Initial Draft Update
San Mateo Historic Preservation Ordinance
San Mateo Municipal Code Chapter 27.66
As part of the City’s Historic Policy Update Effort, the Historic Preservation Ordinance will be updated to align with current statewide best practices, General Plan 2040 and community priorities. This initial draft update to the Ordinance is responsive to early public comments and aligned with City Council direction. The goal is to publish this draft for community review and input in December and January.
This input will be considered ahead of the final draft that is published ahead of Planning Commission and City Council public hearings in 2026.
2 Sections:
27.66.010 Purpose and Intent
27.66.020 Definitions
22.66.030 San Mateo Historic Resources Inventory
27.66.040 Designation Criteria
27.66.050 Eligibility Requirements
27.66.060 Procedure for Designating Listed Resources
27.66.070 Procedure for Designating Historic Districts
27.66.080 Criteria and Procedure for Removing a Listed Resource or Historic District Designation
27.66.090 Procedure for Development Proposals
27.66.100 Certificate of Appropriateness
27.66.110 Design Guidelines
27.66.120 Incentives for Preserving Historic Resources
27.66.130 Duty to Keep in Good Repair
27.66.140 Enforcement and Penalties
27.66.010 Purpose and Intent
The intent of the Historic Preservation Ordinance is to promote the protection, enhancement, preservation, and use of historic resource s within San Mateo, recognizing they are of economic, cultural, and aesthetic benefit to the community. It is further recognized that the economic, cultural and aesthetic character of the City will be enhanced by honoring its heritage and ensuring that future generations can experience and appreciate it. The purposes of this chapter are as follows:
(a) Designate, preserve, protect, and enhance the City’s historic resources. (b) Foster public awareness and encourage public understanding of the City’s past through the recognition and use of historic and cultural resources. (c) Preserve a variety of architectural styles, patterns of development, and design trends that reflect phases of the City’s history and encourage complementary design and construction to inspire a diverse and livable urban environment.
(d) Enhance the visual and aesthetic character of the City by encouraging the preservation and maintenance of historic resources.
(e) Avoid demolition of the City’s historic resource s, where feasible, through preservation, rehabilitation, or other available and appropriate alternatives. (f) Fulfill the City’s responsibility under state and federal regulations, including the California Environmental Quality Act and Section 106 of the National Historic Preservation Act.
27.66.020 Definitions
(a) Alteration, major. Any significant changes or modifications of a Listed Resource or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory, including but not limited to changes to or modifications of structur al, architectural details or visual characteristics; additions; and placement or removal of any significant objects affecting the significant exterior visual and/or historical qualities of the property. Examples include:
(1) Any demolition or relocation of a historic building or structure, or removal of a significant feature of a Historic Resource.
(2) Any project that requires a permit that significantly alters or changes the street-facing elevation or side elevation of a Historic Resource, including major changes to windows
3 and doors and their openings, the application of new exterior cladding or coating that changes the appearance, design, or texture of a property, and the addition of dormers and other architectural features.
(3) Any addition of square footage to a building elevation that faces a street. (4) New construction on a property containing a Listed Resource or a Contributor within a Historic District listed in the San Mateo Historic Resources Inventory that could affect its visual appearance.
(b) Alteration, minor. An alteration that has been determined to have limited potential to affect the defining character and architectural style of a Listed Resource or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory. In no case shall minor alterations involve actions including new constr uction or full or partial demolitio n of a Listed Resource. Examples include:
(1) Any demolition or removal of insignificant exterior features of a Listed Resource , including additions, windows, doors, and exterior siding material that is non-original or otherwise lacking in historic integrity.
(2) Any project that requires a permit that does not substantially change the exterior character-defining features of a Listed Resource , including re -roofing in a different material that replicates the existing or original roofing, replacement windows and doors matching the design and materials of the existing or original windows and doors (when it is infeasible to repair) and minor additions on secondary or rear elevations. (3) In Historic Districts listed in the San Mateo Historic Resources Inventory, demolition and alteration of detached garages and other accessory structures built within the period of significance on contribut or properties and new construction of such structures on any Listed Resource (districts and individual properties). (4) Any alteration determined minor by the Community Development Director. (c) Certification of Appropriateness. The administrative approval document issued by the City to approve an alteration to a Listed Resource or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory.
