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CITYof BRISBANE
Thursday, May 18, 2023 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or attending in person. City Council members shall attend in person unless remote participation is permitted by law. The City Council may take action on any item listed in the agenda.
TO ADDRESS THE COUNCIL
IN PERSON
Location: 50 Park Place, Brisbane, CA 94005, Community Meeting Room Masking is not required but according to the California Department of Public Health guidelines, people at higher risk for severe illness should consider masking. To help maintain public health and safety, we respectively request that people not attend in-person if they are experiencing symptoms associated with COVID-19 or are otherwise ill and likely contagious (e.g., respiratory illnesses).
To address the City Council on any item – whether on the posted agenda or not – please fill out a Request to Speak Form located in the Community Meeting Room Lobby and submit it to the City Clerk. Speakers are not required to submit their name or address.
REMOTE PARTICIPATION
Members of the public may participate in the City Council meeting by logging into the Zoom Webinar listed below. City Council meetings may also be viewed live and/or on-demand via the City’s YouTube Channel, youtube.com/brisbaneca, or on Comcast Ch. 27. Archived videos may be replayed on the City’s website, brisbaneca.org/meetings. Please be advised that if there are technological difficulties, the meeting will nevertheless continue if remote participation is available.
The agenda materials may be viewed online at brisbaneca.org at least 72 hours prior to a Regular Meeting, and at least 24 hours prior to a Special Meeting.
Remote Public Comments:
Remote meeting participants may address the City Council. We also encourage you to submit public comments in writing in advance of a meeting. Aside from commenting personally while in the Zoom Webinar, the following email and text line will be also monitored during the meeting and public comments received will be noted for the record during Oral Communications 1 and 2 or during an agenda item.
Email: [email protected] or Text: (628) 219-2922
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Call In Number: 1 (669) 900-9128
Note: Callers dial *9 to “raise hand” and dial *6 to mute/unmute.
City Council Agenda
1 May 18, 2023 - 2 - 7:30 PM
SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508- 2113. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 4pm of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (brisbaneca.org/meetings). Any writings that are received after 4pm of the day of the meeting will be available on the internet at the start of the meeting (brisbaneca.org/meetings), at which time the materials will be distributed to the Council.
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
ADOPTION OF AGENDA
ORAL COMMUNICATIONS NO. 1
AWARDS AND PRESENTATIONS
B. Proclaiming May as Mental Health Month
C. Proclaiming May 21-27 as National Public Works Week
D. Proclaiming May 21-27 as National Emergency Medical Service Week
CONSENT CALENDAR
E. Approve Minutes of City Council Meeting of April 20, 2023 F. Approve Minutes of City Council Closed Session Meeting of May 4, 2023 G. Approve Minutes of City Council Meeting of May 4, 2023 H. Approve Receive Recology Brisbane’s 2023 Rate Increase of 4.64% I. Authorize Staff to Publish the Public Art Master Plan Request for Proposals (RFP) as Recommended by the Public Art Advisory Committee
2 May 18, 2023 - 3 - 7:30 PM
(The RFP denotes not to exceed amount of $75,000 for a Master Planning consultant and the Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts.) J. Introduce an Ordinance, Waiving First Reading, to Amend Section 10.24.050 of Chapter
10.24 of the Brisbane Municipal Code pertaining to “Stopping, Standing and Parking.” (The purpose of this item is to modify a section of the city’s municipal code that is inconsistent with state law.)
PUBLIC HEARING
K. Consider Adoption of a Resolution to Approve Amendment of the 2023-2031 Housing Element and Finding This Action Categorically Exempt from Environmental Review Under CEQA under CEQA Guidelines Sections 15061(b)(3)
(The purpose of this item is to adopt an amendment to the 2023-2031 Housing Element of the General Plan that complies with State law.)
OLD BUSINESS
L. Sierra Point Open Space & Parks Planning and Marina and Sierra Point Sea Level Rise Resiliency
i. Receive overview from One Shoreline, San Mateo County’s Flood & Sea Level Resiliency District
ii. Marina and Sierra Point Utilities Response to Sea Level Rise iii. Sierra Point Open Space & Parks Master Plan Next Steps M. Discuss Measure K Funding Requests to Supervisor Canepa and Provide Direction to the City Manager as to the Prioritization of Said Projects
STAFF REPORTS
N. City Manager’s Report on Upcoming Activities
MAYOR/COUNCIL MATTERS
O. Countywide Assignments and Subcommittee Reports
- Public Art Advisory Committee (5/1) Cunningham, Davis - Sierra Point Parkway Design Guidelines Subcommittee (5/3) Lentz, O’Connell ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
3 File Attachments for Item:
E. Approve Minutes of City Council Meeting of April 20, 2023 4 E.
BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING
THURSDAY, APRIL 20, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:31 P.M. and led the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Parks and Recreation Director Leek, City Engineer Breault, Police Chief Macias, Communications Manager Cheung, and Administrative Analyst Ibarra
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made any requests at this meeting.
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that direction was given to staff pertaining to the liability claim.
ADOPTION OF AGENDA
Councilmember Mackin made the request to adjourn the meeting in memory of Anita Collar and to recognize City Clerk Padilla and Deputy City Clerk Ibarra for Municipal Clerk’s Week on April 30th to May 6th, 2023. Councilmember Lentz made a motion, seconded by Councilmember Cunningham, to adopt the agenda as amended. The motion was carried unanimously by all present.
5 E.
City Council Minutes
April 20, 2023
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
ORAL COMMUNICATIONS NO. 1
No member of the public wished to make public comment.
CONSENT CALENDAR
B. Approve Minutes of City Council Meeting of March 2, 2023 C. Approve Minutes of City Council Closed Session Meeting of April 6, 2023 D. Approve the Tai Chi Chuan Workshop featuring Master Yang Jun as a Co-sponsored Event E. Adopt a Resolution Setting the Dates of Regular Meetings of the Brisbane/Guadalupe Valley Municipal Improvement District Financing Authority for Fiscal Year 2022/23 F. Adopt an Ordinance, Waiving Second Reading, Amending Various Sections of the Brisbane Municipal Code Concerning Building Efficiency Program
(It is being recommended to adopt an Ordinance Amending Various Sections of Chapter 15.77 of the Brisbane Municipal Code Concerning Building Efficiency Program, including the finding that the introduction and adoption of the Ordinance is not subject to further review under the California Environmental Quality Act (CEQA) because it is not a “project”. (CEQA Guidelines, Section 15378 (b)(2)) Councilmember O’Connell made a motion, seconded by Councilmember Lentz, to approve Consent Calendar Items B-F.
The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
CONTINUED PUBLIC HEARING
G. Consider Adoption of a Resolution for Water and Sewer Rate Increase (This public hearing was continued from the City Council Meeting of April 6, 2023. To view the April 6th City Council Meeting and the corresponding staff presentation, visit: https://www.youtube.com/watch?v=BZNXoQ5MyoY. Council will consider a Resolution increasing the charges for water and sewer services and setting the discount rate for the city’s low-income rate assistance plan at 25% for all services.) Finance Director Yuen noted that on April 3, 2023, a public hearing was held to discuss the proposed increases to the water and sewer rates. The school district within the City was on spring break and other religious holidays were being observed the week of the initial public hearing. The Council wanted to provide residents and property owners an additional opportunity to express their views and ask questions, and therefore continued the public hearing to April 20, 6 E.
