CITY OF SAN MATEO
City Council Regular Meeting
March 7, 2022
7:00 PM
COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez
AGENDA
DUE TO THE STATE OF CALIFORNIA’S DECLARATION OF EMERGENCY – THIS MEETING IS BEING HELD PURSUANT TO AUTHORIZATION FROM GOVERNMENT CODE 54943(b)(3) / AB361 (2021) – CITY COUNCIL AND COMMISSION MEETINGS ARE NO LONGER OPEN TO IN-PERSON ATTENDANCE.
ANYONE CAN WATCH AND PROVIDE COMMENTS REMOTELY IN THE WAYS DESCRIBED AT THE END OF THE AGENDA.
To join via Zoom – click here: March 7, 2022 Zoom Meeting To join via telephone: (408) 638-0968
Conference ID: 886 8318 2958 Passcode: 356443
CALL TO ORDER
Pledge of Allegiance
Roll Call
CEREMONIAL
1. Women’s History Month
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.
2. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meeting of February 22, 2022.
3. Remote Teleconferenced City Council and Commission Meetings – Reauthorization Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through April 6, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
4. Generator Purchase – Contract
Adopt a Resolution to approve an alternative purchasing method to award a contract to Multiquip for the purchase of two (2) MQPower Whisperwatt Emergency Generators in the amount of $154,617.49 and authorize the Public Works Director to execute the contract in substantially the form presented.
5. Objective Design Standards for Multi-Family Dwellings – Amendment Approve Amendment No. 1 to the agreement with MIG, Inc. for the preparation of Objective Design & Development Standards for Multi-Family Dwellings for an increase of $132,680 (new agreement total of $193,332) and authorize the City Manager to execute the amendment. 1 of 150
6. San Mateo County Vehicle Theft Task Force – Memorandum of Understanding Approve the Memorandum of Understanding between the City of San Mateo and the San Mateo County Vehicle Theft Task Force and authorize the Chief of Police to execute the agreement in substantially the form presented.
7. Classification Updates – Police Department
Adopt a Resolution to approve the: 1) reallocation of the Community Engagement and Public Relations Coordinator position to a Communications and Public Relations Analyst; 2) reclassification of the incumbent to Communications and Public Relations Analyst; and 3) revisions to the job specifications for the classifications of Communications and Public Relations Analyst and Police Records and Communications Manager.
8. Classification and Position Updates - Police Department Adopt a Resolution to reallocate one vacant Administrative Assistant position to one Management Analyst I/II position; and authorize one additional Management Analyst I/II position for the Police Department.
PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.
Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.
PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made. Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.
9. Ordinance Introduction – Accessory Dwelling Unit Ordinance Amendments Introduce an Ordinance to amend San Mateo Municipal Code Chapter 27.19 – “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” in accordance with changes to State law and to amend San Mateo Municipal Code Section
27.04.165 by adding a definition for “Junior accessory dwelling unit.”
CLOSED SESSION
The public will have an opportunity to comment before the Council’s consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.
10. City Manager Compensation
Agency designated representative: Mayor Rick Bonilla / Unrepresented employee: City Manager
RECONVENE TO OPEN SESSION
11. City Manager Compensation
Adopt a Resolution to authorize action regarding City Manager compensation.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.
ADJOURNMENT
------------------------------------------------------------------------------------------------------------------------------------------ AGENDAS : Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at www.cityofsanmateo.org . Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
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WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099.
For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.
WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream PUBLIC COMMENTS – Can be received in the following ways (Time limits will apply) :
Prior to the meeting in writing: Send comments to: [email protected] until 4 p.m. the day of the meeting.
During the meeting by computer: Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default.
When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.
During the meeting by telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.
ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 3 of 150
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 2 Section Name: CONSENT CALENDAR File ID: 22-5759-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: March 7, 2022
SUBJECT:
City Council Meeting Minutes - Approval
RECOMMENDATION:
Approve the minutes of the City Council Special and Regular meeting of February 22, 2022.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Minutes 2022-02-22 Special
Att 2 – Minutes 2022-02-22 Regular
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Tuesday, February 22, 2022
Remote 5:30 PM
Special Meeting
CALL TO ORDER - This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
STUDY SESSION
1. New State Housing Law Senate Bill (SB) 9
Laura Richstone, Associate Planner, provided the presentation on State Senate Bill (SB) 9 including the background, qualifying criteria, and guiding regulations. Staff was seeking policy guidance on 1) demolition limits; 2) Urban lot splits, ADUs and JADUs; 3) Unit size / FAR limitations; 4) Subdivision map extension; and 5) public noticing. Council asked questions of staff.
Public Comment – Anne Benham stated she is opposed to lots in single family areas being split into multiple units.
Sasha Zbrozek commented there are limiting factors on SB9 splits. Anne Paulson asked a question about the law.
Eric Holm recommended viewing Palo Alto’s SB 9 lots as good examples. John Ward concerned with doing this on smaller lots. Susan Rowinski is in favor of a second study session. Frances Boscacci said residents are concerned with overcrowding. Council, by consensus, directed staff to hold another study session on this issue and to do more public noticing.
ADJOURNMENT – The meeting adjourned at 6:54 p.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk 5 of 150
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Tuesday, February 22, 2022
Remote 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting was held pursuant to authorization from Government Code 54943(b)(3) / AB361 (2021) in which Brown Act regulations are relaxed to allow members to participate virtually due to the Covid-19 health emergency.
Pledge of Allegiance
Roll Call
Remote: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee, Goethals and Rodriguez
CEREMONIAL
1. Black History Month – Alexis Lewis, San Mateo NAACP 1st Vice President
2. Community Development Housing Manager Sandy Council – Commendatory Resolution C-3 (2022)
CONSENT CALENDAR
The following items, 3 through 11, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Goethals, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meeting of February 7, 2022.
4. Remote Teleconferenced City Council and Commission Meetings – Reauthorization Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through March 24, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
Enactment: Resolution No. 16 (2022)
5. City Council Guidelines – Governance Principles
Approve the revised City Council Guidelines to include a new section on Governance Principles.
6. Planning Commission Appointment Subcommittee Establishment and Committee Appointments Appoint Mayor Bonilla and Deputy Mayor Papan to the Planning Commission Appointment Subcommittee, appoint Seema Patel to the General Plan Subcommittee, and to the Civic Arts Committee. 6 of 150
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7. Enterprise Resource Planning System Replacement – Agreements and Budget Appropriation
1. Award an agreement to Workday for software subscription, training, and delivery assurance costs related to the City's new enterprise resource planning system in the amount of $4,217,394; 2. Award an agreement to Collaborative Solutions for enterprise resource planning system implementation costs in the amount of $2,527,160; 3. Award an agreement to Can/Am Technologies for Software as a Service (SaaS) and implementation costs related to replacement of the City's cashiering software in the amount of $410,737; 4. Amend an agreement with Plante Moran to provide project management services for an additional amount of $740,000 for new total not to exceed amount of $959,240; 5. Authorize the City Manager to execute the agreements and agreement amendments in substantially the form presented and; 6. Adopt a Resolution to approve a supplemental budget appropriation for CIP Project 200001 (Fund 59) in the amount of $1,168,307, with $237,614 in transfers out from the Sewer Fund, $58,271 in transfers out from the Construction Services Fund, and $872,422 in transfers out from the Equipment Replacement Fund.
Enactment: Resolution No. 17 (2022)
8. East Hillsdale Park – Deed Restriction
Adopt a Resolution to approve and authorize recordation of a deed restriction, satisfying Prop 68 Per Capita grant application requirements enabling the City to receive $241,821 towards the rehabilitation of East Hillsdale Park, and authorize the Mayor to sign the deed restriction on behalf of the City in substantially the form presented.
Enactment: Resolution No. 18 (2022)
9. Clean Water Program Construction Special Inspection Services – Agreements Approve professional services agreements with Signet Testing Laboratories, Inc. and Smith Emery San Francisco to provide as-needed construction special inspection services for various Clean Water Program projects in amounts not-to-exceed $1,500,000 each; and authorize the Public Works Director to execute each agreement in substantially the form presented, issue project-specific task orders, and exercise up to three, one-year extensions with not-to-exceed budgets of $250,000 per year for each of these agreements.
10. City Wide Custodial Services – Agreement Amendment
Approve Amendment No. 5 to the agreement with Imperial Maintenance Services, Inc. for custodial services to increase the annual commitment in the amount of $67,291 to cover modified scope of services; extend the term through June 30, 2023; authorize the Public Works Director to and make minor modifications to frequency of scope of work and execute the amendment in substantially the form presented.
11. Annual Sewer Basin Rehabilitation On-Call Design Services – Amendments Approve amendments to three different agreements for on-call professional design services with CSG Consultants, Harris & Associates, and Schaaf & Wheeler for various sewer pipe rehabilitation projects; extend the terms by two- years each; increase the compensation for the agreements with Harris & Associates and Schaaf & Wheeler by $400,000 each for a total amount of $1,400,000 for each agreement; and authorize the Public Works Director to execute the amendments in substantially the form presented and issue project-specific task orders under these agreements.
PUBLIC COMMENT
Public Comment - Guillermo Cockrum spoke in support of banning fossil fuels in San Mateo buildings; Vivienne Scott concerned with climate change and its impacts; Claire Shintani spoke of climate change concerns; Gary Trott strongly in favor of decarbonizing buildings in the 2022-23 goals; Robert Whitehair, Vida Hayashigatani, and James Higbie all commented on the climate crisis, decarbonizing existing buildings and eliminating methane gas by 2030. 7 of 150
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PUBLIC HEARING
12. Ordinance Introduction – Accessory Dwelling Unit Ordinance Amendments Zach Dahl, Community Development Deputy Director, provided a presentation on the ordinance’s previous consideration, community workshops, online survey, and the Planning Commissions input on the draft ADU ordinance. Dahl provided data on ADU submittals from 2017 to the present. Staff was seeking guidance on height, daylight plane, size limits, privacy concern with two-story ADUs and if an alternative discretionary review process is desired. Council asked questions of staff.
Public Comment – Eric Holm spoke in favor of use of the daylight plane. Bob Kiss, Sugarloaf HOA, provided comments and analysis submitted in writing: 16’ maximum plate line. Virginia McIsaac commented on 16’ foot maximum plate line and expressed concern that two stories with deck would cause neighborhood problems.
Martin Wiggins concerned about the 16’ limit. Linda Bogue stated do not use one size fits all zoning for ADU.
Michael Weinhauer wants to require ADUs be architecturally compatible with the neighborhood and stated concerns with eliminating the preservation of neighborhood in the general plan, noting more public comment is needed. Jordan Grimes recommended following footsteps of other nearby cities and create as much new housing as possible noting ADUs can provide affordable housing. Susan Rowinski had questions for staff on approval process of ADU and JADU. Jonathan New recommended that the City maximize flexibility and eliminate the appeals process. Laurie Watanuki stated her support for certain proposed elements.
Council asked additional questions of staff and highlighted key components of the process for ADU and JADU proposals. Deputy Director Dahl answered questions and summarized ordinance.
Council deliberation ensued with discussion on all aspects of the allowed discretion for the code for ADUs.
Goethals moved, Lee seconded, to introduce the ordinance as drafted with modifications for detached ADUs.
Goethals withdrew the motion upon further discussion. Council directed staff to come back with the proposed changes to the ordinance for introduction to include provisions for height 24-32’ attached; 16-24’ for detached; but for detached when an additional off-street parking is provided then additional height would be allowed at 24- 32’ for detached with additional setbacks. Council desires to see the language in the ordinance before introducing it.
Motion to bring back the ordinance for introduction with directed modifications at Council’s March 7, 2022 meeting. Motion passed 5-0.
Moved: Goethals, Seconded: Lee
Ayes: Bonilla, Papan, Lee, Goethals and Rodriguez
Noes: None
OLD BUSINESS
13. North Central Bike Lanes Project – Update
Sue-Ellen Atkinson, Principal Transportation Planner, provided a presentation on the proposed bike lane project including project objectives, community engagement, and parking data collection and analysis. Council asked questions of staff.
Public Comment:
In favor: Kevin Simpson, Michael Weinhauer, Anne Paulson, Karina Senguupta, Davis Turner, Maggie Trinh, Laurie Watanuki, Jonathan New, Eric Wohlford, Sandhya Laddha, Jessica Manzi, Bry Myers, Martin Wiggins, David Hunt, Mike Swire, Seema Patel, Raayan Mohtashemi, Carol Steinfeld, and Heather Wolnick In opposition: Claire Stephens, Trina, Leia, and Gloria Brown 8 of 150
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With concerns before implementing: Irene Vega, Steve Carlson, and Haydet G.
Council asked additional questions and discussion ensued. All of Council acknowledged that this is a very tough issue and each Council Member provided their individual feedback.
Council Member Lee outlined concerns with the process, the data analysis, and implementation sequencing. She noted the pre-existing conditions in the neighborhood that requires more analysis. She recommended more study with outreach and more community input on design. She recommended a need to reshape how streets are designed, concerns with drive-way apron usage, the need for parking solutions for work trucks that are more secure, revamping the residential parking permit program, and she does not support stall markings, calming traffic is needed, red tips and red stripes and more enforcement. She again recommended a neighborhood level circulation study.
Council Member Rodriguez stated he will be voting for this project along with mitigating measures noting safety is the priority. He reiterated the council’s support for the bicycle master plan.
Mayor Bonilla noted the increasing damage from emissions from cars, buses and trains and the need to move to alternative modes of transportation and he is in support of the mitigation measures listed.
Council Member Goethals stated that although he is very concerned about losing parking spaces, he is also very committed to multi-modal transportation, safe routes to schools, and dedicated bike lanes are an essential component. He expressed his concern for the neighborhood and understanding of their concerns; noting that bicycle safety is important also.
Deputy Mayor Papan clarified Lee’s proposal to do a circulation study and put in the parking supply programs in place before moving forward with the project. Papan acknowledged that Lee’s concerns are the same as her concerns. She noted she is very uncomfortable with the neighborhood not feeling heard.
Public Works Director Azalea Mitch and City Manager Drew Corbett responded to questions raised and ideas presented. More Council deliberations continued.
Motion to proceed with the North Central Bike Lanes Project which includes Humboldt Street, Poplar Avenue, and Delaware Street bicycle lanes and the Indian Avenue bicycle boulevard and direct staff regarding implementation of the bike lanes and affiliated potential support programs. Motion passed 3-2.
Moved: Bonilla, Seconded: Rodriguez
Ayes: Bonilla, Goethals, and Rodriguez
Noes: Papan and Lee
NEW BUSINESS
14. Department Heads and Deputy Directors – Compensation Plan Amendment City Clerk Patrice Olds read the following statement into the record. “As required by California Government Code Section 54953(c)(3), the following is a summary of the recommended final action on changes to the salaries, salary schedules, and fringe benefit compensation for the City’s Department Heads and Deputy Directors effective March 6, 2022. The salary ranges for Department Head and Deputy Director classifications shall be increased by four percent. “ Public Comment - There were no speakers.
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Motion to Adopt a Resolution to amend the Consolidated City Manager, City Attorney, Department Head and Deputy Director Compensation Plan to include salary increases for Department Heads and Deputy Directors.
Motion passed 5-0.
Moved: Rodriguez, Seconded: Goethals
Ayes: Bonilla, Papan, Lee, Goethals, and Rodriguez
Noes: None
Enactment: Resolution No. 19 (2022)
REPORTS AND ANNOUNCEMENTS
There were no comments or announcements.
ADJOURNMENT –The meeting adjourned at 12:44 a.m.
APPROVED BY: SUBMITTED BY:
Rick Bonilla, Mayor Patrice M. Olds, City Clerk 10 of 150
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR File ID: 21-5410-08 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: March 7, 2022
SUBJECT:
Remote Teleconferenced City Council and Commission Meetings – Reauthorization RECOMMENDATION:
Adopt a Resolution to reauthorize remote teleconferenced City Council and Board and Commission meetings for 30 days, through April 6, 2022, as allowed by Assembly Bill 361 amending the Brown Act, based upon the Governor’s emergency proclamation and findings that meeting in person would present imminent risks to the health or safety of attendees.
BACKGROUND:
At its October 18, 2021, City Council meeting, the Council adopted Resolution No. 100 (2021) authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The resolution became effective October 18, 2021 through November 17, 2021, or until the City Council adopts a subsequent resolution. AB 361 requires confirming the emergency circumstances 30 days after the first teleconference meeting and every 30 days thereafter. At the October 18 meeting, the Council accepted staff’s recommendation to pass a resolution at every meeting to ensure there is no gap in the effectiveness of authorizing resolutions. The action being requested at this March 7th meeting is to adopt a resolution reauthorizing remote teleconferenced Council and Commission meetings per the requirements of Assembly Bill 361.
It was noted in the original resolution that current health orders require masking in all indoor facilities due to health and safety concerns. While San Mateo County Health Order No. c19-12 (which required masking in workplaces and public settings) was rescinded on February 16, 2022, the Delta and Omicron variants are highly transmissible in indoor settings and requires multi-component prevention strategies to reduce their spread. Thus, as of February 16, 2022, the California Department of Public Health still requires masking for unvaccinated people (and recommends the practice for all) in indoor public settings as well as in state and local government offices that serve the public. Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus. This health advice is still in place.
BUDGET IMPACT:
There is no budget impact for taking this action as all software and hardware needs to meet remotely have already been purchased and are in use.
ENVIRONMENTAL DETERMINATION:
Adoption of this resolution authorizing remote teleconferenced meetings of the City Council and City Boards and Commission is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) 11 of 150
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NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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RESOLUTION NO. ___ (2022)
REAUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF SAN MATEO EFFECTIVE MARCH 7, 2022 UNTIL THE EARLIER OF APRIL 6, 2022 OR SUCH TIME THE CITY COUNCIL ADOPTS A
SUBSEQUENT RESOLUTION, PURSUANT TO THE BROWN ACT
WHEREAS, the City of San Mateo is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and
WHEREAS, all meetings of City of San Mateo’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, the Governor has proclaimed that a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and
WHEREAS, the Delta and Omicron variants are highly transmissible in indoor spaces, and the California Department of Public Health recommends wearing masks in indoor spaces that do not offer fresh air from the outdoors; and
WHEREAS, in accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and WHEREAS, as a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City of San Mateo shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative 13 of 150
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Reauthorizing Remote Teleconference Meetings
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bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City of San Mateo has taken measures to conduct public meetings via virtual tools that allow for members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference; and WHEREAS, on October 18, 2021, the City Council adopted a resolution authorizing remote teleconference meetings of San Mateo legislative bodies, effective until the earlier of November 17, 2021 or when the City Council adopts a subsequent resolution; and
WHEREAS, the City Council has since adopted multiple resolutions authorizing remote teleconferencing, and this resolution represents a reauthorization of such remote teleconference meetings, pursuant to the Brown Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
2. AB 361 Findings.
a. On March 4, 2020, the Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect.
b. Meeting in person would present imminent risk to the health or safety of attendees, because:
(1) The Delta and Omicron variants of the coronavirus are highly transmissible in indoor settings. (2) The California Department of Public Health Recommends wearing masks in indoor spaces that do not offer fresh air from the outdoors.
3. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of San Mateo are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting remote teleconferenced meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
4. Effective Date and Term. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) April 6, 2022, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of San Mateo may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR File ID: 22-5794 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 07, 2022
SUBJECT:
Generator Purchase – Contract
RECOMMENDATION:
Adopt a Resolution to approve an alternative purchasing method to award a contract to Multiquip for the purchase of two (2) MQPower Whisperwatt Emergency Generators in the amount of $154,617.49 and authorize the Public Works Director to execute the contract in substantially the form presented.
BACKGROUND:
Generators are necessary to provide service to the community during emergencies. The generator standard for the City is the trailered Multiquip MQPowered Whisperwatt given its mobility and ease of maintenance. Currently, the City has three (3) 125 KVA and one (1) 400 KVA Multiquip brand generators to provide power to 24 sanitary lift stations, 9 storm stations and the corporation yard. It is in the City’s best interest to standardize all generators to maintain consistency for operational and ongoing maintenance purposes. The current number of generators is insufficient to keep up with power demand in the event of a city-wide power outage. The City’s intent is to purchase two (2) new generators to add to its existing fleet.
For specialized equipment, such as generators, there are limited procurement sources available to government agencies and typically are limited to either Sourcewell (formerly the National Joint Powers Alliance) or State of California General Services Division (GSD). Both Sourcewell and GSD conduct competitive bidding processes to select vendors and establish pricing on vehicles and other equipment. The City may rely on competitive bids obtained by Sourcewell and GSD in lieu of obtaining its own independent bids. For this purchase, the City is relying on pricing obtained by Sourcewell since GSD does not maintain a contract for purchasing Multiquip generators.
San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. The purchase of two Multiquip MQPower Whisperwatt Emergency Generators is in the best interest of the City because these generators are the standard used by the City and have shown reliable performance to meet the City’s needs. In addition, the City may rely on bids obtained by Sourcewell because it is a government organization that has solicited, received, and reviewed competitive bids for the desired generators through its cooperative purchasing program. Accordingly, staff recommends the purchase of these generators from Multiquip, Inc.
BUDGET IMPACT:
Sufficient funding is available in the Sewer Fund’s operating budget.
ENVIRONMENTAL DETERMINATION:
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This purchase is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Purchase Contract
STAFF CONTACT
Eric Bell, Facilities and Fleet Services Manager
[email protected]
650-522-7328
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF TWO MULTIQUIP MQPOWERED
WHISPERWATT TRAILERED GENERATORS
WHEREAS, the use of generators is necessary to provide services to the community during emergencies; WHEREAS, City staff determined the City’s current supply of generators is insufficient to keep up with power demands in the event of a city-wide power outage; WHEREAS, City staff determined that the purchase of two (2) Multiquip MQPowered Whisperwatt trailered generators in the amount of $154,617.49 best meet the City’s needs in the event of an emergency because these generators meet the specifications and capabilities required by the City, are mobile, and allow the City to maintain consistency for operational and ongoing maintenance purposes; WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the Council makes a finding concurrent with the award for the contract that the procedures are in the best interest of the City for the particular contract; WHEREAS, Sourcewell offers services to make the government procurement process more efficient through cooperative purchasing;
WHEREAS, use of Sourcewell-NJPA contract #041719-MTQ offers competitive pricing for the Multiquip MQPowered Whisperwatt trailered generators from Multiquip, Inc.; and WHEREAS, in accordance with San Mateo Municipal Code section 3.60.050(b), calling for competitive bids would be unavailing because the City has already obtained a competitive price using Sourcewell.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS that:
1. The purchase of two Multiquip MQPowered Whisperwatt trailered generators is not a project subject to CEQA because it is an organizational or administrative activity that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines section 15378(b)(5).)
2. Pursuant to San Mateo Municipal Code Section 3.60.070(h)(3), it is found that the award of the contract to purchase two Multiquip MQPowered Whisperwatt trailered generators utilizing a competitive bid obtained from Sourcewell is in the City’s best interests because:
a. Sourcewell offers a cooperative purchasing program with competitively priced bids; b. The City currently uses Multiquip brand due to its reliability, mobility and ease of maintenance;
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c. Multiquip, Inc. brand generators are better suited for the City’s needs to maintain consistency of operations and operational knowledge; and d. The City has obtained a competitive price for the two (2) Multiquip MQPowered Whisperwatt trailered generators with Sourcewell-NJPA Contract #041719-MTQ pricing from Multiquip, Inc.
3. The purchase of two (2) Multiquip MQPowered Whisperwatt trailered generators in the amount of $154,617.49 is approved.
4. The Public Works Director is authorized to execute the purchase contract on behalf of the City. 18 of 150
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PURCHASE CONTRACT FOR TWO (2) NEW MULTIQUIP MQPOWERED WHISPERWATT TRAILERED
GENERATORS
This Purchase Contract (“Contract”), made and entered into this day of ___________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and MULTIQUIP, Inc. (“VENDOR”).
RECITALS:
A. CITY desires to purchase certain Multiquip MQPowered Whisperwatt trailered generators hereinafter described.
B. CITY desires to engage VENDOR to provide this Mulitquip generators by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.
NOW, THEREFORE, IT IS AGREED as follows:
SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.
SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $154,617.49, shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax.
Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.
SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.
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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.
Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.
SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.
All shipments shall be F.O. B. 1961 Pacific Boulevard, San Mateo, CA 94403. Transportation charges shall be shown as a separate item on the invoice.
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.
SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.
SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.
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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.
SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.
SECTION 10 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.
SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.
SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.
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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.
SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.
SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.
SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.
SECTION 17 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.
SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:
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To CITY: Eric Bell
City of San Mateo
330 West 20th Ave.
San Mateo, CA, 94403
To VENDOR: Multiquip, Inc.
Attn: Larry Sibrel
6141 Katella Ave, Suite 200
Cypress, CA, 90630
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.
This document may be amended only by written instrument, signed by both CITY and VENDOR.
IN WITNESS WHEREOF, CITY OF SAN MATEO and MULTIQUIP, INC. have executed this Agreement the day and year first above written.
CITY OF SAN MATEO VENDOR
Azalea Mitch
Public Works Director
Rich Sibrel
Its Authorized Agent
VP of Customer Service
APPROVED AS TO FORM ADDITIONAL CORPORATE
OFFICER
(if necessary per the above)
Linh P. Nguyen
Assistant City Attorney
Larry Savitz
Director of Government Sales
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EXHIBIT A
Vendor Quotation
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR File ID: 22-5801 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: March 07, 2022
SUBJECT:
Objective Design Standards for Multi-Family Dwellings – Amendment RECOMMENDATION:
Approve Amendment No. 1 to the agreement with MIG, Inc. for the preparation of Objective Design & Development Standards for Multi-Family Dwellings for an increase of $132,680 (new agreement total of $193,332) and authorize the City Manager to execute the amendment.
BACKGROUND:
On April 7, 2021, the City engaged MIG, Inc., an urban planning and architectural design firm, as consultants to assist with the preparation of Objective Design and Development Standards for Multi-Family Dwellings (project). The purpose of the project is to establish clear, objective criteria when evaluating housing projects proposed in the City, as required by State legislation, including Senate Bill (SB) 35. The project is funded by the SB 2 Planning Grant, which was established by the State to support local jurisdictional efforts to streamline the approval of housing development and accelerate housing production. The objective standards, once established, would apply to housing projects of two units or larger, as well as mixed-use projects that include a residential component.
The original contract amount with MIG was $60,652. With this amendment, the updated amount would be increased to $193,332. Initial work completed on the project by MIG included a memorandum that analyzed the City’s existing design guidelines and provided recommendations, and a preliminary draft of the Objective Design Standards (ODS). The City also held a community workshop on June 1, 2021, and a Planning Commission Study Session on August 24, 2021, to gather community and Commission input to guide the preparation of the draft ODS.
Following the workshop and study session, City staff determined that it would be more cost and time efficient to expand the scope of the project to be more comprehensive and address all City guidelines and regulations within various specific planning areas that were previously excluded from the analysis. The original scope had been focused on housing projects subject to SB 35 and SB 330, and included a review of three existing design documents. However, in response to recent State housing laws, as well as local efforts to increase transparency and streamline the development review process, staff is proposing to apply ODS to all housing projects. As a result, the amendment would expand the scope to review seven additional existing design guidelines or specific plans where housing developments occur more frequently.
In addition, the amendments would allow for greater community engagement by including four additional community workshops and/or Planning Commission/City Council study sessions. To support this larger scope of work and additional community engagement, the project consultant has revised their costs and estimates that an additional $132,680 will be needed to complete the work. A more detailed breakdown of the scope of work and cost estimate is included as Attachment 1. These additional consultant costs, as well as some of the staff time to support this effort, would be covered by the SB 2 Planning Grant.
