Special Notice / Hearing: 10 Day Newspaper__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Steve Monowitz, Director of Planning and Building
Subject: Adoption of an ordinance reorganizing, renumbering, and recodifying the Planning, Subdivision, and Building regulations
County File Number: PLN2024-00189
RECOMMENDATION:
title
Public hearing for consideration of reorganization, renumbering, and recodifying the Planning, Subdivision, and Building regulations:
A) Open public hearing
B) Close public hearing
C) Recommendation to:
1. Adopt an ordinance repealing Division VI (Planning and Subdivision Regulations), Division VII (Building Regulations), and Division VIII (Natural Resources Protection) of the San Mateo County Ordinance Code and recodifying and renumbering those provisions as Title 8 -Zoning & Development Regulations, Title 9 - Subdivision Regulations, and Title 10 - Building Regulations of the San Mateo County Ordinance Code to codify the Planning and Building regulations in the County Ordinance Code, and amending Part III of the San Mateo County Local Coastal Program Implementation Plan, previously introduced at the Planning Commission meeting on August 28, 2024, and waive reading of the ordinance in its entirety; and
2. Adopt a resolution directing submittal of the recodified and renumbered Planning, Building, and Subdivision Regulations, Title 8 - Zoning & Development Regulations, Title 9 - Subdivision Regulations, and Title 10 - Building Regulations of the San Mateo County Ordinance Code, and the Amendment of Part III of the County’s Local Coastal Program, to the California Coastal Commission for review and certification.
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BACKGROUND:
Proposal:
Planning and Building staff have prepared an ordinance that, upon adoption, would repeal Division VI (Planning and Subdivision Regulations), Division VII (Building Regulations), and Division VIII (Natural Resources Protection) of the San Mateo County Ordinance Code and replace those provisions with Title 8 - Development Code, Title 9 - Subdivision Regulations, and Title 10 - Building Regulations. The purpose of the project is to reorganize the Planning and Building regulations and reincorporate them into the current County Ordinance Code, which is codified as Titles 1 through 7 and hosted and maintained by the Municode company. The proposal is solely a reorganization of the existing codes as approved by their respective ordinances; no substantive changes or amendments to the regulatory text are proposed. Nevertheless, because many of these regulations are components of the County’s Local Coastal Program (LCP) Implementation Program (IP), the proposed changes to the organization and numbering must be certified by the California Coastal Commission (CCC). It is anticipated that the CCC will be able to process and approve the proposed changes as a minor amendment to the LCP because there are no substantive changes to the content or application of the existing regulations.
Report Prepared By: Kanoa Kelley, Project Planner, Kkelley@smcgov.org <mailto:Kkelley@smcgov.org>, (628) 222-3163
Applicant: San Mateo County Planning and Building Department
Location: Countywide
Environmental Evaluation: The proposed ordinance is not a project under California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378. A project for CEQA purposes is defined as an action that has the potential to result in direct physical change in the environment or indirect physical change in the environment. Because the project is solely a reorganization of the existing Planning and Building regulations, it will not result in any substantive changes or amendments to the regulatory text, and it will not result in any direct or indirect physical change in the environment, it is not a project under CEQA.
DISCUSSION:
Planning Commission Hearing: The Planning Commission considered the proposed ordinance at its regularly scheduled public meeting on August 28, 2024 and voted (4-0, with one member absent) to recommend that the Board of Supervisors adopt the ordinance with the following additional modifications: the Commission recommended replacement of gender pronouns (“he/him/his/she/her”) with gender neutral terms, and replacement of title references from “Community Development Director” and “Planning Director” to “Director of Planning and Building.” The proposed ordinance reflects the Planning Commissions requested changes.
Prior to 1994 the San Mateo County Ordinance Code was divided into eight divisions, as follows:
I. General Provisions
II. Administration
III. Public Safety, Morals, and Welfare
IV. Sanitation and Health
V. Business Regulations
VI. Planning
VII. Building Regulations
VIII. Natural Resources Protection
In the late 1990s, Divisions I through V of the San Mateo County Ordinance Code were renumbered and transferred to the Municode website with all code updates to be managed by Municode, an online service that digitally publishes and tracks all municipal code updates for cities and counties throughout the United States. Divisions I through V were renamed at that time to Titles 1 through 5, with corresponding renumbering of their chapters. Titles 6 (Animals) and 7 (Vehicles and Traffic) were also added to the Ordinance Code. The remaining divisions (VI, VII, and VIII) kept their original code references and have been maintained as separate individual documents, updated manually from time to time with amendments. The proposed ordinance will add Divisions VI, VII, and VIII back into the codified County Ordinance Code maintained by Municode, which will create one comprehensive location for the County Ordinance Code.
This reorganization will also integrate code sections that were not repealed but have been excluded from previous updates to Division VI (Planning) and Division VII (Natural Resources Protection) including the following:
• Division VI (Planning), Part 4 (Miscellaneous), Chapter 2: Topsoil Regulations.
• Division VI (Planning), Part 4 (Miscellaneous), Chapter 3: Surface Mining and Reclamation.
• Division VI (Planning), Part 4 (Miscellaneous), Chapter 4: Quarries.
• Division VI (Planning), Part 4 (Miscellaneous), Chapter 5: Inspection Fees Related to Planning.
• Division VI (Planning), Part 4 (Miscellaneous), Chapter 6: Oil and Gas Wells.
• Division VI (Planning), Part 4 (Miscellaneous), Chapter 7: Historic Preservation.
