Motion for Judicial Notice in SAN FRANCISCO BAY AREA RENTERS FEDERATION, et al vs. CITY OF SAN MATEO, et al| Trellis.Law

On April 26, 2018 a Request,Application was filed involving a dispute between California Renters Legal Advocacy And Education Fund, Fierce, Victoria, Moon, John, San Francisco Bay Area Renters Federation, and City Of San Mateo, City Of San Mateo Planning Commission, San Mateo City Council, for (43) Unlimited Other Petition (Not Spec) in the District Court of San Mateo County.

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BARBARA E. KAUTZ
bkautz@goldfarblipman.com

DOLORES BASTIAN DALTON
ddalton@goldfarblipman.com

JUSTIN D. BIGELOW,
jbigelow@goldfarblipman.corn

GOLDFARB & LIPMAN LLP
1300 Clay Street, Eleventh Floor
State Bane;

State
231050

State

Bar# 306761
Bar# 94931
SL
B? W Electmnitally

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8/13/2019
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Oakland, California 946 1 2
Telephone: (510) 836-6336
Facsimile: (510) 836-1035
[Exempt from Filing Fee per GOV. Code, §6103]
Attorneys for Respondents
CITY OF SAN MATEO, SAN MATEO CITY
COUNCIL, and CITY OF SAN MATEO
PLANNING COMMISSION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF SAN MATEO, UNLIMITED JURISDICTION
11

12
SAN FRANCISCO BAY AREA RENTERS Case No.: 18-CIV-02105
13
FEDERATION, CALIFORNIA RENTERS
LEGAL ADVOCACY AND EDUCATION
14
FUND, VICTORIA FIERCE AND JOHN RESPONDENTS' REQUEST FOR
MOON, JUDICIAL NOTICE IN
15 . .
OPPOSITION T0 PETITION FOR
Petltloner’
WRIT 0F MANDATE;
16
VS.
DECLARATION 0F PATRICE
OLDS
17
CITY OF SAN MATEO, SAN MATEO CITY
18
COUNCIL, AND CITY OF SAN MATEO
PLANNING COMMISSION, Date: August 29, 2019
Goldforb & Time: 2p.m.
19
Respondents. Dept: 28
Lipmon LLP Judge: George A. Miram
20
TONY MEHMET GUNDOGDU and AYNUR
1300 Cloy Street
21
V.GUNDOGDU,
Action Filed: April 26, 2017
Eleventh Floor Real Parties in Interest.
22
Oakland
23
Respondent CITY OF SAN MATEO and SAN MATEO CITY COUNCIL (collectively,
California
24
the City) requests that this Court take judicial notice 0f the documents attached hereto as
94612
25
Exhibits A through H, pursuant t0 Evidence Code section 45 1, 452, 453 and 459, including
510 83676336
26
452(b), Which states that judicial notice may be taken 0f regulations and legislative enactments
510 836-1035 FAX

issued by or under the authority 0f any public entity in the United States, and 452(c), regarding

1
RESPONDENTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION BRIEF
660\07Q637727.1
Exhibit A: Excerpt= City of San Mateo, Housing Element of the General Plan, 5
2 Cycle Planning Period (2015-2023).

3 Exhibit B: Excerpt - City of San Mateo, Urban Design Element of the General Plan
4 (2015).

5 Exhibit C: Section 27.04.380 ("Planned Developments") of the Zoning Title of the

6 San Mateo Municipal Code.

7 Exhibit D: Article 1 (Off-Street Parking) of Chapter 27.64 (Off-Street Parking and

8 Loading) of Title 27 (Zoning) of the San Mateo Municipal Code.

9 Exhibit E: Resolution 93 (1986) Revising Standard Drawings and Specifications for

10 Off-Street Parking Spaces adopted on July 9, 1986.

11 Exhibit F: Section 27.08.090 ("Appeals") of the Zoning Title of the San Mateo

12 Municipal Code.

13 Exhibit G: Section 27.06.040 ("Planning Commission-Jurisdiction") of the Zoning

14 Title of the San Mateo Municipal Code.

15 Exhibit H: Section 27.08.060 ("Decisions Final") of the Zoning Title of the San

16 Mateo Municipal Code.

18 DATED: August 13, 2019 GOLDFARB & LIPMAN LLP

19
Goldfarb &

lipman LLP
20

21
By: De«. 10%1
DOLORES BASTIAN DALTON
I 300 Cloy Street
Attorneys for Respondents
22 CITY OF SAN MATEO, SAN MATEO CITY
Eleventh Floor
COUNCIL, AND CITY OF SAN MA TEO
23 PLANNING COMMISSION
Oakland

