Chapter 8.284 — LEGAL LOT REQUIREMENT, ZONING & BUILDING VIOLATIONS

No permit for development shall be issued for any lot which is not a legal lot. For purposes of this ordinance, development does not include non-structural uses of property including but not limited to roads, fences or water wells.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

Except as provided in Sections 8.284.030 and 8.284.040 below, no permit for development shall be issued for any lot that has an existing zoning or building violation.

• (a) When an application for a permit for development, other than a building permit, is submitted, the Director of Planning and Building shall make a preliminary determination as to whether any building or zoning violations are present on the lot for which the permit is sought. When an application for a building permit is submitted, the Chief Building Official shall make a preliminary determination as to whether any building or zoning violations exist on the lot for which the permit is sought.

• (b) If the Director of Planning and Building or Chief Building Official finds that there is evidence that a building or zoning violation exists on the lot, they shall issue a Notice of Preliminary Determination of Violation by first class mail to the record owner of the lot and the applicant specifying with particularity the violations on the lot. The notice shall provide a thirty (30) day period for the owner and/or applicant to submit, in writing, any information which may bear on the determination of the existence or non-existence of a violation on the lot.

• (c) The Director of Planning and Building or Chief Building Official, as appropriate, shall consider any information submitted by the owner and/or the applicant, and make a final staff determination as to whether any building or zoning violation exists on the lot for which the permit is sought. If the Director of Planning and Building or Chief Building Official determines that there is insufficient evidence to establish that such violation exists, the owner and applicant shall be so informed in writing. If the Director of Planning and Building or Chief Building Official determines that there is sufficient evidence that such a violation exists, a Notice of Staff Determination of Violation shall be issued by first class mail to the record owner of the lot and the applicant specifying with particularity the violations on the lot. The notice shall also state that the existence of a building or zoning violation on the lot may serve as the basis to deny any permit or permits for development on the lot.

• (d) In those instances where the Director of Planning and Building or Chief Building Official determines that the violation or violations are minor in nature, and do not represent a threat to the health or safety of persons or property, they may, in lieu of issuing a Notice of Staff Determination of Violation, elect to address the violation in any other manner authorized by other provisions of this Code.

• (e) A determination by the Director of Planning and Building or Chief Building Official that there is insufficient evidence to establish that a violation exists on the lot shall not be conclusive, and shall not preclude the County from exercising any authority it otherwise has to abate any subsequently discovered building or zoning violation on the lot.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (f) Notwithstanding other provisions of this section, in the event that the applicant for a permit demonstrates to the satisfaction of the Director of Planning and Building or Chief Building Official that (1) they are the owner of a property right in the lot for which the permit is sought, separate and apart from a fee interest in the lot, (2) the granting of the permit being sought will further such property right, (3) the violation or violations do not relate to such property interest, and (4) the applicant is not responsible, directly or indirectly, for the violation(s), the application may be considered and approved notwithstanding the presence of the violation(s).

• (a) In all instances where the Director of Planning and Building or the Chief Building Official has made a determination that a violation exists on a lot proposed for development, and has issued a Notice of Staff Determination of Violation, any hearing held to consider whether to grant or deny the permit for development shall include consideration of whether such violation exists, as set forth in this section. In those instances where a hearing on a permit to develop would not otherwise be required by any other provision of this Code, a hearing shall be held as follows:

  • (1) If the permit is normally issued by the Director of Planning and Building without a hearing, a hearing shall be held by the Zoning Hearing Officer. The Zoning Hearing Officer shall consider all issues relevant to a decision on the permit de novo. Notice and an opportunity for the applicant and owner to be heard shall be provided in the same manner as any other proceeding before the Zoning Hearing Officer.

  • (2) If the permit is normally issued by the Chief Building Official, a hearing shall be held before the Board of Building Permit Appeals. The hearing before the Board of Building Permit Appeals shall be limited to the question of whether the building permit should be issued or denied because of the presence of a building or zoning violation or violations on the lot. Notice and an opportunity for the applicant and owner to be heard shall be provided in the same manner as any other proceeding before the Board of Building Permit Appeals.