• Division VIII (Natural Resources Protection), Part I (Regulations of Timber Harvesting).
The proposed update to the County Ordinance Code is necessary to ensure that all code sections are available to the public, and to create one cohesive system of County ordinances with consistency in numbering and code references. The renumbering and reorganization of Divisions VI through VIII will ensure that all future amendments to these ordinances are captured in a timely manner and easily referenced on the Municode website. Additionally, the consistent reference numbers and reorganization of the individual chapters will make it easier for the public to find the information they need in one central location.
A. PROPOSED CHANGES
The Planning and Building Department recommends that Planning (Division VI), Subdivision Regulations (Division VI, Part 2), and Building Regulations (Division VII) be reorganized and renumbered as follows:
1. Divisions To Be Repealed and Replaced:
a. Division VI (Planning)
Part 1 - Zoning
Part 2 - Subdivisions Regulations
Part 3 - Streets and Highways
Part 4 - Miscellaneous
Chapter 1-Stables and Confined Animal Regulations
Chapter 2-Topsoil Sites
Chapter 3-Surface Mining and Reclamation
Chapter 4-Quarries
Chapter 5-Inspection Fees Related to Planning
Chapter 6-Oil and Gas Well Regulations
Chapter 7-Historic Preservation
Part 5 - Consolidated Road Improvement Requirements for Public and Private Roads In The Skyline Area
Part 6 - Historic Preservation
b. Division VII (Building Regulations)
c. Division VIII (Natural Resource Protection)
Part 1 - Regulations of Timber Harvesting
Part 2 - Regulations of the Removal of Heritage Trees on Public and Private Property
Part 3 - Regulation of the Removal of Significant Trees on public and Private Property
2. Replacement Titles and Numbers:
a. Title 8 - Zoning & Development Regulations
Article 1- Zoning Districts, Overlay, and Combining Districts
Article 2 - Development Procedures
Article 3 - General Development Standards
Article 4 - Standards for Specific Land Uses
Article 5 - Non Conforming Uses, Structures, Parcels, Situations, & Exceptions
Article 6 - Accessory Dwelling Unit Regulations
Article 7 - Trees & Natural Resource Protection
Article 8 - Historic Preservation
Article 9 - Special Housing Requirements & Programs
Article 10 - Zoning Code Administration
b. Title 9 - Subdivision Regulations
Article 1 - General Provisions
Article 2 - Subdivision Requirements
Article 3 - Design & Improvement Requirements
Article 4 - Exactions
Article 5 - Exceptions
Article 6 - Vesting Tentative Maps
Article 7- Conversion to Condominiums
Article 8 - Reversion to Acreage
Article 9 - Parcel Mergers
Article 10 - Lot Line Adjustment
Article 11 - Enforcement and Remedies
c. Title 10 - Building Regulations
Article 1 - General Provisions
Article 2 - Construction Codes
Article 3 - Small Rooftop Solar Energy Systems
Article 4 - Electric Vehicle Charging Stations
Article 5 - Regulations for Excavating, Grading, Filling, and Clearing
All regulations will follow the same numbering format as show in Figure 2 below. The first number will represent the title, the second number represents the chapter, and third number represents the section.
As shown in Attachments A, B, and C, staff has renumbered all Planning & Development Regulations, Subdivision, and Building sections with the appropriate format. To ensure internal consistency, all internal references to code sections within these documents have also been changed to reflect the new code sections.
3. LCP Implementation Plan Amendment
The LCP Implementation Plan is required to summarize the actions necessary to implement the Coastal Act of 1976. Part III of the implementation plan lists the ordinances that the county will continue to use to regulate development in the Coastal Zone. Part III currently lists the following regulations:
a. Zoning Ordinance (Division VI, Part one)
b. Subdivision Regulations (Division VI, Part Two)
c. Regulation of Grading and Excavating Operations (Division VII, Chapter 8)
d. Topsoil Site Regulations (Division VI, Part Four, Chapter 2)
e. Quarry Regulations (Division VI, Part Four, Chapter 3)
f. Regulations of Timber Harvesting (Division VIII, Part One, Chapters 1-15)
g. Regulations of the Removal of Heritage Trees on Public and Private Property (Division VIII, Part Two, Chapters 1-4)
h. Regulations of the Removal of Significant Trees on Public and Private Property (Division VIII, Part Three, Chapters 1-6)
The LCP Implementation Plan will be updated to reflect the replacement titles and sections as detailed in the proposed ordinance.
Upon adoption of the proposed ordinance and certification by the CCC, the reorganized regulations will be uploaded to the Municode website alongside Title 1 through 7 of the County Ordinance Code.
B. ALTERNATIVES
The Board of Supervisors could choose not to adopt the proposed ordinance, which would have the effect of retaining the system of numbering and maintaining the County Ordinance Code in two distinct locations.
C. ENVIRONMENTAL REVIEW
The proposed ordinance is not a project under CEQA pursuant to CEQA Guidelines Section 15378. A project for CEQA purposes is defined as an action that has the potential to result in direct physical change in the environment or indirect physical change in the environment. Because the project is solely a reorganization of the existing Planning and Building regulations, it will not result in any substantive changes or amendments to the regulatory text, and it will not result in any direct or indirect physical change in the environment, it is not a project under CEQA.
D. REVIEWING AGENCIES
The County Attorney’s Office has reviewed the ordinance as to form.
ATTACHMENTS
A. Title 8: Zoning & Development Regulations
B. Title 9: Subdivision Regulations
C. Title 10: Building Regulations
D. Local Coastal Program Implementation Plan