24
California

25
94612

510 836-6336
26

510 836-1035 FAX
27

2
RESPONDENTS' REQUEST FOR JUDJClAL NOTICE IN SUPPORT OF OPPOSITION BRIEF
660\07\2637727.1
DECLARATION OF PATRICE OLDS
I, Patrice Olds, declare:

l. I am the City Clerk for the City of San Mateo. Ihave served as San Mateo's City

Clerk since January 2, 2012. I know the following information to be true, and if called upon to

testify in person regarding this information I could and would do so competently.
\DOOQONUIAUJN

2. As City Clerk, my responsibilities include preparing, publishing and posting
public hearing notices, preparing City Council agenda and packets, attending City Council

meetings for the purpose of taking and preparing meeting minutes, processing and recording

resolutions and ordinances, distributing, collecting, processing and tracking Fair Political

10 Practices Commission ﬁlings, and coordinating municipal elections and record management for

11 the City. In addition, as City Clerk, I am one of the custodians of records for the City of San

12 Mateo.

13 3. I have reviewed the documents attached to this Request for Judicial Notice as

14 Exhibits A through H. All of these documents are true, correct, and complete copies of

15 documents, or excerpts thereof, from the ofﬁcial city records of the City of San Mateo.

16 4. Attached as Exhibits A and B to this Request for Judicial Notice are true and
17 correct copies of excerpts of the City of San Mateo Municipal Code and General Plan Provisions.

18 5. Attached as Exhibits C, D, and F through H to this Request for Judicial Notice are
Goldfcrb &
19 true, correct and complete copies of excerpts from the City of San Mateo Municipal Code.
Lipman LLP
20 6. Attached as Exhibit E to this Request for Judicial Notice is a true, correct and
IJOO Clay Street
21 complete copy of documents from the ofﬁcial records of the City of San Mateo relating to
Elevenlh Floor
22 Revisions of the Standard Drawings and Speciﬁcations for Off—Street Parking Spaces applicable
Oakland
23 in the City of San Mateo.
California
24 I declare under penalty ofperjury under the laws of the State of California that the
94612

é
w
25 foregoing is true and correct, and that I executed this declaration on August 2019 at San
5|O 83646330
26 Mateo, California.
SIO 8364035 FAX
27 é g

Patrice Olds
28

3
RESPONDENTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION BRIEF
660\07\2409402. l
EXHIBIT
EXHIBITAA 4
City of San Mateo

'
r
Housing
Housmg Element
-lement
of the General Plan
of Plan
5"
5th
Cycle
Cycle Planning
Planning Period
Period (2015-2023]
(20 5—2023)
I

Adopted by
by the
the City
City Council
Council on January
January 5,
5, 2015

April 6,
Amended on April 6, 2015
2015 per Resoluﬁon
Resolution No.
No. 36
36 (2015)
(2015)

5
City of San Mateo 20 14 Housing Element

K. HOUSING GOALS, POLICIES, AND PROGRAMS

GOAL I: Maintain the character and physical quality of residential neighborhoods.

GOAL 2 Provide a diversity of housing types. responsive to household size, income
and age needs.

