Title 23 BUILDINGS AND CONSTRUCTION
Chapter 23.04 NUMBERING BUILDINGS
23.04.010 DEFINITIONS.
The following definitions shall apply to words used in this chapter:
(a) "Building" means a residential, commercial, industrial or other building or structure, including, but not limited to, fences, gates, and appurtenances, located on any premises;
(b) "Normal block" means a block in which a street is intersected by other streets at regular intervals of not to exceed six hundred feet;
(c) "Owner" means the owner, tenant, occupant or person in control of the premises in question;
(d) "Street" means a public easement for travel purposes, including, but not limited to, alleys, highways, courts, avenues, streets and boulevards.
23.04.020 RECORDS.
The Superintendent of Streets shall at all times keep on file in his or her office a book or card index containing the official street number of each building within the City.
23.04.030 NUMBERING SYSTEM ESTABLISHED.
A system for the numbering of buildings and structures in this city is established and shall be maintained in and for the City.
23.04.040 ENTRANCES—CORRECT NUMBER REQUIRED.
No owner may place, maintain or allow to remain thereon any number other than such number as herein required, or permit any such building or structure having an entrance from a public street to remain unnumbered.
(a) Entrances from streets to buildings must be numbered at the expense of the owner. All residential buildings shall display a street number in a prominent location on the street side of the building in such a position that the number is readily visible from approaching emergency vehicles. The numerals shall be not less than four (4) inches in height for single family and residential buildings and not less than six (6) inches in height for all other buildings. Numerals, letters or other identifications shall be used to identify individual residential units, offices or other spaces within a building and shall not be less than four (4) inches in height. All numerals or other identification shall be of contrasting color to the background surface to which they are attached and shall be illuminated during the hours of darkness when located at the exterior of the building.
23.04.050 OBTAINING CORRECT NUMBER.
The Superintendent of Streets, upon request, shall inform the owner of any building of the correct number which should be placed thereon.
23.04.060 ODD AND EVEN NUMBERS.
Numbers on the right side of the street from the point of beginning shall be even numbers, and the numbers of the left side thereof shall be odd numbers.
23.04.070 NUMBERS ALLOTTED TO NORMAL BLOCK.
One hundred numbers shall be allotted to each normal block and shall be evenly divided in units of street frontage.
23.04.080 NUMBER ALLOTMENT WHERE THERE ARE NO NORMAL BLOCKS.
In the event that a street is not intersected at regular intervals by other streets and is not therefore a normal block, numbers shall be allotted in the same manner as if it were intersected at such regular intervals.
23.04.090 COST OF RENUMBERING.
Whenever, by reason of any new building being erected or altered, it becomes necessary to renumber any block now numbered, it shall be the obligation of the owner requesting the assignment of a new number or numbers to pay the cost of renumbering the entire block.
23.04.100 STARTING POINTS DESIGNATED.
Baywood Avenue, Baldwin Avenue, San Mateo Creek and Cypress Avenue, for streets running in a generally northerly and southerly direction, and El Camino Real, for streets running in a general easterly and westerly direction, shall be the starting points for the numbers on streets beginning thereat or intersecting or crossing same; provided that streets running in a general northerly and southerly direction, but not intersecting or crossing Baywood Avenue, Baldwin Avenue or San Mateo Creek will be numbered as if they commenced thereat, so as to correspond with other streets which do commence thereat or run therefrom; provided also that streets running in a general easterly and westerly direction, and not intersecting or crossing El Camino Real, will be numbered as if they commenced thereat, and so as to correspond with the numbering on other streets which do commence thereat or run therefrom.
El Camino Real, and other generally parallel streets easterly therefrom shall be numbered so as to correspond with generally parallel streets westerly therefrom. Numbers on streets bearing the same name north and south of Baldwin Avenue, San Mateo Creek or Cypress Avenue shall be designated as numbered "north" and "south" respectively therefrom. Numbers on streets bearing the same name east and west of El Camino Real shall be designated as numbered "east" and "west" respectively therefrom.
On other intermediate or subdivision streets not otherwise provided for, numbering shall proceed in the same direction as, and in block numbers corresponding with, the numbering on the principal streets between which they lie, and which run generally in the same direction.
Chapter 23.06 ADMINISTRATIVE CODE
23.06.010 Adoption
a. The 2022 California Administrative Code, California Code of Regulations, Title 24, Part 1, as adopted and amended by the State of California, hereinafter called "Administrative Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Administrative Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Administrative Code shall at all times be kept on file in the office of the City Clerk.
23.06.011 APPLICATION TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT. [Repealed]
Repealed.
23.06.012 DEFINITIONS. [Repealed]
Repealed.
23.06.013 CONFLICTING PROVISIONS.
When conflicting provisions or requirements occur between this code, the technical codes and other codes or laws, the most restrictive shall govern.
When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. In other conflicts where sanitation, life safety or fire safety are not involved, the most restrictive provisions shall govern.
Where in a specific case, different sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern.
When conflicts occur between specific provisions of this code and administrative provisions in a technical code which is then applicable within this jurisdiction, those provisions becoming the law most recently shall govern.
23.06.014 ALTERNATE MATERIALS, METHODS OF DESIGN AND METHODS OF CONSTRUCTION. [Repealed]
Repealed.
23.06.015 MODIFICATIONS. [Repealed]
Repealed.
23.06.016 TESTS. [Repealed]
Repealed.
23.06.017 TEMPORARY BUILDING.
Real estate sales and leasing of the building or buildings under construction may be conducted from a temporary structure located on the construction site, subject to the conditions and procedures established in Section 26.04.130 of this code.
23.06.020 AUTHORITY. [Repealed]
Repealed.
23.06.021 POWERS AND DUTIES OF BUILDING OFFICIAL. [Repealed]
Repealed.
23.06.030 UNSAFE BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT. [Repealed]
Repealed.
23.06.040 APPEALS. [Repealed]
Repealed.
23.06.050 VIOLATIONS AND PENALTIES. [Repealed]
Repealed.
23.06.060 Hours of Work
No work regulated by this code shall be permitted between the hours of 7:00 p.m. and 7:00 a.m., Monday through Friday, nor prior to 9:00 a.m. or after 5:00 p.m. on Saturday, nor prior to 12:00 noon or after 4:00 p.m. on Sundays and holidays. These hours do not apply to construction work that takes place inside a completely enclosed building and does not exceed the exterior ambient noise level as measured ten feet from the exterior property lines.
23.06.061 Hours of Work Exemption
(a) Exemptions from the hours of work designated in Section 23.06.060 may be granted:
(1) As a condition of approval of a planning application issued pursuant to Title 26 or Title 27; or
(2) Upon written application to the Building Official. The Building Official may approve such application in his or her sole discretion for emergency situations or exceptional circumstances beyond the control of the applicant. An application shall contain any information required by the Building Official, including, but not limited to the type of work to be performed, the equipment to be used, the date(s) and time(s) for the proposed hours of work, and the reason(s) therefor.
(b) The approved hours of construction activity shall be posted at the construction site in a place and manner that can be easily viewed by an interested member of the public.
(c) The building official may revoke an exemption at any time if the contractor or owner of the property fails to abide by the conditions of the exemption or if it is determined that the peace, comfort and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
23.06.070 PERMITS. [Repealed]
Repealed.
23.06.080 APPLICATION FOR PERMIT. [Repealed]
Repealed.
23.06.090 PERMITS ISSUANCE. [Repealed]
Repealed.
23.06.100 Demolition Permits
(a) Demolition permits may be issued if at least one of the following is applicable:
(1) Demolition has been ordered by the building official because of major structural damage or a condition resulting in imminent or immediate danger to public health or safety; or
(2) A building permit or site development permit has been issued authorizing work to be performed which requires the prior removal of an existing structure to accomplish the new construction; or
(3) The City has determined that demolition is necessary in order to perform appropriate soil tests for a proposed project; or
(4) Demolition is required by the City as a condition of approval of a planning application under Title 27 or a subdivision under Title 26 of this code, and the application for the demolition permit complies with the time frame set in the condition of approval.
(5) The demolition involves a nonresidential structure smaller than 3,000 square feet.
(6) The demolition involves an accessory building as defined in Section 27.04.010.
(7) The demolition of structures where a master plan or specific plan has been approved for development of the site provided that: (1) the building official receives written confirmation that the demolition is needed to facilitate the timely construction of new structures under the approved master plan; (2) the structures are substantially vacant; (3) there is written documentation from a lending institution that the project (at least in substantial part) is capable of being financed and the applicant is credit worthy.
(b) All demolition permits shall comply with the following conditions:
(1) The site shall be fenced when open holes in the ground exist, if required by the building official because of other hazards or to ensure maintenance of the site.
(2) All debris, weeds, and other nuisances shall be removed from the site, and the site shall be leveled unless requirements regarding hazardous wastes make leveling infeasible. If planting is not required and construction does not commence within 30 days after demolition, the soil shall be treated with a weed inhibitor approved by the City.
(3) If deemed appropriate, the City may require that the entire site be planted and maintained with a drought tolerant ground cover that will fully cover all exposed soil within six months of planting, or covered to a minimum depth of two inches with crushed rock.
(4) That the site be fenced according to code, or if deemed appropriate, the City may require that any driveway curb cuts not used be provided with bollards and chains, located and installed so as to prevent vehicular entry into the site.
(5) The applicant shall comply with all other conditions that may be attached by the building official to ensure maintenance of the site, including, but not limited to, vacant lot maintenance requirements contained in Chapter 7.48 of the San Mateo Municipal Code.
23.06.110 INSPECTIONS. [Repealed]
Repealed.
23.06.120 Fees
a. General. All permit fees, surcharges, plan checking fees, fees for inspections and reinspections, and all other fees, shall be those established by resolution of the City Council.
b. Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken and that extension will not result in violation of this code or any other laws. An application shall not be extended more than two times. An application may be extended at the discretion of the Building Official if this code or any other pertinent laws or ordinances have been amended subsequent to the date of the application. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee, and the plans shall comply with the codes and other pertinent laws or ordinances in effect at the time of resubmittal.
(1) Planning Applications. For applications for which a planning application was approved, a completed building permit application shall be filed before the two-year expiration date of the planning approval; and a building permit shall be issued no later than six months after the expiration date. Extension for issuance of a building permit may be granted at the discretion of the building official if the applicant demonstrates that the delay in performance was caused by circumstances beyond the control of the applicant and that the applicant has diligently pursued approval of the permit.
c. Investigation Fees—Work Without a Permit.
(1) Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.
(2) Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The amount of the investigation fee shall be adopted by resolution of the City council. The payment of such investigation fee shall not exempt an applicant from compliance with all other provisions of either this code or the technical codes nor from the penalty prescribed by law.
d. Fee Refunds. The building official may authorize refunding of a fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn and if no plan review services have been rendered.
The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment.
23.06.130 SPECIAL INSPECTIONS. [Repealed]
Repealed.
23.06.140 STRUCTURAL OBSERVATION. [Repealed]
Repealed.
23.06.150 CONNECTION TO UTILITIES. [Repealed]
Repealed.
23.06.160 CERTIFICATE OF OCCUPANCY. [Repealed]
Repealed.
23.06.170 FIRE AND HEALTH PROTECTION. [Repealed]
Repealed.
Chapter 23.07 RESIDENTIAL CODE
23.07.010 Adoption
a. The 2022 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and Appendices AH—Patio Covers, AK—Sound Transmission, and AX—Swimming Pool Safety Act, as adopted and amended by the State of California, hereinafter called "Residential Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Residential Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Residential Code shall at all times be kept on file in the office of the City Clerk.
23.07.020 SECTION R319.1 SITE ADDRESS NOT ADOPTED. [Repealed]
Repealed.
23.07.030 SECTION R319.2 ADDRESS NUMBERS—MULTI-TENANT BUILDINGS NOT ADOPTED. [Repealed]
Repealed.
23.07.040 SECTION R319.3 ADDRESS NUMBERS—REAR ADDRESSING NOT ADOPTED. [Repealed]
Repealed.
23.07.060 SECTION R313.1 TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS—EXCEPTION NOT ADOPTED. [Repealed]
Repealed.
23.07.070 SECTION R313.2 ONE- AND TWO-FAMILY DWELLINGS AUTOMATIC FIRE SPRINKLER SYSTEMS—EXCEPTION NOT ADOPTED. [Repealed]
Repealed.
23.07.080 SECTIONS R902.1, R902.1.1, R902.1.3 ROOFING REQUIREMENTS AMENDED. [Repealed]
Repealed.
23.07.110 TABLE R602.10.3(3) AND SECTION R602.10.4.5 PROHIBIT THE USE OF GYPSUM BOARD AND LIMIT THE USE OF PORTLAND CEMENT PLASTER AS PRESCRIPTIVE WALL BRACING MATERIALS IN SEISMIC DESIGN CATEGORIES D0, D1 AND D2 AMENDED.
1. Chapter 6 (Wall Construction) Table R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) is amended as follows:
1.1 The title of Table R602.10.3(3) is amended to read:
TABLE R602.10.3(3)i, j
1.2 Footnotes "i" and "j" are added to Table R602.10.3(3), to read:
i. Methods PBS, HPS, SFB and CS-SFB are not permitted in Seismic Design Categories D0, D1, and D2.
j. Methods GB, DWB and PCP are not permitted in Seismic Design Categories D0, D1, and D2 where S1 is greater than or equal to 0.75.
2. Add a new subsection R602.10.4.5, to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single-family dwellings and accessory structures.
Chapter 23.08 BUILDING CODE
23.08.010 Adoption
a. The 2022 California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2 and Appendix G—Flood Resistant Construction, as adopted and amended by the State of California, hereinafter called "Building Code," are adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Building Code shall at all times be kept on file in the office of the City Clerk.
23.08.020 SECTION 501.2 PREMISES IDENTIFICATION—ADDRESS NUMBERS NOT ADOPTED. [Repealed]
Repealed.
23.08.030 SECTION 501.2.1 ADDRESS NUMBERS—MULTI-TENANT BUILDINGS NOT ADOPTED. [Repealed]
Repealed.
23.08.040 SECTION 501.2.2 ADDRESS NUMBERS—REAR ADDRESSING NOT ADOPTED. [Repealed]
Repealed.
23.08.045 SECTION 903.2 AUTOMATIC SPRINKLER SYSTEMS—WHERE REQUIRED NOT ADOPTED. [Repealed]
Repealed.
23.08.090 SECTION 905.3 STANDPIPE SYSTEMS—REQUIRED INSTALLATION NOT ADOPTED. [Repealed]
Repealed.
23.08.100 SECTIONS 1505.1, 1505.1.3 ROOFING REQUIREMENTS AMENDED.
The roof covering or roofing assembly on any structure regulated by this code shall be minimum Class B fire retardant as specified in Table 1505.1 and as classified in Section 1505.
TABLE 1505.1 Minimum Covering Classification for Types of Construction.
| IA | IB | IIA | IIB | IIIA | IIIB | IV | VA | VB |
|---|---|---|---|---|---|---|---|---|
| B | B | B | B | B | B | B | B | B |
23.08.120 SECTION 1705.3 CONCRETE CONSTRUCTION AMENDED.
Section 1705.3 is amended to read as follows:
1705.3 Concrete construction.
The special inspections and verifications for concrete construction shall be as required by this section and Table 1705.3.
Exception: Special inspections shall not be required for:
(1) Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f'c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa) regardless of the compressive strength specified in the construction documents or used in the footing construction.
23.08.130 Section 1905.1.7 Plain Concrete In Earthquake Resisting Structures Amended
1905.1.7 ACI 318 Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 - Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
23.08.140 SECTION 2308 Table 2308.6.1
a. Table 2308.6.1 (Wall Bracing Requirements) of CBC Chapter 23 (Wood) is amended as follows:
1. The title of Table 2308.6.1 is amended to read:
TABLE 2308.6.1a, f, g
2. Footnotes "f" and "g" are added to Table 2308.6.1, to read:
f. Methods PBS, HPS, and SFB are not permitted in Seismic Design Categories D or E.
g. Methods GB, DWB and PCP are not permitted in Seismic Design Category E.
23.08.150 SECTIONS 3109.1 SWIMMING POOL ENCLOSURES AND SAFETY DEVICES AMENDED.
Section 3109.1 is amended to add subsection 3109.1.1 to read as shown below:
3109.1.1 Location
A swimming pool may be placed or constructed in any of the required yard areas provided the pool is constructed at ground level and provided the following setbacks are maintained:
(a) For single-family dwellings, the inside face of the pool shall not be less than four feet from any property boundary of the lot or parcel on which the pool is located.
(b) For multifamily dwellings, the inside face of an outdoor pool shall be not less than twenty feet from any property boundary. Indoor swimming pool structures for multifamily dwellings shall also be subject to the setback requirements for accessory buildings, as designated in Chapter 27.70 of the Zoning Code, with the exception that the minimum clearance of 4 feet to the property line and 5 feet to surrounding buildings shall still apply.
(c) No portion of a swimming pool may be constructed in any public utility easement or drainage easement or utility right-of-way. There shall be not less than five feet of open space between the inside face of the pool and any structure.
(d) No part of a swimming pool (water area) shall be located or constructed directly under permanently-installed electric power lines. Pools shall be located in such a manner that overhead conductor clearances meet the requirements of the Electrical Code, Chapter 23.12 of the San Mateo Municipal Code. No pool shall be constructed in any location that violates any State law or Public Utility Commission rules for location in relation to electric power lines, service drops and/or communication lines.
(e) Swimming pools located on slopes must comply with setback requirements as prescribed in chapter 23.40 of the Site Development Code.
23.08.160 SECTION 3109.4.1 BARRIER HEIGHT AND CLEARANCES AMENDED. [Repealed]
Repealed.
23.08.170 SECTION 3109.6 POOL EQUIPMENT ENCLOSURE ADDED.
Section 3109.6 is added as follows:
Pool Equipment Enclosure. Pumps and other swimming pool equipment which produce sound above the level of 35 dba shall not be located within twenty-five feet of any neighboring property unless such equipment is enclosed in an enclosure that will reduce the sound at the property line to a level of 35 dba or less. Swimming pool heaters need not be enclosed in a pool equipment enclosure.
Chapter 23.09 EXISTING BUILDING CODE
23.09.010 Adoption
a. The 2022 California Existing Building Code, California Code of Regulations, Title 24, Part 10, as adopted and amended by the State of California, hereinafter called "Existing Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Existing Building Code shall imply a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section or not to enforce it.
c. A copy of the Existing Building Code shall at all times be kept on file in the office of the City Clerk.
Chapter 23.10 EARTHQUAKE HAZARD REDUCTION CODE [Repealed]
23.10.010 ADOPTION. [Repealed]
Repealed.
23.10.012 SECTION A103—DEFINITIONS—AMENDED. [Repealed]
Repealed.
23.10.014 ADMINISTRATION. [Repealed]
Repealed.
23.10.016 TIME LIMITS FOR COMPLIANCE. [Repealed]
Repealed.
Chapter 23.12 ELECTRICAL CODE
23.12.010 Adoption
a. The 2022 California Electrical Code, California Code of Regulations, Title 24, Part 3, as adopted and amended by the State of California, hereinafter called "Electrical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Electrical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission thereof with discretion to enforce the section, or not to enforce it.
c. A copy of the California Electrical Code shall at all times be kept on file in the office of the City Clerk.
Chapter 23.16 PLUMBING CODE
23.16.010 Adoption
a. The 2022 California Plumbing Code, California Code of Regulations, Title 24, Part 5, as adopted and amended by the State of California, hereinafter called "Plumbing Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Plumbing Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.
c. One copy of the Plumbing Code shall at all times be kept on file in the office of the City Clerk.
23.16.020 SECTION 719.0 CLEANOUTS.
Section 719.0 is amended by adding Section 719.7 as follows:
719.7
Cleanout. Cleanouts shall be installed adjacent to the property line where the private sewer system connects to the public sanitary sewer lateral and in conformance with the California Plumbing Code. All such line cleanouts shall be extended to grade with materials and according to specifications approved by the Director of Public Works, or designee, and terminate within a concrete box.
Chapter 23.20 MECHANICAL CODE
23.20.010 Adoption
a. The 2022 California Mechanical Code, California Code of Regulations, Title 24, Part 4, as adopted and amended by the State of California, hereinafter called "Mechanical Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Mechanical Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section or not enforce it.
c. A copy of the Mechanical Code shall at all times be kept on file in the office of the City Clerk.
Chapter 23.24 ENERGY CODE
23.24.010 Adoption
(a) The California Energy Code, 2022 Edition, Title 24, Part 6 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Energy Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended.
(b) One copy of the Energy Code shall at all times be kept on file in the office of the City Clerk.
23.24.020 Local Amendment to Definitions [Repealed]
Repealed.
23.24.030 Local Amendment Regarding Mandatory Solar Installations [Repealed]
Repealed.
23.24.040 Local Amendment Regarding All-Electric Requirements for Residential Buildings and Buildings with Office Use. [Repealed]
Repealed.