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CITY OF SAN MATEO
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BUDGET IMPACT:
The proposed amendment of $132,680 will not have an impact to the City’s General Fund. The City received SB 2 Planning Grants Program Funds from the State Department of Housing and Community Development (HCD) in the amount of $310,000 to help address the State’s housing shortage and high housing costs and help accelerate housing production. The grant funds will be used to cover the consultant costs, a total cost of $193,332. Staff time associated with the completion of this project that is not funded by the SB 2 Grant will be covered by the Community Development Department’s annual operating budget.
ENVIRONMENTAL DETERMINATION:
This action is not a project subject to CEQA, because it is an organizational or administrative government activity which will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5)).
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Amendment
STAFF CONTACT
Wendy Lao, AICP, Associate Planner
[email protected]
(650) 522-7219
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AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND
MIG, INC. FOR
THE PREPARATION OF OBJECTIVE DESIGN & DEVELOPMENT STANDARDS
FOR MULTI-FAMILY DWELLINGS
($60,652 [Original Amount], $132,680 [additional amount])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and MIG, Inc. (“CONSULTANT”), entered into an Agreement professional consulting services for the preparation of Objective Design and Development Standards for Multi-Family Dwellings (“Agreement”) on April 7, 2021; and
WHEREAS, City and CONSULTANT wish to amend the Agreement effective March 8, 2022 to increase the scope of services of this Agreement to include preparing objective design and development standards for various planning areas throughout the City of San Mateo, increase number of public workshops/study sessions, and extend the term of the contract through December 1, 2022.
NOW, THEREFORE, the parties agree as follows:
1. Section 4 of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on April 1, 2021 and completed on or about December 31, 2022.
2. Section 5 of the Agreement is amended to read:
“In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $193,332 pursuant to rates stated in Exhibit A2 to this Agreement, attached and incorporated by reference.”
3. Exhibit A – SCOPE OF SERVICES is amended to replace Exhibit A to the original contract with Exhibit A to this contract amendment. Exhibit A to the contract amendment is attached and incorporated by reference.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and MIG, Inc. have executed this Agreement on ______________________, 2022.
CITY OF SAN MATEO
CONTRACTOR
Drew Corbett
City Manager
Date MIG, Inc.
Its Authorized Agent
Daniel Iacofano
President/Chief Executive Officer
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer (i.e.,
Secretary, Treasurer) who shall sign
below.
Date
APPROVED AS TO FORM
ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Gabrielle Whelan
Assistant City Attorney
Date Carolyn Verheyen
Vice President &
Chief Operating Officer
Date
_____________________________________
Chris Beynor
Chief Development Officer &
Treasurer
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Exhibit A
1 Scope of Services and Schedule
This revised scope and budget address a refocused work effort for the City of San Mateo citywide Objective Design Standards (ODS) for multi-family and mixed-use developments. The applicable ODS laws and their interpretation have evolved since MIG initiated work in March, 2020, and the revised work program needs to respond to current conditions. Also, the City wishes to expand the commuity engagement tasks to allow for up four additional community workshops and/or Planning Commission/City Council study sessions.
As described in the original contract, through this effort the City looks to implement State law that requires by-right approvals for multi-family and certain mixed-use development for applications that conform with adopted objective design standards. San Mateo’s many specific plans and other planning documents must also in some manner address ODS requirements. The matrix below identifies the degree to which each plan will inform prior work MIG has completed to produce the administrative draft ODS in June 2020.
Incorporating Existing Documents into the ODS
Planning Document Focus Bearing on ODS Action
Multi-Family Design
Guidelines
All MFR projects Foundation for the ODS Have already been incorporated into draft ODS
document
Small-Lot Multi-Family
Design Guidelines
Lots smaller than 10,000 sf Should be included for small lots
Incorporate into ODS as
applicable to small lots.
Duplex Design Guidelines Has very few standards for
duplexes
Only for duplexes Incorporate into ODS.
Downtown Retail Core &
Downtown Historic District
Design Guidelines
Affects all residential and
mixed use in Downtown
Significant. Will not apply to
historic properties.
Provide as additive to ODS.
Would apply to focused
area. Will need to cross
reference other documents
for public realm
improvements.
Vision of the Gateway 3rd and 4th Avenue gateways Relevance for very focused area of town
Provide as additive to the
ODS.
Mid and South ECR Building
Height Design Criteria
Applies only to portions of
ECR
Relevance for very focused
area of town
Provide as additive to the
ODS.
Rail Corridor TOD Both private and public
realm guideines
"Community Character and
Design Guidelines" section
may require closer analysis
to convert into ODS.
Provide as additive to the
ODS. Will need to cross
reference other documents
for public realm
improvements.
Hillsdale Station SP Mostly addresses public
realm improvements and
uses are largely commercial
Limited relevance General ODS will apply. Will
need to cross reference
other documents for public
realm improvements.
ECR Master Plan Very detailed block-by-block
treatment
Will require focused
attention to the detail
Will need stand-alone
treatment in addition to
citywide ODS
Mariner’s Island SP Applies to defined area. SP
area may already be built
out
Minimal since area built out Provide as additive to the ODS.
Detroit Drive SP Commercial strip of land None No need to taken any action Bay Meadows SP & Design
Guidelines
SP applies to large master-
planned development area
Not included in work scope.
Downtown Area Plan Document has no design
guidelines
None No need to take any action
Shoreline Park SP Applies to a park None No need to take any action 30 of 150
Exhibit A
2 Planning Document Focus Bearing on ODS Action
Public Works Documents
Bicycle Master Plan Cross reference in ODS.
Pedestrian Master Plan Cross reference in ODS.
Sustainable Streets Plan Cross reference in ODS.
North-Central San Mateo
Community-based MP
Nothing in the plan applies
to private development,
None No need to take any action.
Green Infrastructure Plan City's adopted GI Design
Guide refers to the County
website.
Cross reference in ODS.
MIG will provide the following scope of services. Please note that each task identified may not occur in the order presented in this scope, as tasks may occur simultaneously.
The schedule for each task are indicated. The schedule assumes timely City staff review of draft materials and the MIG/City team’s ability to schedule and conduct public workshops and study sessions at times that will move the project forward.
Task 1: Project Management and Coordination
1.1: Project Coordination Meetings (allowance)
This task involves meetings and phone calls between MIG and City staff to discuss strategic direction, draft work products, and upcoming workshops and hearings . The budget provides an allowance for coordination meetings and calls.
1.2: Project Management
This subtask provides for contract administration, invoicing, scheduling, coordination with the project team, and quality control/assurance.
Task 1 Meetings and Deliverables
Project coordination meetings and calls (budgeted allowance) Monthly status reports (with invoices)
Schedule
Bi-weekly phone calls throughout the project; meetings as needed Task 2: Review Memoranda – Specific Plans and Master Plans
2.1. All Plans Except Bay Meadows. The purpose of this task is to thoroughly review design -related standards and guidelines contained in the City documents identified in the matrix above and to: 1) identify which might be incorporated into the ODS as standards specific to a geographic area covered by a specific plan, master plan, or other planning document; 2) identify standards that should be included in the citywide ODS; and 3) determine which documents will be sufficiently covered by the citywide ODS, with no need to create targeted sta ndards. This task is critical to establishing the foundation for the tailored ODS to be applied to specific geographic areas. MIG will prepare a brief memo for each document that provides suggested direction. We will format the memos in a manner that wi ll allow City confirm the 31 of 150
Exhibit A
3 suggested direction or direct otherwise. Following staff’s review of the memos, we will schedule a call to review staff’s comments and direction.
Regarding the Bay Meadows Specific Plan, because the planning documents addresses a master planning process under the control of a few property owners, the City has elected to have this remain a stand-alone document; thus, revisions to the document are not included in this work scope.
Task 2 Meetings and Deliverables
Memoranda – Specific Plans and Master Plans
Meeting to review memoranda
Schedule
Memoranda for City staff review – mid-December 2021
City staff comments and direction; phone call – early January 2022 Task 3: Draft Citywide Objective Design Standards and Tailored Objective Design Standards
3.1. Citywide ODS. MIG has previously prepared and delivered to the City a complete administrative draft ODS document, absent graphics. For this task, we will expand upon that draft to reflect discussions we have had with City staff, the input received from the public and Planning Commission at workshops and study session in June and August, 2021, and the memoranda. Before we begin, we will prepare an updated and detailed outline for City staff review and approval. The outline will indicate where standards may be adjusted to provide a menu of choices.
Based on the outline approved by City staff, MIG will prepare a complete administrative draft of the Citywide Objective Design Standards, including graphics. We anticipate two rounds of review with City staff to refine the administrative draft.
For each draft, City staff will prepare a single, consolidated set of staff’s comments using Word’s track - changes function. We will meet or have a teleconference with staff (see task 1) to discuss each round of comments and revisions.
3.2. Tailored ODS. This task involves creating additive, more detailed ODS for the specific plan and master plan areas, reflecting direction provided via the memoranda and including graphics. Because the level of effort cannot be fully anticipated at this time and will depend upon staff direction, the budget provides an allowance for this task.
As with task 3.1, we plan for two rounds of City staff review, with all of staff’s comments consolidated into a single comment document.
Task 3 Deliverables
Detailed outline of citywide Objective Design Standards One electronic copy (Word and pdf) of the a dministrative draft citywide Objective Design Standards for review by City staff (two rounds of review)
One electronic copy (Word and pdf) of the a dministrative draft tailored Objective Design Standards for each specific plan/master plan for review by City staff (two rounds of review) Draft Objective Design Standards for workshops and public review 32 of 150
Exhibit A
4 Schedule
Detailed outline – January 2022
Administrative draft #1 citywide ODS – March 2022
Administrative draft #2 citywide ODS – April 2022
Administrative draft #1 tailored ODS – April 2022
Administrative draft #2 tailored ODS – May 2022
Draft Objective Design Standards (all) for workshops and public review – June 2022 Task 4: Workshops and Study Sessions
Per the City’s request, the budget includes up to four public workshops and/or study sessions with the Planning Commission and City Council. Because we believe good direction has already been provided via the first workshop and the Planning Commission stu dy session, these additional engagement tasks will focus on receiving reaction to draft materials. As part of the scope refinement process and as the project proceeds, we will work with you to identify the timing and focus of each activity. At this time, we recommend the following. The City will elect how many workshops/study sessions will be conducted.
• One workshop to reintroduce the project to the public and encourage them to review draft materials as they are produced
• One workshop to present the draft ODS to the public
• One study session with the Planning Commission to review the draft ODS prior to formal public hearings
• One study session with the City Council
If constraints on public gatherings continue to be imposed by COVID -19, we will conduct the events via Zoom or a similar platform. MIG has extensive experience conducting effective digital workshops and has found that participation has actually increased with these media.
Up to three MIG staff will attend each session, with one MIG staff member acting as the lead facilitator.
Other MIG staff will manage graphic recording and digital meeting logistics, and a third staff member will provide content expertise. City staff will be responsible for identifying participants, preparing and emailing invitations, and distributing draft materials. MIG will prepare presentations for the workshops/study sessions and lead the sessions.
Task 4 Deliverables
Workshop and study session presentations
Workshop and study session summary notes
Schedule
To be determined in consultation with City staff
Task 5: Public Hearings and Final Ordinance
5.1. Hearings. As an amendment to Title 27, the Objective Design Standards will require hearings before the Planning Commission and City Council. Up to t wo MIG staff will attend each of the Planning Commission and City Council 1st Reading public hearing.
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Exhibit A
5 MIG staff can prepare presentation materials to present the draft ordinance, if requested by City staff.
We have provided an allowance for this effort. City staff will be responsible for preparing agenda reports.
During the Planning Commission hearing, the Commission may direct changes to the draft standards. We recommend that rather than incorporate those revisions into the public hearing draft, that City staff present those revisions as part of the City Council staff report. Alternatively, MIG can prepare red -line changes of the affected sections for presentation to the Council.
Our scope does not include preparation of any CEQA document. The City Attorney may determine that as a ordinance amending Title 27, the project is exempt from CEQA. If the City Attor ney determines CEQA review is required, we can provide you with a separate scope and budget for that task.
5.2. Final Ordinance. Following Council direction on the Objective Design Standards, MIG will incorporate those revisions into the ordinance for su bequent final Council reading. We have provided an allowance for this task since the scope of work cannot be known.
Task 5 Deliverables
Hearing presentation materials
Final Objective Design Standards ordinance
Schedule
TBD – Anticipate July/August 2022
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Exhibit A
6 Budget
The table below identifies the estimated costs associated with each work scope task. All work and direct costs (travel, lodging, etc.) will be billed on a time-and-materials basis. Allocated dollar amounts may be shifted among tasks to reflect the effort required with prior authorization from the City.
Task Estimated Cost
1.0 Project Management and Coordination
1.1 Project Coordination Meetings
1.2 Project Management
$10,000
$ 7,800
2.0 Review Memoranda
2.1 All Except Bay Meadows
$20,000
3.0 Draft Objective Design Standards
3.1 Citywide ODS
3.2 Tailored ODS
$45,000
$40,000
4.0 Workshops and Study Sessions (up to 4) $40,000
5.0 Public Hearings and Final Ordinance
5.1 Hearings (2)
5.2 Final Ordinance (estimate)
$5,000
$2,500
Direct Costs (estimate) $3,000
Total $173,300
The work scope set forth above supplants the original work scope, and the overall project budget has been adjusted as outlined in the table below to account for work completed and invoiced in the original contract, together with the removal of duplicative tasks not yet completed at the time of authorization of this amended work scope.
Description Dollars Amended Contract Summary
2021 Contract $60,652
2022 Request $173,300
Total $233,952
Tasks removed from 2021 Contract as duplicative of amendment Task 3: Draft ODS $15,000
Task 5.2: Public Hearing Draft Standards $4,850
Task 6.1-6.3: Hearings $7,510
Task 6.4: Final Ordinance $3,260
Task 7.1: Public Meeting $10,000
Total tasks removed from 2021 Contract $40,620
Summary
2021 Contract $60,652 $60,652
Total of tasks removed $40,620
2022 Request $173,300 $132,680
Total Amended Contract $193,332 $193,332
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Exhibit A
7 Staffing and Billing Rates
The table below identifies billing rates. Direct costs will be billed at cost plus a 10% administrative charge.
Staff Hourly Rate
Principal $225-$295
Project Manager $195
Associate/Senior Associate $120 - $180
Admin. Support $95 - $120
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Exhibit A
8 Schedule
2021
2022
Task Task Name NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
1.0 Project Management and Coordination
1.1 Project Coordination Meetings
1.2 Project Management
2.0 Review Memoranda
2.1 All Except Bay Meadows
3.0 Draft Objective Design Standards
3.1 Citywide ODS
3.2 Tailored ODS
4.0 Workshop and Study Session (up to 4) TBD TBD TBD TBD
5.0 Public Hearing and Final Ordinance
5.1 Hearing (2)
5.2 Final Ordinance (estimate)
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR File ID: 22-5806 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: March 07, 2022
SUBJECT:
San Mateo County Vehicle Theft Task Force – Memorandum of Understanding RECOMMENDATION:
Approve the Memorandum of Understanding between the City of San Mateo and the San Mateo County Vehicle Theft Task Force and authorize the Chief of Police to execute the agreement in substantially the form presented.
BACKGROUND:
The San Mateo County Vehicle Theft Task Force (VTTF) is a unit composed of officers from local law enforcement agencies, the California Highway Patrol and the San Mateo County Sheriff’s Office. The VTTF operates under the authority of the San Mateo County Police Chiefs and Sheriffs Association through a Joint Powers Agreement (JPA) to which the County and all incorporated cities are parties.
Vehicle theft is a considerable problem in San Mateo and throughout the County. The VTTF and the City wish to assign a San Mateo Police Officer to the VTTF so that both parties may better assist one another in the detection, apprehension, and prosecution of vehicle theft related criminal activity, and improve engagement in a coordinated and concentrated effort to combat vehicle theft in San Mateo County and in the City of San Mateo.
It is the City’s policy that inter-governmental agency agreements be approved by the City Council. The proposed Memorandum of Understanding (Attachment 1) formalizes the assignment, defines the relationship between parties, and outlines cost sharing and reimbursement parameters. The agreement is for a two year term.
BUDGET IMPACT:
The assignment of one officer to the VTTF for this purpose has been planned for and reflected in the proposed fiscal year 2022-24 Business Plan. The VTTF will reimburse the City for 75% of the cost of the salary and benefits for the officer assigned, and 100% of any overtime paid as a result of overtime worked for the benefit of the VTTF.
ENVIRONMENTAL DETERMINATION:
This action is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Memorandum of Understanding
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CITY OF SAN MATEO
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STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623
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AGREEMENT BETWEEN THE SAN MATEO COUNTY VEHICLE THEFT TASK
FORCE AND THE CITY OF SAN MATEO
THIS AGREEMENT, entered into this ____ day of March, 2022, by and between the COUNTY OF SAN MATEO VEHICLE THEFT TASK FORCE, hereinafter called “VTTF,” and CITY OF SAN MATEO, hereinafter called “Contractor”, and collectively hereinafter called “Parties”;
W I T N E S S E T H:
WHEREAS, The VTTF is a unit composed of officers from the California Highway Patrol and the Sheriff’s Office located in San Mateo County. The VTTF operates under the authority of the San Mateo County Police Chiefs and Sheriff Association through a Joint Powers Agreement (JPA) to which the County and all the incorporated cities are parties;
WHEREAS, The Police Chief of San Mateo is a member of the San Mateo County Police Chiefs and Sheriff Association;
WHEREAS, The Parties understand that this agreement is distinct from and independent of the terms of the JPA establishing the VTTF and its amendments and that, by this agreement, the JPA is in no way modified or amended;
WHEREAS, The Board of Directors appoints a Commander for the San Mateo County Narcotics Task Force and Vehicle Theft Task Force. The Commander holds the rank of Lieutenant or higher in a participating agency in order to be eligible for appointment.
WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of combating vehicle theft related crime in San Mateo County.
WHEREAS, it is necessary and desirable that Contractor assign a peace officer (the “Officer”) to the VTTF so that Contractor and the VTTF can better assist one another in the detection, apprehension, and prosecution of vehicle theft related criminal activity, and improve engagement in a coordinated and concentrated effort to combat vehicle theft in San Mateo County and the City of San Mateo;
WHEREAS, the Parties believe it fair to reimburse Contractor for a part of the cost of the Officer assigned to the VTTF in a manner reflects the contribution of the Officer to the VTTF’s County-wide efforts while the Officer remains an employee solely of Contractor.
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NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Attachment I—§ 504 Compliance
2. Services to be performed by Contractor
In consideration of the payments set forth below, Contractor shall assign a San Mateo Police Officer to the VTTF.
3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth herein and in Exhibit A, VTTF shall reimburse Contractor in an amount constituting 75% of the cost of salary and benefits paid to the Officer by Contractor and100% of overtime paid as a result of overtime worked for the benefit of the VTTF but excluding any worker’s compensation payments, benefits, reimbursement or costs. The reimbursement will be made quarterly based on invoices generated by Contractor.
4. Term and Termination
Subject to compliance with all terms and conditions, the term of this Agreement shall be from March 1, 2022, through February 28, 2024.
This Agreement may be terminated by Contractor, the VTFF Commander, or his/her designee at any time without a requirement of good cause upon fifteen (15) days’ written notice to the other party.
In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of VTTF and shall be promptly delivered to VTTF. Upon termination, Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement.
Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.
5. Availability of Funds
VTTF may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or VTTF funds by providing written notice to Contractor as soon as is reasonably possible after VTTF learns of said unavailability of outside funding.
6. Relationship of Parties
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6.1 Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent Contractor and not as an employee of VTTF and that neither Contractor nor its employees acquire any of the rights, privileges, powers, or advantages of VTTF employees.
6.2 Officer assigned to VTTF shall take direction from the VTTF Commander and comply with the rules and regulations set forth in the Operations Manual adopted by the Board of Directors of the VTTF unless those rules and regulations conflict with the rules and regulations of the San Mateo Police Department, in which case the rules and regulations of the San Mateo Police Department shall take precedence.
Further, ultimate responsibility for supervision and training of any Police Officer assigned to the Vehicle Theft Task Force remains with Contractor. However, when any conflict is found to exist between VTTF policy and training and Contractor policy and training, the matter will be brought to the attention of the Commander by Contractor who will so advise the Board of Directors for action as they may determine.
6.3 The San Mateo Police Chief shall be immediately notified of all personnel complaints against any officer assigned to the task force. Personnel complaints will be investigated by the San Mateo Police Department pursuant to San Mateo Police Department policy.
6.4 If discovery or disclosure of peace officer personnel records, or records maintained pursuant to Penal Code Section 832.5 or information from such records is sought concerning the any officer assigned to the VTTF, the San Mateo Police Department shall be responsible for responding to the discovery or disclosure request. The VTTF shall provide to the San Mateo Police Department any of its records necessary to respond to the discovery or disclosure request to the extent permitted by law.
6.5 The VTTF will furnish equipment to the Officer assigned to the VTTF that includes, but is not limited to, safety equipment, surveillance equipment, vehicles, and other items to the extent issued to other members assigned to the VTTF.
6.6 All money received through state asset forfeiture or federal equitable sharing will remain with the VTTF to supplement task force operating costs and upgrades.
6.7 The release of information regarding VTTF operations will normally be coordinated through the VTTF Commander. Additionally, in the event of an officer involved shooting or highly publicized VTTF activity, participating agencies will attempt if feasible to meet and confer in advance regarding what agency will release what type of information.
6.8 Any officer involved shootings or accidental discharges involving the Contract Officers assigned to the VTTF shall be investigated by Contractor in conjunction with SMCPCSA OIS Protocol.
6.9 Any on-duty vehicle collision involving the Officer assigned to the VTTF shall be investigated and reported by Contractor in collaboration with VTTF Commander.
7. Hold Harmless
7.1. Contractor shall defend, hold harmless and indemnify VTTF and the County of San Mateo, their officers, agents, and/or employees from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions DocuSign Envelope ID: 602CC310-7185-4C65-9C75-C0D022EAE55B 42 of 150
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of Contractor, its officers, agents and/or employees including, but not limited to claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out acts performed by the VTTF, its officers, agents and/or employees.
7.2. VTTF shall defend, hold harmless and indemnify Contractor, its officers, agents and/or employees from any and all claims for injuries to persons and/or damage to property, which both arise out of this Agreement and are caused by or are alleged to be caused by the acts or omissions of VTTF, its officers, agents and/or employees including, but not limited to claims alleging negligence, excessive force, or violations of state or federal civil rights laws, except to the extent such claims arise out acts performed by the Contractor, its officers, agents and/or employees.
7.3. In the event of the concurrent negligence of Contractor, its officers, agents and/or employees, and VTTF, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of this Agreement shall be apportioned under California’s theory of comparative fault as presently established or may be hereafter modified.
7.4 Contractor will be responsible for the defense of any of its employees assigned to the VTTF in any lawsuit filed against that employee, regardless of the allegations.
7.5 The parties understand and agree that because the Officer assigned will be deemed to be continuing under the employment of the Contractor, any damage, injury, disability, or death incurred by the Officer while working with the VTTF shall be deemed to have arisen out of and to have been sustained in the course of the Officer’s employment with Contractor. The Officer assigned to the VTTF who sustains any damage or injury arising out of and in the course of his work with the VTTF shall be accorded by Contractor all of the same benefits, including Workers Compensation Benefits, which he would have received if he had been acting under the immediate direction of Contractor. If the Officer, or anyone on his behalf, files a claim for Workers’ Compensation or claims and violation of any labor or employment laws against the VTTF, for any damage or injury claimed to have been sustained while working with the VTTF, Contractor shall indemnify, defend, and hold harmless the VTTF.
8. Assignability, Subcontracting and Assignment of Officer
8.1 Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by Contractor under this Agreement without the prior written consent of VTTF. Any such assignment or subcontract without VTTF’s prior written consent shall give VTTF the right to automatically and immediately terminate this Agreement.
8.2 Contractor shall assign a single Officer to the VTTF. Before re-assigning that officer and re-assigning a different Officer, Contractor shall meet and confer in good faith with the VTTF to discuss the re-assignment and receive input from the VTTF.
Re-assignment inconsistent with the wishes of the VTTF is grounds for immediate termination of this Agreement. However, the final decision regarding assignment of its personnel remains with Contractor.
9. Insurance
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Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by VTTF’s Risk Management and Contractor shall use diligence to obtain such insurance and to obtain such approval.
Contractor shall furnish VTTF with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Contractor’s coverage to include the contractual liability assumed by Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to VTTF of any pending change in the limits of liability or of any cancellation or modification of the policy.
These requirements may be satisfied by a certificate of self-insurance.
(1) Workers’ Compensation and Employer’s Liability Insurance. Contractor shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Contractor certifies, as required by Section 1861 of the California Labor Code, (a) that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of the Labor Code, and (b) that it will comply with such provisions before commencing the performance of work under this Agreement.
(2) Liability Insurance. Contractor shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Contractor and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Contractor’s operations under this Agreement, whether such operations be by Contractor, any subcontractor, anyone directly or indirectly employed by either of them, or by an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amount specified below.
Such insurance shall include:
(a) Comprehensive General Liability . . . . . . . . . . . . . . $1,000,000 (b) Motor Vehicle Liability Insurance . . . . . . . . . . . . . . $1,000,000
VTTF and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to VTTF and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the VTTF or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
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In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, VTTF, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work and payment pursuant to this Agreement.
10. Compliance With Laws
All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including but not limited to the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including but not limited to appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations.
In the event of a conflict between the terms of this Agreement and any applicable State, Federal, County, or municipal law or regulation, the requirements of the applicable law or regulation will take precedence over the requirements set forth in this Agreement.
Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.
11. Non-Discrimination and Other Requirements
A. General non-discrimination. No person shall be denied any services provided pursuant to this Agreement (except as limited by the scope of services) on the grounds of race, color, national origin, ancestry, age, disability (physical or mental), sex, sexual orientation, gender identity, marital or domestic partner status, religion, political beliefs or affiliation, familial or parental status (including pregnancy), medical condition (cancer-related), military service, or genetic information.
B. Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County upon request.
C. Section 504 of the Rehabilitation Act of 1973. Contractor shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement. This Section applies only to contractors who are providing services to members of the public under this Agreement.
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D. Discrimination Against Individuals with Disabilities. The Contractor shall comply fully with the nondiscrimination requirements of 41 C.F.R. 60-741.5(a), which is incorporated herein as if fully set forth.
12. Retention of Records, Right to Monitor and Audit
(a) Contractor shall maintain all required records for three (3) years after VTTF makes final payment and all other pending matters are closed, and Contractor shall be subject to the examination and/or audit of VTTF, a Federal grantor agency, and the State of California.
(b) Reporting and Record Keeping: Contractor shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State, and local agencies, and as required by VTTF.
(c) Contractor agrees upon reasonable notice to provide to VTTF, to any Federal or State department having monitoring or review authority, to VTTF’s authorized representatives, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
13. Merger Clause & Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated herein by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.
14. Controlling Law and Venue
The validity of this Agreement and of its terms or provisions, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.
15. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) DocuSign Envelope ID: 602CC310-7185-4C65-9C75-C0D022EAE55B 46 of 150
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transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.
In the case of VTTF, to:
Name/Title: Michael Leishman, Lieutenant
Address 400 County Center, RWC, CA 94063
Telephone: 650-573-3592
Facsimile: 650-594-9327
Email: [email protected]
In the case of Contractor, to:
Name/Title: Dave Peruzzaro, Captain
Address: 200 Franklin Parkway, San Mateo, CA 94403
Telephone: 650-522-7684
Facsimile: 650-522-7601
Email: [email protected]
The SMCVTTF agrees that the Commander will furnish to the San Mateo Police Department upon request any reports, summaries or other documents pertaining to the operation of the Task Force to the extent permitted by law.
17. Electronic Signature
If both VTTF and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo, both boxes below must be checked. Any party that agrees to allow digital signature of this Agreement may revoke such agreement at any time in relation to all future documents by providing notice pursuant to this Agreement.
For VTTF: ☐ If this box is checked by VTTF, VTTF consents to the use of electronic signatures in relation to this Agreement.
For Contractor: ☐ If this box is checked by Contractor, Contractor consents to the use of electronic signatures in relation to this Agreement.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.
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CITY OF SAN MATEO
BY_______________________
ED BARBERINI, CHIEF OF POLICE
SAN MATEO POLICE DEPARTMENT
SAN MATEO COUNTY VEHCILE THEFT TASK FORCE
BY________________________
MICHAEL LEISHMAN, LIEUTENANT
VEHICLE THEFT TASK FORCE
COUNTY OF SAN MATEO
(Revised 7/1/13)
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR File ID: 22-5834 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Human Resources Department
MEETING DATE: March 07, 2022
SUBJECT:
Classification Updates – Police Department
RECOMMENDATION:
Adopt a Resolution to approve the: 1) reallocation of the Community Engagement and Public Relations Coordinator position to a Communications and Public Relations Analyst; 2) reclassification of the incumbent to Communications and Public Relations Analyst; and 3) revisions to the job specifications for the classifications of Communications and Public Relations Analyst and Police Records and Communications Manager.
BACKGROUND:
Per San Mateo Municipal Code Section 2.57.030(d), classification updates become effective upon approval by the City Council.
At the request of the Police Chief, Bryce Consulting conducted a classification and compensation study of the Police Records and Communications Manager and Community Engagement and Public Relations Coordinator positions. The study showed that while the current job specification for the position of Police Records and Communications Manager captures much of the duties assigned, the position has a broader scope than what the classification represents. It is recommended that the classification title be changed to Police Technical Services Administrator and the job specification be revised to better represent the broad nature of the duties assigned.
The Community Engagement and Public Relations Coordinator classification is more of a support position while the Communications and Public Relations Analyst has a higher level of strategic involvement. The study showed that the level of work within the Police Department and the duties assigned to the position rise to the level of an analyst. It is recommended that the Community Engagement and Public Relations Coordinator position be reallocated to the classification of Communications and Public Relations Analyst and that the job specification be revised to define the position as providing oversight and management of the communication and public education outreach efforts, either on a City-wide basis or for a large complex department.
In line with the recommendations from Bryce Consulting, the Police Chief is requesting to reallocate the Community Engagement and Public Relations Coordinator position to Communications and Public Relations Analyst, reclassify the incumbent at Step 2 of the salary range of the Communications and Public Relations Analyst classification effective March 20, 2022, and update the job specifications for Communications and Public Relations Analyst and Police Records and Communications Manager.
BUDGET IMPACT:
The reallocation of the Community Engagement and Public Relations Coordinator to a Communications and Public Relations Analyst would result in an estimated $7,000 increase for the remainder of the fiscal year. However, no 50 of 150
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appropriation is needed, as these costs can be absorbed by the Police Department's operating budget. The associated salary and benefits for the new Communications and Public Relations Analyst will be incorporated into the proposed 2022- 24 Business Plan.
There is no budget impact associated with the revisions to the job specifications for the classifications of Communications and Public Relations Analyst and Police Records and Communications Manager, as the salary ranges are not changing as a result of the revisions.
ENVIRONMENTAL DETERMINATION:
These classification updates are not subject to CEQA, because it can be seen with certainty that they will not cause a physical change in the environment. (Public Resources Code Section 21065.)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A - Job Specifications
Exhibit B - Amended 2021-2022 Position Budget for the Police Department Att 2 – Job Specifications with tracked changes
STAFF CONTACT
Lourdes Coles, Senior Human Resources Analyst
[email protected]
(650) 522-7264
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CITY OF SAN MATEO
RESOLUTION NO. __ (2022)
CLASSIFICATION UPDATES IN THE POLICE DEPARTMENT
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council Resolution; and
WHEREAS, the proposed changes as detailed below are in response to the Police Department’s requests to 1) reallocate the Community Engagement and Public Relations Coordinator position to a Communications and Public Relations Analyst, 2) reclass the incumbent to Communications and Public Relations Analyst, and 3) revise the job specifications for the classifications of Communications and Public Relations Analyst and Police Records and Communications Manager.
WHEREAS, the job specifications for the classifications of Communications and Public Relations Analyst and Police Records and Communications Manager are attached hereto as Exhibit A, and the Amended 2021-22 Position Budget for the Police Department is attached as Exhibit B and incorporated by reference; and WHEREAS, these classification updates are not subject to CEQA, because it can be seen with certainty that they will not cause a physical change in the environment; and WHEREAS, the employee associations representing the impacted classifications have been informed of the classification updates and have not brought forth any objections or concerns.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that the following classification updates are approved:
1. The reallocation of the Community Engagement and Public Relations Coordinator position to a Communications and Public Relations Analyst,
2. The reclassification of the incumbent to Communications and Public Relations Analyst, and
3. The revisions to the job specifications for the classifications of Communications and Public Relations Analyst and Police Records and Communications Manager.
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Exhibit A
POLICE TECHNICAL SERVICES ADMINISTRATOR
DEFINITION
To plan, organize, direct and coordinate the activities of the Technical Services Division within the Police Department including police technical services; communications and public safety dispatch center operations; police records; police property and evidence; police computer and information technology; and public safety radio systems; to coordinate assigned activities with other divisions and departments; and to provide highly complex staff assistance to the Chief of Police.
SUPERVISION RECEIVED AND EXERCISED
Receive general direction from the Chief of Police.
Exercises direct supervision of assigned management, supervisory, professional, technical, and administrative support personnel.
EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:
Develop and implement divisional goals, objectives, policies and procedures.
Plan, organize and direct Police Technical Services activities including public safety communications dispatch center, records, property and evidence, and information technology.
Direct, oversee and participate in the development of the Police Technical Services Division budget; assist in budget implementation; participate in the forecast of additional funds needed for staffing, equipment, materials and supplies; administer the approved budget.
Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
Manage organizational and technical changes that impact the Department’s system of information management and ensure programs and projects related to public safety technology are integrated into the police department and effectively managed for compliance. 53 of 150
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Provide strategic development and use of public safety information technology; oversee design and implementation of new systems; coordinate acquisition of new software and hardware including development of long-range funding plans for maintenance and replacement of hardware; and manage support functions for telecommunications.
Monitor, research, analyze and provide strategic recommendations regarding federal, state and local regulations relating to assigned divisions which impact the city and police department; maintain knowledge of current legal requirements to ensure operations maintain legal compliance.
Plan, direct, coordinate and review the work plan for the Police Technical Services Division; meet with staff to identify and resolve problems; assign work activities, projects and programs; monitor workflow; review and evaluate work products, methods and procedures.
Continuously monitor and evaluate efficiency and effectiveness of service delivery methods and procedures; identify opportunities for improvement and review with Chief of Police; direct the implementation of improvements.
Direct the procurement and development of all facilities, equipment, and systems necessary for effective, efficient, and economical telecommunications and information management services.
Ensure, through the use of outside contractors and/or City resources, prompt and effective remedial and preventative maintenance of all communications systems and equipment.
Conduct and/or supervise technical administrative studies of new and existing services, special projects and/or acquisition of services and equipment to determine feasibility and legality and to increase service efficiency.
Represent the division and department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
Research and prepare technical and administrative reports; prepare written correspondence.
Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
Perform related duties and responsibilities as assigned.
QUALIFICATIONS
Knowledge of:
Principles, practices, terminology and management of public safety electronic, emergency communications, and information systems.
Laws, techniques, and procedures relating to the maintenance, processing, release and retention of police records.
Legal guidelines pertaining to the maintenance and control of property and evidence.
Principles of management, supervision, training, and employee development. 54 of 150
5 5
6 6
Methods, principles and practices of public administration and organizational management.
Operational requirements of law enforcement agencies. Pertinent local, state, and federal laws, rules and regulations.
Use and/or management of dispatch records management and computer aided dispatch systems.
Modern office procedures, methods and computer equipment including associated software.
Principles and practices of research analysis and management.
Principles and practices of budget development, implementation and monitoring.
Principles and practices of work safety.
Ability to:
Organize, implement, and direct Police Technical Services operations and activities within the Police Department including dispatch, records management, property/evidence receipt and storage, and projects related to public safety technology and communications.
Work as part of a public safety management team and provide administrative and professional leadership and direction for assigned division.
Manage, direct and coordinate the work of management, supervisory, professional technical and support personnel.
Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of assigned division’s goals and objectives Interpret and apply the policies, procedures, laws, codes and regulations pertaining to the assigned division’s programs and functions
Communicate clearly and concisely, both in writing and orally.
Establish and maintain cooperative working relationships with City officials, other governmental agencies, department personnel, citizens and the public.
Manage, train, and evaluate employees; mentor and develop the professional workforce of assigned divisions.
Identify, coordinate, and resolve a wide variety of issues related to police operations.
Represent the City, or the Department, in contacts with representatives of other agencies, City Departments, and the public.
Maintain confidentiality regarding sensitive information. 55 of 150
5 5
6 6
Experience and Training Guidelines
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Five years of progressively more responsible management experience in a public safety communications or police records environment including management and supervisory experience.
Training:
Bachelor’s Degree with major course work in criminal justice, business or public administration or a closely related field. A Master’s degree is highly desirable.
Licenses and Certificates:
Possession of, or ability to obtain, a valid California Driver’s License and a satisfactory driving record.
ADA Special Requirement:
Essential duties require the following physical abilities and work environment:
Ability to work in a standard office environment and dispatch center with some ability to lift and climb.
Availability to work protracted or irregular hours.
ADOPTED: 4-18-16
REVISED: 3-07-22
FORMER TITLES: POLICE RECORDS AND COMMUNICATIONS MANAGER BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2621
ABOLISHED:
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5 5
6 6
COMMUNICATIONS AND PUBLIC RELATIONS ANALYST
DEFINITION
To provide oversight and management of the communication and public education outreach efforts, either on a citywide basis or for a large complex department including developing, planning and implementing communication about the City, departments, and its programs, services, and activities; to coordinate the newsletter production and website design, maintenance and operations; and to advise and assist various departments on public information/relations activities.
DISTINGUISHING CHARACTERISTICS
This is the journey level in the single level professional Communications and Public Relations Analyst class.
Incumbents initially perform the more routine duties assigned to positions in this series and work under close supervision. However, as experience is gained, incumbents are expected to perform the full range of duties as assigned with increasing independence.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from higher level department personnel.
EXAMPLES OF ESSENTIAL DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:
Design, oversee and implement community-based outreach and engagement efforts involving coordination of multiple City departments, partner agencies and community groups.
Participate in communications strategic planning; consult with and support City departments in communication activities; develop marketing campaigns for a variety of City or department initiatives.
Design, implement and maintain the website; manage and oversee various written communication platforms.
Oversee, implement and maintain social media presence; create content and recommend utilization of new social media platforms.
Oversee media relations; prepare, review and distribute press releases.
Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
Foster an environment that embraces diversity, integrity, trust, and respect.
Be an integral team player, which involves flexibility, cooperation, and communication.
Perform related duties as assigned.
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5 5
6 6
MINIMUM QUALIFICATIONS
Knowledge of:
Principles, practices and techniques of communications and public information through a variety of mediums.
Principles and concepts of corporate and organizational branding.
Strategic communications methods and platforms, including utilization of social media.
Typical City structure, services and programs.
Ability to:
Manage and develop a public information function for a variety of purposes and audiences.
On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures.
On a continuous basis sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less.
Understand and communicate technical data to the public and the media.
Write effective copy, proposals, press releases, articles, etc.; prepare presentations; Use desktop publishing and printing techniques; learn the use of specialized computer software applicable to the position.
Use sound judgment in recognizing scope of authority.
Operate and use modern office equipment including computers and applicable software.
Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities.
Utilize appropriate safety procedures and practices for assigned duties.
Establish and maintain effective working relationships with those contacted in the course of work.
Work with various cultural and ethnic groups in a tactful and effective manner.
Communicate clearly and concisely, both orally and in writing.
Experience and Education
Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience
Two years of responsible public affairs, public communications and/or public relations experience.
Education
Equivalent to a Bachelor’s degree from an accredited college or university with major coursework in marketing, journalism, public relations, public administration, or a related field. 58 of 150
5 5
6 6
License or Certificate
Possession of, or ability to obtain, a valid California driver's license.
Special Requirements:
Essential duties require the following physical skills and work environment:
Ability to work in a standard office environment; ability to travel to different sites and locations.
ADOPTED: 10-03-16
REVISED: 03-07-22
FORMER TITLES:
BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES (SUBJECT TO DEPARTMENT DUTIES)
JOB CODES: 2001
ABOLISHED:
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5 5
6 6
Exhibit B
POLICE DEPARTMENT
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POLICE TECHNICAL SERVICES ADMINISTRATOR RECORDS AND COMMUNICATIONS MANAGER
DEFINITION
To plan, organize, direct and coordinate operations of the public safety communications/dispatch center, the police records unit and the property/evidence unit and to provide highly complex staff assistance to the Support Services Captain.
To plan, organize, direct and coordinate the activities of the Technical Services Division within the Police Department including police technical services; communications and public safety dispatch center operations; police records; police property and evidence; police computer and information technology; and public safety radio systems; to coordinate assigned activities with other divisions and departments; and to provide highly complex staff assistance to the Chief of Police. provide non-sworn executive level leadership and to manage a division composed of multiple bureaus and/or sections, including all police technical services; communications and public safety dispatch center operations; police records unit functions; police property and evidence unit functions; police computer and information technology; and public safety radio systems. Develops, implements and evaluates budgets, goals, objectives, polices and procedures related to these operations. Conducts inquires and research, oversees committees and workgroups, and coordinates efforts with other jurisdictions and other divisions within the Police Department.
SUPERVISION RECEIVED AND EXERCISED
Receive general direction from the Chief of PoliceSupport Services Captain.
Responsibilities include providingExercises direct supervision of assigned management, supervisory, non- sworn professional, technical, and administrative support supervisory and clerical personnel.
EXAMPLES OF DUTIES - Duties may include, but are not limited to, the following:
Develop and implement divisional goals, objectives, policies and procedures.
Plan, organize and direct Police Technical Services activities including Manage, direct, and organize the activities of the public safety communications /dispatch center, police records unit, property and evidence, and information technology. and property/evidence unit.
Direct, oversee and participate in the development of the Police Technical Services Division budget; assist in budget implementation; participate in the forecast of additional funds needed for staffing, equipment, 61 of 150
materials and supplies; administer the approved budget.
Recommend the appointment of personnel; provide or coordinate staff training; conduct performance evaluations; implement discipline procedures as required; maintain discipline and high standards necessary for the efficient and professional operation of the Department.
Manage organizational and technical changes that impact the Department’s system of information management and ensure programs and projects related to public safety technology are integrated into the police department and effectively managed for compliance.
Provide strategic development and use of public safety information technology; oversee design and implementation of new systems; coordinate acquisition of new software and hardware including development of long rangelong-range funding plans for maintenance and replacement of hardware; and manage support functions for telecommunications.
Monitor, research, analyze and provide strategic recommendations regarding federal, state and local regulations relating to assigned divisions which impact the city and police department.; Mmaintain knowledge of current legal requirements to ensure operations maintain legal compliance.
Serve as liaison with other city departments, division and outside agencies. Negotiate and resolve significant and controversial issues.
Establish and monitor systems relating to the processing and maintenance of police reports and the maintenance of property and evidence.
Develop and implement goals, objectives, policies and procedures to ensure optimum use of the City’s emergency communications system / RMS.
Manage organizational and technical changes that impact the department’s system of information management.
Develop and manage annual budget for Assist in preparation and monitoring of assigned divisionsunit’s; direct the forecast of additional funds needed for staffing, equipment, materials and supplies budget(s); monitor and approve expenditures; direct and implement adjustments as appropriate.
Plan, Ddirect, coordinate and review the work plan for assigned units divisionsthe Police Technical Services Division; meet with staff to identify and resolve problems; assign work activities, projects and programs; monitor work flowworkflow; review and evaluate work products, methods and procedures. and develops methods for improvement of service delivery.
Continuously monitor and evaluate efficiency and effectiveness of service delivery methods and procedures; identify opportunities for improvement and review with Chief of Police; direct the implementation of improvements.
Maintain knowledge of current legal guidelines pertaining to release of information under the Public Records Act and ensure that operations maintain legal compliance. 62 of 150
Assume responsibility for personnel matters including selection, assignment and prioritization of work; training;Conduct performance evaluations for assigned management staff; implement and effective input concerning disciplineary procedures as required; maintain discipline and high standards necessary for professional operation of the departmentmatters.
Conduct personnel investigations, investigating complaints, and recommending disciplinary actions.
Direct the procurement and development of all facilities, equipment, and systems necessary for effective, efficient, and economical telecommunications and information management services.
Ensure, through the use of outside contractors and/or City resources, prompt and effective remedial and preventative maintenance of all communications systems and equipment.
Coordinate the operation of the units with all servicing agencies.
Update systems for handling transmittal of bail monies, handling of criminal registrants, forms control and storage, screening and distribution of correspondence, and collection and dissemination of technical and instructional data relating to existing and planned computer systems.
Answer complaints and inquiries concerning activities of the units.
Maintain thorough and accurate logs, audio recordings, and records of all unit operations; provide summaries to appropriate management and other departments as necessary.
Acquire and maintain all necessary operating licenses and permits.
Conduct and/or supervise technical administrative studies of new and existing services, special projects and/or acquisition of services and equipment to determine feasibility and legality and to increase service efficiency; and prepare and present comprehensive planning, administrative, fiscal and technical reports.
Represent the division and department to outside agencies and organizations; participate in outside community and professional groups and committees; provide technical assistance as necessary.
Research and prepare technical and administrative reports; prepare written correspondence.
Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
Perform related duties and responsibilities as assigned.
QUALIFICATIONS
Knowledge of:
Principles, practices, terminology and management of public safety electronic, emergency communications, and information systems.
Laws, techniques, and procedures relating to the maintenance, processing, release and retention of police records.
63 of 150
QUALIFICATIONS
Knowledge of:
Methods, practices, and principles of records and office management. Theories, Pprinciples, and practices, terminology and management of public safety electronic, of emergency communications, and information systems.
Operational standards established by the Commission on Accreditation for Law Enforcement Agencies (CALEA).
Police and fire automated information systems.
Current trends and issues related to the current communications dispatch industry.
Laws, techniques, and procedures relating to the maintenance, processing, release and retention of police records.
Legal guidelines pertaining to the maintenance and control of property and evidence.
Principles of management, supervision, training, and employee development.
Methods, Pprinciples and practices of public administration and organizational managementhuman resources as applied to function, including basic employee-relations concepts.
Operational requirements of law enforcement agencies. Pertinent local, state, and federal laws, rules and regulations.
Use and/or management of dispatch records management and computer aided dispatch systems.
Modern office procedures, methods and computer equipment including Personal computers and their associated software.
Principles and practices of research analysis and management.
Principles and practices of budget development, implementation and monitoring.
Principles and practices of work safety.
Ability to:
Effectively manage, plan, oOrganize, implement, and direct Police Technical Services operations and activities within the Police Department including direct, and coordinate the activities of a dispatch center, records unitmanagement, and a property/evidence unit receipt and storage, and projects related to public safety technology and communications.
Achieve and maintain Public Safety Communications Accreditation from the Commission on 64 of 150
Accreditation for Law Enforcement Agencies (CALEA).
Work as part of a public safety management team and provide administrative and professional leadership and direction for assigned division.s
Manage, direct and coordinate the work of management, supervisory, professional technical and support personnel. Mentor and develop the professional workforce assigned to the unit.
Review existing practices, policies and procedures and identify and implement operational management changes to improve efficiency and effectiveness.
Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of assigned division’s goals and objectives Interpret and apply the policies, procedures, laws, codes and regulations pertaining to the assigned division’s programs and functions
Prepare and issue emergency messaging alerts, pages and tactical communications.
Communicate clearly and concisely, both effectively in writing, and orally, and with others to assimilate, understand and convey information, in a manner consistent with job functions.
Establish and maintain cooperative working relationships with City officials, other governmental agencies, department personnel, citizens and the public.
Manage, Supervise, train, and evaluate employees; mentor and develop the professional workforce of assigned divisions..
Identify, coordinate, and resolve a wide variety of issues related to police operations. Delegate authority and responsibility, and schedule work on a long-term basis.
Represent the City, or the Department, in contacts with representatives of other agencies, City Departments, and the public.
Take a proactive approach to customer service issues.
Make process improvement changes to streamline procedures.
Work in a safe manner, following City safety practices and procedures; coach others in correct safety practices; enforce safety regulations.
Enter and retrieve data from a variety of records management databases with speed and accuracy sufficient to perform the assigned work.
Maintain confidentiality regarding sensitive information.
Experience and Training Guidelines
65 of 150
Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Experience:
Five years of progressively more responsible management experience in a public safety communications or police records environment including management and supervisory experience. Familiarity with regulations concerning operation of a police property room is desirable.
Training:
Associate Bachelor’s Degree from a community college or 60 college units with major course work in criminal justice, business or public administration or a closely related field. A Master’s Bachelor’s degree is highly desirable.
Licenses and Certificates:
Possession of, or ability to obtain, a valid California Driver’s License and a satisfactory driving record.
ADA Special Requirement:
Essential duties require the following physical abilities and work environment:
Ability to work in a standard office environment and dispatch center with some ability to lift and climb.
Availability to work protracted or irregular hours.
ADOPTED CC: 4-18-16
REVISED CC:
BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL:
MANAGEME
NT DOT: YES
PRE APPT MEDICAL: YES
SAFETY SENSITIVE: YES
REQUIRED HARASSMENT PREVENTION TRAINING: SUPERVISORY
FORM 700: YES
JOB CODES: 2621
ABOLISHED:
66 of 150
COMMUNICATIONS AND PUBLIC RELATIONS ANALYST
DEFINITION
To provide oversight and management of the City's communication and public education outreach efforts, either on a citywide basis or for a large complex department including developing, planning and implementing citywide communication about the City, departments, and its programs, services, and activities; to coordinate the City's newsletter production and website design, maintenance and operations; and to advise and assist various departments on public information/relations activities.
DISTINGUISHING CHARACTERISTICS
This is the journey level in the single level professional Communications and Public Relations Analyst class. Incumbents initially perform the more routine duties assigned to positions in this series and work under close supervision. However, as experience is gained, incumbents are expected to perform the full range of duties as assigned with increasing independence.
SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Deputy City Managerhigher level department personnel.
EXAMPLES OF ESSENTIAL DUTIES - Depending upon assignment, duties may include, but are not limited to, the following:
Design, oversee and implement community based outreach and engagement efforts involving coordination of multiple City departments, partner agencies and community groups.
Participate in communications strategic planning; consult with and support City departments in communication activities; develop marketing campaigns for a variety of City or department initiatives.
Design, implement and maintain the City’s website; manage and oversee various written communication platforms.
Oversee, implement and maintain the City’s social media presence; create content and recommend utilization of new social media platforms.
Oversee media relations; prepare, review and distribute press releases.
Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service.
Foster an environment that embraces diversity, integrity, trust, and respect.
Be an integral team player, which involves flexibility, cooperation, and communication.
Perform related duties as assigned.
67 of 150
MINIMUM QUALIFICATIONS
Knowledge of:
Principles, practices and techniques of communications and public information through a variety of mediums.
Principles and concepts of corporate and organizational branding.
Strategic communications methods and platforms, including utilization of social media.
Typical City structure, services and programs.
Ability to:
Manage and develop a public information function for a variety of purposes and audiences.
On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures.
On a continuous basis sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less.
Understand and communicate technical data to the public and the media.
Write effective copy, proposals, press releases, articles, etc.; prepare presentations; Use desktop publishing and printing techniques; learn the use of specialized computer software applicable to the position.
Use sound judgment in recognizing scope of authority.
Operate and use modern office equipment including computers and applicable software.
Maintain regular attendance and adhere to prescribed work schedule to conduct job responsibilities.
Utilize appropriate safety procedures and practices for assigned duties.
Establish and maintain effective working relationships with those contacted in the course of work.
Work with various cultural and ethnic groups in a tactful and effective manner.
Communicate clearly and concisely, both orally and in writing.
Experience and Education
Any combination equivalent to experience and education that could likely provide the required knowledge and abilities would be qualifying. A typical way to obtain the knowledge and abilities would be:
Experience
Two years of responsible public affairs, public communications and/or public relations experience. 68 of 150
Education
Equivalent to a Bachelor’s degree from an accredited college or university with major coursework in marketing, journalism, public relations, public administration, or a related field.
License or Certificate
Possession of, or ability to obtain, a valid California driver's license.
Special Requirements:
Essential duties require the following physical skills and work environment:
Ability to work in a standard office environment; ability to travel to different sites and locations.
ADOPTED CC: 10-03-16
REVISED CC:
FORMER TITLES:
BARGAINING UNIT: MANAGEMENT UNIT
FLSA: EXEMPT
PERFORMANCE APPRAISAL: MANAGEMENT
DOT: NO
PRE APPT MEDICAL: NO
SAFETY SENSITIVE: NO
REQUIRED HARASSMENT PREVENTION TRAINING: NON-SUPERVISORY FORM 700: YES (SUBJECT TO DEPARTMENT DUTIES)
JOB CODES: 2001
ABOLISHED:
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CITY OF SAN MATEO
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2 3
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR File ID: 22-5859 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Police Department
MEETING DATE: March 07, 2022
SUBJECT:
Classification and Position Updates - Police Department RECOMMENDATION:
Adopt a Resolution to reallocate one vacant Administrative Assistant position to one Management Analyst I/II position; and authorize one additional Management Analyst I/II position for the Police Department.
BACKGROUND:
There have been several significant changes in the demands and expectations of the Police Department in recent years that require reconsideration in how the Department is structured and staffed to best provide services.
Homelessness and the issues surrounding it are a growing concern in San Mateo. Homeless-related calls for police service have increased over 40% during the past two years, with the Police Department now responding to an average of 767 documented calls per year in 2020 and 2021. Based on the homeless-related incidents logged in the current year to date (125), this trend is expected to continue. Many homeless-related calls involve subjects who require mental health services. The integration of a mental health clinician into police operations is proving to be a valuable resource; however, more robust resources are needed to address homelessness more expediently.
Homelessness is not a crime. When officers respond to a homeless complaint, their recourse is often limited to providing short-term solutions contingent on whether the individual is committing a crime or meets the criteria for a mental health evaluation/hold. When those criteria are not met, often the unhoused will relocate to less visible areas, typically further away from services. The Police Department wishes to create a civilian position dedicated to management of homeless resources. The Homeless Resource Manager (HRM) will help to identify issues in the community, respond to complaints and requests for information, craft solutions with residents and business owners, while also working proactively with homeless individuals to offer supportive services and a way off the street. The HRM will compile and analyze data related to the transient population and utilize data to create long-term solutions, including developing and implementing policies, procedures, and programs to improve quality of life.
In addition, the overall need for general analytical support has grown considerably in recent years. The Police Department currently has limited capacity to conduct meaningful reporting and analysis, which reduces our ability to maximize personnel deployment or anticipate crime trends. Staff wishes to create a civilian position charged with providing analytical support to the Bureau of Investigations to help solve crime; to provide data-driven strategies to the Field Operations Division to identify trends of emerging crime and help develop effective tactics to reduce crime; and to manage the vast crime and statistical data, which are provided and updated regularly on the Police Department’s transparency webpage.