City Council Minutes
April 20, 2023
2023. Catherine Tseng of Lechowicz & Tseng Municipal Consultants provided a brief overview of the water and sewer services and the low income rate assistance plan.
After some council questions, Mayor Davis reopened the public hearing. No public comments were received.
Councilmember Cunningham made a motion, seconded by Councilmember O’Connell, to close the public hearing. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
After some Council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Mackin, to adopt a Resolution increasing the charges for water and sewer services and setting the discount rate for the city’s low-income rate assistance plan at 25% for all services. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
NEW BUSINESS
H. Consider Introduction of an Ordinance Conforming Sewer Service and Water Service Charges to Charges Approved by City Council on April 20, 2023
Finance Director Yuen reported that on the prior agenda item, Council adopted a resolution establishing revised sewer service and water service charges for the next five years. Staff is recommending Council now introduce an ordinance conforming provisions in the Brisbane Municipal Code to the charges Council approved in the resolution including an annual 9% increase of 9% through fiscal year 2027/2028 in the fixed water charge, an annual increase of 7% through fiscal year 2027/2028 in the water usage rate, a 25% annual increase through 2027/2028 in sewer service charge, and setting the discount rate for the City's Low income Rate Assistance Plan at 25% for all services.
She added that under the Ordinance, Council may by resolution reduce or cancel the rate increase for any particular year without jeopardizing the approved rate increase for the following year. The Ordinance, if introduced this evening, will have a second reading on May 4 but the charges will not go into effect until June 15, 2023, consistent with the effective date of the new charges set forth in the resolution.
After no public comment, Councilmember O’Connell made a motion, seconded by Councilmember Cunningham, to introduce an Ordinance Conforming Sewer Service and Water Service Charges to Charges Approved by City Council on April 20, 2023. The motion was carried unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
7 E.
City Council Minutes
April 20, 2023
STAFF REPORTS
I. City Manager’s Report on Upcoming Activities
City Manager Holstine invited the Council and the public to upcoming City events.
MAYOR/COUNCIL MATTERS
J. Countywide Assignments and Subcommittee Reports
- Fiscal & Administrative Polices Subcommittee Monday 4/3 Cunningham, O’Connell - Affordable Housing Subcommittee Monday 4/10 Davis, Lentz Council reported on their latest subcommittee meetings and activities in their Countywide assignments. Council also wanted a staff update on housing Senate Bill 423.
K. Written Communications
Council received the following written correspondence between April 7th through April 20th, 2023:
Rory Wilberg (4/11) Noise Pollution
Mea Christie (4/12) Letter to City Council
Myovant Sciences (4/18/23) Warn Layoff Notice
ORAL COMMUNICATIONS NO. 2
No member of the public wished to make public comment.
ADJOURNMENT
Mayor Davis adjourned the meeting at 8:32 P.M. in memory of Anita Collar and to recognize City Clerk Padilla and Deputy City Clerk Ibarra for Municipal Clerk’s Week.
_____________________
Ingrid Padilla, City Clerk
8 E.
File Attachments for Item:
F. Approve Minutes of City Council Closed Session Meeting of May 4, 2023 9 F.
BRISBANE CITY COUNCIL
ACTION MINUTES
BRISBANE CITY COUNCIL CLOSED SESSION MEETING
THURSDAY, MAY 4, 2023
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA
6:45 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION
Government Code, Section 54956.9 (d) (1). Number of Cases: Two • City of Brisbane v. CA High-Speed Rail Authority (Superior Court of Sacramento County, Case No. 80004010)
• BRE SH Brisbane Owner, LLC v. City of Brisbane, San Mateo County Superior Court, Case No. 22-CIV-01112
Mayor Davis called the meeting to order at 6:49 P.M.Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to adopt the agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council and direction was given to staff pertaining to the two pending litigation items.
ADJOURNMENT
The meeting was adjourned at 7:25P.M.
_________________________
10 Ingrid Padilla, City Clerk
F.
File Attachments for Item:
G. Approve Minutes of City Council Meeting of May 4, 2023 11 G.
BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING
THURSDAY, MAY 4, 2023
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Davis called the meeting to order at 7:34 P.M. and led the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Councilmembers absent: None
Staff Present: City Manager Holstine, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, City Engineer Breault, Police Commander Garcia, Communications Manager Cheung, Senior Management Analyst Velilla, NCFA Assistant Fire Marshal Wittner, NCFA Safety Inspector Adams and Administrative Analyst Ibarra
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made any requests at this meeting.
REPORT OUT FROM CLOSED SESSION
City Attorney McMorrow reported that updates were provided to Council and direction was given to staff pertaining to the two pending litigation items.
ADOPTION OF AGENDA
Councilmember O’Connell requested to amend the agenda and adjourn the meeting in memory of resident and community leader Dan Sorrentino. Councilmember O’Connell made a motion, seconded by Councilmember Lentz, to adopt the agenda as amended. The motion passed unanimously by all present. 12 G.
City Council Minutes
May 4, 2023
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
AWARDS AND PRESENTATION
B. Proclaiming May as Asian American Pacific Islander Heritage Month Mayor Davis recognized May 2023 as Asian American and Pacific Islander Heritage Month in the City of Brisbane. She called upon all community members to learn more about the history of Asian Americans, Native Hawaiians, and Pacific Islanders, and to observe this month supporting local programs and activities.
Committee Member Diane Oseto from the Inclusion, Diversity, Equity and Accountability Committee accepted the Proclamation and invited the City to attend the Asian American Pacific Islander Heritage Month Celebration on May 20th, 2023 in the Community Park
C. Proclaiming May as Wildfire Preparedness Month
Mayor Davis proclaimed May 2023 as Wildfire Preparedness Month and encouraged all Brisbane residents to increase their knowledge and awareness of proper safety measures to protect themselves from the devastating effects of wildfires.
Safety Inspector Adams accepted the proclamation on behalf of North County Fire Authority.
ORAL COMMUNICATIONS NO. 1
Brisbane Library Manager Cary Mossing introduced herself to the Mayor and City Council.
CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of April 6, 2023 E. Approve Minutes of City Council Closed Session Meeting of April 20, 2023 F. Adopt an Ordinance, Waiving Second Reading, Conforming Sewer Service and Water Service Charges to Charges Approved by City Council on April 20, 2023
I. Approve the Guadalupe Valley Municipal Improvement District Board of Director’s appointment to the Bay Area Water Supply & Conservation Agency (BAWSCA) and Bay Area Regional Water System Financing Authority (RFA) Boards
J. Approve a resolution adopting the slurry seal of various city streets for fiscal year 2023-2024 funded by Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017.
K. Approve Construction Contract for Crocker Trail Resurfacing (Project No. 921S) 13 G.
City Council Minutes
May 4, 2023
(Award the construction contract for the Crocker Trail Resurfacing to E.E. Gilbert Construction in the amount of $795, 510.15 and authorize the mayor to sign the Agreement on behalf of the City.) Consent Calendar Items G and H are pulled for further discussion.