23.24.050 Local Amendment Regarding All-Electric or Energy Efficiency Standards for High-Rise Multifamily Residential Buildings with 100% Affordable Units. [Repealed]
Repealed.
23.24.060 Local Amendment Regarding All-Electric Buildings or Energy Efficiency Standards for Low-Rise Residential Buildings with 100% Affordable Units. [Repealed]
Repealed.
23.24.070 Infeasibility Exemption. [Repealed]
Repealed.
23.24.080 Expiration. [Repealed]
Repealed.
Chapter 23.28 FIRE CODE
23.28.010 Adoption
(a) The Fire Code adopted by the San Mateo Consolidated Fire Department, and as amended from time to time, hereinafter called "Fire Code," is adopted as the rules, regulations, and standards within the City as to all matters therein, except otherwise provided.
(b) No section of the Fire Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the City, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.
(c) A copy of the Fire Code, as defined herein, shall be kept on file in the office of the City Clerk.
23.28.020 APPLICABILITY. [Repealed]
Repealed.
23.28.030 TITLE—AMENDED. [Repealed]
Repealed.
23.28.040 POLICY MANUAL—AMENDED. [Repealed]
Repealed.
23.28.050 BOARD OF APPEALS—NOT ADOPTED. [Repealed]
Repealed.
23.28.060 GENERAL DEFINITIONS—AMENDED. [Repealed]
Repealed.
23.28.090 BUILDINGS AND FACILITIES—AMENDED. [Repealed]
Repealed.
23.28.100 FIRE LANE DESIGNATION—ADDED. [Repealed]
Repealed.
23.28.110 ADDRESS IDENTIFICATION. [Repealed]
Repealed.
23.28.120 ADDRESS IDENTIFICATION—MULTI-TENANT BUILDINGS—ADDED. [Repealed]
Repealed.
23.28.130 ADDRESS IDENTIFICATION—REAR ADDRESSING—ADDED. [Repealed]
Repealed.
23.28.140 KEY BOX CONTENTS REQUIREMENTS—ADDED. [Repealed]
Repealed.
23.28.145 GATES—ADDED. [Repealed]
Repealed.
23.28.150 RECORDS REPORTING—ADDED. [Repealed]
Repealed.
23.28.160 AUTOMATIC SPRINKLER SYSTEMS—WHERE REQUIRED—AMENDED. [Repealed]
Repealed.
23.28.170 NFPA 13R SPRINKLER SYSTEMS—AMENDED. [Repealed]
Repealed.
23.28.180 AUTOMATIC SPRINKLER SYSTEMS—EXISTING BUILDINGS AND STRUCTURES—ADDED. [Repealed]
Repealed.
23.28.190 FIRE CONTROL ROOM—ADDED. [Repealed]
Repealed.
23.28.200 STANDPIPE SYSTEMS—REQUIRED INSTALLATIONS—AMENDED. [Repealed]
Repealed.
23.28.210 FIRE ALARM CERTIFICATION—ADDED. [Repealed]
Repealed.
23.28.220 MIDRISE SMOKE CONTROL SYSTEMS—ADDED. [Repealed]
Repealed.
23.28.230 CONVENIENCE STAIRWAYS—ADDED. [Repealed]
Repealed.
23.28.240 APPENDIX C, NUMBER AND DISTRIBUTION OF FIRE HYDRANTS—AMENDED. [Repealed]
Repealed.
23.28.250 VIOLATIONS.
It is unlawful to violate or fail to comply with any provisions of this code, or violate or fail to comply with any order made under this code or to build in violation of any detailed statement of specification or plans submitted and approved under this code, or any certificate or permit issued under this code.
23.28.260 FIRE AND LIFE SAFETY INSPECTIONS. [Repealed]
Repealed.
Chapter 23.30 Dangerous Building Code
23.30.010 Adoption
a. The 1997 Uniform Code For The Abatement of Dangerous Buildings, published by the International Conference of Building Officials, hereinafter called "Dangerous Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Dangerous Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Dangerous Building Code shall at all times be kept on file in the office of the City Clerk.
23.30.020 Title and Scope
Chapter 1 Title and Scope is amended as follows:
a. Section 103 is amended as follows:
All buildings or structures which are to be repaired under the provisions of this code shall be subject to the provisions of the Building Code.
23.30.030 Enforcement
Chapter 2 Enforcement is amended as follows:
a. Section 204 is amended as follows:
All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 110 and 1701 of the Building Code.
b. Section 205.1 is amended as follows:
General. Appeals to orders, decisions, or determinations made by the building official relative to the application of this code shall be reviewed by the City Council in accordance with Chapters 5 and 6 of this code. The City Council shall serve as the board of appeals. The hearing shall be informal and shall not require compliance with the formal rules of evidence. At the hearing, the City Council shall hear and consider all relevant evidence in reaching its decision.
c. Section 205.2 is not adopted.
23.30.040 Definitions
Chapter 3 Definitions is amended as follows:
a. Section 301 is amended as follows:
The term "Building Code" is the California Building Code, promulgated by the International Code Council and as adopted by the City of San Mateo.
The term "Housing Code" is the California Residential Code and the International Property Maintenance Code promulgated by the International Code Council and as adopted by the City of San Mateo.
b. Section 301 is amended to include the following definition:
The term "board of appeals" or "board" shall mean the City Council.
c. Section 302.15 is amended as follows:
15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Director of the Community Development Department, building official or code enforcement manager to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
23.30.050 Appeal
Chapter 5 Appeal is amended as follows:
a. Section 501.1 Form of Appeal, first paragraph, is amended as follows:
501.1. Form of Appeal. Any person entitled to service under Section 401.3 may appeal from any notice and order or any action of the building official under this code by submitting a written appeal to the Director of the Community Development Department containing the following requisite information:
b. Section 501.2 Processing of Appeal is amended as follows:
501.2. Processing of Appeal. Upon receipt of any appeal filed pursuant to this Chapter, the Director of the Community Development Department shall as soon as practicable schedule an appeal hearing before the City Council.
23.30.060 Procedures for Conduct of Hearing Appeals
Chapter 6 Procedures for Conduct of Hearing Appeals is amended as follows:
a. Section 601 General is not adopted.
b. Section 603 Subpoenas is not adopted.
c. Section 604.2 Oral Evidence is not adopted.
d. Sections 605.2 Hearing Before Examiner; 605.3 Consideration of Report by Board-Notice; 605.4 Exceptions to Report; 605.5 Disposition by the Board; and 605.6 Proposed Decision Not Adopted are not adopted.
23.30.070 Performance of Work of Repair or Demolition
Chapter 8 Performance of Work of Repair or Demolition is amended as follows:
a. Section 801.1 Procedure is amended as follows:
When any work or repair or demolition is to be done pursuant to Section 701.3, Item 3, of this code, the building official shall prepare the work to be accomplished by the City or private contract under the direction of the Director of the Community Development Department.
b. Section 801.2 Costs is amended as follows:
The cost of such work done may be made a special assessment against the property involved, or may be a personal obligation of the property owner, or by all other legal means as determined appropriate by the City Council.
c. Section 802 Repair and Demolition Fund is not adopted.
23.30.080 Recovery of Cost of Repair or Demolition
Chapter 9 Recovery of Cost of Repair or Demolition is amended as follows:
a. Section 901 Account of Expense, Filing of Report is amended as follows:
The Director of the Community Development Department shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 701.3, Item 3, of this code. Upon the completion of the work of repair or demolition, said director shall prepare and file with the City Council a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3.
b. Section 905.2 Personal Obligation is amended as follows:
905.2 Personal Obligation. If the City Council orders that the charge shall be a personal obligation of the property owner, the City Attorney may direct the collection of the charge by use of all appropriate legal remedies.
c. Section 912 Repayment of Repair and Demolition Fund is not adopted.
Chapter 23.32 FIRE PROTECTION FACILITIES CODE [Repealed]
23.32.010 REQUIREMENTS—GENERAL. [Repealed]
Repealed.
23.32.020 PURPOSE. [Repealed]
Repealed.
23.32.030 DEFINITIONS. [Repealed]
Repealed.
23.32.040 WATER FLOW REQUIREMENTS. [Repealed]
Repealed.
23.32.050 PLANS—REVIEW BY FIRE CHIEF. [Repealed]
Repealed.
23.32.060 PLANS—APPROVAL OR DISAPPROVAL. [Repealed]
Repealed.
23.32.070 FIRE EQUIPMENT ACCESS REQUIRED. [Repealed]
Repealed.
23.32.080 PREREQUISITES FOR FINAL INSPECTION AND OCCUPANCY PERMIT. [Repealed]
Repealed.
23.32.090 FIRE PROTECTION FACILITIES—MAINTENANCE REQUIREMENTS. [Repealed]
Repealed.
23.32.100 FIRE PROTECTION FACILITIES—ON-SITE—ALTERATION OR MODIFICATION. [Repealed]
Repealed.
23.32.110 FIRE PROTECTION FACILITIES—ON-SITE—ACCESS REQUIREMENTS. [Repealed]
Repealed.
Chapter 23.33 FLOODPLAIN MANAGEMENT
23.33.010 PURPOSE AND METHODS.
(a) Statement of Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
(7) Assist in notifying potential buyers that property is in an area of special flood hazard; and
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(b) Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(4) Control filling, grading, dredging, and other development which may increase flood damage; and
(5) Prevent or regulate the construction of flood barriers which will unnatu-rally divert flood waters or which may increase flood hazards in other areas.
23.33.020 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. These definitions are not intended to supersede or to be applicable to other codes or regulations.
(a) "A zone" has the same meaning as "special flood hazard area."
(b) "Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located with a structure that is either: (1) solely for the parking of two cars; or (2) a shed for limited storage, which is less than 150 square feet in size and $1,500.00 in value.
(c) "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
(d) "Alternate design standard approval" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
(e) "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
(f) "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter.
(g) "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map ("FIRM") where the base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, velocity flow may be evident, and such flooding is characterized by ponding or sheet flow.
(h) "Area of special flood hazard" has the same meaning as "special flood hazard area."
(i) "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood").
(j) "Base flood elevation" ("BFE") means the elevation shown on the Flood Insurance Rate Map for zones AE, AH, A1 through A30, VE, and V1 through V30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.
(k) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
(l) "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters.
(m) "Building" has the same meaning as "structure."
(n) "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as zone V1 through V30, VE, or V.
(o) "Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
(p) "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain which may impede or alter the flow capacity of a floodplain.
(q) "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(r) "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(s) "Flood," or "flooding," or "flood water" means:
(1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
(2) The condition resulting from flood-related erosion.
(t) "Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.
(u) "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
(v) "Flood Insurance Study" means the official report provided by the Federal Insurance and Mitigation Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood.
(w) "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source.
(x) "Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations.
(y) "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
(z) "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
(aa) "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
(bb) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."
(cc) "Floodway fringe" is that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
(dd) "Fraud and victimization" as related to Section 23.33.060, Alternate Design Standard Procedure, of this chapter, means that the alternate design standard granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates or may purchase the property with knowledge that it is within the special flood hazard area.
(ee) "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
(ff) "Governing body" is the City.
(gg) "Hardship" as related to Section 23.33.060, Alternate Design Standard Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested alternate design standard. The City requires that the need for the alternate design standard be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting an alternate design standard, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
(hh) "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(ii) "Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places; or
(4) Individually listed on a local inventory of historic places certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior.
(jj) "Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
(kk) "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
(ll) "Lowest floor" means the lowest enclosed area, including basement (see "Basement" definition).
(1) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
(i) The flood openings standard in Section 23.33.050(a)(3)(iv);
(ii) The anchoring standards in Section 23.33.050(a)(1);
(iii) The construction materials and methods standards in Section 23.33.050(a)(2);
(iv) The standards for utilities in Section 23.33.050(d).
(2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.
(mm) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
(nn) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(oo) "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the Floodplain Administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.
(pp) "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
(qq) "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
(rr) "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.
(ss) "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
(tt) "One-hundred-year flood" or "100-year flood" has the same meaning as "base flood."
(uu) "Primary frontal dune" means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.
(vv) "Public safety nuisance" as related to Section 23.33.060, Alternate Design Standard Procedure, of this chapter means that the granting of an alternate design standard must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
(ww) "Recreational vehicle" means a vehicle which is:
(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(xx) "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(yy) "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
(zz) "Residential construction" means structures containing residential dwelling units or residential living space. Hotels, motels, and mixed use buildings with no residential dwelling units at or below base flood elevation are not considered residential construction.
(aaa) "Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
(bbb) "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
(ccc) "Sheet flow area" has the same meaning as "area of shallow flooding."
(ddd) "Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the FIRM as zone A, AO, A1 through A30, AE, A99, AH, V1 through V30, VE or V.
(eee) "Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(fff) "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
(ggg) "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
(hhh) "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. It shall be presumed that additions to the existing structure which cover an area which is 50% of the before the "start of construction" floor area, will trigger the 50% of market value standard. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
(iii) "V zone" has same meaning as "coastal high hazard area."
(jjj) "Violation" means the failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
(kkk) "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(lll) "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
23.33.030 GENERAL PROVISIONS.
(a) Applicability. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of San Mateo.
(b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance and Mitigation Administration (FIMA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) initiated on October 19, 2001, on the Flood Insurance Rate Maps (FIRMs), dated October 19, 2001, and all subsequent amendments or revisions, are hereby adopted by reference and declared to be a part of this chapter. This mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator.
(c) Compliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a public offense. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.
(d) Abrogation and Greater Restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(e) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
23.33.040 ADMINISTRATION.
(a) Application of Development Standards. Development standards contained in this chapter shall apply to all development located within an area of special flood hazard. Formal City approval in the form of a building permit or some other development permit shall be obtained before any construction or other development begins within any area of special flood hazard. Application of these development standards shall be made by use of forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
(b) Designation of the Floodplain Administrator. The City Manager for the City of San Mateo or designee is appointed to administer, implement, and enforce this chapter.
(c) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Making determinations concerning the implementation of the requirements of this chapter on development projects within the City of San Mateo and to determine that:
(i) Permit requirements of this chapter have been satisfied;
(ii) All other required state and federal permits have been obtained;
(iii) The site is reasonably safe from flooding;
(iv) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point; and
(v) All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits shall not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.
(2) Development of Substantial Improvement and Substantial Damage Procedures.
(i) Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedure for identifying and administering requirements for substantial improvement and substantial damage, to include defining "market value."
(ii) Coordinating and implementing procedures with other departments/divisions.
(3) Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, and adopted by the City in order to administer Section 23.33.050.
(4) Notification of Other Agencies. In the event of alteration or relocation of a watercourse and base flood elevation changes due to physical alterations and changes in corporate boundaries:
(i) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(ii) Submit evidence of such notification to the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency; and
(iii) Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
(5) Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed all development and building permits issued, plans approved and certifications required for projects governed by this chapter. The records of the Floodplain Administrator shall include, but not be limited to, the following:
(i) The certified elevation of the lowest floor for each new building or substantially improved building;
(ii) The method of floodproofing of all construction below the base flood elevation and the elevation to which nonresidential structures are floodproofed and certification of floodproof design;
(iii) The design calculations and design details confirming structure can automatically equalize hydrostatic forces on exterior walls;
(iv) Records of all inspections necessary to ensure compliance with floodplain management regulations;
(v) Documentation of floodproofing below the elevation recommended under Section 23.33.050(a)(3)(i) so that the structure is watertight with walls substantially impermeable to the passage of water;
(vi) Documentation of structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(vii) Certification by a registered professional engineer or architect that the standards of this section are satisfied.
(6) Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 23.33.040(d).
(7) Remedial Action. Take action to remedy violations of this chapter as specified in Section 23.33.040(c).
(d) Appeals. The City Manager of the City of San Mateo shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Appeals shall be filed at the City Clerk's office within 10 days of the Floodplain Administrator's mailing of his or her decision.
23.33.050 PROVISIONS FOR FLOOD HAZARD REDUCTION.
(a) Standards of Construction. In all areas of special flood hazards the following standards are required:
(1) Anchoring.
(i) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(ii) All manufactured homes shall meet the anchoring standards of subsection (e).
(2) Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
(i) With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
(ii) Using methods and practices that minimize flood damage;
(iii) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
(iv) Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.
(3) Elevation and Floodproofing. (See Section 23.33.020, Definitions, for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")
(i) Residential Construction. All new construction or substantial improvements of residential structures shall have the lowest floor, including basement:
(A) In AE, AH, A1 through A30 Zones, elevated to or above the base flood elevation.
(B) In an AO Zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified.
(C) In an A zone, without BFEs specified on the FIRM, elevated to or above the base flood elevation; as determined under Section 23.33.040(c)(2).
(ii) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and submitted to a City building inspector and represented to be properly elevated. Such certification shall be provided to the Floodplain Administrator for review.
(iii) New nonresidential construction or substantial improvements to existing nonresidential construction, shall either be elevated to conform with subsection (a)(3)(i) or together with attendant utility and sanitary facilities:
(A) Be floodproofed below the elevation recommended under subsection (a)(3)(i) so that the structure is watertight with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(C) Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.
(iv) Flood Openings. All new construction and substantial improvements of structure with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access, or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood water. Designs for meeting this requirement must meet the following minimum criteria:
(A) For non-engineered openings:
1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
(B) Be certified by a registered civil engineer or architect.
(v) Manufactured homes shall also meet the standards in subsection (e).
(b) Garages and Low Cost Accessory Structures.
(1) Attached Garages.
(i) A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters (see subsection (a)(3)). Areas of the garage below the BFE must be constructed with flood resistant materials in accordance with subsection (a)(2).
(ii) A garage attached to a nonresidential structure must meet the above requirements or be dry flood proofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
(2) Detached Garages and Accessory Structures.
(i) "Accessory structures," as defined in Section 23.33.020, "Definitions," may be constructed with a floor below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
(A) Use of the accessory structure must be limited to parking or limited storage;
(B) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
(C) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
(D) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
(E) The accessory structure must comply with floodplain encroachment provisions in this section; and
(F) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with this section.
(ii) Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section.
(c) Breakaway Walls. A breakaway wall shall have a safe design loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and
(2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.
(d) Standards for Utilities.
(1) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(i) Infiltration of flood waters into the systems; and
(ii) Discharge from the systems into flood waters.
(2) On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding.
(e) Standards for Subdivisions. All subdivision proposals must:
(1) Identify the special flood hazard area and the BFE.
(2) Provide the elevation of proposed structure(s) and pad(s). If the site is filled above the BFE, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
(3) Be consistent with the need to minimize flood damage.
(4) Have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(5) Provide adequate drainage to reduce exposure to flood hazards.
(f) Standards for Manufactured Homes.
(1) All manufactured homes that are placed or substantially improved, within zones A1 through A30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:
(i) Outside of a manufactured home park or subdivision;
(ii) In a new manufactured home park or subdivision;
(iii) In an expansion to an existing manufactured home park or subdivision; or
(iv) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the BFE and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
(2) All manufactured homes that are placed or substantially improved on sites located within zones V1 through V30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of subsection (d)(1).
(3) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1 through A30, AH, AE, V1 through V30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection (e)(1) will be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement, and be elevated so that either the:
(i) Lowest floor of the manufactured home is at or above the BFE; or
(ii) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and submitted to the community building inspector and represented to be properly elevated. Such certification shall be provided to the Floodplain Administrator for review.
(g) Standards for Recreational Vehicles.
(1) All recreational vehicles placed on sites within zones A1 through A30, AH, and AE on the Flood Insurance Rate Map will either:
(i) Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or
(ii) Meet the permit requirements of Section 23.33.040 of this chapter and the elevation and anchoring requirements for manufactured homes in subsection (e)(1).
(2) Recreation vehicles placed on sites within zones V1 through V30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of subsection (e)(1).
(h) Floodways. Since floodways are an extremely hazardous area due to the velocity of flood water which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1) Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within zones A1 through A30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City boundary.
(2) Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(3) All new construction and substantial improvements must comply with all other applicable flood hazard reduction provisions of this section.
(i) Coastal High Hazard Areas. Within coastal high hazard areas as established under Section 23.33.030(b), the following standards shall apply:
(1) All new construction and substantial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
(2) All new construction and other development shall be located on the landward side of the reach of mean high tide.
(3) All new construction and substantial improvements shall have the space below the lowest floor free of obstructions or constructed with breakaway walls. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
(4) Fill shall not be used for structural support of buildings.
(5) Man-made alteration of sand dunes which would increase potential flood damage is prohibited.
(6) The Floodplain Administrator shall obtain and maintain the following records:
(i) Reserved.
(ii) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
23.33.060 ALTERNATE DESIGN STANDARD PROCEDURE.
(a) Applicability. Alternate design standards may be approved for new construction or, substantial improvements necessary for the conduct of a functionally dependent use provided that the provisions of this chapter are satisfied and that the structure or other development is protected by methods that minimize flood damage during the base flood, does not result in additional threats to public safety and does not create a public nuisance. The alternate design standard criteria set forth in this section pertain to a piece of property and are not personal in nature. An alternate design standard may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
Initial determination regarding issuance of a permit based upon alternate design standards shall be by the Floodplain Administrator.