GOAL 3: Ensure that all new housing is developed or remodeled in a sustainable
manner,

GOAL 4: Encourage conservation improvements and measures to existing housing
stock to make them more energy and water efficient

POLICIES:

1. Protecting And Conserving EX/Sting Housing
H I . I : Residential Protection.
Protect established single-family and multi-family residential areas by the following actions:
I. Prevent the intrusion of incompatible uses not indicated in the Land Use Element as
allowed in residential districts;
2. Avoid the overconcentration on individual blocks of non-residential uses defined by
the Land Use Element as being 'potentially compatible" in residential areas;
3. Assure that adequate buffers are provided between residential and non-residential
uses to provide design compatibility, protect privacy, and protect residences from
impacts such as noise and traffic; and
4 Review development proposals for conformance to the City's multi-family design
guidelines for sites located in areas that contain substantial numbers of single-family
homes to achieve projects more in keeping with the design character of single-
family dwellings.

Program H I . I : Residential Protection.
I. Consider policy during the Special Use Permit process with respect to the
intrusion of incompatible uses
Lead: Planning Division
[Ongoing)
2. Consider policy during the Special Use Permit process with respect to the
overconcentration of non-residential uses,
Lead: Planning Division
(Ongoing)
3. Consider policy during the Site Plan and Architectural Review process with
respect to assuring adequate buffers.
Lead: Planning Division

6
City of San Mateo 2014 Housing Element

(Ongoing)
4. Consider policy during the design review process with respect to the review of
development proposals for conformance with design guidelines.
Lead: Planning Division
(Ongoing)

Serious conflict can arise between residential and adjacent non-residential activities.
Commercial and industrial developments which abut residential uses should be
designed to minimize the potentially noisy and bothersome effects of parking lots,
loading docks, air conditioning and heating equipment and refuse containers by
locating them away from residences or by buffering them with adequate sound-
reducing walls and landscaping.

Some non-residential uses such as churches, day care centers and private schools
are defined by the Land Use Element as being potentially compatible with
residential uses. These types of facilities generally are located in and serve residential
neighborhoods. However, special use permits are required to consider the
operational characteristics of such uses and to tailor them, where feasible, to a
particular site. Overconcentration of non-residential uses should be avoided in
residential neighborhoods so that individual blocks do not lose their residential
character

Due to the need for additional housing and the lack of vacant land, new multi-
family development will replace older homes in certain areas of the city zoned for
multi-family use. To minimize the changes in neighborhood character created by
this redevelopment, new multi-family projects in areas having a predominance of
single-family residences should be of a scale and include design features which are
compatible with surrounding single-family homes, while maintaining housing
affordability as a major goal.
H 1.2: Single-Family Preservation.
Preserve existing single-family neighborhoods through the following actions
I. Maintain intact single-family neighborhoods as shown on the Land Use Map; and
2 Require on-site buffering in the design of new multi-family developments that abut
single-family districts to assure privacy and reduce noise impacts.

7
EXHIBIT B 8
V. Urban Design

II A. II INTRODUCTION
Urban design refers to the physical form and development of a city from the individual
neighborhood to the overall city scape. In the largest sense, urban design encompasses the
physical elements which make up the City and its natural setting, and which make up the City's
visual qualities. These elements are the City's relationship to neighboring cities and the
surrounding natural environment, the City's principal focal points, and the City's major
transportation corridors.

On a smaller scale urban design deals with the development patterns and characteristics of
specific areas. These include the design of multi-family and single-family neighborhoods, the
transition between neighborhoods, the design of commercial areas and the design and placement
of various public improvements.

The goals and policies of Urban Design are in two sections: City Image and Design. City
Image discusses focal points, corridors and gateways. Design discusses in detail the design of
multi-family, single-family, duplex, and commercial areas.

[B. [ CY IMAGE
SETTING

San Mateo is set between two dominant physical features: San Francisco Bay and the ridge of
hills along the western border. The City has developed between these two features following
early transportation corridors. Similar communities at the north and south boundaries also
influence the City's development.

Adopted by the City Council 011 October 18, 2010, Resolution No. 134-2010 V-I
Amended by the City Council on April 18, 2011, Resolution No. 42 (2011)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

9
Urban Design Element

Pavement intended for parking and vehicle circulation can easily overwhelm duplex parcels.
Excessive paving also increases urban water runoff. Portions of the paved area not necessary for
circulation could be landscaped to break up the appearance of the paved area. Tn some cases,
vehicle circulation areas can be designed for multiple uses through the use of specialty paving
accompanied by landscaping.