(d) Character-Defining Feature. Character-defining features are visual aspects, physical qualities, and characteristics of a historic resource that help to convey its significance and may include the building’s shape, structural details, materials, and decorative features. (e) Construction. The act of expanding an existing building or structure or the erection of a new principal or accessory building or structure on a property. (f) Contributing Resource or Contributor. A building , structure, site, or object within a Historic District listed in the San Mateo Historic Resources Inventory that retains enough of its original location, setting, design, materials, workmanship , feeling, and association to convey the district's historical or architectural significance. The resource contributes to the designated district's historical significance and dates to its period of significance. (g) Demolition. The complete destruction or removal of a building, structure, or improvement, removal of more than 50 percent of the perimeter walls, or substantial removal of a structural wall of a street-facing elevation of a structure or building that may ha ve an adverse effect on the significance of a property.
(h) Eligible Historic Resource. Resources found to be eligible for designation as a historic resource at the federal, state, or local level based on substantial evidence, but not formally designated.
4 (i) Historic District . A n area containing a concentration of historic buildings, structures, sites, objects, or other resources that are unified historically, culturally, or architecturally. A historic district may contain both “contributing” and “non-contributing” resources. (j) Historic Resource. Includes, but is not limited to, any object, building, structure, site, area, place, sign, district, or landscape feature which is historically, culturally, architecturally and/or archaeologically significant. Historic resource s may also include, but are not limited to , resources listed in the:
(1) National Register of Historic Places;
(2) California Register of Historical Resources;
(3) San Mateo Historic Resources Inventory.
(k) Historic Resources Evaluation (HRE ). A historic resource s evaluation (HRE) is a report , prepared by a qualified professional, which documents, identifies, and evaluates, based on the appropriate evaluative criteria, potential historic resources, including buildings, structures, objects, and districts, for their eligibility for designation. (l) Improvement. Any building, structure, landscape feature, or object physically located on real property or that constitutes a physical addition or physical alteration of real property or any part of such alteration.
(m) Integrity. The ability of a property, structure, site, or building to convey its identity through its physical features and how they relate to its historic context and the basis of its significance. A measure of integrity is not the same as an assessment of condition. (n) Listed Resource. Individual resource listed in the San Mateo Historic Resources Inventory. (o) Non-contributing Resource. A building, structure, site, or object within a historic district that does not possess significant qualifications or characteristics of a contributing resource due to such factors as age or level of alteration, but which has been included within the geographic boundary of a historic district.
(p) Owner. The person or entity (public or private) appearing on the last equalized assessment roll of the County of San Mateo or person/entity providing proof of ownership. (q) Qualified Professional. An individual who meet s the Secretary of the Interior’s Professional Qualification Standards (36 CFR Part 61, Appendix A) in history, architectural history, or historic architecture.
(r) San Mateo Historic Resources Inventory. A list of individual Listed Resources and Historic Districts in San Mateo, designated by the City under the provisions of this chapter. (s) Secretary of the Interior’s Standards for the Treatment of Historic Properties. The Secretary of the Interior’s Standards for the Treatment of Historic Properties codified in 36 CFR, Part 6 8, which serve as the guidance for work on historic resources.
27.66.030 San Mateo Historic Resources Inventory
(a) The resolutions adopting designations and deletions of Listed Resources shall be known as the San Mateo Historic Resources Inventory.
(b) Listed Resources and Historic Districts locally designated as of the date of enactment of Ordinance No. 2022-10 §§ 2, 3; Ord. No. 2010-15 § 15; Ord. No. 1995-13 § 3; Ord. No. 1993- 21 § 1, inclusive of the Downtown Historic District, codified in this chapter are included in the San Mateo Historic Resources Inventory.
5 (c) Properties listed in the National Register of Historic Places or California Register of Historic Resources adopted by local resolution.
27.66.040 Designation Criteria
Prior to approval for listing in the San Mateo Historic Resources Inventory, the City Council shall find that the historic resource satisfies one or more of the criteria outlined below, and retain s its historic integrity.