(b) Requirements for Alternate Design Standards.
(1) Alternate design standards may be issued for new construction, and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 23.33.040 and 23.33.050 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the alternate design standard increases.
(2) Alternate design standards may be approved for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the alternate design standard is the minimum necessary to preserve the historic character and design of the structure.
(c) Limitations on Use of Alternate Design Standards.
(1) Alternate design standards shall not be approved within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
(2) Alternate design standards shall only be approved upon a determination that the alternate design standard is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of alternate design standards to an elevation requirement, this means the City need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City believes will both provide relief and preserve the integrity this chapter.
(d) Required Findings for Use of Alternate Design Standards. Alternate design standard shall only be approved upon the Building Official's determination that:
(1) There is showing of good and sufficient cause;
(2) Failure to grant the alternate design standard would result in exceptional "hardship" (as defined in Section 23.33.020 of this chapter) to the applicant; and
(3) The approval of an alternate design standard will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, public safety nuisance, fraud or victimization of the public, or conflict with existing local laws or ordinances.
(e) Conditions of Approval. Upon consideration of the factors of subsection (a) and the purposes of this chapter, the Building Official may attach such conditions to the granting of alternate design standard as he or she deems necessary to further the purposes of this chapter.
(f) Relevant Facts for Alternate Design Standards. In passing upon requests for alternate design standards, the Floodplain Administrator shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:
(1) Danger that materials may be swept onto other lands to the injury of others;
(2) Danger of life and property due to flooding or erosion damage;
(3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;
(4) Importance of the services provided by the proposed facility to the community;
(5) Necessity to the facility of a waterfront location, where applicable;
(6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development;
(8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) Safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(g) Notice. Any applicant to whom an alternate design standard is granted shall be given written notice over the signature of the Floodplain Administrator or designee that:
(1) The approval of an alternate design standard to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
(2) Such construction below the base flood level increases risks to life and property.
A copy of the notice shall be recorded by the Floodplain Administrator in the office of the San Mateo County Recorder so that it appears in the chain of title of the affected parcel of land.
(h) Records. The Floodplain Administrator will maintain a record of all alternate design standards actions, including justification for their issuance, and report such alternate design standards issued in its biennial report submitted to the Federal Insurance and Mitigation Administration, Federal Emergency Management Agency.
23.33.070 TERMINATION.
This chapter shall terminate and be of no further force and effect when there are no properties within the special flood hazard area.
Chapter 23.36 Historical Building Code
23.36.010 Adoption
a. The 2022 California Historical Building Code, California Code of Regulations, Title 24, Part 8, as adopted and amended by the State of California, hereinafter called "Historical Building Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the Historical Building Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the Historical Building Code shall at all times be kept on file in the office of the City Clerk.
Chapter 23.38 Referenced Standards Code
23.38.010 Adoption
a. The 2022 California Referenced Standards Code, California Code of Regulations, Title 24, Part 12, as adopted and amended by the State of California, hereinafter called "Referenced Standards Code," is adopted as the rules, regulations, and standards within this City as to all matters therein except as hereinafter modified or amended.
b. No section of the California Referenced Standards Code shall impose a mandatory duty of enforcement on the City, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, that section shall invest the City, and the appropriate officer, official, agent, employee, board, council or commission with discretion to enforce the section, or not to enforce it.
c. A copy of the California Referenced Standards Code shall at all times be kept on file in the office of the City Clerk.
Chapter 23.40 SITE DEVELOPMENT CODE
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.
23.40.020 Definitions.
For the purposes of this Chapter, the following terms are defined as set forth below:
(a) "Best Management Practice (BMP)" means a technique or series of techniques which, when utilized in a designated manner, is proven to be effective in controlling construction-related runoff, erosion, and sedimentation.
(b) "Certify" or "Certification" means the specific inspections and tests where required have been performed, and that such tests comply with the applicable requirements of State and Federal law and of this chapter.
(c) "Cubic Yards" means the amount of material in excavation and/or fill measured by the method of "average end areas".
(d) "Erosion" means the action or process of wearing away of earth or soil by the action of water.
(e) "Excavation" means any act by which organic matter, earth, sand, gravel, rock or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and includes the conditions resulting therefrom.
(f) "Existing Grade" means the vertical location of the existing ground surface prior to excavation or filling.
(g) "Filling" means any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported or moved by man to a new location and shall include the conditions resulting therefrom.
(h) "Final Erosion and Sediment Control Plan" means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed.
(i) "Grading" means excavation or fill or any combination thereof and includes the conditions resulting from any excavation or fill.
(j) "Intensify" means the addition of one or more dwelling units in a residential district; or the physical extension of a structure or the expansion of a parking area in any commercial, executive, or industrial district.
(k) "Interim Erosion and Sediment Control Plan" means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which pre-construction and construction-related grading occurs.
(l) "Landscape Architect" means a person who is licensed by the State of California to practice landscape architecture.
(m) "Major Vegetation" means live vegetation, consisting of tree growth with a trunk diameter of six (6) inches or greater (circumference of eighteen and nine-tenths inches) measured at fifty-four (54) inches above natural grade.
(n) "Manual of Standards (Manual)" means a compilation of technical application standards and design specifications adopted by the Director of Public Works as being proven methods of controlling construction-related runoff, erosion, and sedimentation.
(o) "Natural Slope" means the predominant slope or slopes of land in its natural condition disregarding minor surface humps or hollows.
(p) "Natural Terrain" means the natural contour of a site before man-made development, or as the same exists prior to the undertaking of any new improvement.
(q) "Parcel" means an area of land which has been legally subdivided.
(r) "Permittee" means any person to whom a site development permit is issued.
(s) "Project Arborist" means an ISA Certified Arborist designated to evaluate the potential impacts of Construction Activity on Protected Trees, write specifications for tree preservation, oversee Construction Activity within the Dripline of Protected Trees and other necessary activities as determined by the City Arborist.
(t) "Protected Tree" means a Heritage Tree or a Street Tree (as defined in SMMC 13.40 Protected Trees), or a tree designated as protected as part of an approved Planning Application that is subject to Chapter 27.71.
(u) "Removal" means:
(1) Cutting to the ground, complete extraction, or killing by spraying, girdling, or any other means; or
(2) Major Pruning not done in conformance with a Major Pruning Permit as defined in Section 13.40.
(v) "Sediment" means material deposited by water.
(w) "Site" means a lot or parcel of land, or a contiguous combination thereof, where grading is performed as a single unified operation.
(x) "Site Development" means grading and/or removing major vegetation.
(y) "Site Development Planning Application" means an application through the Planning Division for approval of a project requiring a site development permit.
(z) "Site Development Permit" means a permit issued through the Public Works Department to proceed with site development.
(aa) "Slope" shall be defined as an inclined ground surface, expressed as a fraction of vertical over horizontal distance (rise over run) across any portion of a parcel. The term "gradient" shall be synonymous with the term "percent slope". For purposes of this chapter, slope shall be measured across the predominant slope or slopes of land disregarding minor surface humps or hollows.
(bb) "Slope Height" means the vertical dimension between the high (top) and low (toe) points of a slope. The top and the toe of the slope shall be the points at which the slope intersects flat planes. A flat plane shall be considered any surface with a gradient of five (5%) percent or less. The overall height of separated slopes shall be added in calculating slope height unless the slopes are separated by a flat area at least forty (40) feet wide. The height of existing engineered retaining walls shall not be included in the calculation of slope height.
(cc) "Soils Engineer" means a registered engineer recognized by the State Board of Registration for Professional Engineers and Land Surveyors as authorized and competent to do the work required.
(dd) "Vacant" means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself.
23.40.030 REQUIRED APPROVALS.
(a) Approval Authority. No person shall commence or perform any site development or slope construction, as detailed in (b) and (c) below, without first obtaining approval of a site development planning application followed by application for, and issuance of, a site development permit, which allows construction to proceed. the purpose of the planning application is to define the basic parameters of the proposed work, determine of viability of the site development project, and allow for public review. The purpose of the site development permit is to insure that the final construction documents comply with all code requirements and conditions of approval of the planning application.
(b) General Site Work. Site development occurring within any of the following provisions shall require a site development planning application and a site development permit unless such work is exempted by "d" below:
(1) Grading will exceed an area of 5,000 square feet and 5,000 cubic feet (185 cubic yards);
(2) Grading will exceed a volume of 550 cubic yards;
(3) Grading, regardless of quantity, where, in the opinion of the Building Official and/or Director of Public Works, special physical conditions of the site or protection of the public safety requires application of this chapter.
(4) Major vegetation is to be removed from any vacant parcel of land or from a parcel of land in conjunction with redevelopment or intensifying the use of the parcel or in preparation of such activity.
(c) Slope Work. Site development located on a slope of 15 percent or greater or within the slope setbacks as defined in the following table, shall require a site development planning application and a site development permit unless such work is exempted by "d" below;
| Slope | Slope Height | |
|---|---|---|
| 10 feet to 30 feet | Over 30 feet | |
| 15% up to 25% | 15 feet from the top or toe of the slope. | |
| Over 25% and up to 50% | The greater of either: 15 feet; the diagonal distance of 3 horizontal to 1 vertical measured from the toe of the slope; or a distance equal to the slope height from the top or the toe of the slope. | The work is located within the greater of either: the diagonal distance of 4 horizontal to 1 vertical, measured from the toe of the slope; or a distance equal to the height of the slope. |
| Over 50% | The greater of either: 15 feet; the diagonal distance of 3 horizontal to 1 vertical measured from the toe of the slope; or a distance equal to two times the slope height from the top of the slope or one times the slope height from the toe of the slope. | |
(d) Exceptions. Site development meeting one of the following criteria is exempt from the requirement for a site development planning application and a site development permit.
(1) Excavation below finished grade for tanks, vaults, sewer facilities, tunnels, equipment basements, swimming pools, cellars or footings for building or structures authorized by a valid building permit;
(2) Excavations by public utility companies or the City in public utility easements, streets, rights-of-way, or on property owned in fee by the public utility companies, for the purpose of maintaining existing utilities or installing new facilities either above or below ground;
(3) Excavations for installation of fence posts or planting of trees;
(4) Interment operations of a cemetery, but not including grading for cemetery development;
(5) Excavation on slopes 10 feet, or less, in height;
(6) Excavation for pier or caisson footings for a nonhabitable structure such as a deck, gazebo, shed or similar structure, provided the slope is no greater than 25 percent;
(7) Excavations for storm drain facilities on properties in single family use and on other properties where the ground surface is brought back to its original level and the existing drainage pattern is maintained;
(8) Projects consisting of soil excavation for examination or contaminant remediation where soil is removed for testing or treatment and replaced with non-contaminated soil to the original surface condition and level; and
(9) Single family additions and accessory structures meeting one of the conditions set forth below:
(A) Single family additions and accessory structures located within slope setbacks or on slopes greater than 15 percent (unless governed by (B) below) provided:
(i) A geotechnical report containing applicable foundation, grading and drainage recommendations may be required at the discretion of the Director of Public Works or Building Official. Factors to be considered in determining whether a geotechnical report is required include, but are not limited to, slope gradient, potential affect upon adjacent properties, construction method and subsurface geology;
(B) Single family additions and accessory structures of more than 500 square feet located within slope setbacks or on slopes greater than twenty-five percent (25%), when supported by a geotechnical report containing applicable foundation, grading and drainage recommendations;
(C) Single family additions and accessory structures 5 feet or more from the top of creek banks, except where the "San Mateo Creek setback" (as defined in City of San Mateo Downtown Specific Plan Urban Design Policy UD-24 San Mateo Creek Flood Protection) applies.
23.40.040 Procedures.
This Section contains the provisions for the 2 phases of the site development approval and permitting process. Phase I consists of the site development planning application, which is processed through the Planning Division. Phase II provides for obtaining the site development permit from the Public Works Department following approval of the site development planning application.
(a) Phase I—Site Development Planning Application. Each application for site development through the Planning Division shall be made by the owner of record or his or her authorized agent, submitted on forms furnished for that purpose, and accompanied by the required project submittals, fees and deposits.
(1) Review and Approval Authority. Each site development planning application shall be processed in accordance with Chapter 27.08 (Rules of Procedure) contained in Title 27 (Zoning) of the Municipal Code. Such processing includes project review, noticing, hearing, approval and appeal of decisions. Decision authority for approval, approval with conditions, or denial of site development projects is set forth in the following table:
|
SITE DEVELOPMENT PLANNING APPLICATION (SDPA) APPROVAL AUTHORITY |
|
|---|---|
| Zoning Administrator | Planning Commission |
| Grading, where the aggregate volume does not exceed 5,000 cubic yards and the site development is not occurring on slopes greater than 25% or within the setbacks from such slopes would require a Site Development Planning Application for Grading. | Grading, where the aggregate volume exceeds 5,000 cubic yards and/or the proposed grading (cut/fill) exceeds 5 feet (height/depth) at its maximum point would require a Site Development Planning Application for Grading. |
| Removal of major vegetation Protected Trees from property which has been previously developed and/or subdivided and which is being redeveloped or more intensely used would require a Site Development Planning Application for Tree Removal. | Site development occurring on slopes greater than 25% or within slope setbacks would require a Site Development Planning Application for Grading. |
| Removal of major vegetation Protected Trees from previously undeveloped and/or unsubdivided acreage, or land which is to be resubdivided would require a Site Development Planning Application for Tree Removal. | |
(2) Basic Submittals. Each site development planning application shall be accompanied by a plot plan signed by a civil engineer, showing the following, however, at the time of application, the Director of Public Works may modify these requirements based upon special site conditions or unique circumstances that clearly indicate that the required submittal is unnecessary. During the review process, the City may require additional information necessary to make a final determination.
(A) Location of existing and proposed buildings or structures on the property;
(B) Location of all existing and proposed streets, roadways, driveways, easements, public utilities and rights-of-way;
(C) Details of any proposed culverts, drainage structures, collection system, cribbing, terraces, and/or surface protection, not including vegetative cover, required for drainage and erosion control of the property, or adjoining property;
(D) Delineation and brief description of the surface runoff and erosion control measures to be implemented, including any applicable construction phase BMPs;
(E) The present contours of the site in dashed lines and the proposed contours in solid lines. Contour intervals shall be not more than two (2) feet where slopes are predominantly five (5%) percent or less, and not more than five (5) feet where slopes are predominantly steeper than five (5%) percent. Ninety (90%) percent of all contours shall be accurate within one-half contour interval of correct position. The source of topographical information shall be indicated;
(F) The location of all drainage to, from, and across the site including the location of any intermittent and permanent springs or other potential locations of water quality impact;
(G) The location of all Protected Trees as defined in Chapter 13.40 and Chapter 23.40 together with an indication of those which must be removed;
(H) Geotechnical study prepared by a soils engineer which shall include at a minimum, historical data (such as from original subdivision records) and conclusions/recommendations based upon an adequate number of soil borings driver to adequate depth, for foundation footings, retaining walls, provisions for differential settlement, and for grading procedures and designs for interim and final soil stabilization devices and measures.
(3) Supplemental Submittals. The following information may be required for any site development planning application, or as a condition of approval of said application, if the Director of Public Works, after preliminary review of the application, finds any or all necessary to accomplish the purpose of this chapter.
(A) A statement of the estimated quantity of material proposed to be excavated and/or the amount of fill in cubic yards;
(B) Grading specifications prepared by a soils engineer;
(C) Roadway and/or driveway geometry including profiles and cross-Sections;
(D) Drainage calculations, including at a minimum, existing and post-project run-off quantities, capacity of existing downstream drainage systems, and impact of the project on those systems;
(E) Interim Erosion and Sediment Control Plan (Interim Plan). All of the following information shall be provided with respect to conditions existing on the site during grading activities or soil storage:
(i) Maximum surface runoff from the site shall be calculated using the method approved by the Director of Public Works and maintained in the Manual, or any other method proven to the Director of Public Works to be as or more accurate;
(ii) Sediment yield shall be calculated suing the method approved by the Director of Public Works and maintained in the Manual, or any other method proven to the Director of Public Works to be as or more accurate;
(iii) A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for berms and sediment detention basins, and a schedule for their maintenance and upkeep;
(iv) A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying mulches, and designs and specifications for diverters, dikes and drains, and a schedule for their maintenance and upkeep;
(v) A delineation and brief description of the vegetative measures to be taken, including, but not limited to, seeding methods, the type, location, and extent of pre-existing and undisturbed vegetation types, and a schedule for their maintenance and upkeep;
(vi) The location of all the measures listed by the permittee under Subsections (iii), (iv) and (v) above, shall be depicted on the site map and/or grading plan;
(vii) A contingency plan to be implemented in the case of failure of control measures or in the case of intense or prolonged rainfall;
(F) Final Erosion and Sediment Control Plan (Final Plan). The Final Plan shall provide all of the information listed in E, above, with respect to conditions existing on the site after final structures and improvements (except for those required under this Section) have been completed and where these final structures have not been covered by an Interim Plan.
(G) A master work schedule showing the following information:
(i) Statement of the estimated starting and completion dates for the grading work proposed and any landscape work that may be required;
(ii) Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures;
(iii) Schedule for construction, if any;
(iv) Schedule for installation of permanent erosion and sediment control devices where required;
(H) Plans and specifications showing functional planting for the protection of the public safety and, if appropriate, information relating to landscaping of adjacent or surrounding areas affected by the proposed development. Such plans and specifications shall be prepared and signed by a landscape architect, except where specified below. These plans shall show:
(i) Distribution of plant material; location, quantity and key number of each species of plant in each group; outline of all lawn areas, areas to be seeded, sodded or sprigged; existing trees, if any, to be preserved, transplanted or removed; kind, size, and work involved as related to slope control and/or physical environment;
(ii) A Tree Evaluation Schedule of existing trees as defined in Chapter 27.71 prepared and signed by an ISA Certified Arborist (Project Arborist), identifying trees to be preserved, transplanted or removed;
(iii) A Tree Protection Plan prepared and signed by the Project Arborist specifying tree protection measures in accordance with Chapter 13.40;
(iv) The kind, size, and work involved as related to slope control and/or physical environment;
(v) List of plant material giving standard botanical plant names and key number for each variety for reference to plan, and in addition, the size, quality or other pertinent description common to the trade;
(vi) A Required Tree Planting Form specifying the mitigation for removal of existing trees in the form of tree planting and/or payment of in-lieu fees;
(vii) A specification describing the methods for planting the areas to be landscaped with special emphasis on: (a) soil preparation, fertilization, plant material and methods of planting, and (b) initial maintenance of the plant material and slopes until a specified percentage of plant coverage is established uniformly on the cut and fill slopes;
(viii) A statement by landscape architect regarding: (a) The length of time after planting, with the specified maintenance normally required to produce the specified percentage of plant coverage on the slopes in the slope control areas, and (b) the additional length of time, without any special maintenance, normally required to produce a coverage of permanent planting which will control erosion;
(ix) Details of all items and features pertaining to site preservation and improvements such as retaining walls, and tree wells, and details not shown on other plans accompanying the application;
(x) Such other and further details as may be specified and required by the Director of Public Works to carry out the purposes of this chapter.
(I) The name, address, and phone numbers of all persons, if any, who will receive excavated material in excess of five hundred cubic yards;
(J) If fill material is to be obtained from elsewhere other than the site, a statement as to the source and type thereof if such information is known at the time of application. If not known at such time, such information shall be submitted when known and, in any event, not later than commencement of hauling operations of the imported fill material;
(K) The route or routes proposed to be followed in San Mateo, excavation or fill material, as required by the schedule of truck routes on file in the office of the City Clerk;
(L) Such further applicable information as the Director of Public Works may required in order to carry out the purposes of this chapter.
(4) Findings for Approval. Prior to recommending approval of a site development planning application, the approval body shall find that all concerns regarding surface grading, structure foundations, drainage, subsurface conditions, erosion, landscaping and tree removal have been addressed. The approval body shall consider the following factors, where applicable, in making the above finding:
(A) Saturation of fill and unsupported cuts by water, both natural and domestic;
(B) Runoff of surface waters that produce erosion, and silting of drainage ways;
(C) Subsurface conditions such as the rock strata and faults;
(D) Nature and type of soil or rock that when disturbed by the proposed grading may create earth movements;
(E) Effect upon the potential for optimum subdivision design;
(F) Effect upon the visual relationships with other development in the vicinity of the site;
(G) Appropriateness of the proposed site development for the character of a planned community or planned unit development proposal;
(H) Capability of proposed slopes to be landscaped;
(I) Whether the natural landscape and major vegetation is unnecessarily scarred through the proposed grading or removal of vegetation;
(J) The report from the Project Arborist with respect to Protected Trees pursuant to Chapters 27.71 and 13.40;
(K) Any other considerations arising from any environmental impact report which will eliminate or mitigate environmental damage.
