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:

(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.