(a) Is associated with events that have made a significant contribution to the broad patterns of San Mateo’s or California’s history and cultural heritage; or (b) Is associated with the lives of persons or communities important to San Mateo’s or California’s past; or
(c) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values ; or
(d) Has yielded, or may be likely to yield, information important to prehistory or history.
27.66.050 Eligibility Requirements for Listing
(a) Listed Resources. To be eligible for consideration as a Listed Resource, the resource must be at least fifty (50) years old and meet at least one of the criteria outlined in Section 27.66.040. (b) Historic District. To be eligible for consideration as a Historic District, at least XX percent of the buildings in the proposed historic district (excluding accessory buildings) must be at least fifty (50) years old or otherwise meet the requirement of Section 27.66.040. In addition, no more than XX percent of the buildings in the proposed district may be non -contributing. Non - contributing buildings may be included as part of a historic district only to the extent that they are determined to be essential to the geographic integrity of the district. The [reviewing body] shall make determinations identifying non-contributing buildings as part of the review process.
27.66.060 Procedure for Designating Listed Resources
(a) Application for Listed Resources. The City shall make available an application for listing historic resources in the San Mateo Historic Resources Inventory. (1) Owner Consent. Nominations to add a Listed Resource to the San Mateo Historic Resources Inventory shall be made only by application of the property owner or property owners representing a majority or controlling interest on which the resource is located. The property owner may request that a resource be listed in the San Mateo Historic Resources Inventory by submitting a completed application to the Planning Division. No application shall be accepted without the written consent of the property owner.
(2) Application Review. Listed Resource applications shall be reviewed by the Planning Division to assess if all application materials are provided and if the application is complete, including sufficient information to support the finding that the resource meets the requirements for designation set forth in Section 27.66.050. (3) Designation Recommendation. Listed Resource applications, once deemed complete by the Planning Division, shall be reviewed by the [reviewing body] at a public meeting.
The [reviewing body] shall determine whether the resource meets one (1) or more criteria for approval as a historical resource to be listed on the San Mateo Historic Resources Inventory and, based on this determination, provide a recommendation to
6 the City Council . The [reviewing body ] shall adopt a resolution stating its recommendation, focusing on the criteria set forth in Section 27.66. 40, and incorporating its reasons for the recommendation.
(4) Designation Action. Following the recommendation from [reviewing body ], the City Council shall hold a public hearing to consider the application. Following the public hearing, the City Council shall adopt a resolution to approve or deny the application based on the criteria set forth in Section 27.66. 40. If the application is approved by City Council, the resource shall be added to the San Mateo Historic Resources Inventory.
27.66.070 Procedure for Designating Historic Districts
(a) Application for Historic District Designation. The City shall make available an application for listing a Historic District in the San Mateo Historic Resources Inventory. (1) Owner Notification and Consent. Nominations to add Historic Districts to the San Mateo Historic Resources Inventory shall be made by a property owner or group of property owners in a potential historic district. The property owner(s) may request that a district be listed in the San Mateo Historic Resources Inventory by submitting a completed application to the Planning Division. The application shall include the following:
(A) The application form and requisite support materials outlined in the application instructions.
(B) Documentation that notification of the pursuit of the application was provided to all potentially affected property owners in the proposed district via mailed notice. Mailed notice shall be provided to every occupant and owner of property as listed in San Mateo County’s most recent property ownership assessment roll within the proposed Historic District.
(C) Documentation by petition establishing at least XX percent of property owners in the proposed historic district as listed in San Mateo County’s most recent property ownership assessment roll support the potential designation by affixing their signatures to the petition.
(2) Application Review. Historic District a pplications shall be reviewed by the Planning Division to assess if all application materials are provided and if the application is complete, including confirmation of owner consent and sufficient information to support the finding that the Historic District meets the requirements for designation set forth in Section 27.66.050.
(3) Community Meeting. Once an application has been deemed complete, the applicant will host a community meeting prior to any public meetings to consider the designation.
