpose of this section:

(1) "Density bonus" means a density increase, in the amount prescribed by Government Code section 65915, over the otherwise maximum allowable residential density as of the date the application is accepted as complete.

(2) "Low income household" has the meaning set forth in Health and Safety Code section 50079.5 and is a household whose income is equal to or less than eighty percent of the area median income, as published by the California Department of Housing and Community Development.

(3) "Moderate income household" has the meaning set forth in Health and Safety Code section 50093 and is a household whose income is equal to or less than one hundred twenty percent of the area median income, as published by the California Department of Housing and Community Development.

(4) "Senior citizens" means qualifying residents as defined in Section 51.3 of the Civil Code.

(5) "Very low income household" has the meaning set forth in Health and Safety Code section 50105 and means a household whose income is equal to or less than fifty percent of the area median income, as published by the California Department of Housing and Community Development.

(d) Incentives and Concessions.

(1) City to grant. When an applicant seeks a density bonus as prescribed by Government Code section 65915, the City will grant the number of incentives or concessions required by that section unless it makes one of the following findings:

(A) The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.3 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section 65915(c) of the Government Code.

(B) The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5 (d)(2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

(2) The following incentives and concessions are deemed not to have the adverse impact set forth in section (d)(1)(B) above:

(A) Reduced setbacks or buffers so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(B) Increased maximum lot coverage so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(C) Increased maximum Floor Area Ratio so long as the project remains consistent with the City's General Plan and any applicable design guidelines;

(D) Reduction in parking standards beyond that set forth in Government Code section 65915(p); and.

(E) In addition to the additional density bonus provided in accordance with Government Code section 65915(g) for land donations within ¼ mile of an applicant's project, provision of the additional density bonus set forth in Government Code section 65915(g) for land dedicated to the City that is located within ½ mile of the applicant's project so long as the applicant demonstrates to the City's satisfaction that building the requisite number of affordable units on-site is infeasible and there is an identified source of funding for the very low income units.

(3) The City will not, however, provide any direct financial assistance, waive fees or dedication requirements, or provide publicly owned land for a housing development as an incentive or concession.

(e) Waivers and Modifications of Development Standards.

(1) Proposal. In accordance with Government Code section 65915(e), an applicant may propose waiver or modification of development standards if they would physically preclude the construction of a development meeting the criteria of section 65915(b) at the densities or with the concessions or incentives permitted by section 65915.

(2) Grounds for Denial. In accordance with Government Code section 65915(e), the City may deny an applicant's request to waive or modify the City's development standards in any of the following circumstances:

(A) The application does not conform with the requirements of this section or Government Code section 65915.

(B) The applicant fails to demonstrate that the City's development standards physically preclude the utilization of a density bonus on a specific site.

(C) The waiver or reduction would have a specific, adverse impact, as defined in Government Code section 65589.5(d)(2), upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(D) The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(f) Application Procedure.

(1) An applicant requesting a density bonus, incentive or concession, or waiver or modification of development standards, in accordance with this section must submit the request with any application for a planning approval. The request must include the following information:

(A) The number of proposed affordable housing units;

(B) the specific incentive(s) or concession(s) sought, if any;

(C) the specific waiver or modification to development standards sought, if any;

(D) if seeking an incentive or concession, documentation required by the Director of Community Development or his or her or designee regarding the necessity of the incentive or concession in order to provide affordable housing costs or rents;

(E) if seeking a waiver or modification of development standards, documentation required by the Director of Community Development or his or her designee regarding the necessity of the waiver or modification, including documentation demonstrating that the City's development standards physically preclude the utilization of a density bonus;

(F) If requesting a density bonus based on land donation in accordance with Government Code section 65915(g), the applicant must submit information sufficient to permit the City to determine that the proposed donation conforms with the requirements of section 65915(g) and this Code;

(G) If requesting a density bonus based on the provision of a child care facility, the applicant must:

(i) provide the location of the proposed child care facility and the proposed operator;

(ii) agree to operate the child care facility for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable;

(iii) agree to have contracted with a child care facility operator for operation of the child care facility before the first building permit is issued; and

(iv) agree that the child care facility will be in operation when the first certificate of occupancy is issued.

(2) Action on Application. The body with approval authority for the planning approval sought will approve, deny or modify the incentive or concession as a part of the overall project approval.

(g) Density Bonus Agreement. Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded, the developer must enter into the City's standard density bonus agreement. The density bonus agreement will run with the land, be binding upon successors in interest, and be recorded with the County Recorder.

Bed and breakfast inns are permitted in dwellings within all multiple family residential districts. It is unlawful to operate a bed and breakfast which does not meet all of the following requirements:

(a) The use shall conform to the density standards of the zoning district in which the property is located. For the purpose of density, two guest rooms are the equivalent of one dwelling unit. However, in no case shall the total number of guest rooms exceed ten (10);

(b) Maximum length of stay is fourteen (14) consecutive days;

(c) The owner and manager of the business shall reside on the property;

(d) No cooking facilities shall be allowed in guest rooms; and

(e) Meals shall be provided only to guests and the on-site manager and family.