Councilmember O’Connell made a motion, seconded by Councilmember Mackin, to approve Consent Calendar Items D-F and I-K. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
G. Adopt Resolution Establishing the 2023 Business License Tax for Liquid Storage Facilities as to Kinder Morgan/SFPP
After some clarifying questions, Councilmember O’Connell made a motion, seconded by Councilmember Lentz, to approve Consent Calendar Items G. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, O’Connell and Mayor Davis Noes: None
Absent: None
Abstain: None
H. Approve Solid Waste Collection Rate Adjustment – South San Francisco Scavenger Company (It is being recommended to receive So. San Francisco Scavenger’s 2023 rate increase of 3.90%.) Mayor Davis recused herself from this discussion and left the room. After some clarifying questions, Councilmember Lentz made a motion, seconded by Councilmember Mackin, to approve Consent Calendar Item H. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, and O’Connell Noes: None
Absent: None
Abstain: None
Recused: Mayor Davis
NEW BUSINESS
L. Receive Mid-Year FY23 Budget Report and Consider Adoption of Resolution to Amend the FY 2022/23 Budget
Finance Director Yuen reported that the City is expected to experience an overall net savings of $670,395 compared to the FY23 budget. Any savings will be rolled over to be considered for the FY24 budget and be used to pay for the level of services requested by the Council. 14 G.
City Council Minutes
May 4, 2023
On June 16, 2022, City Council adopted the FY 2022/23 budget. The budget projected General Fund Revenues at $21,816,001, including Transfers In. General Fund Expenditures were projected at $25,013,662 including Transfers Out. The beginning fund balance was estimated at $7,844,312 and ending fund balance of $4,646,651. Our actual General Fund non-committed Balance as of July 1, 2022, was $6,762,378, representing $1,081,935 less than anticipated.
Finance Director Yuen then provided an update on the Mid-Year FY 23 anticipated revenues and expenses. After council questions and discussion, and no public comment, Councilmember O’Connell made a motion, seconded by Councilmember Lentz, to adopt resolution to amend the FY 2022-23 Budget. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Lentz, Mackin, and O’Connell Noes: None
Absent: None
Abstain: None
Recused: Mayor Davis
M. Review of Marina Enterprise Fund, Sierra Point Lighting and Landscaping District & Park Planning and Development Funds
Finance Director Yuen provided an overview of how the Marina Enterprise Fund, Sierra Point Lighting & Landscaping District and Park Planning and Development Funds are funded and what expenses are covered.
After Council questions and no public comment Council thanked staff for the presentation.
N. Receive Report on Measure K Funds from San Mateo County and Provide Directions to Staff on Next Steps
City Manager Holstine reported that he met with our County Supervisor, David Canepa regarding funding for a Brisbane project. Each Supervisor is allotted up to $1m a year to support projects in their District. He indicated that a project of approximately 150k to 200k with City match would be of interest to him.
After some council questions and no public comment, Council directed staff to return to a future Council Meeting provide a short list of capital improvement projects that would meet the Supervisor’s criteria.
O. Consider City appointment to the Bay Area Water Supply & Conservation Agency (BAWSCA) and Bay Area Regional Water System Financing Authority (RFA) Boards City Engineer Breault asked for direction regarding the City appointment to the Bay Area Water Supply & Conservation Agency (BAWSCA) and Bay Area Regional Water System Financing Authority (RFA) Boards. The current representative is Sepi Wood. She will resign by May 19th, 2023.
After some council questions and no public comment, Council directed staff to return to a future City Council Meeting and come back with a list of prospective appointments. 15 G.
City Council Minutes
May 4, 2023
STAFF REPORTS
P. City Manager’s Report on Upcoming Activities
No report was given. City Manager Holstine introduced newly hired Senior Management Analyst Rose Velilla
MAYOR/COUNCIL MATTERS
Q. Briefing on Senate Bill 423 (2023)
City Attorney briefed the Council on Senate Bill 423. No position was taken by Council.
R. Countywide Assignments and Subcommittee Reports
- Public Art Advisory Committee(4/17) Cunningham, Davis Councilmembers reported on their subcommittee meetings and county wide assignments.
S. Written Communications
Between April 21st through May 4, 2023, Council received the following written communications:
• Sangamo (4/26/23) California WARN Act Notice of Mass Layoff • Leonard Cisneros (5/1/23) Fentanyl/homelessness in San Jose ORAL COMMUNICATIONS NO. 2
No member of the public wished to make public comment.
ADJOURNMENT
Mayor Davis adjourned the meeting at 9:38 P.M. in memory of Dan Sorrentino. _____________________
Ingrid Padilla, City Clerk
16 G.
File Attachments for Item:
H. Approve Receive Recology Brisbane’s 2023 Rate Increase of 4.64% 17 H.
CITY COUNCIL AGENDA REPORT
Meeting Date: May 18, 2023
From: Director of Public Works/City Engineer
Subject: Solid Waste Collection Rate Adjustment
Community Goal/Result: Ecological Sustainability
Purpose: To review rate adjustments submitted by one of the city’s solid waste franchisees.
Recommendation: Receive Recology Brisbane’s 2023 rate increase of 4.64%.
Background
The city has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services, one with South San Francisco Scavenger Company in Solid Waste Collection Zones 1(A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.
Discussion
Recology Brisbane did submit a request for rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement, “. . . not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.” The rate increase for this year is 4.64%. Last year’s rate increase was 6.66%.
With the company completing their calculation per the agreement, there is no discretionary action for the Council to take.
Fiscal Impact
The effective date of the new rates is July 1, 2023.
Measure of Success
Compliance with the previously agreed upon terms and conditions for rate adjustments.
Attachments
1. Recology Brisbane’s letter of 3/14/23 and redacted rate adjustment language
2. Solid Waste Collection Zone Maps
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 1 of 18
18 H.
1 March 14, 2023
BY EMAIL
Clay Holstine
City Manager
City of Brisbane
50 Park Lane
Brisbane, CA 94005
RE: Notice of Intention to Increase Rates & Related Matters Dear Mr. Holstine:
The purpose of this letter is to notify the City of Brisbane of Recology’s intention to increase rates effective July 1, 2023 pursuant to the refuse rate index methodology set forth in the Franchise Agreement between the City and Recology.
RRI Rate Adjustment
Section 6.2 of the Franchise Agreement provides that maximum rates shall be adjusted each July 1 using a refuse rate index consisting of the weighted average of certain index items as specified below. The annual percentage change in each index item and the calculation of the RRI Adjustment Percentage are also set forth below. Accordingly, maximum rates shall be increased by 4.64% effective July 1, 2023 under Section 6.2.
Cost Category Weighting Source/Index Annual % Change in Source/Index
Weighted %
Change
Fixed Labor 0.60 As per CBAs 4.00% 2.40%
Variable/Processing Costs 0.25 CPI(U) 4.88% 1.22%
CNG Fuel 0.05 Fuel Index 20.34% 1.02%
RRI Adjustment Percentage: 4.64%
Franchise Fee Payment
Under Section 4.1 of the Franchise Agreement Recology must make an annual franchise fee payment to the City on or before April 30 of each year. The franchise fee is 14% of Recology’s gross revenues during the proceeding calendar year from the collection and disposal of solid waste within Zone 3. For calendar year 2022, these revenues amounted to $89,452.29. The franchise fee is therefore $12,523.32. We will remit payment before April 30.