(5) Exceptions. The approval body may authorize exceptions to any of the requirements and regulations set forth in this chapter. Application for any exception shall be made by stating fully the grounds of the application and the facts relied upon. Such application shall be filed with the site development planning application. In order for the land referred to in the application to come within the provisions of this Section, it is necessary that the approval body make all of the following findings:
(A) The land is of such shape or size, or is affected by such physical conditions, or is subject to such title limitations of record that it is impossible or impractical for applicant to comply with all of the regulations of this chapter.
(B) The exception is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(C) The granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity of the subject property.
(i) Planning Application Expiration. Every site development planning application shall expire as provided in San Mateo Municipal Code Section 27.08.060—Approval Expiration (Zoning Code).
(b) Phase II—Site Development Permit. Subsequent to approval of a site development planning application but prior to site development, the applicant shall obtain a site development permit for grading from the Public Works Department and a site development permit for tree removal from Community Development Department. Application for a site development permit shall be made by the owner of record or his or her authorized agent, and shall be accompanied by the required fees, deposits, and project submittals specified in any conditions of approval for the planning application or required by this chapter.
(1) Permit Issuance. Following approval of a site development planning application, a site development permit may be issued if:
(A) The planning application has not expired and all conditions of approval of the planning application have been met; and
(B) Such permit is accompanied by, or combined with, a valid building permit issued by the City; or
(C) The proposed grading is coordinated with any overall grading plans previously approved by the City, under the subdivision regulations or other Sections of This Code, for the area in which the site is situated.
(2) Approved Plans. The approved site development permit, including plans for grading work, as well as, the location of trees (existing on-site trees, Protected Trees and Street Trees), trees proposed to be removed, trees proposed to be protected, and tree protection measures shall be maintained at the site during the progress of the grading, excavation, building demolition, construction and/or other site work. In order to obtain the inspections required by this Chapter in accordance with the following schedule, the permittee shall notify the Director of Public Works, Director of Parks and Recreation, and Director of Community Development Department (or their designees) at least two full working days before said inspection is to be made.
(3) Inspections. The Director of Public Works, and where applicable, the Director of Parks and Recreation or the Building Official (or their designees), shall make the following required inspections, as applicable, and shall either approve that portion of the work completed or shall notify the permittee, as provided in (4), below, wherein the same fails to comply with this chapter or the terms of the permit granted. Where it is found by inspection that conditions are not substantially as stated or shown in the application for a site development permit, the Director of Public Works may stop further work until approval is obtained for a revised site development permit, conforming to the existing conditions.
(A) Initial Inspection. Before commencement of grading operations, and after required construction stakes have been set;
(B) Erosion Control. When all interim erosion control devices have been installed and planting requirements have been completed;
(C) Rough Grading. When all rough grading has been completed;
(D) Final Inspection. When all work, including, but not limited to, final grading, installation of all drainage devices, and final erosion control measures, has been completed;
(4) Inspector. All inspections performed under site development permits specified in this chapter shall be performed by a representative of the issuing department, and all orders issued to the permittee shall be issued through said representative.
(5) Inspection by Building Official. Structures requiring building permits shall be inspected by the Building Official, or their designee, in accordance with procedures established by this Code, provided, however, no building permit for such structures shall be issued until a site development permit for the building site has been issued or it has been determined that a site development permit is not required by this chapter.
(6) Site Development Permit Sign-Off. If, upon final inspection, it is found that the work authorized by the site development permit has been completed in accordance with the requirements of the permit and this chapter, the Director of Public Works shall indicate that such work, has to the best of his or her knowledge, been satisfactorily performed.
(7) Permit Revocation.
(A) Violations. No person shall construct, enlarge, alter, repair or maintain any grading, or cause the same to be done, contrary to or in violation of any provisions of this chapter. The Director of Public Works, Planning Manager, Building Official, and/or the Director of Parks and Recreation are empowered to investigate and make reports to the Planning Commission on any violations of this chapter. The Planning Commission, if it determines from the evidence presented that a violation exists, may recommend to the City Council that action be taken to seek compliance with this chapter.
(B) Authority. In the event any person holding a site development permit pursuant to this chapter violates the terms of the permit, or conducts, carries on or permits to be conducted or carried on said site development in such a manner as materially or adversely to affect the health, welfare, or safety of persons residing or working in the neighborhood of the property of the permittee, or conducts or carries on or permits to be conducted or carried on said site development so that it is materially detrimental to the public welfare, or injurious to property, or improvements in the neighborhood, the Director of Public Works may order a temporary suspension, effective immediately upon notification, and the permittee shall show cause before the Planning Commission that the permit should not be permanently revoked.
(C) Procedure for Revoking Site Development Permit. No site development permit shall be permanently revoked or suspended until a hearing is held by the Planning Commission. Written notice of such hearing shall be served upon the permittee, either personally or by certified mail. Such notice shall be given the permittee at least five days prior to the date set for the hearing and shall state:
(i) The grounds for complain or reasons for the revocation or suspension, in clear and concise language;
(ii) The time when, and the place where, such hearing is to be held.
(D) Hearing. The Planning Commission shall hold such hearing at the next regularly scheduled meeting at which all conditions of this Subsection can be met. At any such hearing, the permittee shall be given an opportunity to be heard, and he or she may call witnesses and present evidence on his or her behalf. Upon conclusion of such hearing the Planning Commission shall determine whether or not the permit shall be suspended, revoked or modified.
(8) Fees.
(A) Filing Fees. Filing fees and deposits for services shall be as set forth in fee schedules to be adopted from time to time by the City Council.
(B) Consultant Fees. City officers administering this chapter may engage consulting professional services to advise in the review of site development permit applications and may charge not to exceed 100 percent (100%) of the cost of such services to the applicant.
(C) Applicable fees for Landscape Unit (LU) value are subject to the Comprehensive Fee Schedule in effect at the time of issuance of the Site Development Permit for tree removal.
(9) Permit Expiration. Every site development permit shall expire by limitation and become null and void if the work authorized by such permit has not been commenced within one hundred eighty days, or is not completed within one year from date of issue unless the time is specified on the permit or as provided in Section 23.40.050(k)(2), except that the Director of Public Works may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit.
(10) Prohibited Activities. The provisions of this chapter shall not be construed as permitting the removal of topsoil solely for resale, or of permitting quarrying of any nature within the limits of the City. This chapter shall also not be construed as authorizing any persons to maintain a private or public nuisance upon their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance.
23.40.050 —PERFORMANCE STANDARDS
(a) Standards Generally. All grading and grading operations shall comply with the requirements set forth in this Section in addition to other requirements of this Code.
(b) Hours of Operation. All grading operations shall be restricted to weekdays between the hours of seven a.m. and seven p.m., unless the Director of Public Works finds evidence that an emergency exists which would imperil or inconvenience the public, in which case he or she may permit the work to proceed during such other hours as may be necessary.
(c) Slopes.
(1) Vacant Parcels. In evaluating the reasonableness of construction, the reviewing authority may consider, in addition to other factors set forth in this chapter, the amount of cut and fill, steepness of driveway, removal of major vegetation, height, bulk and visibility of proposed structures, preservation of natural topographic landforms, and compatibility with the pattern and scale of development within the surrounding neighborhood.
(2) Subdivisions. Subdivisions of sloped properties are limited by San Mateo Municipal Code Chapter 26.20—Lots (Subdivision Code).
(3) Limits of Hillside Grading. In R1 and R2 zones, grading on slopes of 25 percent or more shall be limited to site access (driveway) and to building foundations. In all other zoning districts, grading on slopes of 25 percent or more shall be limited to site access only. In all cases, grading shall be designed to limit alteration of the visual character and topography of the hillside while permitting creation of a reasonable building site.
(4) Finished Cuts of Slopes. The exposed or finished cuts or slopes of any fill or excavation shall be smoothly graded and blended with existing contours by rounding off cut or fill edges and shall be screened with vegetation, and no such fill, slope, cut or inclined graded surface shall exceed a vertical height of thirty feet unless intercepting drains or terraces are provided. Such drains or terraces shall be permanently lined or protected with materials approved by the Director of Public Works and accumulating surface waters shall be conducted to an approved point of discharge. Any such terrace or intercepting drain shall be designed to prevent overflow which may cause erosion. All exposed slopes of any cut or fill subject to erosion shall be protected by approved planting, crib walls, walls and planting, terracing, or a combination thereof. The use of visible retaining walls shall be minimized, and where visible, shall be screened with vegetation. Graded surfaces exceeding an area of five thousand square feet shall be treated as provided in Section 23.40.050(j). The Director of Public Works may require that corrective measures be taken if he or she finds the material being cut or used for fill is unusually subject to erosion, or if other conditions affect the stability of the slopes.
(5) Seasonal Grading. All grading shall be limited to the dry season (April 15 through October 15) unless the Director of Public Works determines adequate erosion control is provided. For commencement of grading during the wet season, the permittee shall demonstrate that grading is relatively minor and that erosion and sedimentation can be controlled. The Director of Public Works shall have the ability to grant or deny permission under this Section on the basis of weather forecasts, experience, and other pertinent factors.
(d) Dust and Dirt. All graded surfaces of any nature shall be wetted, or otherwise suitably contained to prevent nuisance from dust or spillage on city streets or adjacent properties. Equipment, materials and roadways on the site shall be used in a manner or treated as to prevent excessive dust conditions. Dust and dirt control activities shall not result in any material entering the storm drain system.
(e) Fill Material. All fill shall be earth, rock or other inert mineral materials free from organic material and free from metal, except that topsoil spread on cut and fill surfaces may incorporate humus for desirable moisture retention properties.
(f) Drainage. Adequate provision shall be made to prevent any surface waters from damaging the cut face of an excavation or any portion of a fill. All drainage ways and structures shall carry surface waters to the nearest street, storm drain or natural watercourse capable of receiving them without producing erosion as approved by the Director of Public Works as a safe place to deposit and receive such waters. Parcels shall not be graded so as to direct additional water, or to alter the existing pattern of drainage, onto adjacent properties. The Director of Public Works may require such drainage structures to be constructed, or installed, as are necessary to prevent erosion damage, or to prevent saturation of the fill or material behind cut slopes.
(g) Street and Driveway Grades.
(1) Maximum Grades. Maximum grades for new streets and driveways shall be as follows:
(A) Collector and Local Streets: 15%
(B) Intersections: 8%
(C) Private Roads, Driveways and Ramps that have no pedestrian access and are not emergency vehicle access easements: 18%
(2) Design. Streets and driveways shall be designed in accordance with standard engineering practices by a registered civil engineer. Design of any street or driveway shall demonstrate consideration of such factors as surrounding topography, drainage, pedestrian access, the presence of intersections, driveways, and/or bicycle lanes, vehicular volume and type, and vehicular operation. The flattest grade that reasonably fits the topography should be used and appropriate transitions (vertical curves) between changes in grade are required.
(h) Backfilling. Any pipe trench or other trenching or excavation made in any slope of an excavated or filled site shall be backfilled to the level of the surrounding grade. Such backfill shall be compacted to the original density of the excavated materials, but in no case less than ninety (90%) percent of the maximum density achieved by an AASHO soil compaction test method, selected by the Director of Public Works. Suitable check drains to control erosion shall be installed as directed by the Director of Public Works.
(i) Compaction of Fill. all fills intended to support buildings, structures, or where otherwise required to be compacted for stability of material, shall be compacted, inspected and tested in accordance with adopted specifications on file in the office of the Director of Public Works.
(j) Erosion Control—Landscaping. All cut and fill surfaces created by a grading process, agricultural processes excepted, shall be planted with a ground cover that is acceptable to a soils engineer and compatible with ground covers in general use in the area, and is one that will thrive with little or no maintenance once established. Topsoils are to be stockpiled during rough grading and used on cut and fill slopes to a depth sufficient to support the proposed plant materials in a manner acceptable to a soils engineer. On slopes likely to be extensively disturbed by later construction, an interim ground cover may be planted or emplaced to be supplemented by the permanent ground cover and/or shrubs and trees when the site is finally developed and landscaped. When slopes have been permitted too steep to support continuous ground cover, and in lieu thereof niches and ledges have been provided for planting, such slopes need not be planted with a continuous ground cover, but may instead be screened with vines and plantings. Cuts and fills along public roads may be required to be landscaped and graded so as to blend into the natural surroundings. All plant materials shall be satisfactory to the superintendent of parks and/or Director of Public Works.
(k) Special Precautions.
(1) If, at any stage of the grading, the Director of Public Works determines by inspection that the nature of the earth formation is such that further work as authorized by an existing permit is likely to imperil any property, public way, watercourse or drainage structure, he or she may require, as a condition to allowing the work to proceed, that such reasonable safety precautions be taken as he or she considers advisable to avoid likelihood of such peril. "Special precautions" may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, or implementation of other relevant BMPs: and reports of a registered soils engineer and/or of a registered engineering geologist whose recommendations may be made requirements for further work.
(2) Where it appears that storm damage may result because the grading is not complete, work may be stopped and the permittee required to install temporary planting or otherwise to control erosion, install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large operations or where unusual site conditions prevail, the Director of Public Works may specify the time of starting grading and time of completion, or may require that the operation be conducted in specific stages so as to insure completion of protective measures or devices prior to the advent of seasonal rains.
Chapter 23.44 ELECTRIC VEHICLE CHARGING STATIONS
23.44.020 DEFINITIONS.
(a) "Electric vehicle charging station(s)" or "charging station(s)" means any level of electric vehicle supply equipment station that is designed and built in compliance with California Code of Regulations, Title 24 Part 3 California Electrical Code Article 625, as it reads on the effective date of the ordinance codified in this chapter or as it may be amended, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
(b) "Electronic submittal" means the use email, the internet, or facsimile to submit a permit application required by this chapter.
(c) "Feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.
(d) "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
23.44.030 APPLICABILITY.
This chapter applies to the permitting of all electric vehicle charging stations in the City of San Mateo. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.
23.44.040 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS.
All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the State and the City.
Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and where applicable, rules of the Public Utilities Commission regarding safety and reliability.
23.44.050 SUBMITTAL PROCESS.
(a) All documents required for the submission of an electric vehicle charging station permit application shall be made available on the City's website.
(b) Electronic submittal of the required permit application and documents shall be made available to all electric vehicle charging station permit applicants. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.
(c) The City's building division shall adopt a checklist of all requirements with which the electric vehicle charging stations shall comply to be eligible for expedited review. The electric vehicle permit process, standard(s) and checklist(s) may substantially conform to recommendations for permitting, including the checklist and standards contained in the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Office of Planning and Research.
23.44.060 Submittal Review, Permit, And Inspection
(a) The building official shall implement an administrative review process to expedite review of electric vehicle charging station permit applications, plans, and related documents. No permit or approval shall be issued which does not conform to all applicable provisions of Title 23, Buildings and Construction, and Title 27, Zoning Code. The determination of conformance shall be made by the Community Development Director or designated staff members of the Community Development Department.
Where the application meets the requirements of the approved checklist and standards and there are no specific, adverse impacts upon public health or safety, the building division shall complete the building permit approval process, which is nondiscretionary. Review of the application for electric vehicle charging stations shall be limited to the building official's review of whether the application meets local, state, and federal health and safety requirements. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
(b) The building official may only deny an application for the electric vehicle charging station permit if the official makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
(c) The building official may require an applicant to apply for an "electric vehicle charging station use permit" if the building official finds, based on the initial application submittal, that the electric vehicle charging stations could have a specific, adverse impact upon the public health and safety.
(d) Notwithstanding the appeal provisions contained in Chapter 23.06, the building official's determinations under this section may be appealed to the Planning Commission.
(e) A separate fire inspection may be performed by the City of San Mateo Fire Department, if required.
Chapter 23.46 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
23.46.010 PURPOSE AND INTENT.
The purpose of this chapter is to provide an expedited, streamlined solar energy system permitting process that complies with the Solar Rights Act and AB 2188, as codified in Section 65850.5 of the Government Code, in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter encourages the use of solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems while protecting the public health and safety.
23.46.020 DEFINITIONS.
(a) "Association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
(b) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(c) "Electronic submittal" means the utilization of one or more of the following:
(1) Email;
(2) The Internet;
(3) Facsimile.
(d) "Feasible method to satisfactorily mitigate or avoid a specific, adverse impact" includes, but is not limited to, any cost-effective method, condition or mitigation imposed by a city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(e) "Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits. For the purposes of this subsection, "significantly" means:
(1) For water heater systems or solar swimming pool heating systems, an amount exceeding 10 percent of the cost of the system, but in no case more than $1,000.00, or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.
(2) For photovoltaic systems, an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent, as originally specified and proposed.
(f) "Small residential rooftop solar energy system" means all of the following:
(1) A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating of 30 kilowatts thermal.
(2) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards.
(3) A solar energy system that is installed on a single or duplex family dwelling.
(4) A solar panel or module array that does not exceed the maximum legal building height as defined by the City.
(g) "Solar energy system" means either of the following:
(1) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
(2) Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
(h) "Specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
23.46.030 APPLICABILITY.
(a) This chapter applies to the permitting of small residential rooftop solar energy systems in the City.
(b) Existing small residential rooftop solar energy systems legally established or permitted prior to September 16, 2015, are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.
23.46.040 DUTIES OF BUILDING DEPARTMENT.
(a) All documents required for the submission of a small residential rooftop solar energy system application shall be available on the City's website.
(b) Electronic submittal of the required permit application and documents by email or facsimile shall be available to all small residential rooftop solar energy system permit applicants.
(c) The City's Building Division shall adopt, and post on the City's website, a (1) standard electrical plan; and (2) standard checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.
23.46.050 SUBMITTAL REQUIREMENTS.
The following are required in order to submit a complete application for a solar energy system:
(a) Completed permit application form;
(b) Completed eligibility checklist for expedited review;
(c) A completed standard electrical plan, which will be available on the City's website;
(d) A roof plan showing roof layout, PV panels, and the following fire safety items:
(1) Approximate location of roof access point,
(2) Location of code-compliant access pathways,
(3) PV system fire classifications, and
(4) Locations of all required labels and markings;
(e) Completed structural criteria checklist; and
(f) Payment of City's processing fee in the amount established by resolution of the City Council.
23.46.060 REQUIREMENTS FOR APPROVAL.
(a) All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the State and the City's Fire Department.
(b) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
(c) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
23.46.070 PERMIT REVIEW AND INSPECTION REQUIREMENTS.
(a) Review of the application shall be limited to the building official's review of whether the application is complete and meets local, state, and federal health and safety requirements.
(b) If an application is deemed incomplete or fails to meet local, state, and federal health and safety requirements, the Building Official will issue a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance.
(c) If an application is complete and meets local, state, and federal health and safety requirements, only one inspection shall be required and performed by the Building Division. An inspection will be scheduled within two business days of a request and provide a two-hour inspection window. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subsection.
(d) A City shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.
(e) Approval or denial of an application for a small residential rooftop solar energy system may be appealed by any interested party to the City's Community Relations Commission in accordance within 10 days of the mailing date of the Building Official's written correction notice.
Chapter 23.48 SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
23.48.010 ADOPTION.
The rules, regulations and standards printed in one volume and prepared and promulgated by the Southern California Chapter, American Public Works Association, and the Southern California District. Associated General Contractors of California Joint Cooperative Committee (APWA-AGC), under the title of "Standard Specifications for Public Works Construction, 1979 Edition," are adopted as and for the rules, regulations and standards to be applied to public works construction within this city as to all matters therein contained, except as otherwise provided in this chapter, by addition of special provisions or as modified by council resolution adopted pursuant to this chapter. A copy of said standard specifications shall be kept on file in the office of the City Clerk at all times hereafter.
23.48.020 SECTION 307 DELETED—SECTION 86, CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS ADDED.
Section 307 of said standard specifications, entitled, "Street Lighting and Traffic Signals," shall not be a part of this code. In lieu of section 307, section 86 of the state of California Business and Transportation Agency, Department of Transportation Standard Specifications, January 1978 Edition, is added as a part of this code.
23.48.030 SPECIAL PROVISIONS—DEFINED—AUTHORIZED.
"Special provisions" means any provisions which supplement or modify the standard specifications set forth in the publications referred to in this chapter. When included in specifications for a public works construction project, such provisions shall have precedence over standard specifications. The public works director shall make and include special provisions in any public works construction project when circumstances and conditions warrant.
23.48.040 ADOPTION AND AMENDMENTS BY RESOLUTION—AUTHORIZED.
All future enactments, amendments, modifications or revisions of the standard specifications for public works construction may be made by resolution of the Council.
Chapter 23.50 ACCESS COMPLIANCE
23.50.010 ACCESS COMPLIANCE.
The Access Compliance Reference Materials of the state as prepared by the Division of State Architect shall be followed wherever they are applicable.
Chapter 23.54 BUILDING SECURITY CODE
23.54.005 PURPOSE AND INTENT.
The purpose and intent of the Standards contained herein are as follows:
(a) To safeguard property and to promote public welfare and safety by providing security standards to be used in the design, construction, and maintenance of buildings and vehicles and the quality of materials used therein.
(b) To apply crime prevention through environmental design and safety technologies.
