23.40.010 GENERAL PROVISIONS.

(a) Title. This chapter shall be known, and may be cited and referred to, as the "San Mateo City Site Development Code."

(b) Authority. This chapter is adopted pursuant to Section II of Article XI of the Constitution, the General Laws of the State and the Charter of the City. This chapter is enacted to implement applicable elements of the San Mateo General Plan as may hereafter be adopted. The provisions of this chapter shall apply to all site development on private property within the City as delineated in Section 23.40.030 and may also be used for review of public projects that require a planning application and public review.

(c) Purpose. This chapter is adopted to promote public health and safety and general public welfare, and specifically to:

(1) Protect public and private lands from erosion, earth movement, flooding, and ensure the maximum preservation of the natural scenic character of the City by establishing minimum standards and requirements relating to land grading, excavations and fills, and removal of major vegetation by establishing procedures by which these standards and requirements may be enforced;

(2) Ensure that the development of each site relates to adjacent lands so as to maximize visually pleasant relationships and minimize physical problems which could result in increased development or maintenance costs.

(3) Regulate development on or near steep slopes in order to protect the public health, safety and welfare and preserve the natural setting of the hillsides. Minimize the risk of personal injury, damage to property, and impact on water quality from potential landslides, erosion, earth creep, stormwater runoff, and other hazards associated with hillside areas of the City. Preserve existing topographical forms, open spaces, habitat areas and visual resources from encroachment by new hillside development.

(d) Interpretation.

(1) In their interpretation and application, provisions of this chapter shall be held to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair, or interfere with any private restrictions placed upon property by covenant or deed; provided, however, that where this chapter imposes higher standards or a greater restriction upon the development of land than are imposed or required by such private restrictions, the provisions of this chapter shall control.

(2) Whenever any provision of this chapter and any other provisions of law, whether set forth in this chapter or in any other law, ordinance or resolution of any kind, impose overlapping or contradictory regulations over the development of land, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

(3) Whenever this chapter grants authority to the Director of Public Works, Building Official or Director of Parks and Recreation, that official may delegate such authority to a designee.

(e) City Nonliability. Failure of the City officials to observe or recognize hazardous or scarring conditions which may adversely affect the economic value of other property in the vicinity, or to recommend denial of a site development planning application or of a site development permit, shall not relieve the permittee for responsibility for the condition or damages resulting therefrom, and shall not result in the City, its officers or agents, being responsible for the conditions or damages resulting therefrom.