As with other design elements, the neighborhood context provides direction for the choice of
building materials for compatibility within a given neighborhood. The design of building
additions should respect adjacent neighbors' privacy through careful planning of window and
balcony locations, use of landscaping, and the use of architectural solutions. Door and window
styles also establish an architectural rhythm for a neighborhood.

MULTI-FAMILY HOUSING

In multi-family zoned areas, property is often redeveloped from lower density housing to multi-
family housing by combining two or more parcels to enable the construction of a larger
development. These larger projects can significantly alter the character of a neighborhood.
Recognizing that the character of the neighborhood is one of the most important parts of a
residential area, the City adopted Multi Family Design Guidelines in 1994. Severa! factors
contribute to the character of residential areas: the scale of the buildings, the materials used in
construction, the style of the buildings, the relationship of the buildings to the street and the
landscaping and open space.

SCALE OF BUILDINGS

The scale refers to the height, width and bulk of the buildings. Single-family homes and small
multi-family buildings which dominate many of these zones are typically one or two stories in
height and range in width from 25 to 60 feet. The height, width and spacing between the
buildings establishes a scale and rhythm of building for the neighborhood.

The zoning code encourages large scale development by permitting higher densities as parcel
size increases. As parcels are combined, larger buildings with more units are built. As a result,
the scale of the neighborhood is often destroyed.

fl-14 Adopted by the City Council on October 18, 2010, Resolution No. 134-2010
Amended by the City Council on April 18, 2011, Resolution No. 42 (2011)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

10
Urban Design Element

Single and multi-family buildings with conflicting scales

When a building maintains the rhythm and
proportion of the neighborhood by visually
breaking up the building face it complements
and strengthens the neighborhood. This can be
accomplished by stepping the building back,
providing cut-outs in the building facade,
providing bay windows or changing the roof
line. The scale could be further matched by
providing a reduced street-wall height along the
street frontage to match the neighborhood.

Multi-family housing with divided facades

ll-15 Adopted by the City Council on October 18, 2010, Resolution No. 134-2010
Amended by the City Council on April 18, 2011, Resolution No. 42 (201 I)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

11
Urban Design Element

BUILDING STYLE AND MATERIALS

The style of building architecture, quality of construction and type of exterior building materials
can have an effect on how a building fits in to a neighborhood. In neighborhoods where most
buildings utilize the same type of materials or style of architecture, new development should
respect the style of the buildings and use/similar materials. Doing this strengthens the character
of the area. In areas where there is a greater mix of styles or materials, this becomes less
important.

Single and multi-family buildings with similar materials and architectural style

I1-16 Adopted by the City Council on October 18, 2010, Resolution No. 134-2010
Amended by the City Council on April 18, 2011, Resolution No. 42 (2011)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

12
Urban Design Element

The San Mateo Senior Center completed in July, 1990, has been constructed with several design
features that make it complement the character of the surrounding single-family neighborhood.
The mass of the building has been broken up into several smaller forms that are similar in size to
the adjacent houses, the building has roof slopes and window treatments common to the area,
and siding, roof and trim materials are similar to those found in the neighborhood.

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San Mateo Senior Center

RELATIONSHIP OF BUILDING TO THE STREET

Single-family homes in San Mateo have living
levels on the first and second floors, with the
garage within the main building or free standing
at the rear of the property. Ground floor
building walls typically have windows and other
forms of facade details, making a residential
presence very obvious. When a multi-family
building provides parking on the ground floor
with living levels above, ground floor walls are
often blank. Living areas are separated from the
ground level, gardens and the street, creating a
more anonymous character. Building with only garages on the ground floor

A residential character at street level can be achieved by locating parking underground or at the
rear of the parcel, providing adequate architectural detailing of the ground level, or providing
individual dwelling entrances at the street level to give each unit contact with the ground level
and gardens.