(c) To provide a safe secure environment for all development in the City, and to provide properties that tend to police themselves, requiring fewer police calls for service, or the need for other city services or problem resolution assistance.
(d) To provide a safe, secure environment for all users of the property, while reducing potential negative impacts on the community, and to reduce their litigation potential for premises liability issues.
23.54.010 DEFINITIONS.
For the purpose of this chapter, the following terms, words, phrases, and their derivations shall have the meaning given in this section:
(a) "Approved" means certified as meeting the requirements of this chapter by the enforcing authority or its authorized agents, or by other officials designated by law to give approval on a particular matter dealt with by the provisions of this chapter with regard to a given material, mode of construction, piece of equipment or device.
(b) "Auxiliary locking device" means a secondary locking system added to the primary locking system to provide additional security.
(c) "Bolt projection" or "bolt throw" means the distance from the edge of the door, at the bolt centerline, to the farthest point on the bolt in the projected position.
(d) "Burglary-resistant glazing" means 5/16" security laminate, 1/4" polycarbonate, or some other security film treatment applied to existing glazing approved by the Police Department.
(e) "City" means the City of San Mateo.
(f) "Class C" or "Class TL-15 safe" means burglary classification TL-15, signifying a combination-locked steel chest or money safe designed to offer a limited degree of protection against expert burglary by common hand tools.
(1) Safes shall weigh at least seven hundred fifty pounds, or shall be equipped with suitable anchors and instructions for anchoring in larger safes, in concrete blocks or to the premises in which located.
(2) All safes of this class shall be equipped with a relocking device. They shall be constructed of open hearth steel, either cast or welded plate, combined with special materials to resist carbide drills.
(g) "Commercial building" means a building, or portion thereof, used for a purpose other than a dwelling.
(h) "Component" as distinguished for a part, means a subassembly which combines with other components to make up a total door or window assembly. For example, the primary components of a door assembly include: door, lock, hinges, jamb/wall, jamb/strike and wall.
(i) "Cylinder Guard" is a hardened ring surrounding the exposed portion of a lock cylinder which is so fashioned as to protect the lock cylinder from wrenching, prying, cutting or pulling by mechanical devices.
(j) "Deadbolt" means a lock bolt which does not have a spring action as opposed to a latch bolt which does. The bolt must be actuated by a key or a key and a knob or thumbturn and when projected becomes locked against return by end pressure.
(k) "Deadlatch" or "deadlocking latch bolt" means a spring actuated latch bolt having a beveled end and incorporating a plunger which, when depressed, automatically locks the projected latch bolt against return by end pressure.
(l) "Double cylinder deadbolt" means a deadbolt lock which can be activated only by a key on both the interior and exterior.
(m) "Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single family and multiple family dwellings.
(n) "Enforcing authority" means the building official of the City with the assistance of the authorized representative of the Chief of Police.
(o) "Insert" is a hardened steel roller inside unhardened lock bolts to prevent cutting or sawing of the locked bolt.
(p) "Person" means any person, firm partnership, association, corporation, company or organization of any kind.
(q) The word "shall" is mandatory, and the word "may" is permissive and the word "should" is suggestive.
(r) "Single cylinder deadbolt" means a deadbolt lock which is activated from the outside by a key and from the inside by a knob, thumb-turn, lever, or similar mechanism, or has no turnpiece on the inside.
(s) "Single-family dwelling" means a building designed exclusively for residential occupancy by one family.
23.54.015 APPLICATION TO NEW AND EXISTING DEVELOPMENT.
(a) The requirements imposed by this chapter shall apply to all new construction, and shall apply to existing construction as provided in this section. For the purposes of this section, "existing" shall include (1) buildings and grounds lawfully in existence at the time an ordinance imposing a new requirement becomes effective, and (2) construction and site development for which a building permit has been issued and is still valid whether or not construction has begun.
(b) No alterations, additions, or repairs to existing single family dwelling units shall trigger the need for compliance with the provisions of chapter.
(c) Existing multi-family and commercial buildings and the grounds serving those buildings shall be required to comply with the provisions of this chapter, as follows:
(1) All portions of an existing building that is altered, added, or repaired shall comply with the requirements imposed by this chapter; and
(2) the requirements of 23.54.060 concerning exterior lighting shall apply if based upon documented crime statistics and/or calls for police service to the building there is a demonstrated need for improved crime prevention measures, unless the cost of complying with those requirements exceed 10% of the cost of the proposed building alteration, addition, or repair. If the cost of complying with the exterior lighting requirements exceeds 10% of the cost of the proposed building alteration, addition, or repair, the applicant shall spend at least 10% of that cost exterior lighting requirements imposed by Section 23.54.060.
23.54.020 CITY COMMUNICATION SYSTEMS – HIGH RISE BUILDINGS.
All new buildings with a top plate height of 55 feet or more shall provide a location on the building for installation of City radio communications equipment, including antennas and their supporting equipment. An electrical supply source shall be provided by the permittee at the antenna/equipment location, and reasonable access shall be provided by the permittee and/or building owner to City staff and/or City contractors for installation of necessary telephone lines and for purposes of installation, maintenance, adjustment and repair of the antenna/equipment. This access and location agreement shall be recorded in terms that convey the intent and meaning of this condition in the form approved by the City Attorney.
23.54.025 Secured Building Access for Emergency Personnel
Where access to commercial or multi-tenant buildings is restricted because of secured entry points, the Police Chief or their designee is authorized to specify and require the installation and maintenance of an emergency access system, for when immediate police access is necessary for life-saving or emergency purposes. A police emergency access system installed and maintained under this section is in addition to the requirements of other adopted codes, including the California Fire Code.
23.54.030 PARKING GARAGE SECURITY
Multi-family residential uses with five or more units providing a common parking garage, whether solely for dwelling uses or in combination with other uses, shall provide the following minimum security measures: securing against unauthorized vehicle and pedestrian access; allowing for emergency access for first responders and secure tenant-only access during specified hours; installing and maintaining a surveillance video system and interior security lighting. Additional security measures may be required based on project-specific determinations by the Chief of Police or their designee. All required security measures shall be approved by the Chief of Police or their designee.
23.54.035 Video Surveillance Systems
Commercial and multi-tenant buildings shall have installed and maintain a recording video surveillance system with cameras placed to view publicly accessible exterior grounds contiguous to that property. Additional cameras and camera technologies may be installed by a property owner, and additional cameras and camera technologies may be required based on project-specific conditions including, but not limited to, project size, and location as determined by the Chief of Police or their designee. A video surveillance system installed under this section shall be approved by the Chief of Police or their designee.
23.54.040 SAFES.
Notwithstanding the provisions of section 23.54.015 and whether or not the building housing a business is existing, those businesses subject to a high risk of robbery shall limit the available cash on hand through use of a time-delay drop type money safe. For the purposes of this section a business shall be deemed to be subject to high risk of robbery if either the business has been robbed on two occasions within a 12-month period, or the business has been robbed on three occasions while under the same ownership. Safes installed shall be rated "Class C" or Class TL-15 minimum.
23.54.050 FINANCIAL INSTITUTIONS AND ATMS.
(a) The provisions of this section shall apply to banks, savings and loans, and other institutions providing banking services.
(b) Security cameras shall be provided and shall be placed so as to provide full coverage of any lobby area.
(c) Exit doors accessible to the public shall be provided with clearly marked height markers on the door frames. The markers shall, at a minimum, be placed at five (5) and six (6) feet above the floor.
(d) Counter tops at all teller stations shall be constructed of a smooth, non-porous material.
(e) Exterior automatic teller machines shall be positioned so as to be clearly visible from the adjacent street, shall be illuminated during hours of darkness, and shall be equipped with security cameras.
(f) Notwithstanding the provisions of subsection (a), any location at which an automatic teller machine is operated shall comply with the following requirements:
(1) Exterior automatic teller machines shall be located so as to be clearly visible from the adjacent street, shall be illuminated during the hours of darkness, and shall be equipped with security cameras.
(2) Interior automatic teller machines shall be equipped with security cameras.
23.54.060 EXTERIOR SECURITY LIGHTING.
(a) Parking lots, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to all commercial and multifamily residential buildings shall be provided with lighting sufficient to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on site. Such lighting shall be equipped with vandal-resistant covers.
(1) All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building.
(2) Business premises, while closed after dark, must be sufficiently lighted by use of interior night lights equipped with motion detectors to make clearly visible the presence of any person within the premises.
(3) Exterior door, perimeter, parking area and canopy lights shall be controlled by photocell or timer and shall be left on during hours of darkness or diminished lighting.
(b) The lighting required in subsection (a) of this section shall be installed according to project specific illumination levels prescribed and a lighting plan reviewed and approved by the Police Department and the Building Official. Review and approval shall be based upon criteria including but not limited to:
(1) The nature and use of the area within the development;
(2) The type of area in which the development is located;
(3) The hours of use of the area to be lighted;
(4) The frequency of use of the area to be lighted;
(5) Existing lighting in the area;
(6) Past Criminal or crime related incidents in the area;
(7) Physical characteristics of the structure and/or development under proposed construction.
(c) Lighting levels shall comply with current Energy Code requirements.
(d) The lighting system shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site.
23.54.070 MINIMUM SECURITY STANDARDS FOR MULTIPLE-FAMILY DWELLINGS.
(a) Exterior doors shall comply with the following:
(1) Exterior doors (excluding individual unit-entry doors) and doors leading from garage areas into multiple dwelling buildings, and doors leading into stairwells below the sixth floor level, shall have self-locking (deadlatch) devices, allowing egress from the building or into the garage area, or stairwell, but requiring a key to be used to gain access to the interior of the building from the outside or garage area or into the hallways from the stairwell.
(2) Exterior doors (excluding individual unit-entry doors) and doors leading from the garage areas into multiple dwelling buildings, and doors leading into stairwells, shall be equipped with self-closing devices, if not already required by other regulations, ordinances, or codes.
(b) Hinged entrance doors to individual motel, hotel, and multiple-family dwelling units shall comply with the following:
(1) All doors shall be of solid core with a minimum thickness of one and three-eights (1-3/8) inches.
(2) Hinged entrance doors to individual units shall have deadbolts with one-inch minimum throw and hardened steel inserts in addition to door deadlatches with one-half inch minimum throw. The locks shall be so constructed that both deadbolt and deadlatch can be retracted by a single action of the inside doorknob. Alternate devices to equally resist illegal entry may be substituted subject to prior approval of the Building Official. Strike plates shall be secured to jambs with at least two and one-half (2-1/2) inch screws.
(3) An interviewer or peephole shall be provided in each individual unit entrance door and shall allow for 180 degree vision. Vision panels may be provided; however, vision panels located within reach of the inside activating device must be of burglary resistant glazing or equivalent protection as approved by the Police Department.
(4) Doors swinging out shall have non-removable hinge pins or hinge studs to prevent removal of the door.
(5) Door closers may be provided on each individual unit entrance door, and are encouraged in hotel and motel projects.
(6) In-swinging exterior doors shall have rabbited jambs.
(7) Jambs for all entry doors shall be constructed or protected to prevent violation of the function of the strike and shall meet the framing requirements of Section 23.54.080 (a)(1)
(c) Sliding patio-type doors opening onto patios or balconies which are accessible from the outside shall comply with the following (this includes accessibility from adjacent balconies):
(1) The movable section of a single sliding patio door(s) shall be adjusted in such a manner that the vertical play is taken up to prevent lifting with a pry tool to defeat the locking mechanism.
(2) Deadlocks shall be provided on all sliding patio doors. Mounting screws for lock case shall be inaccessible from the outside. Lock or hook bolts shall be of hardened material or have hardened steel inserts. The lock or hook bolts shall engage the strike sufficiently to prevent its being disengaged by any movement of the door within the space or clearances provided for installation and operation. The strike area shall be reinforced to maintain effectiveness of bolt strength.
(3) In addition to the primary locking device, auxiliary or secondary locking devices shall be provided on all accessible sliding glass doors.
(4) Double sliding patio doors shall be locked at the meeting rail and meet the locking requirements of subdivision (c)(2) of this section.
(d) Windows.
(1) A window, skylight, or other natural light source forming a part of the enclosure of a dwelling unit shall be constructed, installed, and secured as set forth in subsection (d)(2) of this section, when such window, skylight or light source is not more than twelve feet above the ground of a street, roadway, yard, court, passageway, corridor, balcony, patio, breezeway, portion of the building which is available for use by the public or other tenants, or similar area. A window enclosing a private garage with an interior opening leading directly to a dwelling unit shall also comply with subsection (d)(2) of this section.
(2) Window Protection.
(A) Windows shall be so constructed that when a window is locked it cannot be lifted from the frame and the sliding portion of a window shall be on the inside track. The vertical play shall be taken up to prevent lifting of the movable section to defeat the locking mechanism.
(B) Window locking devices shall be capable of withstanding a force of two-hundred pounds applied in any direction.
(C) Louvered windows shall not be used.
(D) Accessible windows that open shall be equipped with secondary locking devices.
(e) Garages. Those multiple-family dwelling complexes providing individual enclosed garage spaces shall meet the same requirements for garages as single-family dwellings as required by section 23.54.080 (b) Floor to ceiling demising walls shall separate individual garage areas having their own entrance.
(f) If community laundry rooms are provided, laundry room doors shall be equipped with a window to allow visibility into the interior to the room. The laundry room shall be kept locked and the lock shall be keyed so that unit keys can open the lock.
(g) Keying Requirements. Upon occupancy by the owner or proprietor, each single unit in a tract or commercial development, constructed under the same land use approval plan, shall have locks using combinations which are interchange free from locks used in all other separate dwellings, proprietorships or similar distinct occupancies.
(h) Numbering of Buildings and Units. There shall be positioned at each entrance of a multiple family dwelling complex an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations within the complex. The illuminated diagrammatic representation shall be protected by the use of vandal-resistant covers.
23.54.080 MINIMUM SECURITY STANDARDS FOR SINGLE FAMILY DWELLINGS.
(a) Doors.
(1) Exterior doors.
(A) Exterior doors and doors leading from garage areas into single family dwellings shall be of solid core with a minimum thickness of one and three-eighths (1-3/8) inches.
(B) Exterior doors for single family dwellings and garages shall have deadbolt locks with a one (1) inch minimum throw in addition to deadlatches. The locks shall be so constructed that both deadbolt and deadlatch can be retracted by a single action of the inside doorknob. Alternate devices equally resistant to illegal entry may be substituted subject to prior approval of the Building Official. Strike plates shall be secured to wooden jambs with at least two and one-half (2-1/2) inch wood screws.
(C) Doors leading from enclosed garage areas into single-family dwellings shall have deadbolts in addition to deadlatches.
(D) Vision panels in exterior doors or within reach of the inside activating device must be of burglary resistant glazing or equivalent as approved by the Police Department.
(E) Openings for delivery of mail shall be no larger than twenty-four (24) square inches. Openings located within three (3) feet of any locking device shall be constructed to prohibit access to the interior doorknob.
(F) Exterior doors swinging out shall have non-removable hinge pins or hinges with studs.
(G) Exterior doors swinging in shall have rabbited jambs.
(H) Door frames shall be installed or protected to prevent violation of the function of the strike.
(I) Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a vertical distance of six (6) inches each side of the strike.
In wood framing, horizontal blocking shall be placed between studs at door lock height for three stud spaces each side of the door openings. Trimmers shall be full length from the header to the floor with solid backing against sole plates.
The strike plate for deadbolts on all wood-framed doors shall be constructed of minimum sixteen U.S. gauge steel, bronze, or brass and secured to the jamb by a minimum of two screws, which must penetrate at least two and one-half (2-1/2) inches into solid backing beyond the surface to which the strike is attached.
(J) On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in subsection (a)(1)(B) of this section. The inactive leaf shall be equipped with lever flush extension bolts or equivalent, protected by hardened material with a throw of three-fourths (3/4) inch at head and foot. Multiple point locks, cylinder-activated from the active leaf and satisfying the requirements above may be used in lieu of flushbolts.
An interviewer or peephole shall be provided in each main entry door and shall allow for 180 degree vision or more.
(2) Sliding patio type doors opening onto patios or balconies which are otherwise accessible from the outside (this includes accessibility from adjacent balconies) shall comply with the following:
(A) Single sliding patio doors shall be adjusted in such a manner that the vertical play is taken up to prevent lifting with a pry tool to defeat the locking mechanism.
(B) Deadlocks shall be provided on all single sliding patio doors. Mounting screws for the lock cases shall be inaccessible from the outside. Lock or hook bolts shall be hardened steel or have hardened steel inserts. The lock or hook bolt shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances necessary for installation and operation. The strike area shall be reinforced to maintain effectiveness of bolt strength.
(C) In addition to the primary locking device, auxiliary or secondary locking devices shall be provided on all accessible sliding-glass doors.
(D) Double sliding patio doors shall be locked at the meeting rail and meet the locking requirements of subdivision (a)(2)(B) of this section.
(b) Windows.
(1) A window, skylight, or other natural light source forming a part of the enclosure of a dwelling unit shall be constructed, installed, and secured as set forth in subdivision (b)(2) of this section when such window, skylight, or light source is not more than twelve feet above the ground of a street, roadway, yard, court, passageway, corridor, balcony, patio, breezeway or any portion of the building which is available for use by the public or otherwise tenants, or similar area. A window enclosing a private garage, with an interior opening leading directly to a dwelling unit, shall also comply with subdivision (b)(2) of this section.
(2) Window Protection.
(A) Windows shall be constructed so that when the window is locked it cannot be lifted from the frame, and the sliding portion of a window shall be on the inside track. The vertical play shall be taken up to prevent lifting of the movable section to defeat the locking mechanism.
(B) Louvered glass windows shall not be used.
(C) Accessible windows that open should be equipped with secondary locking devices.
(c) Garages. Overhead garage doors shall be provided with a locking device or automatic door opener and shall not have bottom vents except those doors having double louvered or shielded vents or approved alternate devices to protect the locking mechanism.
(d) Keying Requirements. Upon occupancy by the owner each single unit in a tract constructed under the same land use approval plan shall have locks using combinations which are interchange free from locks used in all other separate dwellings.
23.54.090 MINIMUM SECURITY STANDARDS FOR NON-RESIDENTIAL BUILDINGS.
(a) Doors. All exterior doors shall be secured as follows:
(1) A single metal-frame door shall be secured with either a double-cylinder deadbolt or a single-cylinder deadbolt without a turnpiece. A lock, hook, bar, or expanding bolt shall have a throw of three-fourths (3/4) inch to one (1) inch minimum.
(2) Single solid-core doors or hollow sheet-metal doors shall be a minimum of one and three-eights (1-3/8) inches thick and shall be secured with a deadbolt lock with a minimum throw of one inch, locking hardware shall be installed so that both deadbolt and deadlocking latch can be retracted by single action of the inside knob, lever, or thumbturn. When wooden jambs are used, strike plates shall be secured to wooden jambs with at lease two and one- half (2-1/2) inch wood screws. On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in subsection (a)(1) of this section. The inactive leaf shall be equipped with automatic flush extension bolts protected by hardened material with a minimum throw of three-fourths (3/4) inch at head and foot and shall have no door knob or surface mounted hardware. Multiple point locks, cylinder activated from the active leaf and satisfying the requirements, may be used in lieu of flushbolts.
(3) Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum of one throw bolt at both the top and bottom rails.
(4) Panic hardware, whenever required by the Building Code shall be installed in accordance with the manufacturer's recommendations and shall comply with the following:
(A) Doors shall have an astragal constructed of steel 0.125 inches thick which shall be attached with non-removable bolts to the outside of the door if the inside activating member is the type that can be tripped by a fish wire or similar device. The astragal shall extend a minimum of six inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1) inch beyond the edge of the door to which it is attached. No surface-mounted exterior hardware need be used.
(B) Double doors containing panic hardware shall have an astragal attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door.
(5) Exterior sliding commercial entrances shall be secured as in section 2.54.080(a)(2) and shall comply with fire and safety regulations.
(6) Exterior roll-up overhead doors, solid overhead swinging, sliding or accordion doors shall be secured with a cylinder lock and/or padlock on the inside, when not otherwise controlled or locked by electric power operation. Masonite panels in such doors shall not exceed eight (8) inches by twelve (12) inches and shall be located so that they are no closer than three (3) feet to any locking device.
(7) Metal accordion grate or grill-type doors shall be equipped with metal guide tracks at top and bottom, and a cylinder lock and/or padlock. The bottom track shall be so designed that the door cannot be lifted from the track when the door is in a locked position.
(8) Outside hinges on all exterior doors shall be provided with non-removable pins when using pin-type hinges or shall be provided with hinge studs.
(9) Doors with glass panels and doors that have glass panels adjacent to the door frame shall be secured as follows:
(A) Rated burglary-resistant glass or glass-like material; or
(B) the glass shall be covered with iron bars of at least one-half (1/2) inch round or on by one-fourth (1/4) inch flat steel material, spaced not more than five inches apart, secured on the inside of the glazing; or
(C) Iron or steel grills of at least one-eighth (1/8) inch material of two (2) inch mesh secured on the inside of the glazing.