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CITY OF SAN MATEO
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Both positions will require sound analytical skills, and the Management Analyst I/II classification will align with the prescribed work and the needs of the organization. The proposed restructuring involves reallocation of a vacant Administrative Assistant position to a Management Analyst I/II position and the addition of a second Management Analyst I/II position.
The positional reallocations have been discussed with the impacted bargaining groups, and they are supportive of the changes. Per San Mateo Municipal Code Section 2.57.030(d), approval of position reallocations and the addition of positions must be approved by City Council Resolution.
BUDGET IMPACT:
The reallocation of the Administrative Assistant position combined with the addition of 1.00 Management Analyst I/II position will result in an annual cost of approximately $195,000 to the General Fund. Costs incurred in the current fiscal year can be accommodated in the Police Department's operating budget using salary savings from vacant positions. Future costs will be incorporated into the 2022-2024 Business Plan, and it is possible that funding beyond fiscal year 2022-23 could be provided by Measure S for the homeless resource manager position.
ENVIRONMENTAL DETERMINATION:
This action is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Proposed Resolution
STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Tricia Toomey, Business Manager
[email protected]
(650) 522-7623
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING AMENDMENTS TO AUTHORIZED POSITIONS IN THE POLICE DEPARTMENT 2021-2022 BUDGET WHEREAS, pursuant to San Mateo Municipal Code Section 2.57.030(d), approval of position reallocations and the addition of positions must be approved by City Council Resolution; and WHEREAS, the basis of the proposed changes is fully detailed in the accompanying administrative report; and
WHEREAS, the employee associations representing the impacted classifications have reviewed the proposed changes and not brought forth any objections or concerns.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The reallocation of 1.00 FTE Administrative Assistant position to 1.00 FTE Management Analyst I/II position is approved.
2. The addition of 1.00 FTE Management Analyst I/II position is approved. 72 of 150
CITY OF SAN MATEO
2 9
1 4
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: PUBLIC HEARING File ID: 22-5850 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: March 07, 2022
SUBJECT:
Ordinance Introduction – Accessory Dwelling Unit Ordinance Amendments RECOMMENDATION:
Introduce an Ordinance to amend San Mateo Municipal Code Chapter 27.19 – “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” in accordance with changes to State law and to amend San Mateo Municipal Code Section 27.04.165 by adding a definition for “Junior accessory dwelling unit.” BACKGROUND:
On February 22, 2022, the City Council held a public hearing to consider the introduction of an ordinance to update the City’s regulations for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Following the staff presentation, public comments and clarifying questions, the Council discussed the draft ordinance and voted to continue the item with direction to update it as follows:
The height limit for attached ADUs should be 24 feet to top plateline and 32 feet to roof peak; The height limit for detached ADUs should be 16 feet to top plateline and 24 feet to roof peak; Include an option that allows for detached ADUs to increase their height limit when on-site parking is retained/created; and
The final decisionmaker on an appeal of an ADU subject to the alternative discretionary review process should be the City Council.
For reference, the agenda report from this meeting is included as Attachment 3. In addition, the research on ADU ordinances for other jurisdictions in San Mateo County that was referenced in the staff presentation is included as Attachment 4. This information was compiled by 21 Elements (a collaborative forum for San Mateo County jurisdictions), with some additional updates by staff.
DISCUSSION:
To assist the City Council in setting a height limit for new ADUs in San Mateo, a breakdown of permit data for two-story ADUs from the past two years is outlined below. This permit data reflects ADU development activity since the updated State laws went into effect on January 1, 2020.
174 total ADU building permit applications submitted since January 1, 2020. Of those applications, 17 were for two-story ADUs (3 attached and 14 detached). Of those 17 applications, 10 building permits have been issued, five applications are pending/incomplete and two appear to be abandoned (over one year with no activity). Four two-story ADUs have completed construction and received final occupancy. Attached two-story ADU application statistics:
oMedian plate height: 18.2 feet, with a range of 16.5 ft – 20.8 ft. 73 of 150
CITY OF SAN MATEO
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oMedian peak height: 24.25 feet, with a range of 21.7 ft – 24.8 ft. oAverage size: 681 square feet, with a range of 578 sq ft – 800 sq ft. oTwo built over existing attached garages.
Detached two-story ADU application statistics:
oMedian plate height: 18.5 feet, with a range of 15 ft – 24 ft (12 of 14 had plate heights below 20.5 ft). oMedian peak height: 23.3 feet, with a range of 19 ft – 29.6 ft (12 of 14 had peak heights below 24.7 ft). oAverage size: 806 square feet (range: 445 sq ft – 1,200 sq ft). oFour built over existing detached garages (no expansion of footprint) 1, three built over existing garage with a first-floor addition, and three included a new detached garage. Two of these ADU applications included an exterior stair with landing, and one included a larger second story deck (250 sq ft)
Based on the prior two years of permit data, the vast majority (90%) of ADU applications are for one-story structures.
Regarding detached two-story ADUs associated with retained/new on-site parking, staff attempted to discern a height pattern for those already reviewed in order to return to Council with a suggested height limit for such ADUs. However, given the relatively small number of these types of ADUs, staff was unable to establish a clear pattern that could inform the creation of a potentially appropriate height standard. With that, and the above referenced information, in mind, the draft ADU Ordinance has been revised as follows:
The final decisionmaker on an appeal of an ADU subject to the alternative discretionary review process is the City Council.
The height limit for attached ADUs is 24 feet to top plateline and 32 feet to roof peak. The height limit for detached ADUs is 16 feet to top plateline and 24 feet to roof peak. For a detached ADU that seeks to exceed the height limit, an application for discretionary review, pursuant to Section 27.19.045, shall be submitted.
The discretionary review approach for detached two-story ADUs is aligned with state requirements in that it provides for the creation of one and two-story attached and detached ADUs through a ministerial permit when all established objective development standards are met, while providing a pathway toward greater flexibility through a discretionary permit process when an applicant seeks a greater height limit. The proposed permit process would be at staff (Zoning Administrator) level to minimize processing time and cost and would be appealable to the Planning Commission and City Council. It would also allow for neighbor notification and the consideration of site-specific conditions such as adjacent structures/land uses, site topography, existing site configuration, ADU/parking location, etc. Staff would track the permit data for these ADUs (and all ADUs) in order to better understand them and return to Council one year after the Ordinance goes into effect to review what has occurred in the intervening time and make any needed revisions. In order to incentivize retaining on-site parking for ADUs that exceed the height limit, staff level discretionary reviews for such projects could be streamlined. This could be accomplished through a focused application submission checklist, with a decision on the application made within four weeks from the date the application is deemed complete. While this process is not set forth in the draft ordinance, staff will have proposed language ready in the event Council directs that this be implemented.
A clean copy of the draft Ordinance is included as Attachment 1, and a tracked changes version of the Ordinance that reflects the changes made since the last Council meeting is included as Attachment 2.
NEXT STEPS:
Following introduction, the Ordinance will be brought back for a second reading and adoption at the next available City Council meeting, and the Ordinance will go into effect 30 days afterwards. In addition, the City is required to submit the approved Ordinance to HCD within 60 days of adoption for final review and acceptance by the State. If HCD identifies inconsistencies between the City’s Ordinance and State law, a follow-up code amendment may be necessary. However, based on prior discussions with HCD and internal review, the draft Ordinance appears to be fully consistent with State law 1 Plate heights for the four ADUs built over an existing garage with not expansion of footprint were 15’, 16’, 16’ and 18.7’. 74 of 150
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and, in many aspects, it exceeds the minimums established by State law.
Once the ADU Ordinance is adopted, staff will update all ADU related handouts, educational materials and the website to reflect the updated requirements for developing ADUs and JADUs. In addition, one or two community workshops will be scheduled later in the year to provide an overview of the City’s updated ADU regulations and a forum to answer resident questions
BUDGET IMPACT:
Costs associated with the ADU Code amendments, including staff time and other related activities, is funded as part of the Community Development Department’s annual budget.
ENVIRONMENTAL DETERMINATION:
In accordance with Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines, section 15282(h), the portion of this ordinance addressing accessory dwelling units is statutorily exempt from CEQA, because it relates to second units in a single family or multifamily residential zone. In accordance with CEQA Guidelines Section 15061(b)(3), the portion of this ordinance addressing junior accessory dwelling units is exempt from CEQA, because it can be seen with certainty that there is no possibility that amending the City’s Zoning Code to comply with state law requirements pertaining to junior accessory dwelling units within existing residences will have a significant effect on the environment.
PUBLIC COMMENTS:
Since the publication of the February 22nd City Council meeting agenda on February 17, 2022, multiple written public comment letters have been submitted to the City Council. These comment letters are posted to the Public Meeting Portal on the City’s website www.cityofsanmateo.org. Comment received since the close of the meeting on February 22 is appended to this Agenda Report.
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Proposed Ordinance
Att 2 – Proposed Ordinance in track changes
Att 3 – City Council Agenda Report 2-22-22
Att 4 – San Mateo County Jurisdiction ADU Standards Summary Table Att 5 – Public Comment
STAFF CONTACT
Zachary Dahl, AICP, Deputy Director
[email protected]
(650) 522-7207
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CITY OF SAN MATEO
DRAFT ORDINANCE
Amend Section 27.04.165 “Dwelling,” to add a definition for “Junior Accessory Dwelling Unit,” and Amend Various Sections of Chapter 27.19, “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones,” of the San Mateo Municipal Code
WHEREAS, an existing ordinance addressing accessory dwelling units and junior accessory dwelling units is codified at Chapter 27.19; and
WHEREAS, Government Code Sections 65852.2 and 65852.22 govern accessory dwelling units and junior accessory dwelling units and were recently amended; and WHEREAS, these changes in state law necessitate amendments to Chapter 27.19; and WHEREAS, Government Code Section 65852.2(a)(1)(B) authorizes cities to impose standards on accessory dwelling units in conformance with state law that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum unit size, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources; and WHEREAS, Government Code Section 65852.2(h)(A) provides that the state Department of Housing and Community Development (HCD) is to make findings regarding local agency ordinance compliance with Section 65852.2.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. Legislative Findings. The City Council of the City of San Mateo finds:
(a) The City’s amended ordinance that establishes development standards for accessory dwelling units and junior accessory dwelling units is consistent with Government Code Sections 65852.2 and 65852.22. (b) The side and rear setback and parking standards for accessory dwelling units in the City’s amended ordinance are in conformance with Government Code Section 65852.2(a)(1)(B). (c) In order to allow vehicles exiting lots to see passing pedestrians and vehicles, ADUs are not permitted within a required front yard setback.
Section 2. Subsection (c) of Section 27.04.165 of the San Mateo Municipal Code is amended as follows:
27.04.165 DWELLING.
"Dwelling" means a building or portion thereof, designed or used exclusively for residential occupancy, including a one-family dwelling unit, an accessory dwelling unit, a junior accessory unit, a two-family dwelling unit, and a multiple-family dwelling unit but does not include a hotel, motel, boarding or lodging houses or other lodging facilities, or a vessel or boat, or a house trailer. 76 of 150
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(a) "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, is accessory to the primary single-family residential dwelling unit, and includes permanent provisions for living, sleeping, eating, cooking facilities and sanitation on the same parcel as the primary residential dwelling unit. (b) "Bachelor, efficiency or studio unit" means a dwelling unit consisting of one principal room used for living and sleeping purposes, plus cooking facilities, a bathroom, and closets. (c) "Junior accessory dwelling unit" means an additional, independent living unit constructed within the walls of a proposed or legally existing single-family residence, including attached garages. (d) "Multiple-family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other. (e) "One-family dwelling" means a building containing one cooking facility only and designed exclusively for use and occupancy by one family, including the provision of interior access to all bedrooms, and may include a junior accessory dwelling unit within the principal dwelling. (f) "Two-family dwelling" means a building(s) designed or altered to provide attached (duplex) or detached dwelling units for occupancy by two families living independently of each other.
Section 3. Section 27.19.010 of the San Mateo Municipal Code is amended as follows:
27.19.010 PURPOSE.
The purpose of this Article is to set forth regulations to permit accessory dwelling units (ADUs) in accordance with state law.
Section 4. Section 27.19.020 of the San Mateo Municipal Code is amended as follows:
27.19.020 RESERVED.
Section 5. Section 27.19.030 of the San Mateo Municipal Code is amended as follows:
27.19.030 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) An ADU shall not be sold separately from the primary residence. (b) If an ADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
Section 6. Section 27.19.040 of the San Mateo Municipal Code is amended as follows:
27.19.040 MINISTERIAL PERMIT APPROVAL.
An ADU permit application for either an attached or a detached ADU is required in order to demonstrate that a unit is in compliance with the provisions of this Article. If the ADU is in full compliance with the provisions 77 of 150
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of this Article, a ministerial, non-discretionary permit will be issued. Notwithstanding anything to the contrary in this Code, the issuance of a ministerial ADU permit is not appealable.
Section 7. Section 27.19.045 of the San Mateo Municipal Code is added to Chapter 27.19 as follows:
27.19.045 DISCRETIONARY REVIEW AS ALTERNATIVE TO MINISTERIAL APPROVAL. (a) As an alternative to ministerial review, an applicant may submit an application for discretionary review of an ADU proposal that is not in full compliance with the provisions of this Article. (b) The application for discretionary approval shall be granted if the Zoning Administrator finds each of the following:
(1) The proposed ADU is consistent with all applicable objective design standards in the adopted R1 Single-Family Dwelling Design Guidelines;
(2) The proposed ADU would not result in a negative privacy impact on an abutting residential lot; and
(3) The proposed ADU would not result in a negative impact to public health, safety, or welfare. (c) The decision of the Zoning Administrator shall not preclude the ability of an applicant to receive a ministerial permit pursuant to Section 27.19.040 for an ADU that is in full compliance with the provisions of this Article.
(d) The decision of the Zoning Administrator may be appealed to the Planning Commission, and the decision of the Planning Commission may be appealed to the City Council, in accordance with SMMC 27.08.090.
Section 8. Section 27.19.050 of the San Mateo Municipal Code is amended as follows:
27.19.050 DEVELOPMENT STANDARDS
An ADU, as defined in Section 27.04.165, shall comply with the following development standards:
(a) Permitted Zoning Districts. ADUs shall only be constructed on a lot zoned to allow residential uses. (b) Number of Units. No more than the number of ADUs allowed by state law may be constructed on any lot.
(c) State Exempted “By Right” ADUs. An attached or detached ADU of at least 800 square-feet in size and of at least 16 feet in building height with four-foot side and rear setbacks may be constructed on a lot regardless of any size limitation based on the size of the proposed or existing primary dwelling, lot coverage, floor area ratio, daylight plane, open space, or minimum lot size that would otherwise preclude or limit its construction. The floor area of any new ADU in excess of 800 square feet shall be applied to the maximum floor area allowance of the subject lot as prescribed by the underlying zoning district. 78 of 150
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(d) Maximum Unit Size. Floor area size maximums for both attached and detached ADU development in excess of 800 square feet are governed by the floor area maximum established by the underlying zoning district and remaining floor area allowance available on the lot. In instances when the existing floor area allowance of a lot has been fully utilized, only the state exempted “by right” ADU of up to 800 square feet is permitted. (1) Accessory Dwelling Unit Conversions. An ADU conversion within the walls of an existing primary residence or accessory structure is not subject to size requirements. ADU conversions may be expanded up to 150 square feet beyond the existing footprint provided the expansion is used to accommodate ingress and egress to the ADU.
(2) Detached Accessory Dwelling Unit and Junior Accessory Dwelling Unit. Subject to the floor area requirements, one new detached ADU may be constructed on a lot with a junior accessory dwelling unit (JADU).
(e) Height. The specific height maximums are applicable to all zoning districts which permit ADUs. (1) Attached Accessory Dwelling Units. Maximum building height for an attached ADU is 24 feet to top plateline and 32 feet to roof peak as measured from existing grade. (2) Detached Accessory Dwelling Units. Maximum building height for a detached ADU is 16 feet to top plateline and 24 feet to roof peak as measured from existing grade. (3) Alternative Discretionary Review for Detached Accessory Dwelling Units. For a detached ADU proposed to exceed the height limit, an application for discretionary review, pursuant to Section
27.19.045, may be submitted.
(f) Setbacks. An ADU shall have setbacks as follows:
(1) No setback shall be required for an existing legally permitted garage or accessory structure that is converted to an ADU which is constructed in the same location and to the same dimensions as the existing structure.
(2) A minimum setback of four feet shall be required from the side and rear lot lines for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage.
(3) A minimum setback from the front lot line, as required in the lot’s underlying zone district, shall be required for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage. (g) The ADU, whether attached or detached, shall provide a separate exterior entrance, and permanent provisions for living, sleeping, eating, cooking, and sanitation. (h) Location of Accessory Dwelling Unit. The ADU may be within, attached to, or detached from the primary dwelling unit. ADUs shall be accessory to the primary residence and are permitted in the same locations on the parcel as the primary residence as specified in the underlying zoning district. 79 of 150
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(i) Number and Type of Required Parking Spaces.
(1) General Requirements. There shall be a minimum of one standard size off-street parking space for each ADU. All required parking spaces shall be a minimum of 10 feet wide by 18 feet long without any obstructions. Parking associated with ADU or JADU development, whether required or voluntary, must be located entirely on the same lot, and may be provided in a garage, carport, uncovered, or in tandem orientation. Additionally, maximum driveway width for single-car garages may be up to 20 feet to accommodate additional off-street parking. The required parking for the primary residential dwelling unit must comply with current standards, as specified by the underlying zoning district.
(2) Location of Parking for Accessory Dwelling Units. Parking for the accessory dwelling unit may be located in the required front, side, and rear yard setback areas. (3) Replacement off-street parking is not required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU. (4) Parking Exemptions. No additional off-street parking shall be required for an ADU in the following instances:
(A) The ADU is located within one-half (1/2) mile walking distance of public transit; or (B) The ADU is located within an architecturally and historically significant historic district; or
(C) The ADU is in part of the proposed or existing legally permitted primary residence or an existing legally permitted accessory structure; or
(D) In an area requiring on-street parking, permits are required but not offered to the occupant of the ADU; or
(E) When the ADU is located within one block of a car share location. (5) Voluntary Parking. If no parking space is required, a maximum of one off-street parking space per ADU or JADU may be voluntarily provided.
(j) Architectural Standards. New ADUs and conversions of an existing legally permitted structure shall be designed to comply with the following standards:
(1) Attached Accessory Dwelling Units. ADUs that are attached to the primary dwelling unit shall:
(A) Be of the same architectural style as the primary dwelling unit; (B) Be constructed of similar exterior materials, finishes, and family of colors as the primary dwelling unit;
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(C) Offset windows from neighbor's windows to maximize privacy; and (D) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (i) Application of the daylight plane requirement shall not preclude a State Exempted “By Right” ADU as defined in this Chapter.
(2) Detached Accessory Dwelling Unit. An ADU that is detached from the primary dwelling unit shall:
(A) In instances when an ADU is attached to an accessory structure, provide a uniform and integrated design with that accessory structure;
(B) Offset windows from neighbor's windows to maximize privacy; (C) Provide and maintain obscured glazing on second-story windows up to five feet from the finished floor when the windows are located within five feet of a lot line with an abutting residential lot;
(D) When an exterior staircase is proposed, it shall have a setback of at least five feet from the nearest lot line and the size of the second story landing shall be limited to the minimum area required to allow ingress and egress as specified by the California Building Code; (i) For an ADU that seeks to have a larger second story deck, an application for discretionary review, pursuant to Section 27.19.045, shall be submitted. (E) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (k) Development Impact Fees. Development impact fees for ADUs shall be established in an amount set forth by resolution of the City Council.
(l) Utility Service. If an ADU is constructed within existing space, a separate water connection, a sewer service connection, or power connection is not required for an ADU. If an ADU is not constructed within existing space, the City may require new or separate utility connections. (m) Utility Fees. For an ADU located within an existing structure, payment of a connection fee or capacity charge is not required. For an ADU that is separate from an existing structure, the City will require payment of a connection fee or capacity charge that is proportionate to the ADU’s burden. (n) Address Assignment. An application for a building permit for an ADU must include application for a separate address assignment.
(o) Other Requirements. All other zoning requirements shall be complied with unless an authorized variance is approved.
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(p) For ADUs proposed within an existing multi-family structure or on a lot with an existing multi-family dwelling, the provisions of Government Code Section 65852.2(e)(1) apply.
Section 9. Section 27.19.060 of the San Mateo Municipal Code is amended as follows:
27.19.060 RESERVED.
Section 10. Section 27.19.070 of the San Mateo Municipal Code is amended as follows:
27.19.070 PURPOSE.
The purpose of this Article is to set forth regulations to permit junior accessory dwelling units (JADUs).
Section 11. Section 27.19.080 of the San Mateo Municipal Code is amended as follows:
27.19.080 RESERVED.
Section 12. Section 27.19.090 of the San Mateo Municipal Code is amended as follows:
27.19.090 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) A JADU shall not be sold separately from the primary residence. (b) If a JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
Section 13. Section 27.19.100 of the San Mateo Municipal Code is amended as follows:
27.19.100 MINISTERIAL PERMIT REQUIRED.
A JADU permit application is required in order to demonstrate that the unit is in compliance with the provisions of this Article. If the JADU is in full compliance with the provisions of this Article, a ministerial, non- discretionary permit shall be issued.
Section 14. Section 27.19.110 of the San Mateo Municipal Code is amended as follows:
27.19.110 DEVELOPMENT STANDARDS.
A "junior accessory dwelling unit," as defined in Section 27.04.165, must comply with the following development standards:
(a) Permitted Zoning Districts. JADUs shall only be constructed on lots zoned to allow single-family residential use, or for which a single-family residence exists or is proposed to be built. The residential lot shall not be part of a condominium, townhouse, or other multi-family development. 82 of 150
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(b) Limit to the Number of Junior Accessory Dwelling Units. The number of JADUs is limited to one per residential lot with a single-family residence. Lots with multi-family housing or more than one detached single- family dwelling are not eligible for JADUs.
(c) Setback and Other Zoning Regulations. For purposes of setbacks and other zoning regulations, the JADU shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district.
(d) Maximum Unit Size. The floor area of a JADU shall not exceed 650 square feet, including attic and basement areas as defined in Section 27.04.200 for the applicable zoning district. (e) Construct within Existing Structure. The JADU shall be constructed within the walls of the proposed or legally existing single-family dwelling unit, including an attached garage. Detached accessory structures, including detached garages or carports, are not permitted to be converted into JADUs. (f) Unit Access. A JADU must include:
(1) A separate exterior entry from the main entrance to the single-family dwelling, which shall be provided to serve the JADU only; and
(2) An interior entry access between the JADU and the single-family dwelling. This interior entry access may be a door equipped with a double lock. A permitted JADU may include a second interior door for sound attenuation.
(g) Efficiency Food Preparation Area. A JADU shall include an efficiency kitchen that includes the following components:
(1) Cooking facility with appliances; and
(2) Food preparation counter and storage with cabinets that are of reasonable size in relation to the size of the JADU.
(h) Sanitation Facilities. A JADU may include its own separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.
(i) Building and Fire Requirements.
(1) No fire wall separation or noise attenuation measures are required between the main dwelling and the JADU. No fire sprinklers are required for the JADU, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 23, Building and Construction, of the San Mateo Municipal Code. The JADU shall have an adjoining door connected to the main living area for fire separation. A smoke alarm shall be required in the JADU and shall be connected to the smoke alarm in the main residence.
(2) The JADU shall be equipped with a carbon monoxide detector. 83 of 150
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(j) Utility Service. A separate water connection, a separate sewer service connection, and power connection as water, sewer, and power service is not required for a JADU. (k) Parking. No additional off-street parking is required for a JADU. (l) Address Assignment. An application for a building permit for a JADU must include application for a separate address assignment.
Section 15. Section 27.19.120 of the San Mateo Municipal Code is amended as follows:
27.19.120 RECORDATION OF DEED RESTRICTION.
(a) A deed restriction shall be recorded to run with the land and submitted to the City prior to building permit issuance which indicates the following:
(1) The property owner must occupy either the single-family residence or the JADU. (2) If the JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
(3) Sale of the JADU separately from the single-family residence is prohibited. (4) The approved size and attributes of the JADU.
(b) A copy of this deed restriction must be given to each prospective occupant.
Section 16. Environmental Determination. In accordance with Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines, section 15282(h), the portion of this ordinance addressing accessory dwelling units is statutorily exempt from CEQA, because it relates to second units in a single family or multifamily residential zone. In accordance with CEQA Guidelines Section 15061(b)(3), the portion of this ordinance addressing junior accessory dwelling units is exempt from CEQA, because it can be seen with certainty that there is no possibility that amending the City’s Zoning Code to comply with state law requirements pertaining to junior accessory dwelling units within existing residences will have a significant effect on the environment.
Section 17. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 18. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 19. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 84 of 150
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CITY OF SAN MATEO
DRAFT ORDINANCE
Amend Section 27.04.165 “Dwelling,” to add a definition for “Junior Accessory Dwelling Unit,” and Amend Various Sections of Chapter 27.19, “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones,” of the San Mateo Municipal Code.
WHEREAS, an existing ordinance addressing accessory dwelling units and junior accessory dwelling units is codified at Chapter 27.19; and
WHEREAS, Government Code Sections 65852.2 and 65852.22 govern accessory dwelling units and junior accessory dwelling units and were recently amended; and WHEREAS, these changes in state law necessitate amendments to Chapter 27.19; and WHEREAS, Government Code Section 65852.2(a)(1)(B) authorizes cities to impose standards on accessory dwelling units in conformance with state law that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum unit size, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources; and WHEREAS, Government Code Section 65852.2(h)(A) provides that the state Department of Housing and Community Development (HCD) is to make findings regarding local agency ordinance compliance with Section 65852.2.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. Legislative Findings. The City Council of the City of San Mateo finds:
(a) The City’s amended ordinance that establishes development standards for accessory dwelling units and junior accessory dwelling units is consistent with Government Code Sections 65852.2 and 65852.22. (b) The side and rear setback and parking standards for accessory dwelling units in the City’s amended ordinance are in conformance with Government Code Section 65852.2(a)(1)(B). (c) In order to allow vehicles exiting lots to see passing pedestrians and vehicles, ADUs are not permitted within a required front yard setback.
Section 2. Subsection (c) of Section 27.04.165 of the San Mateo Municipal Code is amended as follows:
27.04.165 DWELLING.
"Dwelling" means a building or portion thereof, designed or used exclusively for residential occupancy, including a one-family dwelling unit, an accessory dwelling unit, a junior accessory unit, a two-family dwelling unit, and a multiple-family dwelling unit but does not include a hotel, motel, boarding or lodging houses or other lodging facilities, or a vessel or boat, or a house trailer. 85 of 150
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(a) "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, is accessory to the primary single-family residential dwelling unit, and includes permanent provisions for living, sleeping, eating, cooking facilities and sanitation on the same parcel as the primary residential dwelling unit. (b) "Bachelor, efficiency or studio unit" means a dwelling unit consisting of one principal room used for living and sleeping purposes, plus cooking facilities, a bathroom, and closets. (c) "Junior accessory dwelling unit" means an additional, independent living unit constructed within the walls of a proposed or legally existing single-family residence, including attached garages. (d) "Multiple-family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other. (e) "One-family dwelling" means a building containing one cooking facility only and designed exclusively for use and occupancy by one family, including the provision of interior access to all bedrooms, and may include a junior accessory dwelling unit within the principal dwelling. (f) "Two-family dwelling" means a building(s) designed or altered to provide attached (duplex) or detached dwelling units for occupancy by two families living independently of each other.