ll-17 Adopted by the City Council on October 18, 2010, Resolution No. 134-20/0
Amended by the City Council on April 18, 2011, Resolution No. 42 (2011)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

13
Urban Design Element

Multi-family building with ground level living areas

LANDSCAPING AND OPEN SPACE

San Mateo's strong landscaped character is formed by mature street trees and ample building
setbacks. Varied building forms and glimpses of side and rear gardens also add to the quality of
landscaping. Multi-family projects with required open space often meet their open space
requirement with only minimal building setbacks and balconies. Both types offer little garden
space for private use or public view. Better open space could be provided by varying building
forms to create useable courtyard and garden space, by more closely defining the quality of
required open space or by not permitting required open space in the setback areas.

11-18 Adopted by the City Council 011 October 18, 2010, Resolution No. 134-2010
Amended by the City Council on April 18, 201 I, Resolution No. 42 (20/ I)
Amended hy the City Council 011 April 6, 2015, Resolution No. 36 (2015)

14
Urban Design Element

E. DESIGN - GOALS AND POLICIES

GOALS AND POLICIES

GOAL 3: Maintain and enhance the existing character and physical quality of residential
neighborhoods through the appropriate design of new housing and additions.

GOAL 4: Improve the visual character, livability and vitality of commercial areas.

POLICIES

UD2.1: Multi-Family Design. Ensure that new multi-family developments substantially
conform to the City's Multi-family and Small Lot Multi-family Design Guidelines
that address the preservation and enhancement of neighborhood character through
building scale, materials, architectural style, quality of construction, open space,
location of parking and lot size.

The building scale, materials, style, open space, location of parking and lot size are factors that
have been identified that affect the quality of residential areas.

UD2.2: Building Scale. Ensure that new multi-family developments respect the existing
scale of the neighboring buildings by providing a change in the building face at
spacings common to existing buildings and by stepping down building height
towards the street to more closely match the height of existing buildings.

Neighborhoods in San Mateo have a building scale that is formed by facade widths of about 30
to 50 feet and the spaces between the buildings. New construction can visually fit into a
neighborhood when it recognizes and adopts this scale. This can be accomplished by stepping a
building back a few feet every 30 to 50 feet, adding cut-outs in the building facade, providing
bay windows, changing the roof line and height, or adopting a window or detailing pattern
common to the area.

UD2.3: Style and Materials. Encourage the design of new multi-family developments in
areas with a dominant building style or dominant type of exterior building materials
to complement the style and incorporate the common materials of the area.

The type of building style and materials used can have an effect on how a building fits in with a
neighborhood. In neighborhoods where the type of materials or styles of architecture are very
homogeneous, new development should respect the style of the buildings and use similar
materials. Doing this strengthens the character of the area.

ll-22 Adopted by the City Council on October 18, 2010, Resolution No. 134-2010
Amended by the City Council on April 18, 2011, Resolution No. 42 (2011)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

15
Urban Design Element

UD2.4: Multi-Family Parking. Encourage new multi-family developments to place
parking underground or towards the rear of the parcel to avoid blank, ground floor
walls and to screen views of parking from the street.

When buildings have a blank wall or row of garages on the ground floor it creates an
anonymous, non-residential character. By encouraging parking to be undergrounded or at the
rear of the parcel, living space or dwelling unit entrances and windows can be located on the
ground floor. Adequate architectural detailing of the ground level can also improve the
relationship of the building to the street.

UD2.5: Multi-Family Open Space. Require that a portion of required open space be
useable for passive or active recreation.

Multi-family open space requirements are often met with minimal setbacks and small private
balconies. In some projects there is little useable open space. By redefining required open
space, multi-family developments will more often meet the open space needs of the residents and
add to the quality of the neighborhood.

UD2.6: Orient Buildings Toward the Street. Encourage commercial development to be
located at the street in retail areas to encourage pedestrian activity and the use of
on-street parking. Locate required parking towards the side and rear of parcels.

Buildings that are located towards the rear of a parcel with parking in front create a cluttered
appearance from free standing signage, parking areas and many exposed building faces. They
also discourage pedestrian activity by placing a parking lot between the street/sidewalk and the
building. Buildings located at the street provide visual interest for motorists and pedestrians,
encourage pedestrian activity by being located next to the sidewalk and on-street parking, and
provide a sense of street enclosure. Placing the parking towards the rear of the parcel also helps
to buffer adjoining residential uses.

UD2.7: Respect Existing Scale. Encourage new commercial development to respect the
scale of surrounding buildings by providing breaks in the building face at spacings
common to buildings in the area and by stepping back upper floors.

A street composed of buildings with greatly varying height and width proportions appears
confusing. Larger buildings appear more important and smaller buildings appear out of place.
Larger buildings may be successfully added if they adopt the scale of neighboring building forms
by providing breaks in the building facade, or by adopting a window or detailing pattern
common to the area.

UD2.8: Trademark Building Forms. Discourage 'signature' or trademark building forms
or colors where they would contribute to the visual clutter of the area.

Trademark building fonns and colors detract from other buildings by unnecessarily standing out.
These should not be permitted if they cause visual clutter.

ll-23 Adopted by the City Council on October 18, 2010, Resolution No. 134-2010
Amended by the City Council on April 18. 2011, Resolution No. 42 (2011)
Amended by the City Council on April 6, 2015, Resolution No. 36 (2015)

16
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EXHIBIT
EXHIBITCC 17
8/8/2019 27.04.380 PLANNED DEVELOPMENTS.

San Mateo City Charter and Municipal Code
Up Previous Next Main Search Print No Frames
Title 27 ZONING
Chapter 27.04 DEFINITIONS

27.04.380 PLANNED DEVELOPMENTS.

"Planned developments" means a use or combination of uses planned for a single tract of land to be developed as a unit according to the
provision of Chapter 27.62. (Ord. 1978-18 $ 50; prior code $ 142.0 I ( 132))

View the mobile version.

qcode.us/codes/sanmateo/
18 1/1
EXHIBIT D 19
8/7/2019 ARTICLE 1. OFF-STREET PARKING

San Mateo City Charter and Municipal Cod
Up Previous Next Main Collapse Search Print No Frames
Title 27 ZONING
Chapter 27.64 OFF-STREET PARKING AND LOADING

ARTICLE 1. OFF-STREET PARKING

27.64.010 PURPOSE.

The purpose of this chapter is to alleviate or prevent congestion of the public streets, and to promote the safety and welfare
of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in
accordance with the use to which property is put. In addition to the requirements of this chapter, all off-street parking shall
conform to the requirements of the City "Standard Drawings and Specifications" as adopted by resolution of the City Council
and on file with the public works department. (Ord. 1986-13 $ 1; prior code § 151.01)

27.64.015 DEFINITIONS.

The following definitions apply to this chapter.
(a) "Aisle" means the traveled path through a parking facility between one (I) or two (2) rows of parked vehicles.
(I) "Aisle width" means the width of backout and driving aisle between parking rows.
(2) "Double-loaded traffic aisle" means a driving aisle with accessible stalls on both sides.
(3) "Single-loaded traffic aisle" means a driving aisle with accessible stalls on only one (1) side.
(b) "Angle of stall" means the angle between the aisle direction and stall length direction.
(c) "Attendant parking" means any facility which relies on attendants or valets, rather than the driver of the car, to
park and unpark vehicles.
( d) "Bumper overhang" means the area beyond the wheel stop and parking lot curbs where it is safe and legally
permissible for bumpers to extend.
(e) "Carpool" means a group of two (2) or more people who share their automobile transportation to the work place
on a regular basis.
(f) "Depth of stall" means the depth of a row or bay of parking measured perpendicular to the aisle regardless of the
angle of parking.
(g) "Directional signs" means signs placed in a parking facility that direct motorists to entrances, exits, aisles, ramps,
bicycle storage, stairs, or elevators.
(h) "Employee parking" means parking areas specifically designated for use by employees of uses on the lot.
(i) Footcandle" means a unit of illuminance on a surface that is everywhere on that surface one (l) foot from a
unifonn point source of light of one ( 1) candle and equal to one ( 1) lumen per square foot.
(j) "Head-in" means a parking system where vehicles park hood first in the parking stall.
(k) "Layout dimension" means the distance from stall to stall on centers measured parallel to the aisle.
(I) "Length of stall" means the measurement of the individual stall measured perpendicular to the width.
(m) "Loading zone" means a specially marked area for short term use of delivery vehicles.
(n) "Parking bay" means the section of a parking facility containing an aisle and one (1) or two (2) rows of parking
stalls.
( o) "Ramp" means an inclined portion of a parking structure intended for travel purposes to access different levels or
areas of a parking structure and which may provide parking stalls on one (1) or both sides.
(p) "Reservoir space" means a space at least 20 feet long located in a parking facility for vehicles queuing to enter,
exit or await service.
(q) "Stall" means a portion of a parking facility designed to hold one (1) vehicle and marked by painted lines on
pavement.
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8/7/2019 ARTICLE 1. OFF-STREET PARKING

(1) "Back-in stall" means an off-street parking stall into which the vehicle is backed from the driving aisle.
(2) "Clear stall" means an off-street parking stall which has no structure or obstruction higher than a six (6)
inch curb on either side.
(3) "Compact stall" means an off-street parking stall that is eight (8) feet wide and 17 feet long that is
designed to accommodate a vehicle which is less than 15 feet in overall length and six ( 6) feet in width.
(4) "Confined stall" means an off-street parking stall which has any obstruction higher than a six (6) inch
curb on both sides, including walls, railings, stairwells, columns, or fences, but excepting columns located
more than seven (7) feet from aisles.
(5) "End stall" means the last off-street stall in a row or bay of parking that requires a motorist to egress in
the direction of ingress and requires additional backup space.
(6) "Restricted stall" means an off-street parking stall which has any structural element, including curbs over
six (6) inches, on either side.
(7) "Stall dimension" means the length, width, and height of a parking stall.
(8) "Standard stall" means an off-street parking stall that is eight (8) feet six (6) inches wide and 18 feet
long.
(r) "Visitor parking" means short term parking intended for use by customers or non-residents.
(s) "Wheel stops" means a bumper or block placed at the head of a parking stall to restrain the vehicle from moving
past the wheel stop.
(t)"Width of stall" means the clear width of an individual stall measured perpendicular to the angle of parking. (Ord.
1986-13 $ 1)

27.64.020 SCOPE.

This chapter shall apply as follows:
(1) For all buildings and structures erected and all uses of land established after June 19, 1986, accessory parking and
loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are
located. However, where a building permit has been issued prior to that date, and provided that construction is begun
within six (6) months of such date and diligently prosecuted to completion, parking and loading facilities as required
hereinafter need not be provided;
(2) When the intensity of use of any building, structure or premises is increased through addition of dwelling units,
gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities,
parking and loading facilities shall be provided for such increase in intensity of use;
(3) Whenever the existing use of a building, structure or premises is hereafter changed to a new use, parking or
loading facilities shall be provided as required for such new use. However, if this building or structure was erected or use
established prior to June 19, 1986, additional parking or loading facilities are mandatory only in the amount by which the
requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading
provisions of this title;
(4) Whenever a parking lot is voluntarily upgraded without a change in or intensification of use, the parking lot shall
reflect an improvement towards meeting the design provision of this chapter. Irrigation systems shall be required for any
new planting areas proposed;
(5) At the time of erection or enlargement of any bui I ding containing one (1) or more dwelling units, or the addition
of one (1) or more dwelling units to or within an existing building, there shall be provided and maintained garage and
parking spaces for each such new or added dwelling unit as required by this chapter. Each existing unit that does not
comply with this chapter shall be provided with at least one ( 1) garage space. That portion of existing parking that
exceeds the requirements of this chapter may be reassigned to the added units. (Ord. 1986-13 $ 1; Ord. 1981-27 $ 42;
Ord. 1979-7 $ 9; Ord. 1978-18 $ 92; Ord. 1974-12 $ l; prior code§ 151.02(A))