The purpose and intent of the meeting is to provide information about the proposed Historic District and designation process. Mailed notice shall be provided to every occupant and owner of property as listed in San Mateo County’s most recent property ownership assessment roll within the proposed Historic District. Such notice shall be provided at least 10 days prior to the community meeting date. (4) Designation Recommendation. Once an application has been deemed complete by the Planning Division and a community meeting has been held, it shall be reviewed by the [reviewing body] at a public meeting. The [reviewing body] shall determine whether the historic district meets one (1) or more criteria for approval as a historical resource to be listed on the San Mateo Historic Resources Inventory and, based on this
7 determination, shall be recommended to t he City Council that the application be approved or denied. The [reviewing body ] shall adopt a resolution stating its recommendation, focusing on the criteria set forth in Section 27.66.40, assessing the historical significance of those contributing resources identified in the proposed district, affirming that no more than XX percent of the buildings in the district are non- contributing, and incorporating its reasons in support or denial of the application.
Mailed notice shall be provided to property owners and occupants within the Historic District at least 10 days prior to the [reviewing body] meeting date. (5) Designation Action . Following the recommendation from [reviewing body] , the City Council shall hold a public hearing to consider the application. Following the public hearing, the City Council shall adopt a resolution to approve or deny the application based on the criteria set forth in Section 27.66. 40. If the application is approved by City Council, the Historic District shall be added to the San Mateo Historic Resources Inventory. Mailed notice of the public hearing shall be provided to property owners and occupants of properties within the Historic District at least 10 days before the meeting date. Mailed notice of the decision shall be provided to property owners and occupants of properties within the Historic District within 30 days following the decision.
27.66.080 Criteria and Procedure for Removing a Listed Resource or Historic District Designation
(a) The City Council may approve removal of a Listed Resource from the San Mateo Historic Resources Inventory by one of the following methods:
(1) Application for Removal. Removal of a Listed Resource designation may be sought by the owner of a property on which a Historic Resource is located. Applications must be accompanied by such documentation as required by the Planning D ivision and demonstrate that the Listed Resource does not possess, or no longer possesses, a minimum level of significance necessary for listing as outlined in Section 27.66.040. (2) Removal Following Destruction. The Planning Division may seek removal of designation to the San Mateo Historic Resources Inventory where a Listed Resource has been destroyed.
(b) Delisting Recommendation. Upon completion of an application to remove a Listed Resource, the request shall be reviewed by the [reviewing body] at a public meeting. The [reviewing body] shall determine if the Historic Resource meets the conditions to warrant removal and provide a recommendation to City Council that the application be approved or denied. (c) Delisting Action. Upon receipt of a recommendation from the [ reviewing body] to remove a Listed Resource from the San Mateo Historic Resources Inventory, the City Council will hold a public hearing on the application. If the City Council approves an application, such approval shall be made by resolution.
(d) Historic District Delisting. The process to remove a Historic District from the San Mateo Historic Resources Inventory shall follow the same process that is required to designate a Historic District as outlined in Section 27.66.070.
27.66.090 Procedure for Development Proposals
Community Development Director Review. The Community Development Director may require a Historic Resource Evaluation for any development proposal involving the demolition or modification of character-defining features of buildings or structures over 45 years old that are not designated or have not been identified in a previous historic resource survey adopted by the City Council . A Historic Resource Evaluation may inform the adoption of the appropriate environmental determination pursuant to the California Environmental Quality Act (CEQA).
8 27.66.100 Certificate of Appropriateness
(a) No person shall demolish, construct, move or alter any Listed Resource or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory without first obtaining a Certificate of Appropriateness. Approval of such work shall be required even if no other permits or entitlements are required by the City. In approving an application, the final approval body may impose conditions or restrictions as it deems necessary or appropriate to ensure that the integrity of the resource is maintained.
(1) Design Standards. The Secretary of the Interior’s Standards for the Treatment of Historic Properties, as amended from time to time, are incorporated by this reference.
Work proposed for a Listed Resource or Contributor within a Historic District shall be in compliance with these standards . Where a pplicable, locally adopted design standards or guidelines shall apply in addition to The Secretary of the Interior’s Standards for the Treatment of Historic Properties.