Diversion Rate
Section 8.4 of the Franchise Agreement requires Recology to provide the City with an annual written report setting forth Recology’s best estimate of the diversion rate for its Zone 3 customers. 2 of 18
19 H.
2 We estimate based on volume and type of service, that the diversion rate for our Zone 3 customers was approximately 46% for the calendar year 2022.
Thank you for your consideration. We would be happy to meet with City staff to discuss these matters at your earliest convenience.
Sincerely,
Anthony Crescenti
General Manager
Recology Sunset Scavenger
(415) 330-2911
cc: Randy Breault, Public Works Director, City Engineer Terry Duong, Recology SF Region Controller
3 of 18
20 H.
Commercial rates include the following components:
• Volumetric charges shown are for trash service.
• Recycling services are charged at 25% of the volumetric rate for trash. * • Composting services are charged at 75% of the volumetric rate for trash. * • There are separate charges for premium services, such as key, distance and elevation. * Except for roll-off compactors, which are charged at 25% (recycling) or 75% (composting) of the calculated rate.
RATE BOOK
PROPOSED COMMERCIAL RATES EFF 7/1/23
Recology Brisbane 1 of 7
4 of 18
21 H.
SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2023
CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
1. Commercial Key Charges
1 Per Week = $ 18.84 4.64% $ 19.71
These rates apply to Carts located outside. 2 Per Week = $ 33.17 4.64% $ 34.71 Carts located inside: 3 Per Week = $ 47.18 4.64% $ 49.37 - Less than 100 feet from the curb will be charged 10% more. 4 Per Week = $ 60.69 4.64% $ 63.51 - More than 100 feet from the curb will be charged 25% more. 5 Per Week = $ 74.27 4.64% $ 77.72 Carts located 4 feet or more above or below ground level 6 Per Week = $ 94.64 4.64% $ 99.03 will be charged 25% more. 7 Per Week = $ 116.54 4.64% $ 121.95 Saturday = $ 20.38 4.64% $ 21.33
Sunday =
$ 21.90
4.64% $ 22.92
2.Proposed Commercial Rates
Rate is per month, one pick up per week.
FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.
For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below 32 Gallon Carts 1 Per Week = 68.97$ 4.64% $ 72.17
Saturday = 79.56$ 4.64% $ 83.25
Sunday = 90.23$ 4.64% $ 94.42
64 Gallon Carts 1 Per Week = $ 141.30 4.64% $ 147.86
Saturday = $ 155.85 4.64% $ 163.08
Sunday = $ 183.76 4.64% $ 192.29
96 Gallon Carts 1 Per Week = $ 188.61 4.64% $ 197.36
Saturday = $ 207.46 4.64% $ 217.09
Sunday = $ 245.05 4.64% $ 256.42
Rates listed below are for carts up to 45 pounds.
Any weight exceeding 45 pounds will be charged an
additional $0.1143 per pound.
5 of 18
22 H.
SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2023
CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
3. Extra Pick-ups
64 Gallon Carts Regular $ 44.05 4.64% $ 46.09
Saturday = $ 59.46 4.64% $ 62.22
Sunday = $ 79.32 4.64% $ 83.00
96 Gallon Carts Regular $ 58.80 4.64% $ 61.53
Saturday = $ 79.40 4.64% $ 83.08
Sunday = $ 105.83 4.64% $ 110.74
4.Container Rates
Rate is per month, one pick up per week.
FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.
For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below 1 YD 1 Per Week = 414.34$ 4.64% $ 433.57
Saturday = 559.38$ 4.64% $ 585.34
Sunday = 745.30$ 4.64% $ 779.88
1.5 YDS 1 Per Week = 637.29$ 4.64% $ 666.86
Saturday = 860.29$ 4.64% $ 900.21
Sunday = 1,147.23$ 4.64% $ 1,200.46
2 YDS 1 Per Week = 737.75$ 4.64% $ 771.98
Saturday = 996.25$ 4.64% $ 1,042.48
Sunday = 1,327.77$ 4.64% $ 1,389.38
2.5 YDS 1 Per Week = 922.65$ 4.64% $ 965.46
Saturday = 1,242.32$ 4.64% $ 1,299.96
Sunday = 1,660.95$ 4.64% $ 1,738.02
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23 H.
SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2023
CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
3 YDS 1 Per Week = $1,029.01 4.64% $ 1,076.76
Saturday = $1,388.51 4.64% $ 1,452.94
Sunday = $1,851.75 4.64% $ 1,937.67
4 YDS 1 Per Week = $1,286.41 4.64% $ 1,346.10
Saturday = $1,736.74 4.64% $ 1,817.32
Sunday = $2,315.43 4.64% $ 2,422.87
6 YDS 1 Per Week = $1,826.98 4.64% $ 1,911.75
Saturday = $2,219.75 4.64% $ 2,322.75
Sunday = $3,288.05 4.64% $ 3,440.62
7 YDS 1 Per Week = $2,131.10 4.64% $ 2,229.98
Saturday = $2,877.50 4.64% $ 3,011.02
Sunday = $3,360.56 4.64% $ 3,516.49
5. Extra Pick-ups for Containers
(per Yard) Regular $ 105.25 4.64% $ 110.13
Saturday = $ 142.13 4.64% $ 148.72
Sunday = $ 189.36 4.64% $ 198.15
6. Front Load Compactor Rates
Rate is per month, one pick up per week.
Compacted weight: 450 lbs. per yard, plus $11.43 per each 100 lbs. over 450lbs.
FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.
For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below
0.5 YD 1 Per Week = 293.21$ 4.64% $ 306.81
Saturday = 322.35$ 4.64% $ 337.31
Sunday = 354.78$ 4.64% $ 371.24
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24 H.
SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2023
CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased %
Proposed
Maximum
Rates
.75 YD 1 Per Week = 439.81$ 4.64% $ 460.22
Saturday = 483.52$ 4.64% $ 505.96
Sunday = 532.17$ 4.64% $ 556.86
1 YD 1 Per Week = 586.41$ 4.64% $ 613.62
Saturday = 644.69$ 4.64% $ 674.60
Sunday = 709.56$ 4.64% $ 742.48
1.5 YDS 1 Per Week = 879.62$ 4.64% $ 920.43
Saturday = 967.04$ 4.64% $ 1,011.91
Sunday = 1,064.34$ 4.64% $ 1,113.73
2 YDS 1 Per Week = 1,172.82$ 4.64% $ 1,227.24
Saturday = 1,289.39$ 4.64% $ 1,349.22
Sunday = 1,419.11$ 4.64% $ 1,484.96
2.5 YDS 1 Per Week = 1,466.03$ 4.64% $ 1,534.05
Saturday = 1,611.73$ 4.64% $ 1,686.51
Sunday = 1,773.89$ 4.64% $ 1,856.20
3 YDS 1 Per Week = 1,759.24$ 4.64% $ 1,840.87
Saturday = 1,934.08$ 4.64% $ 2,023.82
Sunday = 2,128.67$ 4.64% $ 2,227.44
4 YDS 1 Per Week = 2,345.65$ 4.64% $ 2,454.49
Saturday = 2,578.77$ 4.64% $ 2,698.42
Sunday = 2,838.23$ 4.64% $ 2,969.92
4.5 YDS 1 Per Week = 2,638.85$ 4.64% $ 2,761.29
Saturday = 2,901.12$ 4.64% $ 3,035.73
Sunday = 3,193.01$ 4.64% $ 3,341.17
5 YDS 1 Per Week = 2,932.06$ 4.64% $ 3,068.11
Saturday = 3,223.47$ 4.64% $ 3,373.04
Sunday = 3,547.79$ 4.64% $ 3,712.41
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25 H.
SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2023
CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
6 YDS 1 Per Week = $3,518.47 4.64% $ 3,681.73
Saturday = $3,868.16 4.64% $ 4,047.64
Sunday = $4,257.34 4.64% $ 4,454.88
7. Extra Pick-ups for Front load Compactor
(per Yard) Compacted $ 135.43 4.64% $ 141.71
Saturday = $ 148.89 4.64% $ 155.80
Sunday = $ 163.87 4.64% $ 171.47
ROLL-OFF COMPACTOR RATES
Transportation Charge
$701.76 per pull
Disposal Charge
$228.57 per ton
$228.57 per ton Overweight Charge
Container Rotation Charge
$393.16 per pull
Rate Calculation Formula:
Transportation Chg. + Disposal Chg. + 10% + Rotation Chg.* = Per Pull Compactor Rate * If applicable
7. Debris Box Rates
Overweight charged at $228.57 per/ton in excess of allowed weight. 6 & 9yd dirt/concrete boxes must be clean fill only-no bricks, wood, metal or trash.
NO serpentine rock, metal, organic debris, or trash. Such loads must be dumped as general debris.
Rate is per month, one pick up per week.
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26 H.
SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2023
CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
6 YDS Monday-Friday 803.17 4.64% $ 840.44
Saturday 922.84 4.64% $ 965.66
Max. Weight Clean fill only Clean fill only
9 YDS Monday-Friday 856.51 4.64% $ 896.25
Saturday 984.84 4.64% $ 1,030.54
Max. Weight Clean fill only Clean fill only
15 YDS Monday-Friday 803.17 4.64% $ 840.44
Saturday 922.84 4.64% $ 965.66
Max. Weight 4,000 lbs. 4,000 lbs.
20 YDS Monday-Friday 915.65 4.64% $ 958.14
Saturday 1052.62 4.64% $ 1,101.46
Max. Weight 6,000 lbs. 6,000 lbs.
30 YDS Monday-Friday 1127.61 4.64% $ 1,179.93
Saturday 1296.31 4.64% $ 1,356.46
Max. Weight 7,000 lbs. 7,000 lbs.
40 YDS Monday-Friday 1240.08 4.64% $ 1,297.62
Saturday 1427.53 4.64% $ 1,493.77
Max. Weight 8,000 lbs. 8,000 lbs.
14yd covered Monday-Friday 863.72 4.64% $ 903.80
Saturday 994.94 4.64% $ 1,041.11
Max. Weight 4,000 lbs. 4,000 lbs.
20yd covered Monday-Friday 992.07 4.64% $ 1,038.10
Saturday 1139.16 4.64% $ 1,192.02
Max. Weight 6,000 lbs. 6,000 lbs.
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27 H.
services within twenty-four (24) hours of notification by City or as soon thereafter as is reasonably practical in light of the circumstances. Emergency services as described herein shall be compensated by City in accordance with Exhibit B. If Recology cannot provide the requested emergency services, City shall have the right to temporarily take possession of Recology's equipment for the purposes of providing emergency services.
The City of Brisbane shall have the option of purchasing CNG for City-owned vehicles that use CNG at the Sunset Scavenger facility located at 501 Tunnel Avenue, at the same cost per gallon that Sunset Scavenger incurs for such CNG (inclusive of fuel, transport, equipment and other associated costs). The City may exercise such option only during the fueling facility's normal operating hours, without interference with Sunset Scavenger's operations, and subject to reasonable limitations based on Sunset Scavenger's operational requirements.
5.19 Permits and Licenses. Recology shall obtain and maintain throughout the term of the franchise all permits, licenses and approvals necessary or required for Recology to perform the work and services described herein. City shall cooperate with Recology in connection with such permits, licenses and approvals, and shall renew all such permits, licenses and approvals issued by City, provided that Recology is not in material breach of this Agreement and provided Recology shall have fulfilled all then existing requirements for the renewal of such permits, licenses and approvals.
6. Rates. Recology shall bill customers for its services under this Agreement at the rates set forth in Exhibit B to this Agreement, as adjusted under Section 4.1 above, Sections 6.2 and 6.3 below and other relevant provisions of this Agreement. All customers shall be billed monthly in arrears. Recology shall be entitled to charge commercially reasonable late charges and/or interest on overdue accounts, and may stop service if an account remains overdue for more than ninety (90) days. Recology shall report to the City the name and address of any customer if it stops service because the customer's account remains overdue for more than ninety (90) days.
6.1 Establishment of Rates. The maximum service rates specified in Exhibit B to this Agreement have been agreed upon by City and Recology and shall take effect on the effective date of the franchise as set forth in Section 3 above. Such maximum service rates shall be subject to review and revision as set forth in Section 4.1 above, Sections 6.2 and 6.3 below and other relevant provisions of this Agreement. Recology shall not charge any amount in excess of the approved rates for services required by or permitted under this Agreement. 15 Franchise Agreement Between the City of Brisbane and Recolos,ry Brisbane 11 of 18
28 H.
6.2 Modification Based on Refuse Rate Index.
(a) The maximum rates specified under this Agreement shall be adjusted July 1st every year (beginning in 2016) by a percentage amount equal to the RRI Adjustment Percentage, which shall be calculated as follows:
Step 1: For each Source/Index listed in Table 1 below, calculate the annual percentage change in the Source/Index over the most recent 12- month period for which data are available at the time Recology submits the Notice of Intention described in Section 6.2(c) below.
Step 2: For each Cost Category listed in Table 1 below, multiply the Weighting for such Cost Category set forth in Table 1 below by the percentage change in the Source/Index for such Cost Category calculated in Step 1 above.
Step 3: Add the percentages calculated in Step 2 above. The result is the RRI Adjustment Percentage.
For example, if the annual percentage change is 3.0% for CPI(U).
9.0% for the Fuel Index, and 4.0% under the CBAs, then the RRI Adjustment Percentage equals 3.60% H (.60 x 4.0%) + (.25 x 3.0%) + (.05 x 9.0%) ).
Table 1. Refuse Rate Index
Cost Category Weighting Source/Index
Fixed Labor 0.60 As per CBAs
Variable/Processing Costs 0.25 CPI(U)
Biodiesel Fuel 0.05 Fuel Index
Total: 0.90
(b) For purposes of this Section 6.2:
(i) "CBAs" means the collective bargaining agreement(s) in effect from time to time applicable to the employees performing collection services under this Agreement. In connection with any adjustment under this Section 6.2, the annual percentage change calculations shall be based on the changes in wage rates required by the CBAs, and Recology shall make available to the City Manager the portions of the CBAs necessary to confirm such changes.