• (b) At any hearing held to determine whether a permit for development should be granted or denied, the decision maker shall consider whether or not a building or zoning violation is present on the lot. In addition to any other standards of review, findings, or other determinations applicable to the consideration of a permit for development, the presence of a zoning or building violation on a lot proposed for development may provide the basis for denying a permit for development on that lot. If the decision maker determines that a violation or violations exist, the decision maker shall deny the permit or permits, or alternatively may approve the permit or permits after granting a waiver under subsections (c), (d), (e) or (f) below.

• (c) Notwithstanding any other provisions of this Chapter, if the applicant or owner of the lot establishes, to the satisfaction of the decision maker, (1) that the violation was not caused by the applicant and/or current owner of the lot, and (2) that the violation occurred without the knowledge of the applicant and/or current owner of the lot, the decision maker may waive the requirement that the violation be abated as a precondition to approving the permit for development. If such a waiver is granted, the

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

applicant and/or owner shall be required to correct the outstanding building and/or zoning violation at the same time as the applicant undertakes the proposed development, and no final inspection or certificate of occupancy shall be issued until the violation is corrected.

• (d) Notwithstanding any other provisions of this Chapter, if the applicant or owner of the lot establishes, to the satisfaction of the decision maker, that the development for which a permit is sought is necessary to protect the health or safety of persons or property, the decision maker may waive the requirement that the violation be abated as a precondition to approving the permit for development. If such a waiver is granted, the applicant and/or owner shall be required to correct any outstanding building and/or zoning violations either at the same time as the applicant undertakes the approved development, or immediately thereafter.

• (e) Notwithstanding any other provisions of this Chapter, the decision maker may waive the requirement that a violation be corrected as a precondition to approving a permit for development if the decision maker determines that (1) the violation is minor in nature, and (2) the violation was not caused by, or with the knowledge of, the current owner or the applicant for development. Any waiver granted under this subsection shall not act as a waiver of any other remedy the County has under any other provision of law.

• (f) Notwithstanding any other provisions of this Chapter, the decision maker may waive the requirement that a violation be corrected as a precondition to approving a permit for development if the applicant or owner establishes, to the satisfaction of the decision maker, (1) that the violation was not caused by or with the knowledge of the applicant and/or current owner of the lot, or if caused by the applicant and/or current owner, was caused without knowledge that it constituted a violation; and (2) that the applicant and/or owner has taken substantial steps to abate the violation, and obtained any necessary permits to do so. If such a waiver is granted, the applicant and/or owner shall be required to continue to correct the outstanding building and/or zoning violation at the same time as the applicant undertakes the proposed development, and no final inspection or certificate of occupancy shall be issued until the violation is corrected.

• (g) A decision on a development permit which does not include a determination that a building or zoning violation exists on the lot shall not be conclusive on the issue of whether any violation actually exists on the lot. The County may exercise any authority it otherwise has to abate any subsequently discovered building or zoning violation on the lot.

• (a) For purposes of this Chapter, “permit for development” means any permit issued under the provisions of Title 8 (Zoning & Development Code) or Title 9 (Building Regulations).

• (b) For purposes of this Chapter, “lot” means any lot established as legal pursuant to the State Subdivision Map Act, the County’s Subdivision Regulations, or any prior law regulating the creation of lots for development, and shall include a lot for which development has been previously approved by the County.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (c) For purposes of this Chapter, “Director of Planning and Building” shall include any employee of the Planning and Building Division delegated the authority to review, investigate and make recommendations with respect to permits to develop.

• (d) For purposes of this Chapter, “decision maker” means the individual or body designated by the zoning or building regulations to hear a specified permit for development, and any body designated to hear an appeal of a decision on a permit for development.

(Prior Code Chapter 1.5 - Added by Ordinance No. 3776 - June 17, 1997)