(10) Wood doors swinging in shall have rabbited jambs.
(11) Jambs for all doors shall be constructed or protected to prevent violation of the function of the strike.
(12) A double cylinder deadbolt lock or a single cylinder deadbolt lock without a turnpiece may be used in "Group B" occupancies as defined by the California Building Code. When used, there must be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one (1) inch high on a contrasting background. The locking device must be of type that will be readily distinguishable as locked, and its used may be revoked by the Building Official for due cause.
(b) Windows.
(1) Accessible rear and side windows not viewable from the street shall consist of rated burglary-resistant glazing or its equivalent.
(2) All accessible windows, capable of being opened, shall be secured on the inside with a locking device.
(3) Louvered windows shall not be used.
(4) Outside hinges on all accessible side and rear glass windows shall be provided with non-removable pins. If the hinge screws are accessible, the screws shall be of the non-removable type.
(5) Accessible windows that open should be equipped with secondary locking devices.
(c) Transoms and Awning Windows. All exterior transoms and awning windows exceeding sixty (60) square inches on the front, side or rear of any building shall be protected by fully tempered glass or rated burglary-resistant glass or glass-like material.
(d) Roof Openings.
(1) All glass or glass-like skylights on the roof of any building shall be provided with:
(A) Rated burglary-resistant glass or glass-like acrylic material; or
(B) Iron bars of at least one-half (1-1/2) inch round or one (1) by one-fourth (1/4) inch flat steel material spaced no more than five (5) inches apart under the skylight and securely fastened; or
(C) A steel grill of at least one-eighth (1/8) inch thick material of two (2) inch mesh under the skylight and securely fastened.
(2) All hatchway openings on the roof of any building shall be secured as follows:
(A) If the hatchway is of wooden material, it shall be covered on the outside with at least sixteen (16) gauge sheet steel or its equivalent attached with screws.
(B) The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of a crossbar or padlock must be approved by the fire marshal.
(C) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges.
(3) All air duct or air vent openings exceeding eight (8) inches by twelve (12) inches on the roof or exterior walls of any building shall be secured by covering the same with either of the following:
(A) Iron bars of at least one-half (1/2) inch round or one by one-fourth (1/4) inch thick flat steel material, spaced no more than five (5) inches apart and securely fastened; or
(B) A steel grill of at least one-eighth inch thick material of two (2) inch mesh and securely fastened; and
(C) If the barrier is on the outside, it shall be secured with galvanized rounded head flushbolts of at least three-eighths (3/8) inch diameter on the outside.
(e) Ladders.
(1) Any ladder, excluding fire escapes, located on the exterior of any building which could provide access to the roof shall be not less than ten (10) feet from any accessible ground area.
(2) Ladders accessible from ground level shall be fully enclosed with sheet metal in an approved manner to a height of ten (10) feet. This covering shall be locked against the ladder with a case hardened hasp, secured with non-removable screws or bolts. Hinges on the cover will be provided with non-removable pins when using pin-type hinges. If a padlock is used, it shall have a hardened shrouded steel shackle, locking at both heel and toe, and a minimum five (5) pin tumbler operation with non-removable key when in an unlocked positions.
(f) Special Security Measures. All entrance doors to individual office suites, in multiple occupancy office building, shall have a deadbolt lock.
(g) Keying Requirements. Upon occupancy by the owner or proprietor, each single unit in a commercial development constructed under the same plan, shall have locks using combinations which are interchange free from locks used in all other separate proprietorships or similar distinct occupancies. Tenants shall have direct access to any room or enclosure which is used to contain metering and/or switching devices for the respective tenant.
(h) Numbering of Buildings. Each different unit within a multiple-tenant building shall have its address prominently displayed on or adjacent to its front and rear doors.
(i) All entrance doors to individual office suites, in multiple occupancy office buildings, shall have a deadbolt lock.
23.54.100 ADDITIONAL SECURITY MEASURES MAY BE REQUIRED.
Additional security measures may be required by other more project specific codes or by the Zoning Administrator, Planning Commission, or City Council as conditions of approval of a land use permit, or specific plan, when, due to the particular circumstances presented by the proposed project and the circumstances under which the project shall be constructed and operated, the imposition of additional measures is necessary to support the finding that the project is consistent with the community's health, safety, and general welfare.
23.54.110 CONSTRUCTION SITE FENCING AND SECURITY.
The decision maker approving a planning application may condition the approval to require the applicant to install and maintain construction site fencing and/or the use of security lighting and patrols when a recommendation for such a condition is made by the San Mateo Police Department.
23.54.120 ALTERNATIVE MATERIALS AND METHODS OF CONSTRUCTION.
The provisions of this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this chapter, provided any such alternate has been approved by the enforcing authority as affording the same measure of protection as those prescribed by this chapter. Nor is it the intention of this chapter to exclude any such method of structural design or analysis not specifically provided for in this chapter.
23.54.130 SEVERABILITY.
In the event any section, clause or provision of this chapter 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.
Chapter 23.56 MOVING BUILDING CODE
23.56.010 BOND.
In addition to all other requirements of the Building Code relating to the moving of buildings and structures, no permit for the moving of buildings and structures shall be granted by the building official until the applicant has filed with the building official a bond in favor of the City, in the sum of not less than one thousand dollars nor more than one hundred thousand dollars, in such amount as the building official may determine, with at least two good and sufficient sureties, or a surety company licensed to do business in the state, this bond shall be conditioned upon the applicant strictly complying with all conditions and provisions of the permit and this chapter, and of any provisions of the San Mateo Municipal Code relating to the moving of buildings or structures, and of any order, rule, or regulation concerning moving of buildings or structures which may be hereafter adopted, and for payment of any and all damages which may result, by reason of the moving of the building or structure, to any fence, hedge, tree, pavement, street, sidewalk, curb, gas pipe, water pipe, sewer pipe, electric wire or pole supporting the same, or to any public or private property, and that the City will be saved, indemnified and kept harmless against all liabilities, judgments, costs, or any expense which may in any case accrue against the City because of the granting of the permit, or of the moving of such building or structure.
23.56.020 PLACE AND MANNER OF REMOVAL.
In addition to all other requirements of the Building Code relating to the moving of buildings or structures, all removals made under any permit granted for the moving shall be done over and along only the street, or streets designated in the permit, and at the times therein specified, and shall be done in a careful manner to the satisfaction of the building official and the Superintendent of Streets.
23.56.030 LIMITATION ON STANDING.
No person owning, or having charge of the removal of, any building or structure being moved over any street, shall permit the building or structure to be, or stand, on any street within the limits of any one block for a period of more than twenty-four (24) hours.
23.56.040 STREET INJURY PROHIBITED.
No person owning or having charge of the moving of any building or structure over any street shall allow or cause injury to any fence, hedge, tree, pavement, street, sidewalk, curb, gas pipe, water pipe, sewer pipe, electric wire or pole supporting same, or any other public or private property by reason of the removal.
Chapter 23.58 VISIBILITY IN BARS
23.58.010 PURPOSE.
This chapter is enacted pursuant to the City's police powers. The purpose of this chapter is to require all areas in bars that are open for patron use to be readily visible upon entry into the bar, or from public areas outside private rooms that might be provided in bars. This requirement is necessary to discourage illegal activity that might occur in areas that are not readily visible to public view.
23.58.020 VISIBILITY IN BARS.
(a) No bar shall be configured so as to provide private rooms for patron use unless one of the following conditions is met:
(1) the activities of patrons in the private room may be readily observed by a person entering the bar through its primary entrance; or
(2) visibility into areas not readily observable upon entry through the primary entrance is provided through doorways without doors or other obstructions; or
(3) visibility into areas not readily observable upon entry through the primary entrance is provided through the installation of a 12 square foot window measuring 4 feet in width by three feet in height, the lower edge of which shall be installed at a point 4 feet above the floor (if desired a larger window may be installed.) If visibility is provided through the installation of a window under this subsection, each of the following conditions must be met:
(A) the window shall remain clear and unobstructed at all times;
(B) the doors to the room shall not be equipped with locks of any kind; and
(C) no private room shall be configured so that the installation of the required window will not provide substantially complete visibility into the room to a person standing outside the room on the other side of the window.
(b) For the purposes of this chapter, a "bar" shall mean a business establishment primarily engaged in the business of selling alcoholic beverages for on site consumption.
(c) The visibility requirement established in this section does not apply to restrooms.
(d) Those bars offering private rooms for patron use in a manner inconsistent with the provisions of this chapter as of the effective date of the ordinance adding this chapter shall be remodeled to satisfy the requirements of this section within 30 days of the effective date of that ordinance.
23.58.030 SEVERABILITY.
In the event any section, clause or provision of this chapter 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.
Chapter 23.60 ART IN PUBLIC PLACES
23.60.010 PURPOSE.
The City Council finds and declares as follows:
(a) Cultural and artistic resources enhance the quality of life for individuals living in, working in and visiting the City.
(b) Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values.
(c) As development and revitalization of the real property within the City continues, the opportunity for creation of cultural and artistic resources is diminished.
(d) As this development and revitalization continues as a result of market forces, urbanization of the community results.
(e) As these opportunities are diminished and this urbanization occurs, the need to develop alternative sources for cultural and artistic outlets to improve the environment, image and character of the community is increased.
(f) Establishment of this Art in Public Places Program will promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources.
(g) It is the purpose of this chapter to establish an Art in Public Places Program to achieve the objectives stated in this section.
23.60.020 PROGRAM EXECUTION.
The City of San Mateo Civic Arts Committee and the community development department shall carry out the duties established by this chapter. The Civic Arts Committee shall be comprised of one ex officio member of the City Council selected by the City Council; one member of the Planning Commission nominated by the Planning Commission; one representative of the business community nominated by the San Mateo Chamber of Commerce, or its successor organization; a member of City Arts, Inc. nominated by that organization, or its successor organization; a professional in an arts related field nominated by City Arts, Inc., or its successor organization; and an architect nominated by the local chapter of the American Institute of Architects. All members of the Civic Arts Committee shall be appointed by the City Council. The Civic Arts Committee shall be a special committee subject to the provisions of Section 6.09 of the San Mateo City Charter.
23.60.030 ART IN PUBLIC PLACES FUND.
There is a fund known as the "Art in Public Places Fund" into which shall be deposited all fees paid pursuant to this chapter. This fund shall be maintained by the City treasurer, and shall be used for the acquisition, installation, improvement, and maintenance of artwork to be displayed in the City, and the administration of the Art in Public Places Program.
23.60.040 APPLICABILITY.
All commercial development projects and multi-family projects with a building permit valuation of three million dollars or more shall be subject to the provisions of this chapter, except when the work authorized by the project approval involves less than a substantial reconstruction of an existing building. "Substantial reconstruction" for the purposes of this section means work the estimated building permit valuation of which exceeds 50% of the replacement value of the existing building based upon construction costs at the time of project approval.
23.60.050 CERTIFICATES OF OCCUPANCY.
The following requirements must be met prior to the City's issuance of occupancy permits for projects subject to this chapter.
(a) Full compliance with one or more of the following:
(1) The approved artwork has been placed in a manner satisfactory to the community development director;
(2) In-lieu art fees have been paid; or
(3) Financial security in an amount equal to the acquisition and installation costs of an approved artwork, in a form approved by the City Attorney, has been posted.
(b) Execution and recordation with the San Mateo County recorder by the applicant of covenants, conditions, and restrictions (CC&Rs), in a form approved by the City Attorney, which require the property owner, successor in interest, and assigns to maintain the public art in good condition.
(c) Satisfaction of the entire program allocation required by Section 23.60.060 for the project.
23.60.060 PROGRAM ALLOCATIONS—IN LIEU FEE PAYMENTS.
(a) The program allocation, as used in this Chapter, is the percentage of the building cost which is set aside for the City's Art in Public Places Program. The amount of the program allocation shall be established by City Council resolution and based upon total building valuation, excluding land acquisition and off-site improvement costs. The total building valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the Building Official, a different valuation measure should be used.
(b) In lieu of placement of an approved artwork, the applicant may pay to the Art in Public Places Fund an amount equal to the program allocation set forth in subsection (a) of this section.
(c) Nothing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocations; provided that the applicant shall also pay to the Art in Public Places Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.
23.60.070 APPLICATION PROCEDURES FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY.
An application for placement of artwork on private property shall be submitted to the community development department and shall include:
(a) Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork;
(b) An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs;
(c) Preliminary plans containing such detailed information as may be required by the community development department to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and
(d) A narrative statement to be submitted to the community development department to demonstrate that the artwork will be displayed in an area open and freely available to the general public, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site.
23.60.080 APPROVAL FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY.
(a) Completed applications shall be submitted to the community development department for review of the artwork.
(b) The community development department shall present the completed application to the Civic Arts Committee. The Civic Arts Committee shall review the application for installation of the artwork considering its proposed location, the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval.
(c) The Civic Arts Committee shall approve a request to install artwork on private property, if it finds:
(1) The aesthetic quality of the artwork merits approval;
(2) The location of the proposed artwork is compatible and in harmony with the proposed development project and with the character of adjacent developed parcels; and
(3) There is sufficient public accessibility to the artwork.
(d) The decision of the Civic Arts Committee is subject to a fifteen-day review period by the City Council, and then becomes final. During this fifteen-day review period any person may appeal a Civic Arts Committee decision to the City Council, who shall conduct a hearing thereon. The decision of the City Council shall be final.
23.60.090 OWNERSHIP OF ARTWORK.
(a) All artwork placed on the site of an applicant's project shall remain the property of the owner of the site; the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. If the artwork is not maintained in good condition, the occupancy permit for the project may be revoked by the City Council upon due notice and an opportunity to be heard.
(b) Maintenance of artwork, as used in this chapter, shall include without limitation, preservation of the artwork in good condition to the satisfaction of the City, protection of the artwork against physical defacement, mutilation or alteration, and securing and maintaining fire and extended coverage insurance and vandalism coverage in an amount to be determined by the City Attorney. Prior to placement of an approved artwork, applicant and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the artwork. Failure to maintain the artwork as provided in this chapter is declared to be a public nuisance.
(c) In addition to all other remedies provided by law, in the event the owner fails to maintain the artwork, upon reasonable notice, the City may perform all necessary repairs, maintenance or secure insurance, and the costs therefore shall become a lien against the real property.
23.60.100 ARTWORK ON PUBLIC PROPERTY.
(a) Each year the Civic Arts Committee shall prepare and submit to the City Council an annual plan for the Art in Public Places Program. The annual plan shall include a discussion of the amount of money in the Art in Public Places Fund ("the Fund"), plans for the expenditure of money from the Fund during the year, a description of efforts to raise funds from other sources to be deposited into the Fund, and any other matters the Civic Arts Committee deems appropriate to include in the plan.
(b) Before money from the Fund is expended to purchase and install artwork on public property, the Civic Arts Committee shall consider the proposed expenditure and make a recommendation on the proposal to the City Council. In addition, at any time the Civic Arts Committee may make a recommendation to the City Council to purchase a particular artwork to be displayed on public property. Any recommendations made under this provision shall include the type of artwork considered, an analysis of the constraints applicable to placement of the artwork on a site, the need for and practicality of the maintenance of the artwork, and the costs of acquisition and installation of the artwork.
23.60.110 REMOVAL OR ALTERATION OF ARTWORK.
(a) Public art installed on or integrated into a construction project pursuant to the provisions of this chapter shall not be removed or altered without the approval of the City Council. If such public art is knowingly removed or altered without prior approval from the public art department, the occupancy permit for the project may be revoked by the City Council upon due notice and an opportunity to be heard. The City may in addition pursue any other available civil or criminal remedies or penalties.
(b) If any artwork provided on a development project pursuant to the provisions of this chapter is knowingly removed by the property owner without the approval of the community development department, the property owner shall contribute funds equal to the development project's original public art requirement to the City's Art in Public Places Fund, or replace the removed artwork with one which is of comparable value and approved of by the Civic Arts Committee. If this requirement is not met, the occupancy permit for the project may be revoked.
23.60.120 RETURN OF FEES.
(a) Fees paid to the Art in Public Places Fund which are not committed within ten years from the date of payment may be returned to the then current owner of the development project, with all interest actually earned thereon, if a written request for return is filed with the City Clerk during the tenth year after payment, and refund of fees is approved by the City Council. The request for return shall be verified, and include the date of payment, the amount paid and method of payment, the location of the development for which the fee was paid, and a statement that the applicant is the payor of the fees or the current owner of the development project.
(b) The City Council shall determine if return of the then uncommitted portion of the fees and interest is appropriate and, if so, the method of refund. No refund shall be appropriate if the City Council determines any one of the following applies:
(1) The City Council finds the fee is needed for the Art in Public Places Program;
(2) Moneys were not posted as fees, but were satisfied by letter of credit, bond or other instrument taken to secure payment at a future date;
(3) Administrative costs of refunding uncommitted fees pursuant to this chapter exceeds the amount to be refunded; provided, notice of public hearing on this issue has been published and posted on the site of the development project in not less than three places.
23.60.130 ANNUAL REVIEW.
Each year upon receipt of the annual plan referenced in section 23.60.100(a), the City Council will conduct an annual review of the Art in Public Places Program.
23.60.140 SEVERABILITY.
Each section and provision of this chapter shall be considered severable and the invalidity of any section or provision of this chapter shall not affect the validity or enforceability of any other section or provision.
Chapter 23.61 AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE
23.61.010 PURPOSE.
The purpose of this chapter is to:
(a) Enhance the public welfare by imposing an affordable housing commercial linkage fee whereby developers of commercial development projects will mitigate the impacts of their projects on the need for affordable housing by contribution to the supply of housing for households with very low, low, and moderate incomes; and
(b) Implement the Housing Element by creating a mechanism to provide benefits to the community from new commercial development in the form of affordable housing, thereby helping to meet the needs of all socio-economic elements of the community as provided in the Housing Element.
23.61.020 DEFINITIONS.
The following words and terms as used in this chapter shall have the following meaning:
(a) "Affordable housing commercial linkage fee" means the fee paid by developers of commercial development projects to mitigate the impacts that such developments have on the demand for affordable housing in the City.
(b) "Affordable housing fund" means a fund or account designated by the City to maintain and account for all monies received pursuant to this chapter.
(c) "Affordable ownership cost" means the maximum sales prices for units adjusted by bedroom type and income level as approved annually by the City Council for the City's Below Market Rate Housing Program.
(d) "Affordable rent" means the maximum rents adjusted by bedroom type and income level as approved annually by the City Council for the City's Below Market Rate Housing Program.
(e) "Affordable unit" means a dwelling unit which a developer proposes as an alternative to payment of the affordable housing commercial linkage fee, as defined in this chapter and which is required to be rented at an affordable rent or sold at an affordable ownership cost to very low, low or moderate income households.
(f) "Building permit" includes full structural building permits as well as partial permits such as foundation-only permits.
(g) "Commercial development project" means an application for a planning permit or building permit that includes the new construction of gross square feet of commercial space or the conversion of a commercial use to a nonresidential use.
(h) "Commercial use" means an office including medical and research and development uses, hotel, retail including personal services, or restaurant development.
(i) "Decision-making body" means the City staff person or body authorized to approve or deny an application for a planning or building permit for a commercial development project.
(j) "Developer" means the person(s) or legal entity(ies), who also may be the property owner, who is seeking real property development permits or approvals from the City or developing a particular project in the City.
(k) "For-sale unit" means a residential dwelling unit that may be sold individually in conformance with the Subdivision Map Act. For-sale units also include units that are converted from rental units to for-sale units.
(l) "Low income households" means households with incomes no greater than the maximum income for low income households, defined by the State of California Health and Safety Code Section 50079.5 and as published annually by the City for each household size, based on the California Department of Housing and Community Development (HCD) income limits for San Mateo County.
(m) "Market rate unit" means a new dwelling unit in a residential development project that is not an affordable unit.
(n) "Median income" means the median income applicable to San Mateo County, as published annually by the City for each household size, based on median income data for San Mateo County published by the California Department of Housing and Community Development (HCD).
(o) "Moderate income households" means households with incomes no greater than the maximum income for moderate income households, defined by the State of California Health and Safety Code Section 50093 and as published annually by the City for each household size, based on the California Department of Housing and Community Development (HCD) income limits for San Mateo County.
(p) "Planning permit" means any discretionary approval of a commercial development project, including, without limitation, a general or specific plan adoption or amendment, rezoning, tentative map, parcel map, conditional use permit, variances, or design review.
(q) "Rental unit" means a dwelling unit that is intended to be offered for rent or lease and that cannot be sold individually in conformance with the Subdivision Map Act.
(r) "Very low income households" means households with incomes no greater than the maximum income for very low income households, defined by the State of California Health and Safety Code Section 50105 and as published annually by the City for each household size, the California Department of Housing and Community Development (HCD) income limits for San Mateo County.