(ii) "CPI(U)" means the Consumer Price Index, All Urban Consumers, San Francisco-Oakland-San Jose, Not Seasonally Adjusted, Series ID:
16 Franchise Agreement Between the City of Brisbane and Recology Brisbane 12 of 18
29 H.
CUURA422SAO, published by the U.S. Department of Labor, Bureau of Labor Statistics.
(iii) "Fuel Index" means the Total G-NGV1 Charge set forth in Schedule G-NGV1, Natural Gas Service for Compression on Customers' Premises, published by Pacific Gas & Electric Company.
(c) The procedure for rate adjustments under this Section 6.2 shall be as follows:
(i) Not later than March 31st of each year that is subject to a rate adjustment under this Section 6.2, Recology shall file with City a written Notice of Intention to increase each of the then current rates effective as of July 1st of the same year in accordance with the abovespecified formula, if Recology believes such an increase to be called for, or City shall provide to Recology a written Notice of Intention to decrease each of the then current rates effective as of July 1st of the same year in accordance with the above-specified formula, if City believes such a decrease to be called for.
(ii) Within thirty (30) days of the filing of the Notice of Intention, the City Manager shall review the Notice of Intention with Recology, and either confirm that the proposed rates are within the limit of Section
6.2(a) above or establish by mutual agreement with Recology any necessary changes to the proposed maximum rates to make such confirmation.
(iii) The City Manager shall immediately inform the City Council in writing of the new maximum rates determined in accordance with this Section 6.2 and, not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.
In the event that CPI(U) or the Fuel Index shall be discontinued or materially modified during the term of the franchise, the parties shall use their best efforts to substitute a replacement index and/or otherwise change Section 6.2(a) above so as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of the CPI(U) or the Fuel Index as in effect on the date hereof.
6.3 Extraordinary items. In addition to adjustments under Sections 4.1 and 6.2 above and other relevant provisions of this Agreement, the maximum rates hereunder 17 Franchise Agreement Between the City of Brisbane and Recology Brisbane 13 of 18
30 H.
shall be subject to increase or decrease to reflect extraordinary increases or decreases in Recology's costs of providing services hereunder, such as landfill or disposal costs, costs mandated by governmental action or judicial decisions or otherwise required in order to comply with applicable law, franchise fees and similar items. Increases or decreases in maximum rates pursuant to this Section
6.3 shall take effect so as to eliminate, to the maximum extent possible, Recology's loss or gain of profit resulting from the extraordinary increase or decrease in costs from the date(s) such increase or decrease first occurred.
6.4 Potential Rate Constraints. The parties recognize that, as of the date this Agreement is entered into, there is no authoritative judicial determination of whether Articles XIII C or XIII D of the California Constitution apply to charges imposed by private enterprises for solid waste handling and recycling services when those charges are regulated by a local government.
The City will not be in default of this Agreement if (i) a majority protest or referendum prevents the initial maximum rates or a proposed maximum rate increase from being adopted, (ii) a court rules that maximum rates adopted by City are not consistent with Article XIII C or D, or (iii) a voter initiative not endorsed by City reduces maximum rates from those in effect. After the occurrence of any event referred to in clauses (i)-(iii) above, the parties shall promptly meet and negotiate in good faith to adjust the Franchise Fee and/or service levels commensurate with the rates that Recology may legally charge, in a manner reasonably calculated (given such rates) to minimize any adverse effect on public health and safety and to allow Recology to cover its necessary costs plus a commercially reasonable profit.
Nothing in this Agreement shall be deemed or construed to be an admission by City or Recology that Articles XIII C or XIII D of the California Constitution apply to the rates charged by Recology under this Agreement.
7. Provisions Applicable to Customer Service, Equipment and Personnel
7.1 Recology shall use in connection with transportation of solid waste modern motor dump trucks with water tight bodies, sufficient in number and capacity to efficiently perform the work required by the Agreement. Recology shall keep the outside of the truck bodies reasonably free from dirt and debris, and shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to prevent refuse from falling into public streets or places.
Recology shall keep all trucks freshly painted in a uniform manner, and the firm name, telephone number, and truck number of each truck shall appear on each side thereof in a conspicuous manner. Recology shall keep all trucks in good 18 Franchise Agreement Between the City of Brisbane and Recology Brisbane 14 of 18
31 H.
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32 H.
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33 H.
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34 H.
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35 H.
File Attachments for Item:
I. Authorize Staff to Publish the Public Art Master Plan Request for Proposals (RFP) as Recommended by the Public Art Advisory Committee
(The RFP denotes not to exceed amount of $75,000 for a Master Planning consultant and the Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts.)
36 I.
Public Art Master Plan RFP Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: May 18, 2023
From: Noreen Leek, Parks & Recreation Director
Subject: Public Art Master Plan RFP
Community Goal/Result
Community Building
Purpose
To increase citizens’ appreciation of art, improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area.
Recommendation
Authorize staff to publish the Public Art Master Plan RFP (Attachment 1) to prospective consultants as recommended by the Public Art Advisory Committee.
Background
As outlined in the City’s Art in Public Places Ordinance, public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. By its presence alone, public art can heighten our awareness, question our assumptions, transform a landscape, or express community values, and for these reasons it can have the power, over time, to transform a city's image. Public art helps define a community's identity and
Discussion
At their May 1st, 2023 meeting, the Public Art Advisory Committee voted unanimously to recommend the Public Art Master Plan RFP to City Council. The Master Plan will provide long-term direction to the Public Art Advisory Committee and the City Council on the planning and processes necessary to further develop, administer and maintain a dynamic public art program in the City of Brisbane. The selected consultant will be responsible for developing policies and procedures, prioritizing City needs related to public art, and identifying types and locations of art throughout the City in order to establish a clear future for public art in the City of Brisbane. The Consultant will work collaboratively with the City’s Public Art Advisory Committee and City Staff to ensure broad public outreach and involvement to curate a vision for Brisbane’s public art.
The Master Plan for Public Art in Brisbane will include integration of art in both existing and to be built public spaces. Future opportunities for art are anticipated in areas such as the Crocker Trail, Sierra Point, and the Baylands.
37 I.
Public Art Master Plan RFP Page 2 of 2
Fiscal Impact
The RFP denotes a not to exceed amount of $75,000 for a Master Planning consultant and the Public Art Advisory Committee is also recommending a 20% contingency (or $15,000) to draw from as needed to support master planning efforts. An example of this would be the costs associated with facilitating community engagement events. This approach aligns with industry best practices. Funds for this are available within the Public Art Fund (Fund 275).
Attachments
1. Public Art Master Plan RFP
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Clay Holstine, City Manager 38 I.
1 Released May 22, 2023
Submittals due no later than Friday, June 30, 2023 @ 1:00pm Late submittals will not be accepted.
CITY OF BRISBANE | 50 PARK PLACE, BRISBANE CA, 94005 | WWW.BRISBANECA.ORG Request for Proposals
PUBLIC ART
MASTER PLAN
39 I.
2 The City of Brisbane, CA is seeking proposals from qualified individuals, firms, teams (hereinafter referred to as Consultant) with demonstrated experience in developing a public art master plan through a process of active public engagement. Consultants are invited to submit a proposal outlining their experience and qualifications in performing work directly related to the services required.