(b) Zoning Administrator Review. The Zoning Administrator has the authority to re view and approve, conditionally approve, or disapprove Certificates of Appropriateness for the following types of projects, provided that the projects do not result in any significant impacts pursuant to the California Environmental Quality Act (CEQA), subject to public notice and to appeal of the final action to the [reviewing body]:
(1) Minor Alterations.
(2) Projects that: (1) do not adversely affect a Listed Resource or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory , or (2) are consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, and for which no public purpose would be served by requiring [ reviewing body] review.
(c) Exemptions. A Certificate of Appropriateness is not required for the ordinary maintenance and repair of any Listed Resource or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory, so long as maintenance and repair does not involve change in exterior design, material, or appearance. A Certificate of Appropriateness is no t required for construction, reconstruction, alteration, or demolition that the Building Official certifies is required to protect public health or safety because of an unsafe or dangerous condition. (d) Economic Hardship. At the time of an application for a Certificate of Appropriateness, the applicant may apply for an Economic Hardship Exception. The application shall include proof of economic hardship from the owner of the property , and documents and/or testimony to substantiate a claim of economic hardship as required by the Community Development Director. The approval of an Economic Hardship Exception shall be based on the findings that:
(1) The owner of the property is qualified as low-income or very-low income; and (2) Denial of the Economic Hardship Exception would deprive the owner of all reasonable use of, or economic return on, the designated resource; or
(3) Denial of the Economic Hardship Exception would cause the owner to suffer unreasonable damage in comparison to the benefit conferred to the community by the designated resource.
27.66.110 Design Guidelines
In addition to the Certificate of Appropriateness requirements outlined above, all exterior modifications of individually eligible and contributor buildings in the Downtown Retail Core subarea of the Downtown Area Plan shall conform with the Downtown Retail Core and Downtown District Design Guidelines.
9 27.66.120 Incentives for Preserving Historic Resources To foster preservation and encourage participation in the City’s historic preservation efforts, the following incentives are available to Listed Resources or Contributor within a Historic District listed in the San Mateo Historic Resources Inventory:
(a) State Historical Building Code. Any alteration made for preservation, rehabilitation, restoration, or relocation of such properties shall be made according to the requirements of the state historical building code pursuant to the California Health and Safety Code Section 18950, et seq.
(b) Mills Act. The City C ouncil may authorize the use of contracts pursuant to California Government Code Section 50280 et. seq., also known as the Mills Act. Such contracts may be entered into at the sole discretion of the City Council based on the recommendation of the [reviewing body ] for the specific intent to promote the continued preservation of historic properties.
(c) Additional Incentives. The City Council may authorize the use of additional incentives , as appropriate, to encourage the preservation, reuse, and rehabilitation of the City’s historic resources.
27.66. 130 Duty to Keep in Good Repair
The owner of a resource listed in the San Mateo Historic Resources Inventory shall keep in good repair the exterior portions of all such buildings, structures, or improvements, and all interior portions thereof whose maintenance is necessary to prevent deterioration of any exterior improvement or essential exterior architectural fe atures. They shall also maintain properties in compliance with San Mateo Municipal Code Chapter 7.14 and the protective treatment standards of the International Property Maintenance Code.
27.66.140 Enforcement and Penalties
(a) Time to Correct. Prior to assessment or initiation of any penalty for any violation of this chapter, the Zoning Administrator shall provide written notice of noncompliance to property owners.
Notice shall be sent by certified and regular mail. Following mailing of the notice, property owners shall have 30 calendar days to correct the violation or to inform the City that there is a financial hardship, or why an extension is warranted. Additional time to correct the violation may be allowed where the property owner is exercising due diligence in acting to correct noticed violations. The Zoning Administrator shall have the authority to place reasonable and/or necessary conditions on such an extension to ensure timely correction of the violation. (b) Work Stoppage. In addition to any other fines, penalties or enforcement provisions set forth in this chapter, failure to comply with an approved application shall constitute grounds for immediate stoppage of the work involved in the noncompliance until the matter is resolved. (c) Violation Penalty. In addition to the foregoing remedies, and any other remedies available by law, the City Attorney may enforce the provisions of this article by seeking injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter.