27.04.030 SITE PLAN AND ARCHITECTURAL REVIEW (SPAR).
(a) The following projects, as well as other projects that may be designated in this code, require a site plan and architectural review and no such project shall commence until the approval body has approved a planning application for site plan and architectural review: any building, new parking lot, fence over seven (7) feet in height, or an extension, alteration, or addition of or to an existing building or parking lot; historic buildings within the Downtown Specific Plan area as specified in Chapter 27.66. Single family and accessory buildings that conform to the standards contained in Chapter 27.18, or minor facade modifications as defined in Section 27.04.313, and which conform with Section 27.08.031, are exempt from this requirement, unless they are specifically designated by this section as requiring review. In making its review, the Zoning Administrator, Development Review Board, and Planning Commission shall be guided by the standards adopted by the Planning Commission and City Council. The application shall be approved if the Zoning Administrator or Commission finds all of the following to exist:
(1) The structures, site plan, and landscaping are in scale and harmonious with the character of the neighborhood;
(2) The development will not be detrimental to the harmonious and orderly growth of the City;
(3) The development will not impair the desirability of investment or occupation in the vicinity, and otherwise is in the best interests of the public health, safety, or welfare; (4) The development meets all applicable standards as adopted by the Planning Commission and City Council, conforms with the General Plan, and will correct any violations of the zoning ordinance, building code, or other municipal codes that exist on the site; (5) The development will not adversely affect matters regarding police protection, crime prevention, and security.
(b) All buildings, structures, landscaping, and other establishments shall be constructed in accordance with the approved drawings.
(c) The City Council shall review and make the final determination on all buildings exceeding fifty-five (55) feet that exceed the height limit in the General Plan. in height or where required by express General Plan provisions.
27.06.050 COUNCIL CONSIDERATION AND DETERMINATION.
The Council shall take final action on:
(a) Appeals from the decisions of the Planning Commission; (b) Reclassifications;
(c) Planned Developments;
(d) Site Plan and Architectural Review for buildings exceeding 55 feet in height;that exceed the height limit in the General Plan
(e) General Plan Amendments;
(f) Historic Building Survey Amendment;
(g) Historic Building Demolition Permit;
(h) Every project which includes as part of the site any parcel of land which is in whole or in part subject to the tidelands trust provisions of State law; (i) Projects that are fully or partially funded by the City; (j) Downtown Economic Development Permit; and
(k) The initiation and enaction of ordinances, including interim zoning ordinances/moratoria, without having to file a planning application.
27.08.085 PLANNING APPROVAL EXPIRATION.
Final approval of a planning application shall expire two years from the date of approval, with the following exceptions:
(a) A completed building permit application is filed before the expiration date and a building permit is issued prior to or within six months after the two year expiration date. (b) The property within two years has been used in conformance with the final order. (c) Approvals granted to the City of San Mateo or the Redevelopment Agency of San Mateo shall be in force and effect for such time period as funds are budgeted in whole or in part for the project by the City or Agency.
(d) Projects with associated subdivision maps that remain in effect or have been extended by mandate of the state Subdivision Map Act or San Mateo Municipal Code section
26.48.135, 26.48.140, or 26.56.087. Those planning approvals remain effective for the term of the subdivision map approval, if required by State law.
(e)(d) Projects for which an extension has been obtained in accordance with Section
27.08.087 below.
27.08.087 PLANNING APPROVAL EXTENSION.
The following extensions to planning approvals are available:
(a) Extensions required by state or federal law. Where state or federal law requires that extension of a planning approval be considered, the Zoning Administrator shall approve an extension if they find that the project complies with all applicable zoning, planning, and general plan regulations and conditions.
(b) City extensions. The Zoning Administrator may approve one up to two extensions of a planning approval, each for up to two years, subject to the following provisions:
(1) Application required. To apply for a planning approval extension, an applicant must submit the application prior to the expiration date of the planning approval, pay the application fee and provide the reason(s) for the extension request. (2) Findings required. To approve a time extension, the Zoning Administrator must find all of the following:
(A) The approved project is still consistent with the City's General Plan; and (B) The approved project is still consistent with the City's Zoning Ordinance; and
(C) The extension will not result in any new environmental impacts or an increase in severity of previously identified environmental impacts. (c) Notice of Zoning Administrator Decision on Extension. Notice will be provided to the neighborhood by the same process followed for the original project approval. Notice will also be provided to the Planning Commission and City Council within ten days of the Zoning Administrator's decision.
(d) Appeals. The decision of the Zoning Administrator is appealable to the Planning Commission within ten days of the Zoning Administrator's decision by filing a written appeal with the Planning Division and payment of applicable fees. When an appeal is filed, the expiration date of a planning approval is tolled until a final action is taken. The provisions of Municipal Code Chapter 26.48 govern for all projects with associated subdivision maps.
27.08.035 COMPLETION OF PLANNING APPLICATION.
(a) A planning application is determined to be complete when all documents, reports, data, maps, fees, and other information prescribed in Section 27.08.010 are submitted and are determined to be adequate to allow the approval body to determine if the required findings can be made.
(a)(b) For any application determined to be incomplete, an applicant may appeal the incompleteness determination to the Community Development Director Planning Commission within 14 days of the date of the incomplete letter.. Any appeal shall be submitted in writing, and be accompanied by payment of the filing fee. Pursuant to California Government Code Section 65943, the Planning Commission shall make a final written determination on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The appeal process shall toll any timing requirements to resubmit incomplete application materials. (b) The Zoning Administrator may require a new planning application for a project initially determined to be complete if one or more of the following occurs:
(1) The project is significantly revised;
(2) New information or material germane to the project is brought to light, or becomes available, or is required to assess a change, or revision in the proposed project and the information affects the ability of the approval body to make the required findings. (3) City policies, or standards are adopted which require substantial revisions in the project.
(c) If the Zoning Administrator finds that a new planning application is required, and no public hearing has been held on the project, then the application shall be considered withdrawn without prejudice. If a public hearing has been held, the approval body may accept the withdrawal with or without prejudice. Any unspent fees from the original application shall be applied to any new application or refunded, at the applicant's request. (d)(c) The Zoning Administrator may close out an application, if information is requested in writing by the Zoning Administrator, and the information has not been submitted to the Zoning Administrator or the action has not occurred within 120 days. ApplicationsFiles which are closed out are considered to be actions without prejudicewithdrawn and any unspent fees from the application will be refunded. , thereby enabling an immediate re-application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current fees and codes. An applicant for a housing development project, as defined in California Government Code Section 65905.5(b)(3) shall follow timelines and provisions outlined in Housing development applications subject to California Government Code Section 65941.1 to maintain preliminary application eligibility.65943##### shall follow timelines outlined in that section to maintain eligibility.
(e)(d) The Zoning Administrator's action may be appealed to the Planning Commission within ten (10) days of the Zoning Administrator's action closing out an application, or of determining that a new planning application is required.
27.16.050 AFFORDABLE HOUSING.
To implement the affordable housing goals and policies in the General Plan, the City Council adopted the Below Market Rate (BMR) Program. Specific requirements for the development of affordable units under the BMR Program, including the alternative compliance option of providing offsite affordable units and other proposed alternatives, are regulated by resolution adopted by the City Council.
The Section below is a new section to be added to the Zoning Code in Chapter 27.02.
27.02.230 RESIDENTIAL MIXED-USE DEVELOPMENT PROJECTS.
a. Within a 1/2 mile radius of a Caltrain Station as shown on the General Plan Land Use Map, a mixed-use development project with a residential component that includes five or more residential units shall comply with the following minimum residential densities if the development project is within one of the following General Plan Land Use Designations. If the project area is within more than one General Plan Land Use Designations, the lowest density requirement applies.
i. Mixed-Use Low and Mixed-Use Medium I – 30 dwelling units per acre ii. Mixed-Use Medum II and Mixed-Use High – 50 dwelling units per acre
b. A mixed-use development project with a residential component that includes five or more residential units outside of a TOD area are required to comply with minimum residential densities when the development project is within one of the following General Plan Land Use Designations. If the project area is within more than one General Plan Land Use Designations, the lowest density requirement applies.
i. Mixed-Use Low – 10 dwelling units per acre
ii. Mixed-Use Medium I – 15 dwelling units per acre
iii. Mixed-Use Medum II – 30 dwelling units per acre
iv. Mixed-Use High – 50 dwelling units per acre
c. The City Council may consider a request to reduce the required minimum residential density in a mixed-use development project with a residential component for a project that provides a greater percentage of affordable housing units than required by Section 27.16.050 Affordable Housing or by providing public community benefits.