Section 3. Section 27.19.010 of the San Mateo Municipal Code is amended as follows:
27.19.010 PURPOSE.
The purpose of this Article is to set forth regulations to permit accessory dwelling units (ADUs) in accordance with state law.
Section 4. Section 27.19.020 of the San Mateo Municipal Code is amended as follows:
27.19.020 RESERVED.
Section 5. Section 27.19.030 of the San Mateo Municipal Code is amended as follows:
27.19.030 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) An ADU shall not be sold separately from the primary residence. (b) If an ADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
Section 6. Section 27.19.040 of the San Mateo Municipal Code is amended as follows:
27.19.040 MINISTERIAL PERMIT APPROVAL.
An ADU permit application for either an attached or a detached ADU is required in order to demonstrate that a unit is in compliance with the provisions of this Article. If the ADU is in full compliance with the provisions 86 of 150
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of this Article, a ministerial, non-discretionary permit will be issued. Notwithstanding anything to the contrary in this Code, the issuance of a ministerial ADU permit is not appealable.
Section 7. Section 27.19.045 of the San Mateo Municipal Code is added to Chapter 27.19 as follows:
27.19.045 DISCRETIONARY REVIEW AS ALTERNATIVE TO MINISTERIAL APPROVAL. (a) As an alternative to ministerial review, an applicant may submit an application for discretionary review of an ADU proposal that is not in full compliance with the provisions of this Article. (b) The application for discretionary approval shall be granted if the Zoning Administrator finds each of the following:
(1) The proposed ADU is consistent with all applicable objective design standards in the adopted R1 Single-Family Dwelling Design Guidelines;
(2) The proposed ADU would not result in a negative privacy impact on an abutting residential lot; and
(3) The proposed ADU would not result in a negative impact to public health, safety, or welfare. (c) The decision of the Zoning Administrator shall not preclude the ability of an applicant to receive a ministerial permit pursuant to Section 27.19.040 for an ADU that is in full compliance with the provisions of this Article.
(d) The decision of the Zoning Administrator may be appealed to the Planning Commission, and the decision of the Planning Commission may be appealed to the City Council, in accordance with SMMC 27.08.090 (a). The decision of the Planning Commission shall be final.
Section 8. Section 27.19.050 of the San Mateo Municipal Code is amended as follows:
27.19.050 DEVELOPMENT STANDARDS
An ADU, as defined in Section 27.04.165, shall comply with the following development standards:
(a) Permitted Zoning Districts. ADUs shall only be constructed on a lot zoned to allow residential uses. (b) Number of Units. No more than the number of ADUs allowed by state law may be constructed on any lot.
(c) State Exempted “By Right” ADUs. An attached or detached ADU of at least 800 square-feet in size and of at least 16 feet in building height with four-foot side and rear setbacks may be constructed on a lot regardless of any size limitation based on the size of the proposed or existing primary dwelling, lot coverage, floor area ratio, daylight plane, open space, or minimum lot size that would otherwise preclude or limit its construction. The floor area of any new ADU in excess of 800 square feet shall be applied to the maximum floor area allowance of the subject lot as prescribed by the underlying zoning district. 87 of 150
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(d) Maximum Unit Size. Floor area size maximums for both attached and detached ADU development in excess of 800 square feet are governed by the floor area maximum established by the underlying zoning district and remaining floor area allowance available on the lot. In instances when the existing floor area allowance of a lot has been fully utilized, only the state exempted “by right” ADU of up to 800 square feet is permitted. (1) Accessory Dwelling Unit Conversions. An ADU conversion within the walls of an existing primary residence or accessory structure is not subject to size requirements. ADU conversions may be expanded up to 150 square feet beyond the existing footprint provided the expansion is used to accommodate ingress and egress to the ADU.
(2) Detached Accessory Dwelling Unit and Junior Accessory Dwelling Unit. Subject to the floor area requirements, one new detached ADU may be constructed on a lot with a junior accessory dwelling unit (JADU).
(e) Height. The specific height maximums are applicable to all zoning districts which permit ADUs. (1) Attached Accessory Dwelling Units. Maximum building height for an attached ADU is <16, 20 or 24> 24 feet to top plateline and 32<24, 28 or 32> feet to roof peak as measured from existing grade. (2) Detached Accessory Dwelling Units. Maximum building height for a detached ADU is 16<16, 20 or 24> feet to top plateline and 24<24, 28 or 32> feet to roof peak as measured from existing grade. (3) Alternative Discretionary Review for Detached Accessory Dwelling Units. For a detached ADU proposed to exceed the height limit, an application for discretionary review, pursuant to Section
27.19.045, may be submitted.
(f) Setbacks. An ADU shall have setbacks as follows:
(1) No setback shall be required for an existing legally permitted garage or accessory structure that is converted to an ADU which is constructed in the same location and to the same dimensions as the existing structure.
(2) A minimum setback of four feet shall be required from the side and rear lot lines for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage.
(3) A minimum setback from the front lot line, as required in the lot’s underlying zone district, shall be required for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage. (g) The ADU, whether attached or detached, shall provide a separate exterior entrance, and permanent provisions for living, sleeping, eating, cooking, and sanitation. (h) Location of Accessory Dwelling Unit. The ADU may be within, attached to, or detached from the primary dwelling unit. ADUs shall be accessory to the primary residence and are permitted in the same locations on the parcel as the primary residence as specified in the underlying zoning district. 88 of 150
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(i) Number and Type of Required Parking Spaces.
(1) General Requirements. There shall be a minimum of one standard size off-street parking space for each ADU. All required parking spaces shall be a minimum of 10 feet wide by 18 feet long without any obstructions. Parking associated with ADU or JADU development, whether required or voluntary, must be located entirely on the same lot, and may be provided in a garage, carport, uncovered, or in tandem orientation. Additionally, maximum driveway width for single-car garages may be up to 20 feet to accommodate additional off-street parking. The required parking for the primary residential dwelling unit must comply with current standards, as specified by the underlying zoning district.
(2) Location of Parking for Accessory Dwelling Units. Parking for the accessory dwelling unit may be located in the required front, side, and rear yard setback areas. (3) Replacement off-street parking is not required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU. (4) Parking Exemptions. No additional off-street parking shall be required for an ADU in the following instances:
(A) The ADU is located within one-half (1/2) mile walking distance of public transit; or (B) The ADU is located within an architecturally and historically significant historic district; or
(C) The ADU is in part of the proposed or existing legally permitted primary residence or an existing legally permitted accessory structure; or
(D) In an area requiring on-street parking, permits are required but not offered to the occupant of the ADU; or
(E) When the ADU is located within one block of a car share location. (5) Voluntary Parking. If no parking space is required, a maximum of one off-street parking space per ADU or JADU may be voluntarily provided.
(j) Architectural Standards. New ADUs and conversions of an existing legally permitted structure shall be designed to comply with the following standards:
(1) Attached Accessory Dwelling Units. ADUs that are attached to the primary dwelling unit shall:
(A) Be of the same architectural style as the primary dwelling unit; (B) Be constructed of similar exterior materials, finishes, and family of colors as the primary dwelling unit;
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(C) Offset windows from neighbor's windows to maximize privacy; and (D) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (i) Application of the daylight plane requirement shall not preclude a State Exempted “By Right” ADU as defined in this Chapter.
(2) Detached Accessory Dwelling Unit. An ADU that is detached from the primary dwelling unit shall:
(A) In instances when an ADU is attached to an accessory structure, provide a uniform and integrated design with that accessory structure;
(B) Offset windows from neighbor's windows to maximize privacy; (C) Provide and maintain obscured glazing on second-story windows up to five feet from the finished floor when the windows are located within five feet of a lot line with an abutting residential lot;
(D) When an exterior staircase is proposed, it shall have a setback of at least five feet from the nearest lot line and the size of the second story landing shall be limited to the minimum area required to allow ingress and egress as specified by the California Building Code; (i) For an ADU on the second story that seeks to have a larger second story deck or balcony, an application for discretionary review, pursuant to Section 27.19.0450, shall be submitted.
(D)(E) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (k) Development Impact Fees. Development impact fees for ADUs shall be established in an amount set forth by resolution of the City Council.
(l) Utility Service. If an ADU is constructed within existing space, a separate water connection, a sewer service connection, or power connection is not required for an ADU. If an ADU is not constructed within existing space, the City may require new or separate utility connections. (m) Utility Fees. For an ADU located within an existing structure, payment of a connection fee or capacity charge is not required. For an ADU that is separate from an existing structure, the City will require payment of a connection fee or capacity charge that is proportionate to the ADU’s burden. (n) Address Assignment. An application for a building permit for an ADU must include application for a separate address assignment.
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(o) Other Requirements. All other zoning requirements shall be complied with unless an authorized variance is approved.
(p) For ADUs proposed within an existing multi-family structure or on a lot with an existing multi-family dwelling, the provisions of Government Code Section 65852.2(e)(1) apply.
Section 9. Section 27.19.060 of the San Mateo Municipal Code is amended as follows:
27.19.060 RESERVED.
Section 10. Section 27.19.070 of the San Mateo Municipal Code is amended as follows:
27.19.070 PURPOSE.
The purpose of this Article is to set forth regulations to permit junior accessory dwelling units (JADUs).
Section 11. Section 27.19.080 of the San Mateo Municipal Code is amended as follows:
27.19.080 RESERVED.
Section 12. Section 27.19.090 of the San Mateo Municipal Code is amended as follows:
27.19.090 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) A JADU shall not be sold separately from the primary residence. (b) If a JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
Section 13. Section 27.19.100 of the San Mateo Municipal Code is amended as follows:
27.19.100 MINISTERIAL PERMIT REQUIRED.
A JADU permit application is required in order to demonstrate that the unit is in compliance with the provisions of this Article. If the JADU is in full compliance with the provisions of this Article, a ministerial, non- discretionary permit shall be issued.
Section 14. Section 27.19.110 of the San Mateo Municipal Code is amended as follows:
27.19.110 DEVELOPMENT STANDARDS.
A "junior accessory dwelling unit," as defined in Section 27.04.165, must comply with the following development standards:
(a) Permitted Zoning Districts. JADUs shall only be constructed on lots zoned to allow single-family residential use, or for which a single-family residence exists or is proposed to be built. The residential lot shall not be part of a condominium, townhouse, or other multi-family development. 91 of 150
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(b) Limit to the Number of Junior Accessory Dwelling Units. The number of JADUs is limited to one per residential lot with a single-family residence. Lots with multi-family housing or more than one detached single- family dwelling are not eligible for JADUs.
(c) Setback and Other Zoning Regulations. For purposes of setbacks and other zoning regulations, the JADU shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district.
(d) Maximum Unit Size. The floor area of a JADU shall not exceed 650 square feet, including attic and basement areas as defined in Section 27.04.200 for the applicable zoning district. (e) Construct within Existing Structure. The JADU shall be constructed within the walls of the proposed or legally existing single-family dwelling unit, including an attached garage. Detached accessory structures, including detached garages or carports, are not permitted to be converted into JADUs. (f) Unit Access. A JADU must include:
(1) A separate exterior entry from the main entrance to the single-family dwelling, which shall be provided to serve the JADU only; and
(2) An interior entry access between the JADU and the single-family dwelling. This interior entry access may be a door equipped with a double lock. A permitted JADU may include a second interior door for sound attenuation.
(g) Efficiency Food Preparation Area. A JADU shall include an efficiency kitchen that includes the following components:
(1) Cooking facility with appliances; and
(2) Food preparation counter and storage with cabinets that are of reasonable size in relation to the size of the JADU.
(h) Sanitation Facilities. A JADU may include its own separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.
(i) Building and Fire Requirements.
(1) No fire wall separation or noise attenuation measures are required between the main dwelling and the JADU. No fire sprinklers are required for the JADU, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 23, Building and Construction, of the San Mateo Municipal Code. The JADU shall have an adjoining door connected to the main living area for fire separation. A smoke alarm shall be required in the JADU and shall be connected to the smoke alarm in the main residence.
(2) The JADU shall be equipped with a carbon monoxide detector. 92 of 150
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(j) Utility Service. A separate water connection, a separate sewer service connection, and power connection as water, sewer, and power service is not required for a JADU. (k) Parking. No additional off-street parking is required for a JADU. (l) Address Assignment. An application for a building permit for a JADU must include application for a separate address assignment.
Section 15. Section 27.19.120 of the San Mateo Municipal Code is amended as follows:
27.19.120 RECORDATION OF DEED RESTRICTION.
(a) A deed restriction shall be recorded to run with the land and submitted to the City prior to building permit issuance which indicates the following:
(1) The property owner must occupy either the single-family residence or the JADU. (2) If the JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
(3) Sale of the JADU separately from the single-family residence is prohibited. (4) The approved size and attributes of the JADU.
(b) A copy of this deed restriction must be given to each prospective occupant.
Section 16. Environmental Determination. In accordance with Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines, section 15282(h), the portion of this ordinance addressing accessory dwelling units is statutorily exempt from CEQA, because it relates to second units in a single family or multifamily residential zone. In accordance with CEQA Guidelines Section 15061(b)(3), the portion of this ordinance addressing junior accessory dwelling units is exempt from CEQA, because it can be seen with certainty that there is no possibility that amending the City’s Zoning Code to comply with state law requirements pertaining to junior accessory dwelling units within existing residences will have a significant effect on the environment.
Section 17. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 18. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 19. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 93 of 150
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Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: PUBLIC HEARING File ID: 21-5658 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: February 22, 2022
SUBJECT:
Ordinance Introduction – Accessory Dwelling Unit Ordinance Amendments RECOMMENDATION:
Introduce an Ordinance to amend San Mateo Municipal Code Chapter 27.19 – “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones” in accordance with changes to State law and to amend San Mateo Municipal Code Section 27.04.165 by adding a definition for “Junior accessory dwelling unit.” BACKGROUND:
On January 1, 2020, State legislation with updated regulations for accessory dwelling units (ADUs) and junior ADUs (JADUs) went into effect. These regulations established minimum standards and requirements that all jurisdictions were required to comply with and superseded all local ADU ordinances. On March 2, 2020, the City Council held a study session to receive an update on the changes to ADU and JADU regulations. Following public comments and discussion, the Council directed staff to conduct public outreach to receive input from the community on how the City’s ADU ordinance should be updated. Following a delay due to the pandemic, an interim ADU ordinance was brought back to the Council in the spring of 2021, but it was sent back with direction to conduct additional public outreach. In the summer of 2021, additional community outreach, which included an online survey and two virtual community workshops, was conducted. Based on the community input that was received, staff prepared an updated ADU and JADU Ordinance for consideration by the Planning Commission and City Council.
On August 24, 2021, the Planning Commission held a public hearing to consider the updated ADU Ordinance. Following public comments and deliberation, the Commission voted to recommend approval of the updated ADU Ordinance with several modifications for the City Council to consider. These recommended modifications included increasing the maximum allowable size for JADUs to 650 square feet; using a lot’s remaining floor area allowance to govern the size of an ADU rather than establishing a maximum size limit; modifying the objective design standards for second-story windows, balconies, and decks; eliminating the owner-occupancy requirement for ADUs after 2024; and including incentives for ADU construction that exceeds the City’s REACH codes. Additionally, the Commission recommended that the City Council consider removing the R1/R2 daylight plane requirements on ADUs and for staff to provide a graphic study to examine the impacts of imposing the daylight plane on two-story ADUs built at or near the four-foot side yard setback.
On September 7, 2021, the City Council held a study session to consider the updated ADU Ordinance and the Planning Commission’s recommendations. The Council expressed support for allowing the available remaining floor area on a lot to govern the size of an ADU rather than prescribing a specific size maximum and refining the code language related to second-story decks and balconies to allow them in certain instances. The recommendation to incentivize ADU construction that goes beyond the City’s REACH code requirements did not find majority support among the Councilmembers. The Council also deliberated on the appropriate height limit for ADUs, with three height limit options under consideration:
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16 feet to top plate line/24 feet to roof peak
20 feet to top plate line/28 feet to roof peak
24 feet to top plate line/32 feet to roof peak
A final height limit was not settled upon, with discussion around whether or not to require a daylight plane to reduce impacts on adjacent properties while also not unduly limiting the ability to build a two-story ADU. Following the discussion, the Council directed staff to provide additional height and daylight plane graphics to illustrate how the daylight plane would affect two-story ADUs of various heights and roof designs.
For reference and additional background, the September 7, 2021 City Council meeting minutes and agenda report (no attachments) are included as Attachment 4 and Attachment 5.
DISCUSSION:
The draft ADU Ordinance that is before the City Council was informed by the requirements of the Department of Housing and Community Development (HCD); community input received during public outreach over the past year; peer review of the development standards adopted by other jurisdictions in the county; staff recommendations based on experience processing ADU permits; and the recommendations previously received from both the Planning Commission and City Council. A clean copy of the draft Ordinance is included as Attachment 1, and a tracked changes version of the Ordinance that reflects the changes from the City’s current Ordinance is included as Attachment 2.
ADU Height and Daylight Plane
One of the main issues that remains to be resolved with the updated ADU Ordinance is the height limit. Any of the three height limits under consideration would exceed the minimum 16-foot height requirement specified by State law. All three height limit options would allow for the construction of a two-story ADU, but the two taller height limits would allow for a wider range of two-story ADU sizes and styles. It should also be noted the tallest height option (24 feet/32 feet) is the building height limit in the R1/R2 zoning districts. However, single-family structures in these zoning districts are also required to comply with larger setbacks and the daylight plane.
The R1/R2 daylight plane is applied at each side yard property line, starting at a height of 12 feet and extending into the lot at an angle of 45 degree. All portions of a structure must be within the daylight plane, with the exception of antennas, chimneys, eaves, skylights, and dormers or similar architectural features. The daylight plane is intended to provide for additional light and air between taller structures and to reduce the impacts of bulk and mass on neighboring properties by requiring taller portions of a house to be built toward the interior of the lot. Additionally, single-family residences are required to provide a side yard setback of at least 5-7 feet and a rear yard setback of at least 15 feet, with a setback of 25 feet for second-story elements. These setback requirements are not applicable to ADUs.
To better understand how the daylight plane could impact the height and design of a detached ADU, the City contracted with Larry Cannon of Cannon Design Group to prepare graphics and photo examples of ADUs and how they could be constructed within the height limit and daylight plane. The goal of the graphics is to visualize the effects of the daylight plane on ceiling heights, building heights, and setbacks for two-story detached ADUs of varied roof forms with a zero setback at the side property line (i.e., when built over an existing garage) and new construction ADUs built with a four-foot side setback. This includes conceptual cross-sections and photo examples showing different architectural designs and how they interact with the height limit and daylight plane. These graphics and photographs are included as Attachment 3.
Based on this information, staff is asking Council to determine the appropriate height limit for ADUs in the City and if they should be subject to the R1/R2 daylight plane. The height limit is contained in Section 27.19.050 (e) of the draft Ordinance (highlighted) and can be modified based on the Council’s final decision. The daylight plane requirement is contained in Section 27.19.050 (j) of the draft Ordinance.
Second Story Decks
The other main issue for Council consideration is how to best regulate decks for two-story ADUs. Based on previous Council feedback and the Planning Commission’s recommendation, there is support for allowing two-story ADUs to have 467 of 663
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decks if the property owner is interested. It should be noted that since January 1, 2020, the City has received a total of 174 applications for ADUs and only 18 of those applications proposed a two-story ADU. The limited interest in two-story ADUs is likely related to the higher cost of building a two-story structure and that most new ADUs are between 400-700 square feet, so a second story is not necessary to achieve the desired size. However, given the interest in allowing for two-story ADUs and providing flexibility for second story decks if requested, the following design standards are proposed:
When an exterior stair is proposed, it shall have a setback of at least five feet from the nearest property line and the size of the second story landing shall be limited to the minimum area required to allow ingress and egress as specified by the California Building Code.
For a two-story ADU that seeks to have a larger second story deck or balcony, an application for discretionary review, pursuant to Section 27.19.050, shall be submitted.
The wide range of neighborhood contexts, topography and adjacent property relationships present difficulties in establishing objective standards for second story decks while still maintaining a reasonable level of privacy for adjacent properties. Thus, staff is recommending that for new two-story ADUs that include a second story deck, a Zoning Administrator level planning application be submitted to allow for a more context specific review before a new deck or balcony is approved. This discretionary review would be an alternative to the ministerial approval process for applications that meet all of the City’s objective standards. Providing an alternative discretionary review process is consistent with guidance from HCD. This is consistent with how the City reviews and approves second story decks for two-story single- family dwellings.
Alternative Discretionary Review Process
In addition to the changes outlined above, Section 27.19.050 has been revised to include a discretionary review as alternative to a ministerial approval for ADUs. This section would allow for an application for discretionary review of an ADU proposal that is not in full compliance with the requirements in the City’s ADU Ordinance. This discretionary process would allow staff to review ADU applications individually when there are context-specific circumstances, such as topography or an odd shaped lot, that require unique design elements that may not be consistent with the objective standards in the ADU Ordinance. The Zoning Administrator would need to make findings related to neighborhood scale, privacy and health, safety and welfare, and the decision could be appealed to the Planning Commission.
However, there is an open question as to whether the decision of the Planning Commission on appeal should be final or appealable to the City Council. The draft Ordinance provides that the Commission action on appeal would be final (Section
27.19.045(d), highlighted), which would be consistent with establishing a review process that is not too lengthy. But this is not a legal requirement and can be removed if the preference is for the Council to be the final decisionmaker on an appeal.
An example of the type of ADU design proposal that could utilize this alternative discretionary review process would be a request for a second-story deck that faces an abutting residential property. Staff would be able to review the size of the lot, location of the ADU in relation to the abutting property, and any other existing conditions on the property that could be considered in making the findings for the entitlement.
ADU and JADU Size Limits
As outlined in State law, a jurisdiction must allow (1) ADUs of at least 850 square feet for a studio or one-bedroom and 1,000 square feet for an ADU with more than one bedroom, up to a maximum of 1,200 square feet, and (2) JADUs of at least 500 square feet. However, HCD staff have stated that the City can allow ADUs that exceed 1,200 square feet and JADUs that exceed 500 square feet, if desired. Based on input provided by the Planning Commission and City Council, as noted in the Background section above, the draft Ordinance has a size limit of 650 square feet for JADUs and no size limit for ADUs, provided that they do not exceed the FAR for the underlying zoning district.1 But, these proposed size limits can be adjusted if there is Council interest.
1 ADUs up to 800 square feet in size are allowed “by-right” even if they exceed a lot’s FAR; ADUs that exceed 800 square feet can be subject to FAR limits.
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NEXT STEPS:
Following introduction, the Ordinance will be brought back for a second reading and adoption at the next available City Council meeting, and the Ordinance will go into effect 30 days afterwards. In addition, the City is required to submit the approved Ordinance to HCD within 60 days of adoption for final review and acceptance by the State. If HCD identifies inconsistencies between the City’s Ordinance and State law, a follow-up code amendment may be necessary. However, based on prior discussions with HCD and internal review, the draft Ordinance appears to be fully consistent with State law and, in many aspects, it exceeds the minimums established by State law.
Once the ADU Ordinance is adopted, staff will update all ADU related handouts, educational materials and the website to reflect the updated requirements for developing ADUs and JADUs. In addition, one or two community workshops will be scheduled later in the year to provide an overview of the City’s updated ADU regulations and a forum to answer resident questions.
BUDGET IMPACT:
Costs associated with the ADU Code amendments, including staff time and other related activities, is funded as part of the Community Development Department’s annual budget.
ENVIRONMENTAL DETERMINATION:
In accordance with Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines, section 15282(h), the portion of this ordinance addressing accessory dwelling units is statutorily exempt from CEQA, because it relates to second units in a single family or multifamily residential zone. In accordance with CEQA Guidelines Section 15061(b)(3), the portion of this ordinance addressing junior accessory dwelling units is exempt from CEQA, because it can be seen with certainty that there is no possibility that amending the City’s Zoning Code to comply with state law requirements pertaining to junior accessory dwelling units within existing residences will have a significant effect on the environment.
PUBLIC COMMENTS:
Planning Division staff has communicated with numerous residents about State ADU regulations, the City’s updated ADU Ordinance and general ADU permitting and development questions since the September 7, 2021, City Council study session. While all of this correspondence is not included, all communications that specifically addressed the City’s draft ADU Ordinance, a total of seven to-date, are included with this agenda report (Attachment 6).
NOTICE PROVIDED:
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 – Draft ADU Ordinance
Att 2 – Draft ADU Ordinance (track changed)
Att 3 – ADU Height and Daylight Plane Graphics
Att 4 – City Council Meeting Minutes 9-7-21
Att 5 – City Council Agenda Report 9-7-21 (no attachments) Att 6 – Public Comments
STAFF CONTACT
Zachary Dahl, AICP, Deputy Director
[email protected]
(650) 522-7207
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DRAFT ORDINANCE
Amend Section 27.04.165 “Dwelling,” to add a definition for “Junior Accessory Dwelling Unit,” and Amend Various Sections of Chapter 27.19, “Accessory Dwelling Unit and Junior Accessory Dwelling Unit – Residential Zones,” of the San Mateo Municipal Code.
WHEREAS, an existing ordinance addressing accessory dwelling units and junior accessory dwelling units is codified at Chapter 27.19; and
WHEREAS, Government Code Sections 65852.2 and 65852.22 govern accessory dwelling units and junior accessory dwelling units and were recently amended; and WHEREAS, these changes in state law necessitate amendments to Chapter 27.19; and WHEREAS, Government Code Section 65852.2(a)(1)(B) authorizes cities to impose standards on accessory dwelling units in conformance with state law that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum unit size, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Resources; and WHEREAS, Government Code Section 65852.2(h)(A) provides that the state Department of Housing and Community Development (HCD) is to make findings regarding local agency ordinance compliance with Section 65852.2.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1. Legislative Findings. The City Council of the City of San Mateo finds:
(a) The City’s amended ordinance that establishes development standards for accessory dwelling units and junior accessory dwelling units is consistent with Government Code Sections 65852.2 and 65852.22. (b) The side and rear setback and parking standards for accessory dwelling units in the City’s amended ordinance are in conformance with Government Code Section 65852.2(a)(1)(B). (c) In order to allow vehicles exiting lots to see passing pedestrians and vehicles, ADUs are not permitted within a required front yard setback.
Section 2. Subsection (c) of Section 27.04.165 of the San Mateo Municipal Code is amended as follows:
27.04.165 DWELLING.
"Dwelling" means a building or portion thereof, designed or used exclusively for residential occupancy, including a one-family dwelling unit, an accessory dwelling unit, a junior accessory unit, a two-family dwelling unit, and a multiple-family dwelling unit but does not include a hotel, motel, boarding or lodging houses or other lodging facilities, or a vessel or boat, or a house trailer. 470 of 663
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(a) "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, is accessory to the primary single-family residential dwelling unit, and includes permanent provisions for living, sleeping, eating, cooking facilities and sanitation on the same parcel as the primary residential dwelling unit. (b) "Bachelor, efficiency or studio unit" means a dwelling unit consisting of one principal room used for living and sleeping purposes, plus cooking facilities, a bathroom, and closets. (c) "Junior accessory dwelling unit" means an additional, independent living unit constructed within the walls of a proposed or legally existing single-family residence, including attached garages. (d) "Multiple-family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other. (e) "One-family dwelling" means a building containing one cooking facility only and designed exclusively for use and occupancy by one family, including the provision of interior access to all bedrooms, and may include a junior accessory dwelling unit within the principal dwelling. (f) "Two-family dwelling" means a building(s) designed or altered to provide attached (duplex) or detached dwelling units for occupancy by two families living independently of each other.
Section 3. Section 27.19.010 of the San Mateo Municipal Code is amended as follows:
27.19.010 PURPOSE.
The purpose of this Article is to set forth regulations to permit accessory dwelling units (ADUs) in accordance with state law.
Section 4. Section 27.19.020 of the San Mateo Municipal Code is amended as follows:
27.19.020 RESERVED.
Section 5. Section 27.19.030 of the San Mateo Municipal Code is amended as follows:
27.19.030 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) An ADU shall not be sold separately from the primary residence. (b) If an ADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
Section 6. Section 27.19.040 of the San Mateo Municipal Code is amended as follows:
27.19.040 MINISTERIAL PERMIT APPROVAL.
An ADU permit application for either an attached or a detached ADU is required in order to demonstrate that a unit is in compliance with the provisions of this Article. If the ADU is in full compliance with the provisions 471 of 663
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of this Article, a ministerial, non-discretionary permit will be issued. Notwithstanding anything to the contrary in this Code, the issuance of a ministerial ADU permit is not appealable.
Section 7. Section 27.19.045 of the San Mateo Municipal Code is added to Chapter 27.19 as follows:
27.19.045 DISCRETIONARY REVIEW AS ALTERNATIVE TO MINISTERIAL APPROVAL. (a) As an alternative to ministerial review, an applicant may submit an application for discretionary review of an ADU proposal that is not in full compliance with the provisions of this Article. (b) The application for discretionary approval shall be granted if the Zoning Administrator finds each of the following:
(1) The proposed ADU is consistent with all applicable objective design standards in the adopted R1 Single-Family Dwelling Design Guidelines;
(2) The proposed ADU would not result in a negative privacy impact on an abutting residential lot; and
(3) The proposed ADU would not result in a negative impact to public health, safety, or welfare. (c) The decision of the Zoning Administrator shall not preclude the ability of an applicant to receive a ministerial permit pursuant to Section 27.19.040 for an ADU that is in full compliance with the provisions of this Article.
(d) The decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with SMMC 27.08.090 (a). The decision of the Planning Commission shall be final.
Section 8. Section 27.19.050 of the San Mateo Municipal Code is amended as follows:
27.19.050 DEVELOPMENT STANDARDS
An ADU, as defined in Section 27.04.165, shall comply with the following development standards:
(a) Permitted Zoning Districts. ADUs shall only be constructed on a lot zoned to allow residential uses. (b) Number of Units. No more than the number of ADUs allowed by state law may be constructed on any lot.
(c) State Exempted “By Right” ADUs. An attached or detached ADU of at least 800 square-feet in size and of at least 16 feet in building height with four-foot side and rear setbacks may be constructed on a lot regardless of any size limitation based on the size of the proposed or existing primary dwelling, lot coverage, floor area ratio, daylight plane, open space, or minimum lot size that would otherwise preclude or limit its construction. The floor area of any new ADU in excess of 800 square feet shall be applied to the maximum floor area allowance of the subject lot as prescribed by the underlying zoning district. 472 of 663
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(d) Maximum Unit Size. Floor area size maximums for both attached and detached ADU development in excess of 800 square feet are governed by the floor area maximum established by the underlying zoning district and remaining floor area allowance available on the lot. In instances when the existing floor area allowance of a lot has been fully utilized, only the state exempted “by right” ADU of up to 800 square feet is permitted. (1) Accessory Dwelling Unit Conversions. An ADU conversion within the walls of an existing primary residence or accessory structure is not subject to size requirements. ADU conversions may be expanded up to 150 square feet beyond the existing footprint provided the expansion is used to accommodate ingress and egress to the ADU.
(2) Detached Accessory Dwelling Unit and Junior Accessory Dwelling Unit. Subject to the floor area requirements, one new detached ADU may be constructed on a lot with a junior accessory dwelling unit (JADU).
(e) Height. The specific height maximums are applicable to all zoning districts which permit ADUs. (1) Attached Accessory Dwelling Units. Maximum building height for an attached ADU is <16, 20 or 24> feet to top plateline and <24, 28 or 32> feet to roof peak as measured from existing grade. (2) Detached Accessory Dwelling Units. Maximum building height for a detached ADU is <16, 20 or 24> feet to top plateline and <24, 28 or 32> feet to roof peak as measured from existing grade. (f) Setbacks. An ADU shall have setbacks as follows:
(1) No setback shall be required for an existing legally permitted garage or accessory structure that is converted to an ADU which is constructed in the same location and to the same dimensions as the existing structure.
(2) A minimum setback of four feet shall be required from the side and rear lot lines for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage.
(3) A minimum setback from the front lot line, as required in the lot’s underlying zone district, shall be required for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage. (g) The ADU, whether attached or detached, shall provide a separate exterior entrance, and permanent provisions for living, sleeping, eating, cooking, and sanitation. (h) Location of Accessory Dwelling Unit. The ADU may be within, attached to, or detached from the primary dwelling unit. ADUs shall be accessory to the primary residence and are permitted in the same locations on the parcel as the primary residence as specified in the underlying zoning district. (i) Number and Type of Required Parking Spaces.
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(1) General Requirements. There shall be a minimum of one standard size off-street parking space for each ADU. All required parking spaces shall be a minimum of 10 feet wide by 18 feet long without any obstructions. Parking associated with ADU or JADU development, whether required or voluntary, must be located entirely on the same lot, and may be provided in a garage, carport, uncovered, or in tandem orientation. Additionally, maximum driveway width for single-car garages may be up to 20 feet to accommodate additional off-street parking. The required parking for the primary residential dwelling unit must comply with current standards, as specified by the underlying zoning district.
(2) Location of Parking for Accessory Dwelling Units. Parking for the accessory dwelling unit may be located in the required front, side, and rear yard setback areas. (3) Replacement off-street parking is not required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU. (4) Parking Exemptions. No additional off-street parking shall be required for an ADU in the following instances:
(A) The ADU is located within one-half (1/2) mile walking distance of public transit; or (B) The ADU is located within an architecturally and historically significant historic district; or
(C) The ADU is in part of the proposed or existing legally permitted primary residence or an existing legally permitted accessory structure; or
(D) In an area requiring on-street parking, permits are required but not offered to the occupant of the ADU; or
(E) When the ADU is located within one block of a car share location. (5) Voluntary Parking. If no parking space is required, a maximum of one off-street parking space per ADU or JADU may be voluntarily provided.
(j) Architectural Standards. New ADUs and conversions of an existing legally permitted structure shall be designed to comply with the following standards:
(1) Attached Accessory Dwelling Units. ADUs that are attached to the primary dwelling unit shall:
(A) Be of the same architectural style as the primary dwelling unit; (B) Be constructed of similar exterior materials, finishes, and family of colors as the primary dwelling unit;
(C) Offset windows from neighbor's windows to maximize privacy; and 474 of 663
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(D) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (i) Application of the daylight plane requirement shall not preclude a State Exempted “By Right” ADU as defined in this Chapter.
(2) Detached Accessory Dwelling Unit. An ADU that is detached from the primary dwelling unit shall:
(A) In instances when an ADU is attached to an accessory structure, provide a uniform and integrated design with that accessory structure;
(B) Offset windows from neighbor's windows to maximize privacy; (C) Provide and maintain obscured glazing on second-story windows up to five feet from the finished floor when the windows are located within five feet of a lot line with an abutting residential lot;
(D) When an exterior staircase is proposed, it shall have a setback of at least five feet from the nearest lot line and the size of the second story landing shall be limited to the minimum area required to allow ingress and egress as specified by the California Building Code; (i) For an ADU on the second story that seeks to have a larger second story deck or balcony, an application for discretionary review, pursuant to Section 27.19.050, shall be submitted.
(E) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (k) Development Impact Fees. Development impact fees for ADUs shall be established in an amount set forth by resolution of the City Council.
(l) Utility Service. If an ADU is constructed within existing space, a separate water connection, a sewer service connection, or power connection is not required for an ADU. If an ADU is not constructed within existing space, the City may require new or separate utility connections. (m) Utility Fees. For an ADU located within an existing structure, payment of a connection fee or capacity charge is not required. For an ADU that is separate from an existing structure, the City will require payment of a connection fee or capacity charge that is proportionate to the ADU’s burden. (n) Address Assignment. An application for a building permit for an ADU must include application for a separate address assignment.
(o) Other Requirements. All other zoning requirements shall be complied with unless an authorized variance is approved.
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(p) For ADUs proposed within an existing multi-family structure or on a lot with an existing multi-family dwelling, the provisions of Government Code Section 65852.2(e)(1) apply.
Section 9. Section 27.19.060 of the San Mateo Municipal Code is amended as follows:
27.19.060 RESERVED.
Section 10. Section 27.19.070 of the San Mateo Municipal Code is amended as follows:
27.19.070 PURPOSE.
The purpose of this Article is to set forth regulations to permit junior accessory dwelling units (JADUs).
Section 11. Section 27.19.080 of the San Mateo Municipal Code is amended as follows:
27.19.080 RESERVED.
Section 12. Section 27.19.090 of the San Mateo Municipal Code is amended as follows:
27.19.090 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) A JADU shall not be sold separately from the primary residence. (b) If a JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
Section 13. Section 27.19.100 of the San Mateo Municipal Code is amended as follows:
27.19.100 MINISTERIAL PERMIT REQUIRED.
A JADU permit application is required in order to demonstrate that the unit is in compliance with the provisions of this Article. If the JADU is in full compliance with the provisions of this Article, a ministerial, non- discretionary permit shall be issued.
Section 14. Section 27.19.110 of the San Mateo Municipal Code is amended as follows:
27.19.110 DEVELOPMENT STANDARDS.
A "junior accessory dwelling unit," as defined in Section 27.04.165, must comply with the following development standards:
(a) Permitted Zoning Districts. JADUs shall only be constructed on lots zoned to allow single-family residential use, or for which a single-family residence exists or is proposed to be built. The residential lot shall not be part of a condominium, townhouse, or other multi-family development. 476 of 663
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(b) Limit to the Number of Junior Accessory Dwelling Units. The number of JADUs is limited to one per residential lot with a single-family residence. Lots with multi-family housing or more than one detached single- family dwelling are not eligible for JADUs.
(c) Setback and Other Zoning Regulations. For purposes of setbacks and other zoning regulations, the JADU shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district.
(d) Maximum Unit Size. The floor area of a JADU shall not exceed 650 square feet, including attic and basement areas as defined in Section 27.04.200 for the applicable zoning district. (e) Construct within Existing Structure. The JADU shall be constructed within the walls of the proposed or legally existing single-family dwelling unit, including an attached garage. Detached accessory structures, including detached garages or carports, are not permitted to be converted into JADUs. (f) Unit Access. A JADU must include:
(1) A separate exterior entry from the main entrance to the single-family dwelling, which shall be provided to serve the JADU only; and
(2) An interior entry access between the JADU and the single-family dwelling. This interior entry access may be a door equipped with a double lock. A permitted JADU may include a second interior door for sound attenuation.
(g) Efficiency Food Preparation Area. A JADU shall include an efficiency kitchen that includes the following components:
(1) Cooking facility with appliances; and
(2) Food preparation counter and storage with cabinets that are of reasonable size in relation to the size of the JADU.
(h) Sanitation Facilities. A JADU may include its own separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.
(i) Building and Fire Requirements.
(1) No fire wall separation or noise attenuation measures are required between the main dwelling and the JADU. No fire sprinklers are required for the JADU, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 23, Building and Construction, of the San Mateo Municipal Code. The JADU shall have an adjoining door connected to the main living area for fire separation. A smoke alarm shall be required in the JADU and shall be connected to the smoke alarm in the main residence.
(2) The JADU shall be equipped with a carbon monoxide detector. 477 of 663
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(j) Utility Service. A separate water connection, a separate sewer service connection, and power connection as water, sewer, and power service is not required for a JADU. (k) Parking. No additional off-street parking is required for a JADU. (l) Address Assignment. An application for a building permit for a JADU must include application for a separate address assignment.
Section 15. Section 27.19.120 of the San Mateo Municipal Code is amended as follows:
27.19.120 RECORDATION OF DEED RESTRICTION.
(a) A deed restriction shall be recorded to run with the land and submitted to the City prior to building permit issuance which indicates the following:
(1) The property owner must occupy either the single-family residence or the JADU. (2) If the JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
(3) Sale of the JADU separately from the single-family residence is prohibited. (4) The approved size and attributes of the JADU.
(b) A copy of this deed restriction must be given to each prospective occupant.
Section 16. Environmental Determination. In accordance with Public Resources Code Section 21080.17 and California Environmental Quality Act (CEQA) Guidelines, section 15282(h), the portion of this ordinance addressing accessory dwelling units is statutorily exempt from CEQA, because it relates to second units in a single family or multifamily residential zone. In accordance with CEQA Guidelines Section 15061(b)(3), the portion of this ordinance addressing junior accessory dwelling units is exempt from CEQA, because it can be seen with certainty that there is no possibility that amending the City’s Zoning Code to comply with state law requirements pertaining to junior accessory dwelling units within existing residences will have a significant effect on the environment.
Section 17. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 18. Publication. This ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 19. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption. 478 of 663
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CITY OF SAN MATEO
DRAFT ORDINANCE
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27.04.165 DWELLING.
"Dwelling" means a building or portion thereof, designed or used exclusively for residential occupancy, including a one-family dwelling unit, an accessory dwelling unit, a junior accessory unit, a two-family dwelling unit, and a multiple-family dwelling unit but does not include a hotel, motel, boarding or lodging houses or other lodging facilities, or a vessel or boat, or a house trailer. (a) "Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons, is accessory to the primary single-family residential dwelling unit, and includes permanent provisions for living, sleeping, eating, cooking facilities and sanitation on the same parcel as the primary residential dwelling unit. (b) "Bachelor, efficiency or studio unit" means a dwelling unit consisting of one principal room used for living and sleeping purposes, plus cooking facilities, a bathroom, and closets. (c) "Junior accessory dwelling unit" means an additional, independent living unit created through the conversion of an existing bedroom in a single-family dwelling subject to defined standards, as specified in Chapter 27.19 of this Title. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of an existing legally permitted bedroom(s) within an existing single- family dwelling (no new or additional building area); (2) are smaller in size (maximum size of 500 square feet); (3) contain either independent or shared bathroom facilities with the existing primary residence; (4) contain a small "efficiency food preparation area"; and (5) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 27.19. (c) "Junior accessory dwelling unit" means an additional, independent living unit constructed within the walls of a proposed or legally existing single-family residence, including attached garages. (d) "Multiple-family dwelling" means a building or portion thereof, designed or altered for occupancy by three or more families living independently of each other. (e) "One-family dwelling" means a building containing one cooking facility only and designed exclusively for use and occupancy by one family, including the provision of interior access to all bedrooms, and may include a junior accessory dwelling unit within the principal dwelling. (f) "Two-family dwelling" means a building(s) designed or altered to provide attached (duplex) or detached dwelling units for occupancy by two families living independently of each other.
Chapter 27.19
ACCESSORY DWELLING UNIT AND JUNIOR ACCESSORY DWELLING UNIT—RESIDENTIAL ZONES 479 of 663
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Article I Accessory Dwelling Unit
27.19.010 PURPOSE.
The purpose of this Article is to set forth regulations to permit accessory dwelling units on residential zoned properties (R1-A, R1-B, R1-C, R2, R3, R4, R5, R4D, R5D, R6D and BMSP)(ADUs) in accordance with a single- family residential use. A parcel with a single-family residential use, may have only one accessory dwelling unit (ADU) or one junior accessory dwelling unit (JADU), but not bothstate law.
27.19.020 PROHIBITION ON SUBDIVISION. RESERVED.
Properties with approved accessory dwelling units may not be subdivided at the time the units are approved or thereafter.
27.19.030 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) An accessory dwelling unitADU shall not be sold separately from the primary residence. (b) If an accessory dwelling unitADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
27.19.040 MINISTERIAL PERMIT APPROVAL.
An accessory dwelling unitADU permit application for either an attached or a detached accessory dwelling unitADU is required in order to demonstrate that a unit is in compliance with the provisions of this Article. If the accessory dwelling unitADU is in full compliance with the provisions of this Article, a ministerial, non-discretionary permit will be issued. Notwithstanding anything to the contrary in this Code, the issuance of a ministerial ADU permit is not appealable.
27.19.045 DISCRETIONARY REVIEW AS ALTERNATIVE TO MINISTERIAL APPROVAL. (a) As an alternative to ministerial review, an applicant may submit an application for discretionary review of an ADU proposal that is not in full compliance with the provisions of this Article. (b) The application for discretionary approval shall be granted if the Zoning Administrator finds each of the following:
(1) The proposed ADU is consistent with all applicable objective design standards in the adopted R1 Single-Family Dwelling Design Guidelines;
(2) The proposed ADU would not result in a negative privacy impact on an abutting residential lot; and
(3) The proposed ADU would not result in a negative impact to public health, safety, or welfare. 480 of 663
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(c) The decision of the Zoning Administrator shall not preclude the ability of an applicant to receive a ministerial permit pursuant to Section 27.19.040 for an ADU that is in full compliance with the provisions of this Article.
(d) The decision of the Zoning Administrator may be appealed to the Planning Commission in accordance with SMMC 27.08.090 (a). The decision of the Planning Commission shall be final.
27.19.050 DEVELOPMENT STANDARDS
An accessory dwelling unitADU, as defined in Section 27.04.165, shall comply with the following development standards:
(a) Permitted Zoning Districts. Accessory dwelling units shall only be constructed on residential zoned properties, specifically R1-A, R1-B, R1-C, R2, R3, R4, R5, R4D, R5D, R6D and BMSP, that have been developed with a single-family dwelling unit or an accessory dwelling unit is proposed to be built in conjunction with a single-family dwelling unit, where the single-family dwelling is the primary residential dwelling unit. The residential property shall not be part of a condominium, townhouse, or other multi-family developmentADUs shall only be constructed on a lot zoned to allow residential uses. (b) Number of Units. No more than one accessory dwelling unit the number of ADUs allowed by state law may be constructed on any site.lot.
(b)(c) State Exempted “By Right” ADUs. An accessory dwelling unit shall not be allowed on a site with more than one unit.attached or detached ADU of at least 800 square-feet in size and of at least 16 feet in building height with four-foot side and rear setbacks may be constructed on a lot regardless of any size limitation based on the size of the proposed or existing primary dwelling, lot coverage, floor area ratio, daylight plane, open space, or minimum lot size that would otherwise preclude or limit its construction. The floor area of any new ADU in excess of 800 square feet shall be applied to the maximum floor area allowance of the subject lot as prescribed by the underlying zoning district.
(c) Owner Occupancy. One of the dwelling units on the site shall be owner-occupied. (d) Maximum Unit Size. The floor area of an accessory dwelling unit shall not exceed 640 square feet including attic and basement areas as defined in Floor area size maximums for the applicable both attached and detached ADU development in excess of 800 square feet are governed by the floor area maximum established by the underlying zoning district, provided that the total and remaining floor area forallowance available on the parcel or lot does not exceed. In instances when the maximum allowableexisting floor area. (e)(d) Setback and Other Zoning Regulations. For purposes of setbacks and other zoning regulations, the accessory dwelling unit (both attached and detached) shall be considered to be allowance of a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district, including standards for lot coverage, setbacks, and height, unless otherwise provided in this Articlehas been fully utilized, only the state exempted “by right” ADU of up to 800 square feet is permitted. 481 of 663
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(f) Maximum Coverage of Rear Yard. Accessory buildings shall not occupy more than 50% of a required rear yard.
(1) Existing Accessory Structure. When any accessory dwelling unit is proposed to be attached to Dwelling Unit Conversions. An ADU conversion within the walls of an existing primary residence or accessory structure, the entire structure must comply with all standards for the principal use of the is not subject siteto size requirements. ADU conversions may be expanded up to 150 square feet beyond the existing footprint provided the expansion is used to accommodate ingress and underlying zoning district, and not those standards for an accessory structure.egress to the ADU. (g) Separate Entry, Cooking Facility/Kitchen and Bathroom. The accessory dwelling unit, attached or detached, shall contain a separate entrance, cooking facility/kitchen, and bathroom. (h) Wetbar. One wetbar is permitted in a dwelling unit in a common living area room only. A single half- size or small refrigerator is permitted, but a microwave is not. (2) Location of Detached Accessory Dwelling Unit and Junior Accessory Dwelling Unit. The accessory dwelling unit may be within, attached to, or Subject to the floor area requirements, one new detached ADU may be constructed on a lot with a junior accessory dwelling unit (JADU). (e) Height. The specific height maximums are applicable to all zoning districts which permit ADUs. (1) Attached Accessory Dwelling Units. Maximum building height for an attached ADUs is <16, 20 or 24> feet to top plateline and <24, 28 or 32> feet to roof peak as measured from the primary dwelling unit.existing grade.
(2) Setback Exceptions.
(2) Detached Accessory Dwelling Units. Maximum building height for a detached ADU is <16, 20 or 24> feet to top plateline and <24, 28 or 32> feet to roof peak as measured from existing grade. (f) Setbacks. An ADU shall have setbacks as follows:
(3)(1) No setback shall be required for an existing legally permitted garage or accessory structure that is converted to an accessory dwelling unitADU which is constructed in the same location and to the same dimensions as the existing structure.
(2) A minimum setback of fivefour feet shall be required from the side and rear lot lines for an accessory dwelling unit that isall new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage. (4)(3) A minimum setback from the front lot line, as required in the lot’s underlying zone district, shall be required for all new ADU construction not meeting the criteria set forth in subsection (1) above, including ADUs constructed above an existing legally permitted garage. 482 of 663
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(g) The ADU, whether attached or detached, shall provide a separate exterior entrance, and permanent provisions for living, sleeping, eating, cooking, and sanitation. (h) Location of Accessory Dwelling Unit. The ADU may be within, attached to, or detached from the primary dwelling unit. ADUs shall be accessory to the primary residence and are permitted in the same locations on the parcel as the primary residence as specified in the underlying zoning district. (i) Number and Type of Required Parking Spaces.
(1) General Requirements. There shall be a minimum of one (1) standard size off-street parking space for each accessory dwelling unit or bedroom, whichever is less. The required accessory dwelling unit parking may be located in a garage, carport, uncovered or tandem space. In addition, the required parking for the primary residential dwelling unit must comply with current code standards, as specified by the underlying zoning district.
(2) Location of Required Parking for Accessory Dwelling Unit. The required parking for the accessory dwelling unit may be located on the rear one-third of the property, including the required rear yard setback and a portion of the required side yard and street side yard setback areas. The required parking shall not be located within the required front, interior side yard, or street side yard setback areas outside of the rear one-third of the property.
(3) Replacement Parking for Primary Dwelling. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, and the required off-street parking spaces for the primary single-family dwelling unit must be replaced, the replacement spaces shall be located on the same parcel as the accessory dwelling unit in the following configurations, or a combination thereof:
• Garage parking spaces;
• Carport parking spaces;
• Uncovered parking spaces; or
• Tandem parking spaces.
(A) The required replacement parking may be located within the required front yard setback, street side setback, and rear yard setback areas. It may also be located within a portion of the interior side yard setback provided that minimum five-foot wide side yard clearance with no obstruction is maintained.
(B) Landscape and Limits on Paving Standards. The required replacement parking located on the subject property shall be designed to comply with the landscape and paving standards set forth in Section 27.18.070(d) and 27.18.080(b)(4), "Limits on paving" standards. (4)(1) ADU. All required parking spaces shall be a minimum of 10 feet wide by 18 feet long without any obstructions. Parking associated with ADU or JADU development, whether required or voluntary, must be located entirely on the same lot, and may be provided in a garage, carport, uncovered, or in tandem orientation. Additionally, maximum driveway width for single-car garages may 483 of 663
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be up to 20 feet to accommodate additional off-street parking. The required parking for the primary residential dwelling unit must comply with current standards, as specified by the underlying zoning district.
(2) Location of Parking for Accessory Dwelling Units. Parking for the accessory dwelling unit may be located in the required front, side, and rear yard setback areas. (3) Replacement off-street parking is not required when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU. (5)(4) Parking Exemptions. No additional off-street parking shall be required for an accessory dwelling unit ADU in the following instances:
(A) The accessory dwelling unitADU is located within one-half (1/2) mile walking distance of public transit stop;; or
(B) The accessory dwelling unitADU is located within an architecturally and historically significant historic district; or
(C) The accessory dwelling unitADU is in part of the proposed or existing legally permitted primary residence or an existing legally permitted accessory structure; or (D) In an area requiring on-street parking, permits are required but not offered to the occupant of the accessory dwelling unit;ADU; or
(E) When the accessory dwelling unitADU is located within one block of a car sharing pick-up/drop-offshare location.
(5) Voluntary Parking. If no parking space is required, a maximum of one off-street parking space per ADU or JADU may be voluntarily provided.
(j) Architectural Standards. New accessory dwelling unitsADUs and conversions of an existing legally permitted structure shall be designed to comply with the following standards:
(1) Attached Accessory Dwelling Units. Accessory dwelling unitsADUs that are attached to the primary residential dwelling unit shall:
(A) Locate the primary entrance to the accessory dwelling unit no closer to the street than the primary residential dwelling unit;
(B)(A) Be of the same architectural style as the primary structuredwelling unit; (C)(B) Be constructed of the similar exterior materials, finishes, and family of colors as the primary residential dwelling unit; and
(D)(C) Offset windows from neighbor's windows to maximize privacy.; and 484 of 663
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(D) Be designed to meet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines. (i) Application of the daylight plane requirement shall not preclude a State Exempted “By Right” ADU as defined in this Chapter.
(2) Detached Accessory Dwelling Units. Accessory dwelling unitsUnit. An ADU that areis detached from the primary residential dwelling unit shall:
(A) Comply with the architectural standards listed above underIn instances when an ADU is attached to an accessory dwelling units;
(B)(A) Be designed to minimize the visibility of the structure, provide a uniform and integrated design with that accessory dwelling unit from the street(s), with the exception that corner lots are excluded from this requirement; andstructure; (C)(B) Offset windows from neighbor's windows to maximize privacy.; (C) Heritage Tree Standards. New accessory dwelling unitsProvide and conversionsmaintain obscured glazing on second-story windows up to five feet from the finished floor when the windows are located within five feet of a lot line with an existing legally permitted structureabutting residential lot;
(D) When an exterior staircase is proposed, it shall have a setback of at least five feet from the nearest lot line and the size of the second story landing shall be limited to the minimum area required to allow ingress and egress as specified by the California Building Code; (i) For an ADU on the second story that seeks to have a larger second story deck or balcony, an application for discretionary review, pursuant to Section 27.19.050, shall be submitted.
(E) Be designed to comply with the standards for the preservation of heritage treesmeet the daylight plane requirements of the R-1 zoning district as applied to the nearest adjacent side and rear lot lines.
(k) Development Impact Fees. Development impact fees for ADUs shall be established in Chapter 13.52, "Heritage Trees."an amount set forth by resolution of the City Council. (l) Utility Service. If an ADU is constructed within existing space, a separate water connection, a separate sewer service connection, andor power connection as water, sewer, and power service is not required for an accessory dwelling unitADU. If an ADU is not constructed within existing space, the City may require new or separate utility connections.
(m) Utility Fees. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating City connection fees or capacity charges for utilities, including water and sewer service. For an accessory dwelling unitFor an ADU located within an existing structure, neither the installation of a new or 485 of 663
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separate utility connection nor the payment of a connection fee or capacity charge is not required. For an accessory dwelling unitADU that is separate from an existing structure, the City will require payment of a new or separate utility connection directly betweenfee or capacity charge that is proportionate to the accessory dwelling and the utilityADU’s burden.
(m)(n) Address Assignment. An application for a building permit for an ADU must include application for a separate address assignment.
(n)(o) Other Requirements. All other zoning requirements shall be complied with unless an authorized variance is approved.
(p) For ADUs proposed within an existing multi-family structure or on a lot with an existing multi-family dwelling, the provisions of Government Code Section 65852.2(e)(1) apply.
27.19.060 RECORDATION OF DEED RESTRICTION. RESERVED.
(a) A deed restriction shall be recorded to run with the land and submitted to the City prior to building permit issuance which indicates the following:
(1) Only one unit may be occupied solely by persons other than the owner or owners of record.
If an accessory dwelling unit is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
(2) Sale of the accessory dwelling unit separately from the sale of the single-family residence is prohibited.
(3) The approved size and attributes of the accessory dwelling unit. (b) A copy of this deed restriction must be given to each prospective occupant.
Article II Junior Accessory Dwelling Unit
27.19.070 PURPOSE.
The purpose of this Article is to set forth regulations to permit junior accessory dwelling units on one- and two-family residential zoned properties (R1-A, R1-B, R1-C, and R2). A parcel with an existing legally permitted single-family use may have only one accessory dwelling unit or one junior accessory dwelling unit, but, not both.(JADUs).
27.29.080 PROHIBITION ON SUBDIVISION. RESERVED.
Properties with approved junior accessory dwelling units may not be subdivided at the time said unit is approved or thereafter.
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27.19.090 PROHIBITION ON SALE AND LIMITATION ON RENTAL. (a) A junior accessory dwelling unitJADU shall not be sold separately from the primary residence. (b) If a junior accessory dwelling unitJADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
27.19.100 MINISTERIAL PERMIT REQUIRED.
A JADU permit application is required in order to demonstrate that the unit is in compliance with the provisions of this Article. If the junior accessory dwelling unitJADU is in full compliance with the provisions of this Article, a ministerial, non-discretionary permit shall be issued.
27.19.110 DEVELOPMENT STANDARDS.
A "junior accessory dwelling unit," as defined in Section 27.04.165, must comply with the following development standards:
(a) Permitted Zoning Districts. Junior accessory dwelling unitsJADUs shall only be constructed on one- and two-family residential lots zoned properties, specifically R1-A, R1-B, R1-C, and R2, with an existing legally permittedto allow single-family dwelling.residential use, or for which a single-family residence exists or is proposed to be built. The residential propertylot shall not be part of a condominium, townhouse, or other multi- family development.
(b) Limit to the Number of Junior Accessory Dwelling Units. The number of junior accessory dwelling unitsJADUs is limited to one per residential parcel zoned for one-family dwelling unit or two-family dwelling unitslot with a single-family residence. Lots with multi-family housing or more than one detached single-family dwelling already built on the parcelare not eligible for JADUs. (c) Setback and Other Zoning Regulations. For purposes of setbacks and other zoning regulations, the junior accessory dwelling unitJADU shall be considered to be a part of the principal use of subject site and shall be subject to the same requirements of the underlying zoning district. (d) Maximum Unit Size. The floor area of a junior accessory dwelling unitJADU shall not exceed 500650 square feet, including attic and basement areas as defined in Section 27.04.200 for the applicable zoning district, provided that the total floor area for the parcel or lot does not exceed the maximum allowable floor area. (e) Construct within Existing Structure. The junior accessory dwelling unitJADU shall be constructed within the existing walls of an existing, the proposed or legally permittedexisting single-family dwelling unit and, including an attached garage. Detached accessory structures, including detached garages or carports, are not permitted to be converted into JADUs.
(e)(f) Unit Access. A JADU must include the conversion of an existing, legally permitted bedroom.:
(f) Unit Access.
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(1) A separate exterior entry from the main entrance to the onesingle-family dwelling, which shall be provided to serve the junior accessory dwelling unitJADU only; and (2) An interior entry access between the junior accessory dwelling unitJADU and the one-family dwelling that is located off of the common living area of the primary residence, such as the living room, family room, dining room, den, office, home gym, kitchen, or an interior hallway leading to these common living areas.single-family dwelling. This interior entry access may be a door equipped with a double lock. A permitted junior accessory dwelling unitJADU may include a second interior door for sound attenuation.
(g) Efficiency Food Preparation Area. A junior accessory dwelling unitA JADU shall include a smallan efficiency food preparation areakitchen that is limited toincludes the following components:
(1) A sink with a maximum width and length dimensions of 16 inches and with a maximum waste line diameter of one and one-half inches;
(2) Food preparation appliances that do not require electrical service greater than 120 volts or natural or propane gas;
(1) A Cooking facility with appliances; and
(3) Food preparation counter and storage with cabinets which do not exceed six feet in total length.
(4)(2) Wetbar. One wetbar is permitted in a dwelling unit in a common living area room only. A single half-that are of reasonable size or smaller refrigerator is permitted, but a microwave is notin relation to the size of the JADU.
(h) Sanitation Facilities. A JADU may include its own separate sanitation facilities or may share sanitation facilities with the primary dwelling unit.
(h)(i) Building and Fire Requirements.
(1) No fire wall separation or noise attenuation measures are required between the main dwelling and the junior accessory dwelling unit.JADU. No fire sprinklers are required for the junior accessory dwelling unitJADU, unless the associated improvements meet the threshold for a "substantial remodel" as defined by Chapter 23, Building and Construction, of the San Mateo Municipal Code. The junior accessory dwelling unitThe JADU shall have an adjoining door connected to the main living area for fire separation. A smoke alarm shall be required in the junior accessory dwelling unitJADU and shall be connected to the smoke alarm in the main residence.
(2) The junior accessory dwelling unitThe JADU shall be equipped with a carbon monoxide detector.
(i)(j) Utility Service. A separate water connection, a separate sewer service connection, and power connection as water, sewer, and power service is not required for a junior accessory dwelling unitJADU. 488 of 663
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(j)(k) Parking. No additional off-street parking is required for a junior accessory dwelling unitJADU. (k)(l) Address Assignment. An application for a building permit for a JADU must include application for a separate address assignment.
Section 2. Section 27.19.120 of the San Mateo Municipal Code is amended as follows:
27.19.120 RECORDATION OF DEED RESTRICTION.
(a) A deed restriction shall be recorded to run with the land and submitted to the City prior to building permit issuance which indicates the following:
(1) Only one unit may be occupied solely by persons other than the owner or owners of record. (1) The property owner must occupy either the single-family residence or the JADU. (2) If a junior accessory dwelling unitthe JADU is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.
(3) Sale of the junior accessory dwelling unitJADU separately from the single-family residence is prohibited.
(4) The approved size and attributes of the junior accessory dwelling unitJADU. (b) A copy of this deed restriction must be given to each prospective occupant.
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City of San Mateo
ADU Daylight Plane
and Height Study
Graphics prepared by: Larry Cannon, Cannon Design Group Edits prepared by Planning Division Staff
ADU Studies
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Gable Roof with Shed Roof Extension
7’-8” Setback
Maximum Dormer
Width = 15'
28’ Max Ridge Height
4’
Setback
Plate Height
19’-8”
Plate Height
17’-8”
Second Floor Structure with Flat Roof
1.25’ Setback
Flat Roof
Plate Height
19’-8”
28’ Max Ridge Height
Gable Roof Gable Roof with Dormers
7’-8” Setback
Allowed Dormer and Gable Intrusions above the Daylight Plane ADU Height Studies
ADU Designs at Different Height Limits
Total numbers:
Pg2:
Two iterations of 16/24 - Gable roof and Gable roof +
dormers (Examples of ADUs that conform to the 16/24)
Two Existing graphics on pg. 2
ADU Studies
ADUs that Conform to the 16 ft Plate / 24 ft Ridge Height Limit ADUs that Conform to the 20 ft Plate / 28 ft Ridge Height Limit pages 2 + 3- ADU Height studies
ADU designs at different height limits
Cross section of ADU meeting 16/24 ht limit
Followed by gable roof w shed roof meeting 20/28
W/ 3rd at 24/32
Then illustrate ADUS built within tallest height limits Illustrating all cross sections from lowest->med->high24’ Max Ridge Height Plate Height
16’
4’
Setback
First Floor + 0’-8”
6’-10”
ht. @
wall
24’ Max Ridge Height
Plate Height
16’
4’
Setback
First Floor + 0’-8”
10’-10”
ht. @
wall
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7’-8” Setback
Sloped Roof with Separate Access and Deck
28’ Max Ridge Height
Plate Height
19’-8”
ADU Studies
ADU Height Studies
ADU Designs at Different Height Limits
ADU that conforms to the 20 ft Plate / 28 ft Ridge Height Limit Pg3:
Sloped roof w separate access and deck (examples of
ADU that conform to the 20/28)
Two examples of 24/32 - Shed + Additional roof
example
32’ Max Ridge Height
10 ft.
10 ft.
10’ +/- Setback
Plate Height
21’-8”
10 ft.
10 ft.
10’ +/- Setback
Plate Height
21’-8”
32’ Max Ridge Height
Sloped/Shed RoofGable Roof
ADUs that conform to the 24 ft Plate / 32 ft Ridge Height Limit 492 of 663
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plate height
17’-0”
Every additional 1 ft of plate
height results in 1 ft of increase
in setback.
(zero setback)
6 4 ft.
setback
plate height
18’-0”
(zero setback)
6 4 ft.
setback
18’-0”
Every additional 1 ft of plate
height results in 1 ft of increase
in
setback.
9’10’ 8’
plate height
17’-0”
8’9’10’
plate height
9’10’11’ 9’
4 (zero setback)
ADU Addition Over Existing Garage
0 ft side yard setback
ADU Over Garage - New Construction
4 ft side yard setback
ADU Studies
ADU Daylight Plane Studies
(zero setback)
10’11’
Title: Daylight Plane Studies
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5’-8” Setback
8’ 9’10’ 8’
9’
New ADU Construction
First Floor w/ 8 ft Plate
New ADU Construction
First Floor w/ 9 ft Plate
5’-8” Setback
8’ 9’10’ 8’
5’-8” Setback
plate height
17’-8”
9’10’
plate height
17’-8”
8’ 8’
ADU Daylight Plane Studies
5’-8” Setback
ADU Studies
plate height
18’-8”
9’10’
9’
plate height
18’-8”
Every additional 1 ft of plate
height
results in 1 ft of increase
in setback.
Every additional 1 ft of plate
height results in 1 ft of increase
in setback.
Flip images:
8’ on top, 9’ on bottom
New ADU Construction:
First floor w/ 8 foot plate
First floor w/ 9 foot plate
Title: Daylight Plane Studies
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EXTERIOR EXAMPLES
OF ADU CONSTRUCTION TYPES
PHOTO CREDITS: Dwell.com / BuildingAnADU.com / Houzz.com COVER PHOTO CREDITS: Dwell.com
ADU Studies
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PHOTO CREDITS: Dwell.com / BuildingAnADU.com / Houzz.com
INTERIOR EXAMPLES
OF ADU CONSTRUCTION TYPES
ADU Studies 7
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City Council Regular Meeting Minutes – 09/07/2021 Page 1
COUNCIL MEMBERS
Eric Rodriguez, Mayor
Rick Bonilla, Deputy Mayor
Diane Papan
Amourence Lee
Joe Goethals
CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Monday, September 7, 2021
Remote 7:00 PM
Regular Meeting
CALL TO ORDER - This meeting is being held under the provisions of State of California Governor Gavin Newsom’s Executive Order N-29-20; in which Brown Act regulations are relaxed to allow members to remote in due to the Coronavirus Covid-19 health emergency.
Pledge of Allegiance
Roll Call
Remote: Mayor Rodriguez, Deputy Mayor Bonilla, Council Members: Papan, Lee, and Goethals
CEREMONIAL
1. National Emergency Preparedness Month – Kacey Treadway, Emergency Services Specialists, San Mateo Consolidated Fire Department, accepted the proclamation.
2. San Mateo United Homeowners Association Outstanding Home Maintenance Awards –SMUHA representatives gave a presentation on the awards and honorees.
CONSENT CALENDAR
The following items, 3 through 5, and item 7 were considered to be routine by the City Council. Item 6 was removed to be considered separately. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.
Moved: Papan, Seconded: Goethals
Ayes: Rodriguez, Bonilla, Lee, Papan and Goethals
Noes: None
3. Disposable Food Service Ware Ordinance Services – Memorandum of Understanding Approve a Memorandum of Understanding with the County of San Mateo to provide education and enforcement services for the City's Disposable Food Service Ware Ordinance and authorize the City Manager to execute the agreement in substantially the form presented.
4. Community Wellness and Crisis Response Team Mental Health Partnership Services – Agreement Amendment Approve an amendment to the Agreement for Services for the Community Wellness and Crisis Response Team, which was originally approved by Council on January 19th, 2021, to reflect the decision by the County of San Mateo to assign the role of hiring clinicians for the program to StarVista; and authorize the City Manager to execute the amendment in substantially the form presented.
5. Residential Parking Permit Program – Update and Revisions Adopt a Resolution to revise the City's Residential Parking Permit Program Policy and Procedures to authorize the Public Works Director to approve exceptions to the permit eligibility requirements.
Enactment: Resolution No. 90 (2021)
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City Council Regular Meeting Minutes – 09/07/2021 Page 2
7. Wastewater Treatment Plant Grit, Rag, and Scum Hauling and Disposal - Agreement Award an agreement to Allied Waste of North America, LLC dba Allied Waste Services of Daly City/Republic Services of Daly City, for wastewater treatment plant grit, rag, and scum hauling and disposal in the amount of $122,760 and authorize the Public Works Director to execute the contract in substantially the form presented.
END OF CONSENT CALENDAR
REMOVED FROM CONSENT CALENDAR
6. 100% Zero Emission Vehicle Sales in California by 2030 – Resolution of Support Adam Lorraine spoke in favor of this item.
Motion to Adopt a Resolution declaring the City’s support for the goal of reaching 100% zero emission vehicle sales in California by 2030 and urging Governor Gavin Newsom, the State Legislature, and the California Air Resources Board to adopt the 100% zero emission vehicle standard by 2030 to meet greenhouse gas emissions. Motion passed 5-0.
Moved: Bonilla, Seconded: Goethals
Ayes: Rodriguez, Bonilla, Lee, Papan and Goethals
Noes: None
Enactment: Resolution No. 91 (2021)
PUBLIC COMMENT
Public Comment: Rich Hedges – commended the forward thinking of the City for its stormwater work.
STUDY SESSION
8. Accessory Dwelling Unit Ordinance Amendments – Study Session Phillip Brennan, Associate Planner, presented the review of the proposed draft Accessory Dwelling Unit (ADU) ordinance and requested direction on any changes needed prior to the draft ordinance introduction. Council asked questions of staff.
Public Comment: Anise Graham – hard for homeowners with these constantly changing rules. Lisa Nash – heartened to see lots of community interest but confused why the recommendation is 24’ plate line. Adam Loraine – give support to the recommendation made by staff and the Planning Commission. Dave Porter – trying to build an ADU for the last 7 years; regulations change; wants a 24’ plate height. Susan Rowinski – commented on the size of the average lots in San Mateo and the impact on properties and inconsistency between ADU and private residences. Eric Holm – stated that having neighbors looking in the yard is not a big deal. Jordan Grimes – stated staff needs more demographic data on any survey; makes for unfair policy. Raayan Mohtashemi – lending support for the Planning Commission and staff recommendation. Seema Patel – stated there was an extensive amount of conversation at the Planning Commission meeting.
A lengthy discussion ensued, and the Council stated a desire to see more representations of different roof types and orientation of buildings, to better understand the effects of the requirements regarding ADU heights and daylight planes. All acknowledged it was a complicated decision with many trade-offs to consider.
REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council consensus was to review the eviction moratorium at a future study session which will be prioritized after completing the districting process.
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City Council Regular Meeting Minutes – 09/07/2021 Page 3 ADJOURNMENT – A moment of silence was held in honor of a true hero, front line essential worker, Kristina Sagala Balagtas. Both her parents were nurses and 11 years ago she entered the specialized field of hospice which she loved.
She served and cherished our San Mateo Community and will be greatly missed. The meeting adjourned at 10:04 p.m.
APPROVED BY: SUBMITTED BY:
Eric Rodriguez, Mayor Patrice M. Olds, City Clerk 499 of 663
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: PUBLIC HEARING File ID: 21-5658 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: September 07, 2021
SUBJECT:
Accessory Dwelling Unit Ordinance Amendments – Study Session RECOMMENDATION:
Review the proposed draft Accessory Dwelling Unit ordinance and provide direction to staff on any changes needed prior to the draft ordinance introduction.
BACKGROUND:
On January 1, 2020, several accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) related housing bills signed into law by Governor Newsom became effective. These new laws eased local zoning controls, established minimum development standards, reduced associated development fees, and expedited the permit processing associated with ADU and JADU development.
In March and April of 2021, the City Council reviewed an interim ADU ordinance intended to align the City’s ADU ordinance with the State legislation. The interim ordinance included a maximum building height for detached ADUs of 16 feet to top plateline and 24 feet to roof peak from existing grade. Due to concerns that the height limit might be too restrictive and that additional community input was needed, the Council declined to adopt the interim ordinance and directed staff to conduct outreach to engage the community on the updated ADU regulations and to bring back a revised ADU ordinance informed by public input.
Public outreach was conducted over the summer and included two virtual ADU workshops at the end of June, and an online community survey which ran from mid-July to late August. The specifics of the community workshops and survey are discussed in greater detail in the corresponding sections of this report. The community feedback collected during these outreach efforts was used in part to inform the proposed ordinance that updates San Mateo Municipal Code Chapter
27.19 – “Accessory Dwelling Units and Junior Accessory Dwelling Units.” On August 24, 2021, the Planning Commission held a public hearing to consider the updated ADU ordinance. The updated ADU ordinance was informed by the requirements of the Department of Housing and Community Development (HCD); community input received during outreach; peer review of the development standards adopted by other jurisdictions in the county; staff recommendations based on experience processing ADU permits; and the recommendations and instruction received from both the Planning Commission and City Council previously. Following public comment and deliberation, the Commission voted to recommend approval of the updated ADU ordinance with a number of modifications for the City Council to consider. A summary of the Planning Commission’s recommended modifications to the updated ADU ordinance are discussed later in this report. A tracked changes draft of the ordinance that reflects the Planning Commission’s recommended modifications is included as Attachment 1, a tracked changes draft of the overall changes to the City’s existing ordinance is included as Attachment 2, and a clean copy of the draft ordinance is included as Attachment 3. The Planning Commission agenda report from the August 24, 2021, meeting, which includes a detailed 500 of 663
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discussion of the updated ADU ordinance and workshop poll and community survey results is included as Attachment 4.
DISCUSSION:
Community Outreach
The City held virtual community workshops on Thursday, June 24, 2021 (evening) and Saturday June 26, 2021 (morning), with a total of 65 attendees participating in both workshops. The purpose of the workshops was to provide an overview of the changes to State ADU law to the community, outline the areas of local discretion and potential ordinance options, and solicit community feedback on each subject area by asking nine targeted questions at the end of each presentation. The questions were focused on ADU and JADU development standards, including building height, architecture and design, size standards, and parking requirements. A summary of the community workshop events, including the discussion, poll questions, and aggregated poll data are included as an attachment in the Planning Commission agenda report.
In addition to the community workshops, the City conducted an informal online survey, which ran from July 15, 2021, to August 22, 2021, and posed the same questions asked during the workshops. An email notification providing a direct link to the survey was sent to more than 2,850 individual email addresses, including the City’s “900 List,” which contains individuals and organizations interested in citywide planning projects, interested parties list, and both the Planning Commission’s and City Council’s “Notify Me” lists, and was also included in the Planning Division’s eNewsletter update.
Additionally, notification of the survey was updated on the City’s social media channels. The survey was accessed 452 times, of which 233 visitors completed the survey. A comprehensive summary of the survey results is included as an attachment in the Planning Commission agenda report.
Planning Commission Recommendations
The Planning Commission’s recommendation to adopt the updated ADU ordinance included a number of modifications for the City Council to consider as summarized below:
Increase the maximum allowable size of a JADU from 500 square feet to 650 square feet. Allow ADUs to be built up to the maximum size permitted by the underlying zoning district’s floor area ratio, rather than establishing a maximum size limit (such as 1,200 square feet). Eliminate the proposed five-foot windowsill requirement for second-story ADU windows that face a side or rear property line.
Prohibit second-story balconies and decks on two-story ADUs that face a neighboring residential property with a shared side or rear property line.
Require obscured glazing on second-story windows with windowsills lower than five feet from the finished floor only when located on walls built four feet from a shared side or rear property line of an adjacent residential property.
Eliminate the provision that would reinstate the owner-occupancy requirement after 2024. Include incentives to apply REACH codes that go beyond what is currently required for ADUs, as determined feasible by staff.
In addition to these recommended revisions to the ADU ordinance, the Planning Commission also recommended that the City Council consider removing the R-1 daylight plane requirements on ADUs. The Commission was concerned that the daylight plane could negatively impact the ability of a property owner to construct a reasonably sized two-story ADU on top of a garage when built at or near the four-foot side yard setback. Graphic exhibits that show how the daylight plane would be applied to a two-story ADU will be provided during the study session presentation. The presentation will also outline the City’s existing REACH code requirements for ADUs and seek input from Council regarding whether additional REACH codes for ADUs should be incentivized.
Additional Staff Recommendations
Based on the input received at the Planning Commission meeting, staff is also recommending some additional revisions to the updated ADU ordinance for the City Council’s consideration. These recommended changes are reflected in the Proposed Ordinance in Attachment 1 and are as follows:
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Remove the prohibition on front entrances for attached ADUs facing the street. This is a vestige of the City’s older ADU ordinance and unnecessarily limits the ability of a property to best design a new attached ADU. In addition, both Planning Commissioners and City Council members have identified this provision as no longer being necessary or practical.
Remove the requirement that all properties that build an ADU need to record a deed restriction against the property that contains provisions related to the permitted size of the ADU and that it must be rented for a period of at least 30 days. These provisions are already documented in the permit and the Zoning Code, and can be enforced if a violation occurs, thus the deed restriction is not necessary to ensure that these provisions are maintained.
Revised the parking requirements section to more clearly list the exceptions for when an ADU is not required to provide off-street parking.
Added language that specifies when an ADU is attached to an accessory structure, it shall provide a uniform and integrated design with that accessory structure.
Proposed ADU Ordinance
The proposed ADU ordinance, as informed by public input and as recommended by the Planning Commission and staff, is included as Attachment 1. This ordinance has been drafted to be fully compliant with the updated State laws pertaining to ADUs and JADUs, and to include local requirements and standards, where permitted by State law, that best meet the interests of the local community. Staff is asking the City Council to provide direction on the following aspects of the draft ordinance:
Maximum size for ADUs (attached and detached);
Maximum height for detached ADUs (minimum of 16 feet); Objective architectural design standards for ADUs; and Objective design requirements for two-story detached ADUs The proposed ordinance also includes setback requirements of four feet for the side and rear yards, and that a new ADU must meet the front yard setback requirement on the underlying zoning district in which it is located, which is consistent with State law. The necessary findings to support these setback requirements, pursuant to Government Code Section 65852.2(h)(2)(B)(ii), are included in the proposed ordinance, which will be provided to HCD for review and comment.
NEXT STEPS:
Staff will revise the draft ordinance per the Council’s direction and will send it to HCD for preliminary review to ensure compliance with State regulations. Staff will make any modifications deemed necessary by HCD and then bring back a revised draft ordinance for introduction and a second reading for adoption. The ordinance goes into effect 30 days after its formal adoption. The City is then required to submit the approved ordinance to HCD within 60 days of adoption for final review and acceptance by the State.
BUDGET IMPACT:
There is no impact to the General Fund for this action.
ENVIRONMENTAL DETERMINATION:
In accordance with Public Resources Code Section 21065, a study-session is not a project under the California Environmental Quality Act (CEQA) because the City Council is not taking action at this time.
PUBLIC COMMENTS:
A total of 14 comments have been formally submitted since the March 15, 2021, City Council meeting, including a letter from the Sugarloaf Homeowners Association Board. The comments have been included as Attachment 5.
NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 – Draft Ordinance (tracked changes –Planning Commission) Att 2 – Draft Ordinance (tracked changes – comparison to existing code) Att 3 – Draft ADU Ordinance (clean copy)
Att 4 – August 24, 2021, Planning Commission Agenda Report with Attachments Att 5 – Public Comments
STAFF CONTACT
Phillip Brennan, AICP, Associate Planner
[email protected]
(650) 522-7218
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From: Eric Holm
To: Joe Goethals; Rick Bonilla; Amourence Lee; Eric Rodriguez; Diane Papan Cc: Phillip Brennan
Subject: Proposed ADU ordinance
Date: Tuesday, September 7, 2021 3:21:19 PM
Dear City Council Members,
I'm sorry this letter comes shortly before your meeting to review the issues tonight and I appreciate all the hard work you've done to get us here. I’d like to thank you for the thoughtful effort and process to develop a revised ADU ordinance in alignment with the State legislature and the City’s goals. City Staff and the Planning Commission have proposed some bold changes based on community input and their own thoughts on encouraging and stimulating an increase in housing units that are desperately needed. The proposed direction of the ordinance is, in my opinion, an improvement over the discussions last spring but there are still some opportunities to capture.
I am an architect in San Mateo but I do not practice residential architecture. I am also a lifelong San Mateo resident. Below are some of my thoughts and comments on specific sections of the proposed ordinance and some reflections on conversations we are having at the local San Mateo Chapter of the American Institute of Architects (AIA) however the opinions expressed herein are my own.
27.19.050(c) State Exempted “By Right” ADUs.
The ordinance is not explicit in the application of the 800 sf of the state exempted “by right” area. The proposed ordinance states the additional 800 sf applies to NEW ADUs but does not address existing ADUs, or an ADU built before the FAR is maximized. An AIA lecture on this issue to our members highlighted that past practice of city staff and other cities has been to apply the 800sf allowed ADU area above the FAR only on NEW ADU applications and not retroactively on a lot when an ADU is present. This precludes a homeowner from building an ADU first and then remodeling their home, converting a garage into an ADU and then determining later that they would like to rebuild a garage, or building an ADU and then later deciding they need to remodel and add square footage to their primary residence.
When architects meet with clients, many homeowners would be interested in building an ADU to live in first and then remodeling their home. That is not possible under the practice. Without the added savings of living in the ADU during a whole house remodel, it sometimes is easier and more cost effective to scrape a site and build new. Typically, remodeling an existing home has tradeoffs in dealing with the existing structure vs building new. Those tradeoffs are considered in any project. As a result, in many more cases architects are recommending clients tear down their existing residence and build a new house and ADU at the same time rather than incrementally due to the tradeoffs and the unintended consequence of the sequence of 504 of 663
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building impacting your overall max buildable FAR and ADU Far on a site. This has an adverse effect of adding cost to a building plan as well as demolition of a structure that could otherwise be remodeled.
I strongly recommend that the 800 sf “by right” area be applied across the board to ADUs under 1200sf regardless of when they are built on a site. This would allow a homeowner to build the ADU first and then later make alterations to their home as long as the combined total did not exceed the FAR plus the 800 “by right” allotment. The 800 sf could then be looked at as a credit of 800 that can be applied to an ADU under 1200sf.
27.19.050(d) Maximum Unit Size
This modification proposed by the Planning Commission is a creative and essential change.
This will allow lots with existing smaller homes to plan on a larger structure as the ADU rather than remodeling and enlarging the existing structure. This will be a critical piece in providing ADU housing capacity for families in our city as it will facilitate a three-bedroom ADU more suitable for families with children. With any development, often the hardest housing stock to build are the 3 or 4 bedroom units that families need. This will help fill that essential void for families that otherwise cannot afford to live here. I think this modification makes a lot of sense and strikes a happy medium between building larger ADUs while at the same time preserving open space by not allowing the extra “800 by right” amount.
27.19.050(j)(2)(B) Architectural Standards of Detached Accessory Dwelling Unit- window placement
The requirement for offset windows in many ways negates the need for those windows to be obscured. There are numerous houses throughout the city that are built next to each other and aligning windows is typically not an issue. Additionally, several primary residences 2nd floor windows overlook backyards regardless of ADUs. While a homeowner that has not had a 2- story house next to them may object to the invasion of privacy, that privacy can always be changed via a second story addition to a primary residence. While standard R1 additions go through design review, they do not restrict windows from looking onto a neighbor’s lot nor do they require obscure glass. On the other hand, requiring obscure glass for the ADU will foster a lesser quality of the interior space in the ADU.
27.19.050(j)(2)(E) Architectural Standards of Detached Accessory Dwelling Unit- second story decks
The planning commission discussed the second story decks and balcony restrictions as originally proposed by the initial draft staff ordinance. The commission recognized the value that decks and balconies provide and struggled with the restriction of them. Similar to second floor windows, exterior space on the second floor provides an improved quality of the space of 505 of 663
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an ADU. They provide a moment of serenity to a hectic day, a chance to be above the world and take pause. The restriction of balconies provides privacy for homeowners in their backyards but a balcony on an ADU is no different than a balcony on a primary residence.
Similar to the design review of windows, there are no restrictions on balconies or decks on the primary structure other than the daylight plane. A homeowner may object to a balcony looking into their property but the primary residence could do the same just as easily. If the city’s goal is to create the best dwellings possible, balconies should be allowed.
Personally, I gave three balconies that overlook my property due to my unique configuration.
On the occasion that I see my neighbors on their balcony it is a chance for a neighborly waive.
27.19.050(j)(2)(F) Architectural Standards of Detached Accessory Dwelling Unit- daylight plane
The Planning Commission also struggled with the daylight plane and rightfully so. The daylight plane is an arbitrary concept that may or may not affect daylight in a space depending on orientation and building placement respective to adjacent properties. The goal of the ADU ordinance is to encourage infill housing and the proposed modifications allowing a 24ft plate height are intended to support 2 story ADU units. The addition of a daylight plane restricts that opportunity for 2 story building height. Effectively, the daylight plane requirements restrict the ADU to a 16’ plate height if built at the 4’ setback.
Several Planning Commissioners expressed a desire to remove daylight plane requirements.
Given that most ADUs will be built 4ft from a side and rear property line, the daylight plane restriction applied to both property lines will limit overall building height and restrict roof and building forms to mansard roofs that follow the daylight plane rather than provide unique building forms with shed or gable roofs. In many cases, the ADUs that follow the daylight plane will start to take on a similar form across town as people stretch to reach 2 stories within the limiting confines of the daylight plane.
With the current provisions, an Architect can get creative with shed dormers or gable intrusions but that is a lot of gymnastics to create an interior volume that is desired when a much simpler form likely could have been built. Effectively the daylight plane requirements increase the cost of designing and ultimately building an ADU due to the added complexity of roof forms that have to be built to adhere to the arbitrary boundary. If the Council feels the daylight plane is absolutely necessary, they would serve the ADU building public better by requiring the daylight plane on one property line only which would allow more diverse roof forms and greater height flexibility.
Another reason to remove the daylight plane is an environmental one. The effective reduced building height of the daylight plane pushes more site development that makes it harder to maintain or incorporate trees and pervious landscaping in our built environment. While we 506 of 663
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must solve our housing challenges, the more we develop properties horizontally, the less room there is for trees and other vegetation in our community. The City’s commitment and recognition of the benefit of trees to our overall well-being is expressly contradicted by the notion of limiting two-story ADU development via the daylight plane provisions.
In addition to the amount of green space and pervious landscaping, the varying weather patterns create more infrequent but intense storm surges. Restricting the daylight plane also limits 2 story ADUs to slab on grade construction. Many of our older homes are built 3-4 feet above grade making them naturally resilient in storm surge events. Removing the daylight plane allows homeowners to build their ADU structures in a similar resilient fashion with an elevated ground floor. At a minimum, if the City maintains the daylight plane, then it should adopt the exception similar to primary dwellings that give an additional 2 ft of daylight plane height when the primary house is 3ft above grade.
If you drive through some of our older single-family neighborhoods such as San Mateo Park, you will notice that many of the large houses were built before the daylight plane and setback requirements existed. Many of the stately, beautiful homes are 2 story, built within the required 7’ setback (oftentimes as close as 3’), exceed the daylight plane (often by 10ft or more), and have balconies and non-obscured windows that overlook the adjacent property lines. Those homes and streets are beautiful. There is no reason allowing ADUs to be built in the same fashion won’t be equally as beautiful.
I appreciate the tremendous amount of work put forth on this revised ordinance and believe the City has a chance to make some legitimate headway in the expansion of family housing in our great city.
Thank you,
Eric Holm
SM resident and Parks and Recreation Commissioner
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From: joanne bennett
To: Phillip Brennan
Subject: ADU Height Limits
Date: Wednesday, September 8, 2021 4:00:25 PM
Hi Phillip,
Was watching last night's City Council meeting on ADU's and had a question on the height limits being considered.
As it stands now the state interim ordinance of 16' plate line 24' feet to roof peak is being considered as well as the 20' plate line 28' roof peak and the 24' plate line 32' roof peak.
My question is this, if 1,200 is to be the maximum square footage allowed for ADU's how many more bedrooms/bathrooms could be built with the various heights?
What would the actual difference
be between the three heights?
My understanding is all of these height limits would be two story units correct?
Would like to get a better
understanding of what is being proposed based on my own experience living in North Central.
Personally
I think anyone with a lot larger than 10,000. sq feet could be allowed to build a larger ADU but I do not feel the "one size fits all"
should be considered.
Not totally against 4' side and rear setbacks as my own home in North Central built in 1929 has a variety of side setbacks from a little over 4ft to 6 ft, on opposite sides.
Privacy also seems to be a concern as well and I would highly recommend the City implement landscaping requirements as part of the permitting of ADU's to have owners plant trees or tall bushes that would do well in the setbacks being implemented.
Greenery and some yard space would add to the
overall aesthetics of the homes.
Look forward to your answers regarding the three different height limits being proposed.
Thank you,
Joanne Bennett
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From: Diane Papan
To: Phillip Brennan
Subject: Fw: Re:
Date: Wednesday, September 8, 2021 10:16:12 AM
From: Peter Mandle
Sent: Wednesday, September 8, 2021 10:13 AM
To: Diane Papan <[email protected]>
Cc: Joan Diskin <[email protected]>; Patrice Olds <[email protected]> Subject: Re:
Hi
Ms.
Papan,
After
watching
last
night's
City
Council
meeting,
I
would
like
to
go
on
record
as
supporting
staff
recommendations
to
establish
a
Daylight
Plane
and
to
limit
balconies
and
unglazed
windows
facing
property immediately
adjacent
to
the
ADU.
My
opinion
is
that
the
height
of
ADU's
should
be
limited
to
two
stories
or
about
20 feet--10'
floor-to-floor
is
very
comfortable.
The
higher
limit--especially
with
dormer
windows--would
permit
construction
of
three
story
dwellings,
which
I
would
be
opposed
to.
Prior
to
building
new
homes,
I've
often
seen
owners
construct
simple
stick
framing
outlining
the
size
and
shape
of
the
home.
Would
it
be
possible
to
require
such
construction
prior
to
approval
of
a
new
ADU?
Better
yet,
to
help
the
public
and
Council
Members
envision
the
implications
of
alternative
floor
plate
and
roof
height
limits,
could
the
City's
Public
Works
Department
build
an
ADU
stick
structure
(or
structures)
showing
the
heights
now
under
consideration
and
their
relationship
to
an
adjacent
building
or
dwelling?
Thank
you
for
considering
my
comments.
Regards,
Peter
Mandle
On
Mon,
Aug
23,
2021
at
8:44
AM
Diane
Papan
<[email protected]> wrote:
Thank you Mr. Mandle for your email.
Copying our City Clerk to ensure that it is a part of the record for this matter.
With best regards,
Diane Papan
From: Peter Mandle < >
Sent: Sunday, August 22, 2021 12:41 PM
To:
City Council (San Mateo) <[email protected]> Subject:
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To: Members of the City of San Mateo City Council
This is to express my opposition to the proposed at-large mayor position. As San Mateo
changes
to
electing
Council
members
by
district,
I
hope
you
will
maintain
the
current
system
of
rotating
the
responsibility
for
mayor
among
the
individual
Council
members. I
also
hope
that
as
you
define
the
new
districts,
you
will
attempt
to
respect
the
existing
neighborhood
and
neighborhood association
boundaries.
Both
the
associates
and
mayor
responsibilities have
worked
for
many
years.
Thank
you
for
considering
this
request.
Regards,
Peter
Mandle
* PRIVILEGE AND CONFIDENTIALITY NOTICE: This message, together with any attachments,
is
intended
only
for
the
use
of
the
individual
or
entity
to
which
it
is
addressed.
It
may
contain
information
that
is
confidential
and
prohibited
from
disclosure.
If
you
are
not
the
intended
recipient,
you
are
hereby
notified
that
any
dissemination
or
copying
of
this
message
or
any
attachment
is
strictly
prohibited.
If
you
have
received
this
message
in
error,
please
notify
the
original
sender
immediately
by
telephone
or
by
return
and
delete
this
message
along
with
any
attachments
from
your
computer.
Thank
you.
510 of 663
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From: Susan Rowinski
To: Phillip Brennan
Cc: Patrice Olds; Christina Horrisberger; Julia Klein
Subject: Comments for Draft ADU and JADU ordinance
Date: Thursday, September 30, 2021 1:25:13 PM
Dear Mr. Brennan
Thank you for the outreach efforts the community development dept has conducted for the ADU/.JADU ordinance revision. I have found the outreach efforts to be comprehensive and easy to understand.
Below are comments following the Sept 7 city council study session. I encourage staff to consider my comments when drafting the next version of the ADU ordinance.
The current draft ordinance assumes a one size fits all approach. However, 5200 SF lots, and their neighborhoods, will be more
impacted by the installation of JADUs and ADUs
than lots greater than 10,000 SF. As a result, I request staff consider a more nuanced approach to drafting the ADU and JADU ordinance and take into considerations the impacts on neighborhoods with smaller lots sizes.
I am a 22 yr. resident in the city of San Mateo and I live on the most common lot size in the city, a 5100 SF lot.
As noted in staff’s meeting packet for the Sept. 7 study session, 29 % of the lots in the city are over 10,000 SF and
71 % of the lots in the city are less than 10,000 SF.
Based on research 70 % of the 10,000 SF lots are less than 5200 SF. Another words the majority of lots in the city are less than 5200 SF and these neighborhoods already host high residential housing density.
5200 SF lots, and their neighborhoods,
will be more
impacted by the installation of JADUs
and ADUs than lots greater than 10,000 SF.
The impact is due to higher residential housing density. Increased residential housing density means more noise and the loss of privacy, parking spaces, trees and architectural continuity to the neighborhood and the residential properties adjacent to the JADU and ADU.
Some of these impacts to smaller lots size ( ie 5200 SF lots or less) can be mitigated in the JADU and ADU city ordnance. Below are my suggestions for mitigation.
JADUs maximum size is 500 SF ( lots over 10,000 SF JADUS can be 650 SF).
For ADUs use the underlying zoning district floor area ratio.
Ensure architectural continuity between the primary residence and the ADU and JADU.
Prohibit second story balconies and decks on 2nd story ADUs that share a side or rear property line with neighboring residential properties.
Require obscured glazing on 2nd story windows of ADUs that share a side or rear property line with neighboring residential properties. (lots over 10,000 SF glazing may not be needed)
Require evergreen trees be planted on the property when trees were removed to build the ADUs and JADU and require additional trees to be planted.
The evergreen trees
can be planted along property’s front, back and side perimeter and other areas of the property to improve privacy for the ADU and adjacent rear and side residential properties. The trees will also help to break up the visual monotony created by installing the ADU and JADU and increasing housing density in the neighborhood. 511 of 663
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Thank you for the opportunity to submit my comments related to the impact of the installation of JADUs and ADUs on smaller lot sizes and their neighborhoods.
As noted the current draft ADU and JADU ordinance assumes a one size fits all approach.
However, 5200 SF lots, and their neighborhoods, will be more impacted by the installation
of JADUs and ADUs than lots greater than 10,000 SF. As a result, I request staff consider a more nuanced approach to drafting the ADU and JADU ordinance for those neighborhoods with smaller lot sizes.
Susan Rowinski
San Mateo CA 94403.
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1 Subject: FW: ADU Restrictions :
From: Barbara van Dillen < >
Sent: Monda y, January 10, 2022 4:12 PM
To: City Council (San Mateo) <[email protected]> Subject: ADU Restrictions :
Dear City Councilor,
We feel strongly about R1A Zoned areas. Please do not loosen the restrictions and consider the following:
Limit Size to 800 square feet
Height LImit 16 feet allowance ‐ no second floors!
Proximity to property lines and backyards ‐ This could be a huge problem since we all live so close to each other already!
Each neighborhood in SM is different so a uniform law will not work. Proper setbacks from road and neighbors!
We understand the need for more housing, but cramming more housing on already existing properties is not an answer.
See you Tuesday night.
Thank you,
Barbara van Dillen
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From: Patrice Olds
To: Joan Diskin; Zachary Dahl
Subject: FW: Proposed ADU rules
Date: Monday, February 7, 2022 9:57:00 AM
-----Original Message-----
From: Elaine Diani
Sent: Friday, February 04, 2022 6:19 PM
To: City Council (San Mateo) <[email protected]> Cc: Ali Tamaseb Amin John Ramacciotti
; Stan Low ; Erol Erensel Ellie Wong
; Bridgette Birdie ; Richard Miles
; Henry and Muya Louie Kristen Berni
; Melisa Yajimi ; Patricia and John Demiris
Subject: Proposed ADU rules
Dear Council members,
My husband and I have recently become aware of the fact that the Council will be considering local ADU rules at your meeting on February 22. We are writing to strongly object to second stories on these ADU’s.
It
is our understanding that State rules indicate that a local agency cannot impose rules limiting ADU’s to less than 850 square feet or 16 feet in height. However, a local agency may require dimensions in excess of these rules. It is also our understanding that permits for these structures are ministerial which means that no notice regarding these structures are sent to the neighbors.
We live at 860 Viewridge and we are very concerned that the Council is considering approving two story ADU’s in excess of 16 feet. While we have no problem with one story ADU’s, we believe that two story ADU’s would be disastrous in our neighborhood. The 800 block of Viewridge was constructed in the early 60’s with the goal of providing each home with a view of the Bay over the rooftop and back yard of the house below. If a second story is built on an existing home or on an ADU it would compromise the uphill neighbor’s view, severely reducing the neighbor’s enjoyment of their view and adversely affecting the worth of their home. If a second story was written into the local rules, we would have no ability to bring this problem to the attention of the permitting department since apparently permitting of these units are ministerial and do not call for any notice to the neighbors! In late 2020, our downhill neighbor proposed a second story on his house. No one in our neighborhood had ever proposed such a project since every one was well aware that a second story would have a very adverse effect on his neighbor. This neighbor was new to the neighborhood and very private. We had no idea he was planning such a project until we received notice from the planning department. Fortunately, the entire neighborhood rallied around and we were able to convince the neighbor in question to consider other alternatives. To his credit , he withdrew his plans for a second story. I shudder to think what would have happened if we had not been notified by the planning department of this proposed project.
We do not believe a second story ADU is appropriate for every neighborhood in San Mateo. If you allow second stories in your rules and their is no provision for notification to neighbors some very unfortunate results can occur.
Please do not lock San Mateo into such a rule! A 16 foot height limit, which is apparently a fait accompli per State rules, is certainly high enough.
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Please do not approve a rule that would raise the height limits of an ADU above that required by the State, particularly if there is no notification to neighbors or a chance for input.
Thank you for your careful consideration of this matter.
Sincerely yours,
Elaine Diani and Joe Kolko
.
.
Sent from my iPad
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February 10, 2022
Dear City Council Members,
• Our Board has carefully reviewed the 3 proposed heights from the Planning Commission presentation to Council on September 7, 2021. We feel strongly that the maximum height of ADUs should not exceed the 16’ plate line and 800 sq. ft mass mandate from the State of California legislation. The State legislature decided these parameters for ADU height and mass were sufficient to encourage needed housing development.
• One size does not fit all. Our recommendations here are specific to R1A zone. We hope Council recognizes and accommodates the different needs and preferences of the varied R1 code areas.
In addition to height and mass limits, we think it is important that the City’s ADU Ordinance include:
• R1 daylight plane to reduce light, air, bulk, and mass impacts on adjacent properties • No balconies overlooking neighbors
• Privacy glass required where necessary
• Architecture to be consistent with the primary house
We hope that the Council will consider these issues and vote accordingly.
Sincerely,
San Mateo Park Neighborhood Assn. Board of Directors:
President: Virginia McIsaac
Secretary: Bill Yang
Treasurer: Alicia Woodfall-Jones
Trees & Islands: Linda Bogue
Web & Newsletter: David Long
At Large: Dave Pearson
Patrick Calihan
Kathryn Collins
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Date Updated Max -
Detached
Attached Detached Fee Waivers
Setback
between house
and ADU
Number of
detached
allowed (for
single family)
Atherton 10/21/20 1200 1200 per underlying
zoning - 28-30' 16 (confirmed) state law N/A 8' 1
Belmont Varies for ADUs
above garages
Brisbane 10/15/20 1000 1000 by district 28-35ft by district 28-35 ft None NA per Bldg Code 1 Burlingame August 2020 Studio/1BR: 850 s Studio/1BR: 850 s Based on
underlying zoning:
30-36 feet
16 (confirmed) state law
n/a 4 ft 1
Colma June 2020 Studio/1BR: 850 s Studio/1BR: 850 s 27' 16 state law n/a per Bldg Code 1 Daly City Operating
under State law 850 1200 30 16 (confirmed) state law
no 8-10 feet 1
East Palo Alto Nov 2020
1000 or 50% of
primary home,
whichever
greater
1000
16 (in addition to
elevation req'd
for floodproofing)
17 (confirmed) state law
n/a
6 ft (if allows for
800 sq ft ADU) 1
Foster City Oct 2020
1,200 or 50% of
primary home,
whichever is
greater
1,200 or 50% of
primary home,
whichever is
greater
16 feet for single
story and an
attached ADU on
second story shall
not exceed heigh
of main house
16 (confirmed) state law
per California Re 1
Half Moon Bay December
2018* Studio/1BR: 850 s
Studio/1BR: 850
sf
2+ BDR: 1000 sf
Per underlying
zoning: 28-36 ft.
Per underlying
zoning: 28-36 ft.
state law
(with Coastal
Act
exceptions)
Yes, if providing
very low or low
income for at
least 5 years
6 ft 1
Hillsborough March 2021 1400 or 50% of
existing home 1400
attached &
detached: 22 ft if
20ft + from
property line; less
than 20 ft from
prop line = 16 ft
max
attached: if ADU
is entirely w/in
bldg envelope,
may be a max of
32 ft;
16 feet if in setback
area. Otherwise,
must comply with
max height allowed
for primary dwelling
in compliance with
Building Envelope
Profile
state law
Yes n/a 1
Jurisdiction ADU Standards Summary (Last update: 08-30-21) Jurisdiction Max ADU size -
Attached
Max height in Feet Required
Parking
(state law or
less than
state law)****
145 of 150
Menlo Park February 2020
50% of an
existing primary
home or 1,000
sf, whichever is
greater
800
must comply with
max height
allowed for the
primary dwelling
and must comply
with the daylight
plane
requirement.
16 feet max. for
ADUs 800 s.f. or less
and 17 feet max. for
ADUs over 800 s.f.
and must comply
with the daylight
plane that shall
begin at a
horizontal line nine
(9) feet, six (6)
inches above the
average natural
grade at a line
three (3) feet from
the side property
lines and shall slope
inwards at a forty-
five (45) degree
angle.
state law
n/a 1
Millbrae°° October 2020 1000 sf 1000 sf 16 (to ridge) 16 (confirmed) n/a 5 ft 1 Pacifica February 2020
Studio/1BR: 850
sf
2+ BR: 1000 sf
1200 sf
35 ft, but 16 ft.
within 5 ft. of
side/rear property
line or 10 ft street
side line or 20 ft
rear line.
35 ft, but 16 ft.
within 5 ft. of
side/rear property
line or 10 ft street
side line or 20 ft rear
line.
state law
N/A 10 ft (only applic 1
Portola Valley 1200 1200 or 1500
dep on lot size 28 18' (24' to peak) state law no 10 ft 1 detached plus one attached Redwood City 4/12/21
850-1.200
depends on
type
850-1.200
depends on
type
28 (zoning district) 20 (20' flat/24' for
pitched roofs) none
n/a 6 ft. 1
San Bruno April 2021
850 - 1200
depending on
lot size
851 - 1200
depending on
lot size
height limit within
the zoning district
16 one-story/20' two-
story (confirmed) state law
no 6 ft. 1
San Carlos November 2020 850 (1 bdrm);
1000 (2 bdrms+)
850 (1 bdrm);
1000 (2 bdrms+) 28 (zoning district) 16; 20 ft.above
garage (confirmed) state law n/a subject to Buildin 1 ADU and 1 JADU City of San
Mateo
Operating
under State law
850 (1 bdrm);
1000 (2 bdrms+) 1,200 Underlying zoning
district
Underlying zoning
district state law
n/a 4 feet 1 ADU and 1 JADU
South San
Francisco May-20 1,000 sq.ft. 1,000 sq.ft.
Based on
underlying zoning:
28-35 feet
16 ft. (confirmed) State Law
n/a 6 ft. 1
Woodside 1,500 SF 17 feet (confirmed)
Disclaimer: standards and process may vary. Regulations may change without notice. Consultation with the jurisdiction's planning department is recommended before starting any project. * Unless over a garage, then 17-20 ft (depending on roof style) ** 28 ft for lots with less than 20% slope; 30 ft for lots with greater than 20% slope; 20 feet within 15 feet of property line † Discretionary after 6 ft
†† In most cases
° Applies to two story units / one story max height is 15 feet for attached and 13 feet for detached °° Millbrae does not have an ordinance governing ADUs so state law applies; UPDATE: Millbrae adopted an ADU ordinance consistent with state law on Oct 2020 146 of 150
*** Up to 32 feet for attached units in the building envelope, and limited to 15' if within a setback **** Parking requirements for ADUs shall not exceed one parking space per unit or bedroom, whichever is less. Local agencies may choose to eliminate or reduce parking requirements for ADUs such as requiring zeroor half a parking space per each ADU.
Updated: 21 Elements: 9/19/2019
Home for All Edits: 7/15/19
§ Max for lots under 10,000 sf: 700 sf / Max for ADA compliant ADU: 800 sf / Max for lots larger than10,000 sf: 900 sf §§ Depending on zoning district
147 of 150
1 Patrice Olds
From: Elaine Diani
Sent: Wednesday, March 02, 2022 3:53 PM
To: Clerk
Cc: Planning; Ali and Hoda; Amin; John Ramacciotti; Ana Ramaciotti; Stan Low; Erol Erensel; Ellie Wong; Bridgette Birdie; Richard Miles; Henry and Muya Louie; Kristen Berni; Melisa Yajimi; Patricia and John Demiris; Joe Kolko
Subject: Objection to proposed City of San Mateo ADU heights Dear Council Members,
My husband and I recently read an article in the Daily Journal which gives us a great deal of concern. According to the article, city staff is preparing ordinances for your approval on March 7 which would allow heights for attached ADU’s up to 32 feet and heights for unattached ADU’s up to 24 feet. This means that two story ADU’s would be allowed in the City of San Mateo. It is not clear whether neighbors would have the ability to object to two story ADU’s or even have notice that a neighbor is planning to build one.
We implore you to reconsider these height allowances. While we have no objections to one story ADU’s, we feel strongly that not every neighborhood in San Mateo is appropriate for a two story ADU. We live on Viewridge Drive in San Mateo. The homes on the 800 block of Viewridge Drive were built so that each home looks over it’s neighbor’s roofline and lot. This gives each home a lovely view of the bay beyond. The worth of these homes is intrinsically tied to these views. If a neighbor is allowed to build a second story onto his home or a two story ADU, these views would be destroyed, reducing the enjoyment and value of each home dramatically.
This scenario almost happened to us. A new neighbor moved into the house below us . He proposed to build a second story to his home which would have virtually destroyed our expansive view while dramatically enhancing his. We had no idea he was proposing this until we received notice from the planning department. The whole neighborhood was appalled as nobody had ever proposed a second story to their home in the 60 years that these homes had existed.
Everyone was cognizant of the damage that this would render to their uphill neighbor. Utilizing the San Mateo Single‐ Family Dwelling Guidelines, particularly the sections involving views, neighborhood character and daylight planes, we were able to convince the new neighbor to rethink their plans and they dropped their plans for a second story. This would not have been possible without notice from the planning commission.
Please do not lock San Mateo into these proposed heights. We do not believe that they are appropriate for every neighborhood. If homeowners are allowed to build two story ADU’s without the ability of a neighbor to object some very unfortunate and unfair results could occur. At the very least, please give homeowners notice of such plans and an ability to object and show why a two story structure may be unfair and inequitable.
Thank you for your careful consideration of this matter.
Sincerely yours,
Elaine Diani and Joe Kolko
148 of 150
1 Patrice Olds
From: Erol Erensel
Sent: Wednesday, March 02, 2022 6:30 PM
To: Clerk
Cc: Planning
Subject: Objection to proposed City of San Mateo ADU heights Dear Council Members,
I recently read that San Mateo City Staff is preparing ordinances for your approval on March 7 which would allow heights for attached ADU’s up to 32 feet and heights for unattached ADU’s up to 24 feet. This means that two story ADU’s would be allowed in the City of San Mateo. It is not clear whether neighbors would have the ability to object to two story ADU’s or even have notice that a neighbor is planning to build one.
I implore you to reconsider these new proposed San Mateo height allowances. Not every neighborhood in San Mateo is appropriate for a two story ADU. I live on Viewridge Drive in San Mateo. The homes on the 800 block of Viewridge Drive were built so that each home looks over it’s neighbor’s roofline and lot. This gives each home a lovely view of the bay and beyond. The worth of these homes is intrinsically tied to these views. If a neighbor is allowed to build a second story onto his home or a two story ADU, these views would be destroyed, reducing the enjoyment and value of each home dramatically.
Please do not lock San Mateo into these proposed heights. I do not believe that they are appropriate for every neighborhood. If homeowners are allowed to build two story ADU’s without the ability of a neighbor to object some very unfortunate and unfair results could occur. At the very least, please give homeowners notice of such plans and an ability to object and show why a two story structure may be unfair and inequitable.
Thank you for your careful consideration of this matter.
Sincerely yours,
Erol Erensel
Sent from my iPad
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CITY OF SAN MATEO
RESOLUTION NO. __ (2022)
SETTING COMPENSATION FOR CITY MANAGER
WHEREAS, on January 4, 2022, the City Council considered the performance of the City Manager; and WHEREAS, the performance of the City Manager meets or exceeds all expectations; and WHEREAS, San Mateo City Charter section 4.02 provides that salaries shall be fixed by resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:
1. The monthly salary for the City Manager is established to be $_________ which reflects a ______% increase.
2. The effective date for the monthly salary of the City Manager, established in item 1 above, shall be upon the beginning of the next pay period following the adoption of this Resolution. 150 of 150