23.61.030 AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE.
(a) An affordable housing commercial linkage fee is hereby imposed on all developers of commercial development projects. The amount of the affordable housing commercial linkage fee shall be established, from time to time, by resolution of the City Council. Fees shall not exceed the cost of mitigating the impact of commercial development projects on the need for affordable housing in the City.
(b) Payment of the affordable housing commercial linkage fee shall be done at the issuance of the building permit for the development. The fee shall be calculated based on the fee schedule in effect at the time the building permit is issued.
(c) Commercial development projects where the developer voluntarily enters into an "Area Standard Wage Participation Agreement" with the City will be entitled to a reduction of the commercial linkage fee that would otherwise be applicable to the development project. The amount of the reduction and terms of the agreement will be established by resolution of the City Council.
23.61.040 EXEMPTIONS FROM PAYMENT OF AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE.
(a) The affordable housing commercial linkage fee shall not apply to developers of commercial development projects adding 5,000 square feet or less of net new square footage.
(b) The affordable housing commercial linkage fee shall not apply to projects that fall within one or more of the following categories:
(1) Schools, places of public assembly, recreational facilities, hospitals, cultural institutions, childcare facilities, nursing homes, rest homes, residential care facilities, and skilled nursing facilities.
(2) Development projects located on property owned by the State of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes.
(3) Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, so long as the square footage and use of the building remains the same, and construction of the replacement building begins within one year of the damage's occurrence.
(4) Development projects on property eligible for the California Property Tax Welfare Exemption that is (i) used exclusively for charitable purposes and (ii) owned or held in trust by a nonprofit corporation operating for charitable purposes with a current tax-exempt letter from the Internal Revenue Service or the Franchise Tax Board.
23.61.050 ALTERNATIVES TO PAYMENT OF AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE.
(a) As an alternative to compliance with the basic provisions included in Section 23.61.030 of this chapter, developers of commercial development projects may propose the construction of affordable units on-site or an alternative mitigation program proposed by the developer and the community development director, such as the provision of off-site affordable units, donation of land for the construction of affordable units, or purchase of existing units for conversion to affordable units.
(1) The City Council shall adopt, by resolution, the percentage of affordable units needed to mitigate the impact of commercial development projects on the need for affordable housing.
(2) Any affordable rental or for-sale units proposed as an alternative to the payment of the affordable housing commercial linkage fee shall be subject to the requirements described in the City's Below Market Rate Housing Program.
(b) If the developer seeks an alternative to the payment of the affordable housing commercial linkage fee, then the application for the first approval of a commercial development project for which the alternative is sought, shall include an "affordable housing plan" that describes how the alternative will comply with the provisions of this chapter. No affordable housing plan is required if the developer proposes only to pay the affordable housing commercial linkage fee.
(1) Development projects requesting an alternative to payment of the affordable housing commercial linkage fee require that an affordable housing plan be submitted in conformance with this chapter prior to the application being deemed complete.
(2) The affordable housing plan shall be processed concurrently with all other permits required for the commercial development project. Before approving the affordable housing plan, the decision-making body shall find that the affordable housing plan conforms to this chapter. A condition shall be attached to the first approval of any commercial development project to require recordation of an affordable housing agreement, as described in this subsection, prior to the approval of any final or parcel map or building permit for the development project.
(3) The approved affordable housing plan may be amended prior to issuance of any building permit for the commercial development project. A request for a minor modification of an approved housing plan may be granted by the community development director if the modification is substantially in compliance with the original affordable housing plan and conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original plan.
(4) If required to ensure compliance with the approved affordable housing plan, affordable housing agreements, acceptable to the community development director or designee, shall be recorded against the commercial development project prior to approval of any final or parcel map or issuance of any building permit, whichever occurs first. The affordable housing agreement shall specify the number, type, location, size, and phasing of all affordable units, provisions for income certification, and screening of potential purchasers or renters of units, and resale control mechanisms, consistent with the approved affordable housing plan, as determined by the community development director or designee.
(c) The decision-making body may approve, or conditionally approve, an affordable housing plan that proposes on-site construction of affordable units if the decision-making body determines, based on substantial evidence, that:
(1) The proposed affordable units comply with the City's below market rate standards adopted by City Council resolution, including that the affordable units be made available for occupancy concurrently with the market-rate units; and
(2) The affordable units will mitigate the impact of the project on the need for affordable housing as adopted by City Council resolution.
(d) If a developer proposes off-site affordable housing units or any other alternative in the affordable housing plan, the decision-making body may approve such a proposal if it finds that the proposal satisfies all of the following conditions:
(1) Financing, or a viable financing plan, is in place for the proposed affordable housing units;
(2) The proposed location is suitable for the proposed affordable housing, is consistent with the Housing Element, general plan, and zoning; and
(3) The off-site units will be available for occupancy concurrently or prior to the commercial development project.
23.61.060 AFFORDABLE HOUSING FUND.
(a) All affordable housing commercial linkage fees or other funds collected under this chapter shall be deposited into the City's affordable housing fund.
(b) The monies in the affordable housing fund and all earnings from investment of the monies in the fund shall be expended exclusively to provide housing affordable to very low income, lower income, and moderate income households in the City, consistent with the goals and policies contained in the City's Housing Element and the purposes for which the fees were collected, and for administration and compliance monitoring of the affordable housing program.
(c) The City Council may, from time to time, adopt guidelines for expenditure of monies in the affordable housing fund.
23.61.070 WAIVER.
(a) As part of an application for the first approval of a commercial development project, a developer may request that the requirements of this chapter be waived or modified by the decision-making body, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result, or because there is no reasonable relationship between the impact of the development and the need for affordable housing.
(1) Any request for a waiver or modification shall be submitted concurrently with the project application. The developer shall set forth in detail, the factual and legal basis for the claim, including all supporting technical documentation.
(2) Any request for a waiver or modification based on this section shall be reviewed and considered at the same time as the project application. The City Council may, from time to time, establish by resolution, a processing fee for review of any request for modification.
(b) The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the City Attorney, after adoption of written findings based on legal analysis and the evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification pursuant to this section.
23.61.080 ENFORCEMENT.
(a) Payment of the affordable housing commercial linkage fee is the obligation of the developer for a commercial development project. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.
(b) The city attorney shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law.
(c) Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any developer or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a commercial development shall be issued, including, without limitation, a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.
(d) The remedies provided for in this section shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.
Chapter 23.65 Child Care Development Fee
23.65.010 Purpose
The purpose of the childcare development fee is to fund the development of child care facilities in order to serve a need created by both commercial and residential development.
23.65.020 Fee
A childcare development impact fee, in an amount established by City Council resolution is imposed on all residential and commercial development, including new development, addition of square footage to existing development, and tenant improvements to existing structures if those tenant improvements require planning approval.
Chapter 23.70 GREEN BUILDING CODE
Editor's Notes
Prior ordinance history: Ord. 2009-14.
23.70.010 Adoption
(a) The California Green Building Standards Code, 2022 Edition, Title 24, Part 11 of the California Code of Regulations, as adopted and amended by the State of California, hereinafter called "Green Building Code," is adopted as the rules, regulations and standards within this City as to all matters therein except as hereinafter modified or amended;
(b) One copy of the Green Building Code shall at all times be kept on file in the office of the City Clerk.
23.70.020 Local Amendments to Definitions
(a) The most commonly used definitions of the Green Building Code are set forth below:
Addition. An extension or increase in floor area of an existing building or structure.
Alteration or Alter. Any construction or renovation to an existing structure other than repair for the purpose of maintenance or addition.
Electric Vehicle (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are considered electric vehicles. For purposes of the California Electrical Code, off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors, boats, and the like, are not included.
Electric Vehicle Charging Space (EV Space). A space intended for future installation of EV charging equipment and charging of electric vehicles.
Electric vehicle supply equipment (EVSE). The conductors, including the undergrounded, grounded, and equipment grounding conductors and the electric vehicles connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between premises wiring and the electric vehicle.
Newly Constructed (or New Construction). A newly constructed building (or new construction) does not include additions, alterations or repairs.
Off-Street Loading Spaces. An area, other than a public street, public way, or other property (and exclusive of off-street parking spaces), permanently reserved or set aside for the loading or unloading of motor vehicles, including ways of ingress and egress and maneuvering areas. Whenever the term "loading space" is used, it shall, unless the context clearly requires otherwise, be construed as meaning off-street loading space. This excludes designated passenger loading/unloading.
(b) Green Building Code Section 202 is amended to include the following definitions:
Affordable Housing. Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.
All-Electric Building. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
Appliance Upgrade. The installation, relocation, or replacement of any appliance.
Automatic Load Management System (ALMS). A control system designed to manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to share electrical capacity and/or automatically manage power at each connection point. ALMS systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage to the building site for the EV charging infrastructure shall not be lower than the required connected amperage per California Green Building Standards Code, Title 24 Part 11.
Combustion Equipment. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
Direct Current Fast Charging (DCFC). A parking space provided with electrical infrastructure that meets the following conditions:
(1) A minimum of 48 kVa (480 volt, 100-ampere) capacity wiring.
(2) Electric vehicle supply equipment (EVSE) located within three (3) feet of the parking space providing a minimum capacity of 80-ampere.
Electric Heating Appliance. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
Electric Vehicle Charging Station (EVCS). A parking space that includes installation of electric vehicle supply equipment (EVSE) at an EV Ready space. An EVCS space may be used to satisfy EV Ready space requirements. EVSE shall be installed in accordance with the California Electrical Code, Article 625.
Fuel Gas. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code.
Fuel Gas Infrastructure. Piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code.
Laboratory. A room, building or area where the use and storage of hazardous materials are utilized for testing, analysis, instruction, research or developmental activities.
Level 1 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 2.2 kVa (110/120 volt, 20-ampere) capacity wiring.
(2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
Level 2 EV Capable. A parking space provided with electrical infrastructure that meets the following requirements:
(1) Conduit that links a listed electrical panel with sufficient capacity to a junction box or receptacle located within three (3) feet of the parking space.
(2) The conduit shall be designed to accommodate at least 8.3 kVa (208/240 volt, 40-ampere) per parking space. Conduit shall have a minimum nominal trade size of 1 inch inside diameter and may be sized for multiple circuits as allowed by the California Electrical Code. Conduit shall be installed at a minimum in spaces that will be inaccessible after construction, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits, and such additional elements deemed necessary by the Building Official. Construction documents shall indicate future completion of conduit from the panel to the parking space, via the installed inaccessible conduit.
(3) The electrical panel shall reserve a space for a 40-ampere overcurrent protective device space(s) for EV charging, labeled in the panel directory as "EV CAPABLE."
(4) Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
(5) The parking space shall contain signage with at least a 12" font adjacent to the parking space indicating the space is EV Capable.
Level 2 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 8.3 kVa (208/240 volt, 40-ampere) capacity wiring.
(2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three feet of the parking space.
(3) If EVSE is provided the minimum capacity of the EVSE shall be 30-ampere.
Low Power Level 2 EV Ready. A parking space that is served by a complete electric circuit with the following requirements:
(1) A minimum of 4.1 kVA (208/240 Volt, 20-ampere) capacity wiring.
(2) A receptacle labeled "Electric Vehicle Outlet" or electric vehicle supply equipment located within three (3) feet of the parking space. If EVSE is provided the minimum capacity of the EVSE shall be 16-ampere.
(3) Conduit oversized to accommodate future Level 2 EV Ready (208/240 volt, 40-ampere) at each parking space.
Repair. Reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage, as defined in the California Existing Building Code.
(c) Green Building Code Section 202 is amended to delete the following definitions:
Electric Vehicle (EV) Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
Electric Vehicle (EV) Ready Space. [HCD] A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
Level 2 Electric Vehicle Supply Equipment (EVSE). [HCD] The 208/240 Volt 40ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle.
Low Power Level 2 Electric Vehicle [EV] Charging Receptable. [HCD] A 208/240 Volt 20- ampere minimum branch circuit and a receptacle for use by an EV driver to charge their electric vehicle or hybrid electric vehicle.
23.70.030 Local Amendment Regarding Electric Vehicle Charging for New One- and Two-Family Dwellings and Town-Houses
(a) Green Building Code Section 4.106.4.1, "New one- and two-family dwellings and town-houses with attached private garages," is amended to read as follows:
4.106.4.1 New one- and two-family dwellings and town-houses with attached private garages.
(b) Green Building Code Section 4.106.4.1.1, "Identification," is amended to read as follows:
4.106.4.1.1 New Construction One parking space provided shall be a Level 2 EV Ready space. If a second parking space is provided, it shall be provided with a Level 1 EV Ready space.
23.70.040 Local Amendment Regarding Electric Vehicle Charging for New Multifamily Residential Construction
(a) Green Building Code Section 4.106.4 "Electric vehicle (EV) charging for new construction," is amended to read as follows:
4.106.4 Electric vehicle (EV) charging. New construction shall comply with Section 4.106.4.1 or 4.106.4.2, and 4.106.4.3, to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infrastructure are not feasible based upon one or more of the following conditions:
1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.
1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may increase construction cost by an average of $4,500 per parking space for market rate housing or $400 per parking space for affordable housing. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
1.3 Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical panel upgrade or new panel installation. ADUs and JADUs without additional parking but with electrical panel upgrades or new panels must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1.
2. Projects with multifamily residential units that submitted Planning Applications prior to the effective date of this ordinance.
3. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
(b) Green Building Code Section 4.106.4.2, "New multifamily dwellings, hotels and motels and new residential parking facilities," is amended to read as follows:
4.106.4.2 New multifamily dwellings and new residential parking facilities. Requirements apply to parking spaces that are assigned or leased to individual dwelling units, as well as unassigned residential parking. Visitor or common area parking is not included.
(c) Green Building Code Section 4.106.4.2.1, "Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms," is amended to read as follows:
4.106.4.2.1 New Construction. Fifteen percent (15%) of dwelling units with parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Eighty-five percent (85%) of dwelling units with parking spaces shall be provided with a Low Power Level 2 EV Ready space. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. EVCS shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B.
Note: The total number of EV spaces should be one-hundred percent (100%) of dwelling units or one-hundred percent (100%) of parking spaces, whichever is less.
(d) Green Building Code Section 4.106.4.2.2, "Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms," is amended to read as follows:
4.106.4.2.2 Existing Buildings. When new parking facilities are added, or electrical systems or lighting of existing parking facilities are added or altered and the work requires a building permit, ten (10) percent of the total number of parking spaces added or altered, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE.
Notes:
1. Construction documents are intended to demonstrate the project's capability and capacity for facilitating future EV charging.
2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use.
(e) Green Building Code Section 4.106.4.2.2.1 "Electric vehicle charging stations (EVCS)" is not adopted
(f) Green Building Code Section 4.106.4.2.2.1.1 "Location" is not adopted
(g) Green Building Code Section 4.106.4.2.2.1.2 "Electric vehicle charging stations (EVCS) dimensions" is not adopted
(h) Green Building Code Section 4.106.4.2.2.1.3 "Accessible EV spaces" is not adopted
(i) Green Building Code Section 4.106.4.2.3 "EV Space requirements" is not adopted
(j) Green Building Code Section 4.106.4.2.4 "Identification" is not adopted
(k) Green Building Code Section 4.106.4.2.5 "Electric Vehicle Ready Space Signage" is not adopted
(l) Green Building Code Section 4.106.4.3 "Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings," is amended, and adds new subsections to read as follows:
4.106.4.3 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2 shall comply with Section 4.106.4.3.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels, and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.
4.106.4.3.1 Location. EVCS shall comply with at least one of the following options:
1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.
Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.3.1 and Section 4.106.4.3.2.
4.106.4.3.2 Dimensions. The charging spaces shall be designed to comply with the following:
1. The minimum length of each EV space shall be 18 feet (5486 mm).
2. The minimum width of each EV space shall be 9 feet (2743 mm).
3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm).
a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction.
Exception: Where the City's Municipal or Zoning Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.3.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted while remaining in compliance with California Building Code Section Table 11B-228.3.2.1 and 11B-812, as applicable.
(m) Green Building Code Section 4.106.4, "Electric vehicle (EV) charging for new construction," is amended to add a new subsection and read as follows:
4.106.4.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 4.106.4.1 and 4.106.4.2. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
23.70.050 Local Amendment Regarding Electric Vehicle Charging for New Non-residential Construction
(a) Green Building Code Section 5.106.5.3, "Electric vehicle (EV) charging," is amended, and adds new subsections to read as follows:
5.106.5.3 Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3 and shall be provided in accordance with regulations in the California Building Code and the California Electrical Code. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s). Calculation for spaces shall be rounded up to the nearest whole number.
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
5.106.5.3.1 Nonresidential Occupancy Class B Offices – Shared Parking Space.
5.106.5.3.1.1 New Construction. Twenty percent (20%) of parking spaces shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Thirty percent (30%) of parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.2 Hotel and Motel Occupancies – Shared Parking Facilities.
5.106.5.3.2.1 New Construction Five percent (5%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Twenty-five percent (25%) of parking spaces provided shall be Low Power Level 2 EV Ready space. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.3 All Other Nonresidential Occupancies – Shared Parking Facilities.
5.106.5.3.3.1 New Construction. Ten percent (10%) of parking spaces provided shall be EVCS with Level 2 EV Ready. ALMS shall be permitted to reduce load when multiple vehicles are charging. Ten percent (10%) of parking spaces provided shall be Level 2 EV Capable.
5.106.5.3.4 Direct current fast charging stations. One DCFC may be substituted for up to five (5) EVCS to meet the requirements of 5.106.5.3.1, 5.106.5.3.2, and 5.106.5.3.3. Where ALMS serve DCFC stations, the power demand from the DCFC shall be prioritized above Level 1 and Level 2 spaces.
(b) Green Building Code Section 5.106.5.4 "Electric vehicle (EV) charging: medium-duty and heavy-duty," is amended to read as follows:
5.106.5.4 Electric vehicle (EV) charging readiness. Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE. Accessible EVCS shall be provided in accordance with the California Building Code Chapter 11B Section 11B-228.3. For EVCS signs, refer to Caltrans Traffic Operations Policy Directive 13-01 (Zero Emission Vehicle Signs and Pavement Markings) or its successor(s).
Exceptions:
1. On a case-by-case basis where the local enforcing agency has determined compliance with this section is not feasible based upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power.
c. Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may increase construction cost by an average of $4,500 per parking space. EV infrastructure shall be provided up to the level that would not exceed this cost for utility service.
23.70.060 Local Amendment Regarding All-Electric Requirements for New Residential Construction
(a) Green Building Code Section 4.106 "Site Development," is amended to include new subsections to read as follows:
4.106.5 All-electric buildings. New construction buildings shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.
4.106.5.1 New construction. All newly constructed buildings shall be all-electric buildings. Exceptions:
If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 4.106.5.2.
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.
The City of San Mateo shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
4.106.5.2 Requirements for combustion equipment. Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
23.70.070 Local Amendment Regarding All-Electric Requirements for New Nonresidential Construction
(a) Green Building Code Section 5.106 "Site Development" is amended to include new subsections as follows:
5.106.13 All-electric buildings. New construction buildings shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.
5.106.13.1 New construction. All newly constructed buildings shall be all-electric buildings.
Exceptions:
1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the local enforcing agency for a modification to install commercial food heat-processing equipment served by fuel gas. The local enforcing agency may grant the modification if they find:
a. A business-related need to cook with combustion equipment; and
b. The need cannot be achieved equivalently with an electric heating appliance; and
c. The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise qualifications, as available.
d. The applicant shall comply with Section 5.106.13.2.
2. Laboratory areas within Non-Residential Buildings may contain non-electric Space Conditioning Systems. To take advantage of this exception, an applicant shall provide third party verification that the All-electric space heating requirement is not cost effective and feasible.
3. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the local enforcing agency may grant a modification. The applicant shall comply with Section 5.106.13.2
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.
The City of San Mateo shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
5.106.13.2 Requirements for combustion equipment. Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
23.70.080 Local Amendment Regarding Electrification Requirements for Existing Residential Buildings
(a) Green Building Code Section 4.106 "Site Development" is amended to include new subsections as follows:
4.106.5.3 Existing one- and two-family dwellings.
4.106.5.3.1 Space cooling appliance upgrades shall use electricity for space heating, unconnected to fuel gas infrastructure. Any other space heating system serving the space shall be removed or configured to provide supplemental heat.
4.106.5.3.2 Alterations and additions that include water heater appliance upgrades shall be all-electric, unconnected to fuel gas infrastructure.
4.106.5.3.3 Kitchen alterations shall include a 240v, 50 ampere circuit and receptacle installed within 6 feet of the cooktop, oven, and/or range location.
4.106.5.3.4 Alterations to areas designated for the installation of laundry equipment shall include a 240v, 30 ampere circuit and receptacle installed within 6 feet of clothes drying appliance location.