Selection will be made from responsive proposals that will best serve the interests of the City based on a combination of experience, qualification, availability, and capacity to perform the scope of services.
Please submit your proposal using the format specified in this Request For Proposals (RFP). PROPOSALS MUST BE RECEIVED BY FRIDAY JUNE 30, NO LATER THAN 1:00PM. Any proposal received after the specified time and date will not be considered. Proposals may be submitted one of the following ways:
Preferred:
1. Electronically via PDF to [email protected] AND [email protected].
Note: An email will be sent to confirm receipt of the electronic proposal.
Accepted:
2. Mailed to:
ATTN: Noreen Leek
Parks & Recreation Director
City of Brisbane
50 Park Place
Brisbane, CA 94005
If mailed, it must be received by the City by no later than Friday, June 30th.
3. Dropped off in person at Brisbane City Hall, 50 Park Place, Brisbane, CA 94005 on June 30th before 1:00pm. Note: A staff person will be onsite to receive hard-copy proposals during that time frame only.
Questions regarding the information contained in the RFP document must be submitted in writing by e-mail to: [email protected]. All questions must be received by June 16, 2023. Questions will beresponded to in writing. Written summaries of all questions and answers will recorded and may be shared with all prospective Consultants. Anonymity of the source of specific questions will be maintained in the responses and a clarification addendum will be issued, if necessary. Verbal inquiries are discouraged and the intent behind this requirement is to ensure that all prospective consultants have the same information available to them and no inconsistent, incomplete or misinformation is communicated to any party.
Noreen Leek
Parks & Recreation Director
(415) 508-2141
[email protected]
40 I.
3 Introduction
The City of Brisbane is seeking proposals from Consultants, Consultant Teams and Qualified Firms with demonstrated experience in public art master planning to develop the first Public Art Master Plan for the City of Brisbane, California. The Master Plan will provide long-term direction to the Public Art Advisory Committee and the City Council on the planning and processes necessary to further develop, administer and maintain a dynamic public art program in the City of Brisbane. The selected consultant will be responsible for developing policies and procedures, prioritizing City needs realted to public art, and identifying types and locations of art throughout the City in order to establish a clear future for public art in the City of Brisbane. The Consultant will work collaboratively with the City’s Public Art Advisory Committee and City Staff to ensure broad public outreach and involvement to curate a vision for Brisbane’s public art.
Background
The City of Brisbane is a small City in San Mateo County, approximately 20.1 square miles, nestled into the lower slopes of San Bruno Mountain. The City is located immediately south of San Francisco and is bordered to the east by the San Francisco Bay. The City of Brisbane was incorporated on November 27, 1961. Brisbane is known as “The City of Stars” due to a holiday tradition dating back to 1939. Residents and businesses adorn their homes and buildings with illuminated stars in early Winter delighting passersby.
41 I.
4 The City of Brisbane adopted a Public Arts Ordinance (ENCLOSURE A) in 2014 in order to increase citizens’ appreciation of art, to improve quality of life, and to enhance Brisbane’s identity as a unique community within the greater Bay Area. Additionally, public art should stimulate creativity, imagination, induce creative conflict, and add a unique human quality to the community environment and enrich public spaces. A city rich in art becomes an outdoor cultural museum accessible to everyone.
The Brisbane Public Art Advisory Committee is the City Committee responsible for ensuring all public art projects in the City of Brisbane meet the program criteria and guidelines for selection of an artist or artist team, artwork, and artwork location established in the Public Arts Implementation Guidelines (ENCLOSURE B).
The Brisbane Public Art Advisory Committee is a City committee composed of 2 Parks and Recreation Commissioners as designated by the Parks and Recreation Commission, 2 City Council Members (the Council’s Parks and Recreation Commission Liaisons), and 3 Brisbane Community members, appointed by City Council for two-year terms. The Community members must include one individual professionally engaged in the art community, one individual that is an employee or owner of a Brisbane business and the other may be either a resident of Brisbane or an owner/employee of a Brisbane business.
The Master Plan for Public Art in Brisbane will include integration of art in both existing and to be built public spaces. The City anticipates significant future growth and additional opportunities for art will be prevalent in areas such as the Crocker Trail, Sierra Point, and the Baylands. (See ENCLOSURE C, Aerial Map of Brisbane boundary.) Art should serve as a foundational element of Brisbane’s identity and should be a fundamental part of the design and the planning process for all development.
Scope of Work
This is the first public art master plan for the City of Brisbane. The purpose of the Public Art Master Plan is to set a vision and develop a long-term plan that will provide clear direction for the future of public art in Brisbane. The plan should outline goals for public art in Brisbane, identify priorities for its art program, identify strategic partnerships and possible sources of alternative funding, and establish program processes. Additionally, the plan should address opportunities for ongoing public engagement, develop policies and procedures, and recommend processes necessary to achieve the vision for public art in our community.
It is expected that the consultant will take the lead on all community meetings, presentations, and outreach efforts. Staff will play a supporting role and facilitate those efforts and meetings. Staff will act as the liaison between the Consultant and the Public Art Advisory Committee.
42 I.
5 Key elements of a Public Art master plan should include:
• Development of the mission, vision, goals, and guiding principles for the City’s Public Art Program;
• Clear goals and implementation strategies that include short and long-term priorities; • Recommended public art guidelines, policies and processes; • Summary of research, findings and community outreach results; • Strategies for ongoing community engagement and outreach to a diverse group of stakeholders;
• Identification of sites for future temporary and permanent public art projects, including “iconic” and “gateway” art placement and spaces for participatory art; • Opportunities for funding models for public art;
• Analysis and recommendations for a collection strategy, including recommendations for a collection maintenance, conservation, ownership, and deaccession plan.
The submitted proposal shall address the following areas of service:
Assessments and Recommendations
1. Identify standards for what is classified as public art. • Review current public art collection, inventory artworks and programs. • Recommend standards for future acquisitions/projects.
2. Identify criteria for selection of public art. • Highlight best practices. • Acknowledge government purchasing procedures.
3. Define processes and policies for public art, including but not limited to the following:
• Art donations, temporary artworks, artist or community-initiated artwork, deaccession, ongoing maintenance, upkeep, relocation and removal policies and recommendations.
Public Participation Plan
1. Undertake a comprehensive community outreach program to fully engage residents, stakeholders and the community at large in shaping and defining what Public Art is in Brisbane.
2. Undertake specific outreach to minority communities as well as low- and moderateincome residents to help identify specific opportunities for public art engagement that will be beneficial for those communities.
Development of Cohesive Plans
1. Identify and clarify key themes and values on which the community should focus its public art resources.
43 I.
6 2. Provide recommendations for program development (such as urban/street art, public art pocket map, murals, banners, community art gallery, artists registry, performing art, music, digital media).
