City of San Mateo Law Library
City of San Mateo Municipal Code.

27.19.045 Discretionary Review as Alternative to Ministerial Approval.

(a) As an alternative to ministerial review, an applicant may submit an application for discretionary review of an ADU proposal that is not in full compliance with the provisions of this Article.

(b) The application for discretionary approval shall be granted if the Zoning Administrator finds each of the following:

(1) The proposed ADU is consistent with all applicable objective design standards in the adopted R1 Single-Family Dwelling Design Guidelines;

(2) The proposed ADU would not result in a negative privacy impact on an abutting residential lot; and

(3) The proposed ADU would not result in a negative impact to public health, safety, or welfare.

(4) The proposed ADU, when detached and exceeding the height limit, should provide at least one additional off-street parking space.

(c) The decision of the Zoning Administrator shall not preclude the ability of an applicant to receive a ministerial permit pursuant to Section 27.19.040 for an ADU that is in full compliance with the provisions of this Article.

(d) The decision of the Zoning Administrator may be appealed to the Planning Commission, and the decision of the Planning Commission may be appealed to the City Council, in accordance with SMMC 27.08.090.