4.106.5.4 Existing residential buildings.
4.106.5.4.1 Alterations or additions that involve or require an increase to the capacity of electrical panels or transformers as part of the scope, the electrical panel shall include reserved physical space for overcurrent protection devices, and transformers shall include reserved electrical capacity, as calculated per California Electric Code Section 220 for the following current or proposed appliances, as applicable to the project site, that will not be connected to fuel gas infrastructure:
1. Electric water heaters meeting the requirements of the California Energy Code.
2. Electric space heater and air-conditioner meeting the requirements of the California Energy Code.
3. Electric pool and/or spa water heater.
4. Electric clothes dryer.
5. Electric cooking equipment.
6. Electric vehicle charger
Exceptions:
1. Buss bar electrical capacity shall not be required to exceed the proposed utility electrical service to the building. Capacity and overcurrent protection spaces shall be reserved in the priority listed above to the extent allowable under the proposed buss bar capacity.
2. Reserved electric vehicle charger panel capacity may be shared with one of the following: water heater, clothes dryer, or cooking equipment.
3. Electrical panels with internet-connected overcurrent protection devices that monitor circuit load and manage power distribution.
4.106.5.4.2 Existing fuel gas infrastructure shall not be extended to any appliance, system or device within the building or building property. Inactive fuel gas infrastructure shall not be activated or otherwise operated.
Exceptions: The following are exempt from the provisions of Section 4.106.5.3 "Existing one- and two-family dwellings" and Section 4.106.5.4 "Existing residential buildings,"
1. Where meeting the provisions of Section 4.106.5.3 or 4.106.5.4 would necessitate an increase in capacity for an electrical panel, feeders, transformer, or electrical service that is not part of the appliance upgrade scope, in order to meet the requirements of the California Electrical Code. To qualify for this exception, applicant must provide a calculation conforming to the California Electrical Code.
2. Economic hardship exemptions shall be provided if the replacement cost for an all-electric system, including all incentives, is greater than 110 percent of a like-for-like fuel gas system replacement, including the future costs of electrification retrofits. The building official shall consult with the Community Development Director in deciding whether to approve an economic hardship exemption.
23.70.090 Expiration
These local code amendments shall sunset when the California Green Building Standards Code, 2022 Edition, is no longer in effect.
Chapter 23.72 WATER CONSERVATION IN LANDSCAPING
23.72.010 APPLICABILITY.
(a) This chapter shall apply to the following landscape projects:
(1) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; and
(2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,000 square feet requiring a building or landscape permit, plan check, or design review;
(b) Existing landscapes, including existing cemeteries and parks, shall only be subject to the provisions for existing landscapes provided for in Section 23.72.180 "Provisions for existing landscapes over one acre in size."
(c) New and rehabilitated cemeteries and parks shall only be subject to the provisions of Sections 23.72.070 "Water budget calculations," 23.72.120 "Landscape and irrigation audit report," and 23.72.140 "Landscape and irrigation maintenance schedule."
(d) Any project with an aggregate landscape area of 2,500 square feet or less may comply either with the performance requirements of this chapter or conform to the Prescriptive Measures developed by staff and on file with the City's Building Division.
(e) For projects using treated or untreated graywater or rainwater captured on-site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on-site is subject only to the irrigation system requirements of the Prescriptive Measures as developed by staff and on file with the City's Building Division.
(f) The provisions of this chapter shall not apply to:
(1) New construction with irrigated landscape areas less than 500 square feet or landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service;
(2) Landscapes, or portions of landscapes, that are only irrigated for an establishment period;
(3) Registered local, State or Federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation;
(4) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or
(5) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms.
23.72.020 DEFINITIONS.
(a) "Applied water" means the portion of water supplied by the irrigation system to the landscape.
(b) "Automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.
(c) "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
(d) "Certificate of completion" means the document required in Section 23.72.110.
(e) "Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.
(f) "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.
(g) "Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
(h) "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.
(i) "Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
(j) "Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.
(k) "Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.
(l) "Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(m) "Ecological restoration" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
(n) "Effective precipitation (Eppt)" or "usable rainfall" means the portion of total precipitation which becomes available for plant growth.
(o) "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.
(p) "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
(q) "Establishment period" means the length of time necessary for a plant to become established as set forth in 23 California Code of Regulations Section 491.
(r) "Estimated total water use (ETWU)" means the total water used for the landscape as described in Section 23.72.070 "Water budget calculations."
(s) "ETAF" or "ET adjustment factor" means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. ETAF for existing non-rehabilitated landscapes is 0.8.
(t) "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
(u) "Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
(v) "Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.
(w) "Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
(x) "Fuel Modification Plan Guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.
(y) "Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. (Health and Safety Code Section 17922.12.)
(z) "Hardscapes" means any durable material (pervious and non-pervious).
(aa) "Hydrozone" means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
(bb) "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
(cc) "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.
(dd) "Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification Program or other U.S. Environmental Protection Agency "WaterSense" labeled auditing program.
(ee) "Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this chapter are 0.75 for overhead spray devices and 0.81 for drip systems.
(ff) "Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.
(gg) "Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.
(hh) "Landscape architect" means a person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code Section 5615.
(ii) "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
(jj) "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
(kk) "Landscape documentation package" means the documents required under Section 23.72.050.
(ll) "Landscape project" means the total area of landscape in a project as defined in "landscape area" for the purposes of this chapter.
(mm) "Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.
(nn) "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
(oo) "Local water purveyor" means any entity, including a public agency, city, county, district or private water company that provides retail water service.
(pp) "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(qq) "Low water use plant" means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants.
(rr) "Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.
(ss) "Master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
(tt) "Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water for the established landscaped area as specified in Section 23.72.070 "Water budget calculations." It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with a ETAF not to exceed 1.0 MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].
(uu) "Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
(vv) "Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
(ww) "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
(xx) "Native plant" means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project's vicinity.
(yy) "New construction" means, for the purposes of this chapter, a new building with landscape, or other new landscape such as a park, playground, or greenbelt without an associated building.
(zz) "Nonresidential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas and multifamily homes where landscaping is managed by a homeowners association or other common interest development.
(aaa) "No-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.
(bbb) "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
(ccc) "Overspray" means the irrigation water which is delivered beyond the target area.
(ddd) "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
(eee) "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.
(fff) "Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3. The plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
(ggg) "Project applicant" means the individual or entity submitting a project landscape application required under Section 23.72.050, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or designee.
(hhh) "Prescriptive measures" means the planting restrictions referenced in Section 23.72.010 as developed by the City and kept on file by the Building Division that allow a project applicant to meet the water efficiency goals of this chapter without requiring the completion of the water budget calculation referenced in Section 23.72.070.
(iii) "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.
(jjj) "Recreational area" means areas, excluding private single-family residential areas, designated for active play, recreation, or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairway, roughs, surrounds and greens.
(kkk) "Recycled water" means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.
(lll) "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four-to-seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.
(mmm) "Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, design review, meets the requirements of Section 23.70.010 and the modified landscape area is equal to or greater than 2,500 square feet.
(nnn) "Residential landscape" means landscape surrounding single-family homes or multifamily homes where landscapes are managed by individual homeowners.
(ooo) "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
(ppp) "Soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
(qqq) "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.
(rrr) "Special landscape area" or "SLA" means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.
(sss) "Sprinkler head" or "spray head" means a device which delivers water through a nozzle.
(ttt) "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.
(uuu) "Station" means an area served by one valve or by a set of valves that operate simultaneously.
(vvv) "Swimming pool" means any structure intended for swimming, recreational bathing, or wading that contains water over 24 inches (610 mm) deep. This includes in-ground, above ground, and on-ground pools; but hot tubs; spa and fixed in place wading pools.
(www) "Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
(xxx) "Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.
(yyy) "Turf" means a groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
(zzz) "Valve" means a device used to control the flow of water in the irrigation system.
(aaaa) "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
(bbbb) "Watering window" means the time of day irrigation is allowed.
(cccc) "WUCOLS" means the current version of the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources.
23.72.030 WATER CONSERVATION IN LANDSCAPING ORDINANCE REQUIREMENTS.
(a) All project applicants of new construction and rehabilitated landscapes covered by this chapter shall: (1) complete the landscape project application and documentation package; and (2) comply with the landscape and irrigation maintenance schedule requirements of this chapter.
(b) All owners of existing landscapes over one acre in size, even if installed before enactment of the ordinance codified in this chapter, shall: (1) comply with local water purveyor programs that may be instituted relating to irrigation audits, surveys and water use analysis; and (2) maintain landscape irrigation facilities to prevent water waste and runoff.
23.72.040 REQUIREMENTS FOR COVERED PROJECTS.
Project applicants for covered projects shall:
(a) Submit a landscape documentation package with building permit application for approval by the Building Official.
(b) Upon completion of the work, submit a certification of completion to the City.
23.72.050 LANDSCAPE PROJECT APPLICATION AND DOCUMENTATION PACKAGE.
(a) The elements of a landscape must be designed to achieve water efficiency and comply with the criteria described in this chapter. In completing the landscape project application, project applicants must demonstrate that planting restriction will result in efficient water use by satisfying either of the following criteria:
(1) The landscape areas may include no turf or high-water using plants; and
(2) At least 80% of the plants in non-turf landscape areas shall be native plants, low-water using plants, or no-water using plants; or provide a water budget calculation option that demonstrates project is within the maximum approved water allowance.
(b) The landscape project application shall include the following elements:
(1) Project information:
(i) Date,
(ii) Project applicant,
(iii) Project address (if available, parcel and/or lot numbers),
(iv) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed),
(v) Total landscape area (square feet),
(vi) Water supply type (e.g., potable, recycle, well) and identify the local retail water purveyor if the applicant is not served by a private well,
(vii) Completed checklist of all documents in landscape documentation package,
(viii) Project contacts to include contact information for the project applicant and property owner,
(ix) Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package";
(2) Water budget calculations, if project applicant project elects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions;
(3) Soil management report or soil management survey;
(4) Landscape design plans;
(5) Irrigation system design plans; and
(6) Grading design plan or grading design survey.
23.72.060 SOIL MANAGEMENT REPORT.
(a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant. The soil management report shall be completed as follows:
(1) Submit soil samples to a laboratory for analysis and recommendations.
(2) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
(3) The soil analysis shall include:
(i) Soil texture;
(ii) Infiltration rate determined by laboratory test or soil texture infiltration rate table;
(iii) pH;
(iv) Total soluble salts;
(v) Sodium;
(vi) Percent organic matter; and
(vii) Recommendations.
(4) Projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of one in seven lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.
(b) The project applicant shall comply with one of the following:
(1) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or
(2) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.
(c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
(d) The project applicant shall submit documentation verifying implementation of soil analysis report recommendation to the local agency with certificate of completion.
23.72.070 WATER BUDGET CALCULATIONS.
The project applicant may elect to complete a water budget calculation for the landscape project. Water budget calculations, if prepared, shall adhere to the following requirements:
(a) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
(b) All water features shall be included in the high water use hydrozone.
(c) All special landscape areas shall be identified and their water use included in the water budget calculations.
(d) The reference evapotranspiration adjustment factor for special landscape areas shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas and 0.45 for nonresidential areas. ETo values from the reference Evapotranspiration Table, as provided by the City, shall be used in calculating the maximum applied water allowance (MAWA) and estimated total water use (ETWU).
(e) For the purpose of determining estimated total water use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.
(f) Maximum applied water allowance (MAWA) shall be calculated using the equation below:
(1) MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)]
(2) MAWA = (ETo) [(0.45 x LA) = (0.55 x SLA)] for nonresidential areas
Where:
MAWA = Maximum applied water allowance (gallons per year)
ETo = Reference evapotranspiration (inches per year)
0.62 = Conversion factor (to gallons)
0.55 = Reference evapotranspiration adjustment factor (ETAF) for residential area
0.45 = Reference evapotranspiration adjustment factor (ETAF) for nonresidential areas
LA = Landscape area including SLA in residential areas
0.3 = Additional water allowance for SLA in nonresidential areas
SLA = Special landscape area (square feet).
(g) A local agency or project applicant may consider effective precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA:
(1) MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas
(2) MAWA = (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for nonresidential areas
(h) Estimated total water use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA.
ETWU = (ETo)(0.62)(PF x HA) + SLA]
IE
Where:
ETWU = Estimated total water use per year (gallons)
ETo = Reference evapotranspiration (inches)
PF = Plant factor from WUCOLS
HA = Hydrozone area (high, medium, and low water use areas) (square feet)
SLA = Special landscape area (square feet)
0.62 = Conversion factor
IE = Irrigation efficiency (minimum 0.70) equals 0.75 for overhead spray devices and 0.81 for drip system devices
23.72.080 LANDSCAPE DESIGN PLAN.
(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:
(1) Any plant may be selected for the landscape, providing the estimated total water use in the landscape area does not exceed the maximum applied water allowance. Methods to achieve water efficiency shall include one or more of the following:
(i) Protection and preservation of native species and natural vegetation;
(ii) Selection of water-conserving plant, tree and turf species, especially local native plants;
(iii) Selection of plants based on local climate suitability, disease and pest resistance;
(iv) Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;
(v) Selection of plants from local and regional landscape program plant lists; and
(vi) Selection of plants from local Fuel Modification Plan Guidelines.
(2) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozone with plants of mixed water use, as specified in Section 23.72.090.
(3) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
(i) Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
(ii) Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and allow for adequate soil volume for healthy root growth;
(iii) Consider the solar orientation for plant placement to maximize summer share and winter solar gain.
(4) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).
(5) High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
(6) A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resource Code Section 4291, subsections (a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan Guideline.
(7) The use of invasive plant species, such as those listed by the California Invasive Plant Council, is prohibited.
(8) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperative, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(b) Water Features.
(1) Recirculating water systems shall be used for water features.
(2) Where available, recycled water shall be used as a source for decorative water features.
(3) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.
(4) Pool and spa covers are required on any newly constructed pool or spa.
(c) Soil Preparation, Mulch and Amendments.
(1) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
(2) Soil amendments shall be incorporated according to recommendations of the soil report.
(3) For landscape installations, compost at a rate of minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
(4) A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan.
(5) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
(6) The mulching portion of the seed/mulch slurry to hydro-seeded applications shall meet the mulching requirement.
(7) Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.
(d) The landscape design plan, at a minimum, shall:
(1) Delineate and label each hydrozone by number, letter, or other method;
(2) Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use by hydrozone for the water budget calculation;
(3) Identify recreational areas;
(4) Identify areas permanently and solely dedicated to edible plants;
(5) Identify areas irrigated with recycled water;
(6) Identify type of mulch and application depth;
(7) Identify soil amendments, type, and quantity,
(8) Identify type and surface area of water features;
(9) Identify hardscape (pervious and non-pervious);
(10) Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater;
(11) Identify any applicable rain harvesting or catchment technologies as discussed in Section 23.72.150 and their 24-hour retention or infiltration capacity;
(12) Identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and
(14) Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
23.72.090 IRRIGATION DESIGN PLAN.
(a) This section applies to landscaped areas requiring permanent irrigation; not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.
(1) System.
(i) Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:
(A) A customer service meter dedicated to landscape use provided by the local water purveyor; or
(B) A privately owned meter or submeter.
(ii) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
(iii) If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
(A) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
(B) Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.
(iv) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
(v) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
(vi) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
(vii) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all nonresidential landscapes and residential landscapes of 5,000 square feet or larger.
(viii) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
(ix) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
(x) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
(xi) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
(xii) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 23.72.070 regarding the maximum applied water allowance.
(xiii) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler and Emitter Standard." All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
(xiv) The project applicant must inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
(xv) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
(xvi) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
(xvii) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations.
(xviii) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.
(xix) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
(xx) Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
(xxi) Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
(A) The landscape area is adjacent to permeable surfacing and no runoff occurs; or
(B) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
(C) The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in Section 23.72.090. Prevention of overspray and runoff must be confirmed during the irrigation audit.
(xxii) Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the landscape documentation package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
(2) Hydrozone.
(i) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.
(ii) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
(iii) Where physically feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
(iv) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
(A) Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
(B) The plant factor of the higher water using plant is used for calculations.
(v) Individual hydrozones that mix high and low water use plants shall not be permitted.
(vi) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use the valve number in the Hydrozone Information Table on file with the City's Building Division. This table can also assist with the irrigation audit and programming the controller.
(b) The irrigation design plan, at a minimum, shall contain:
(1) Location and size of separate water meters for landscape;
(2) Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
(3) Static water pressure at the point of connection to the public water supply;
(4) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
(5) Recycled water irrigation systems as specified in Section 23.72.160;
(6) The following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and
(7) The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)
23.72.100 GRADING DESIGN PLAN.
(a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan or completed grading design survey shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
(1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(i) Height of graded slopes;
(ii) Drainage patterns;
(iii) Pad elevations;
(iv) Finish grade; and
(v) Stormwater retention improvements, if applicable.
(2) To prevent excessive erosion and runoff, project applicants shall, where physically feasible:
(i) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
(ii) Avoid disruption of natural drainage patterns and undisturbed soil; and
(iii) Avoid soil compaction in landscape areas.
23.72.110 CERTIFICATE OF COMPLETION.
(a) The project applicant shall:
(1) Submit the signed certificate of completion to the local agency for review;
(2) Ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or designee.
(b) The certificate of completion shall include the following six elements:
(1) Project information sheet that contains:
(i) Date,
(ii) Project name,
(iii) Project applicant name, telephone, and mailing address,
(iv) Project address and location, and
(v) Property owner name, telephone, and mailing address;
(2) Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package:
(i) Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification,
(ii) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes;
(3) Irrigation scheduling parameters used to set the controller (see Section 23.72.130);
(4) Landscape and irrigation maintenance schedule (see Section 23.72.140);
(5) Landscape and irrigation audit report (see Section 23.72.120); and
(6) Soil analysis report or soil management survey, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations.
23.72.120 LANDSCAPE AND IRRIGATION AUDIT REPORT.
(a) The landscape audit report shall include, but is not limited to, inspection to confirm that the landscaping and irrigation system were installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.
(b) The landscape audit report shall include the following statement: "The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the City's landscape water efficiency Ordinance and the permit."
23.72.130 IRRIGATION SCHEDULING.
(a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers.
(2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use. Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
(4) Parameters used to set the automatic controller shall be developed and submitted for each of the following:
(i) The plant establishment period;
(ii) The established landscape; and
(iii) Temporarily irrigated areas.
(5) Each irrigation schedule shall consider for each station all of the following that apply:
(i) Irrigation interval (days between irrigation);
(ii) Irrigation run times (hours or minutes per irrigation event to avoid runoff);
(iii) Number of cycle starts required for each irrigation event to avoid runoff;
(iv) Amount of applied water scheduled to be applied on a monthly basis;
(v) Application rate setting;
(vi) Root depth setting;
(vii) Plant type setting;
(viii) Soil type;
(ix) Slope factor setting;
(x) Shade factor setting; and
(xi) Irrigation uniformity or efficiency setting.
23.72.140 LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE.
(a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.
(b) A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost; replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.
23.72.150 STORMWATER MANAGEMENT AND RAINWATER RETENTION.
(a) Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are required and must be consistent with City stormwater management requirements.
(b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.
(c) All planted landscape areas are required to have friable soil to maximize water retention and infiltration.
(d) Where physically feasible, landscape areas shall be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: (1) the one-inch, 24-hour rain event; or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, State or Federal regulation.
(e) Stormwater projects shall incorporate the following elements to improve on-site stormwater and dry weather runoff capture and use:
(1) Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
(2) Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.
(3) Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
(4) Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.
(5) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
(6) Incorporate infiltration beds, swales, basins and drywells to capture stormwater and dry weather runoff and increase percolation into the soil.
(7) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
23.72.160 RECYCLED WATER.
(a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
(b) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
(c) Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.
23.72.170 GRAYWATER SYSTEMS.
Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section 23.72.010(e) for the applicability of this chapter to landscape areas less than 2,500 square feet with the estimated total water use met entirely by graywater.
23.72.180 PROVISIONS FOR EXISTING LANDSCAPES OVER ONE ACRE IN SIZE.
This section shall apply to all existing landscapes that were installed before the effective date of the ordinance codified in this chapter and are over one acre in size.
(a) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
(1) For landscapes that have a water meter, the local water purveyor shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).
(2) For landscapes that do not have a meter, the local water purveyor shall administer programs that may include, but need not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
(3) All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor.
(b) Water Waste Prevention.
(1) It is prohibited to have runoff leaving the target landscape due to low head drainage overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.
(2) Restrictions regarding overspray and runoff may be modified if:
(i) The landscape area is adjacent to permeable surfacing and no runoff occurs; or
(ii) The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.
23.72.190 PUBLIC EDUCATION.
(a) All model homes that are landscaped shall use signs and written information to demonstrate the principals of water-efficient landscapes that are described in this chapter.
(b) Signs must be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. Information must be included about designing, installing, managing, and maintaining water efficient landscapes.
23.72.200 PENALTIES.
Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this chapter to fail to comply with the outdoor water use efficiency requirements of this chapter. The City of San Mateo has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this chapter. Whenever the City of San Mateo determines that a violation of this chapter has occurred, the City of San Mateo may utilize any of the code enforcement methods set forth in Title 1 of the City's Municipal Code in addition to any other available legal remedies.