27.64.023 PARKING-PROHIBITED ON LAWNS, FLOWERS, SIDEWALK.

21
qcode.us/codes/sanmateo/view.php?topic=27-27_64-1&showAll= 1&frames=on 2/22
8/7/2019 ARTICLE 1. OFF-STREET PARKING

It is unlawful to park a motor vehicle, trailer, unmounted camper or boat: ( 1) upon any lawn or landscaped area, including
an area of flowers or shrubs; (2) upon an area of decorative rocks, stones, chips, bark, or the like, unless such area of
decorative rocks, stones, chips or bark was in place and used for parking of a motor vehicle, trailer, unmounted camper or boat
prior to July 19, 1993; or (3) upon the sidewalk, thereby impeding the pedestrian right-of-way. Nothing herein shall be
construed to prohibit parking on a driveway. For this section, a driveway shall mean the area from the property line to the
garage or carport. This provision shall apply to parcels being used for single-family or duplex residences. (Ord. 2012-4 $ 2;
Ord. 1993-11 $ 1)

27.64.025 DRIVEWAYS.

New driveway access to arterial streets (as defined in the Circulation Element of the General Plan) is prohibited unless no
other means of access is available. Existing curb cuts on arterial streets shall be eliminated in new developments whenever
feasible. Access to garage space or parking space shall be provided by a driveway or driveways according to the following
standards:
(I) All Uses.
(A) Driveways may not be less than IO feet wide when serving two (2) or fewer garage or parking spaces,
and not less than 12 feet wide when serving three (3) or more garage or parking spaces.
(B) Each required off-street parking stall shall open directly upon an aisle or driveway of such width and
design as to provide safe and efficient means of vehicular ingress and egress. All off-street parking facilities
shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least
interfere with traffic movements, and shall provide a safe and efficient means for pedestrians using the parking
facility to access the building entry.
(2) Residential Uses. Residential driveways shall not exceed 20 lineal feet in width. If additional driveway width is
desired in order to serve three (3) or more garage or parking stalls, the applicant shall submit appropriate plans for the
approval of the Zoning Administrator and City Engineer. For more than one (1) curb cut on a parcel on any street
frontage, at least 20 feet measured at top of curb shall be provided between each curb cut.
(3) Nonresidential Uses. Driveways serving nonresidential uses shall not exceed 26 lineal feet in width at the street
property line for each 50 feet of lot frontage upon a street, except that any lot having less than 50 feet street frontage may
have but one (I) 20-foot driveway. In addition to the restrictions above, lots of more than 50 feet in width at the street line
may have

Case Info

Judge

Miram, George A. Track Judge’s New Case

Case No.

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Document Filed Date

August 13, 2019

Case Filing Date

April 26, 2018

County

Parties

CALIFORNIA RENTERS LEGAL ADVOCACY AND EDUCATION FUND Petitioner
CITY OF SAN MATEO Respondent
CITY OF SAN MATEO PLANNING COMMISSION Respondent
FIERCE, VICTORIA Petitioner
GUNDOGDU, AYNUR V. Real Party In Interest
GUNDOGDU, TONY MEHMET Real Party In Interest
KAUTZ, BARBARA E. Attorneys for Defendants
MOON, JOHN Petitioner
PATTERSON, RYAN J. Attorneys for Plaintiffs
SAN FRANCISCO BAY AREA RENTERS FEDERATION Petitioner
SAN MATEO CITY COUNCIL Respondent
Sarah Hoffman Attorneys for Plaintiffs
Vanneeruk Tungpagasit Attorneys for Plaintiffs
David Finkelstein Attorneys for Plaintiffs
Dolores Dalton Attorneys for Defendants
Justin Bigelow Attorneys for Defendants
Emily Brough Attorneys for Plaintiffs
James Kraus Attorneys for Plaintiffs
George Miram Attorney

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Request,Application: SAN FRANCISCO BAY AREA RENTERS FEDERATION, et al vs. CITY OF SAN MATEO, et al

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