27.21.030 Rules of Procedure

Except as otherwise outlined below, the applicable rules of procedure contained in Chapter 27.08 shall apply to all SB 9 planning applications. Where there is a conflict, standards in this Chapter shall prevail.

(a) Planning Application Submittal. An SB 9 planning application, on the form(s) prescribed by the Department, for either an attached or detached unit(s) and/or urban lot splits, shall be submitted for all development pursuant to the provisions of this Chapter.

(1) An applicant may file concurrent planning applications under this Chapter for one or two-unit development and an urban lot split.

(2) Processing of Applications. Unless an SB 9 application is submitted pursuant to Section 27.21.045 of this Chapter, SB 9 application(s) shall be processed as prescribed in Section 27.08.040 of the San Mateo Municipal Code, except that these applications shall be considered ministerially with no public hearing.

(b) Informational Notice. Upon receipt of an SB 9 planning application, and once the project is deemed complete, the City shall provide an informational notice that an SB 9 application has been filed with the City to all property owners and tenants within a 500-foot radius of the subject parcel and to the applicable neighborhood association(s) in accordance with the noticing procedures adopted by the Department.

(c) Ministerial Permit Approval. If an SB 9 planning application complies with the provisions of this Chapter, a ministerial, non-discretionary permit shall be issued. Notwithstanding anything contrary in this code, the issuance of a ministerial SB 9 Two-Unit Development permit and/or a SB 9 Urban Lot Split permit is not appealable.

(d) Submittal Requirements. In addition to the requirements of Section 27.08.010(c), each application shall be accompanied by all of the following:

(1) Application Forms. Completed SB 9 planning application forms as prescribed by the Department;

(2) Property Ownership. Verification of property ownership in the form of a preliminary title report that is no more than a year old, showing the current owners of the property, the names of record owners of the land, and all existing easements and other reservations, restrictions, or covenants; and

(3) Legal Description. An accurate legal description of the property and any resultant lots in the case of an urban lot split application; and

(4) Plans. Scaled and accurate plans to include required applicable information as outlined in the Planning Application and/or Urban Lot Split Submittal Requirements checklists; and

(5) Affidavit. A completed property owner tenant disclosure affidavit and acknowledgement that the application meets SB 9 eligibility requirements.

(6) Findings. Findings of Approval. An SB 9 application not submitted pursuant to Section 27.21.045 of this Chapter shall be approved ministerially if the Zoning Administrator or designee makes all the following findings:

(A) The parcel is within the Two-Unit Overlay District and meets all qualifying criteria as outlined in this Chapter;

(B) The development meets all applicable objective standards contained in and required by the General Plan, San Mateo Municipal Code or other City adopted plans, policies, or standards;

(C) The development does not adversely affect matters regarding police protection, crime prevention, and security because it adheres to the objective standards of Chapter 23.54;

(D) The proposed SB 9 unit(s) is consistent with all applicable SB 9 objective design standards of the Two-Unit Overlay District

(7) Findings of Denial. An SB 9 application shall be denied if the Building Official makes written findings, based upon a preponderance of evidence, that:

(A) The proposed housing development would have a specific adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, as amended, of the Government Code, upon public health and safety or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact(s).