3. Create measurable steps for achieving public art goals in 1-5 years; Forecast 15–20- year initiatives.
4. Outline plan to create an arts district, including but not limited to the following based on Consultant experience/expertise: • Recommended contiguous location(s). • Recommended space and operational characteristics for creative space needs (e.g. square footage, height requirements, ventilation, outdoor access, storage, live/work needs). • Recommended space and operational characteristics for community performance space. • Suggest financing options to initiate and support necessary creative space infrastructure.
5. List and map potential locations for future art; Explore options for re-zone of areas in City to encourage long-term artist residency and community space opportunities.
6. Suggest a long-term approach and priorities for disbursement of the Public Art Fund.
7. Identify additional funding resources and staffing recommendations including establishing criteria for when a curator is necessary.
8. Suggest goals for marketing and audience development.
9. Indicate actions for promotion of cultural diversity, community and neighborhood inclusivity.
10. Summarize Master Plan goals and content in an accessible, consumer-friendly format.
11. Suggest priorities for proposed projects, with a projected timeline and financial strategy for implementation.
12. Analyze current and best-in-practice metrics, comparisons, redundancies, and context with surrounding cities, and establish a plan for tracking performance of metrics as relevant to overall plan.
13. Produce an attractive and understandable final printed and digital report which includes the findings noted above.
14. Present at a minimum of one Public Art Advisory Committee meeting and one City Council meeting.
44 I.
7 RFP Timeline
The anticipated schedule for selection of a Consultant for this project is as follows:
RFP Release Date May 22, 2023
Question Submission Cutoff Deadline June 16, 2023
Proposal Submission Deadline June 30, 2023
Selection Committee review & interviews (if necessary) July/August 2023 Tentative notification of bid awarded to Consultant Early September 2023 City approval granted to proceed September 21, 2023
Notice to proceed issued to Contractor September 22, 2023 *Disclaimer: This timeline is subject to change and the City of Brisbane reserves the right to adjust as deemed necessary.
Budget
Consultant shall provide a proposed budget itemized by task as well as the total project cost proposed, and total project cost stated as a firm fixed fee not to exceed $75,000. Labor and direct costs should be identified by task. Hourly rates for project staff shall also be provided. Cost Proposal will be submitted separate from the rest of the RFP response.
Submission Requirements
1. Each RFP response shall be submitted in compliance with the requirements outlined on Page 2.
2. The submittal shall be typed and shall not exceed twenty-five (25) pages of written material including the cover letter. Submittals failing to comply with the page limitation will not be considered.
3. Submittal must include examples of previous work.
4. To be responsive, each RFP submission must include the following information in the format indicated. The submittals shall be organized to match the following categories. Submittals not organized according to the following format may be rejected.
a. Cover Letter. Consultant identification including name, year firm established, address, city, state, zip code, telephone number and e-mail address of the firm‘s applicant(s). Length: One (1) page maximum.
b. Letter of Interest. Statement of interest detailing the firm’s interest in the project and highlighting unique features it would bring to the project. Length: One (1) page maximum. 45 I.
8 c. Statements of Qualifications. Length: One (1) page maximum. i. Provide statement of qualifications for each of the specific disciplines; ii. Include the firm’s structure, background, and interest, detailing the firm’s interest in the project and highlighting unique features it would bring to the project; iii. List of recent projects similar in scale, cost, and complexity and also note the year completed; include the name, address and phone number for client, contractor, or person that may serve as a reference;
iv. Firm’s current work load and backlog;
v. Identify any recent or pending litigation.
d. Relevant Experience/Examples of Work. Provide descriptions of up to three (3) previous projects within the past 10 years that most closely relates to this request for services. Length:
Three (3) page maximum.
i. Include projects’ scale, cost, and complexity and also note the year constructed; name, address and phone number for client, contractor, or person that may serve as a reference.
e. Professional Background. Provide a summary of the applicant’s professional background, with a predominant focus on special professional and/or project experience. Length: Two (2) pages maximum.
f. List of Client References. Provide a list of clients to be used as references for your work.
Length: One (1) page maximum.
i. Must include the contact name, address, telephone number, nature of job, length of engagement, and resulting project.
g. Sealed Fee Proposal. The Fee Proposal shall be submitted in a separate sealed envelope or PDF document marked “Public Art Master Plan Fee Proposal”.
Selection/Interview Process
Pursuant Sections 4525-4529 of the Government Code of the State of California, the Consultant’s selection will be based on qualifications. The City’s Public Art Advisory Committee will review the proposals received by the deadline and develop a short list of qualified firms. Depending upon the relative quality of the proposals, the City may invite short listed firms to formal interviews. The City of Brisbane reserves the right to refuse any or all proposal(s), to waive technicalities, and to accept whichever proposal(s) that may be in the best interest of the City, at its sole discretion. 46 I.
9 General Terms & Conditions
1. This RFP does not commit the City to enter into an agreement, to pay any cost incurred in the preparation of a submittal to this request or in subsequent negotiations, or to procure or contract for the project.
2. At any time prior to the specified time and date set for the submission, a person/firm, or their designated representative, may withdraw their proposal.
3. The issuance of this RFP and the acceptance of a proposal do not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right to: • Reject any or all proposals. • Reissue an RFP. • Extend the time frame for submission of the proposals by notification to all parties who have registered an interest in this RFP with the City. • Request more information from any or all applicants. • Waive any immaterial defect or informality. • Decline to go forward with the RFP. • Reject any Subcontractor or Contractor proposed by the Proposer. • The City expressly reserves the right not to proceed to contract under this RPP.
4. All services shall be provided in accordance with Enclosure "D," the City's Professional Services Agreement. Final terms of any agreement will be established during negotiations. Negotiations may be terminated by the City for failure to reach mutually acceptable terms.
5. Each person/firm will be responsible for all costs incurred in preparing a response to this RFP.
6. All materials and documents submitted in response to this RFP will become the property of the City and will not be returned. Persons/firms selected for further negotiations will be responsible for all costs incurred by it during negotiations whether or not such negotiations lead to a contract with the City.
7. Proposers are responsible for reviewing all portions of this RFP. Proposers are to promptly notify the City, in writing, if the proposer discovers any ambiguity, discrepancy, omission or other error in the RFP. Any such notification should be directed to the City promptly after discovery, but in no event later than five working days prior to the date for receipt of proposals.
Enclosures/Reference Documents
Enclosure A Public Arts Ordinance – Brisbane Muni Code Chapter 15 – Art in Public Places Program Enclosure B Public Art Implementation Guidelines
Enclosure C Aerial Map Denoting Brisbane boundary
Enclosure D DRAFT Agreement for Professional Services
47 I.
10 ENCLOSURE A
Chapter 15.85 ART IN PUBLIC PLACES PROGRAM
15.85.010 Title.
This chapter shall be known as the city's "art in public places program" and may be so cited. (Ord. No. 588, § 1, 10-2-14)
15.85.020 Purpose.
The purpose of the city's art in public places program is to promote the visual arts by requiring the inclusion of a public artwork component in certain new public and private development projects in Brisbane. The city council recognizes that public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. By its presence alone, public art can heighten our awareness, question our assumptions, transform a landscape, or express community values, and for these reasons it can have the power, over time, to transform a city's image.
Public art helps define a community's identity and reveal the unique character of a specific neighborhood.
15.85.030 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "Brisbane public art fund" means the fund described in Section 15.85.040.
B. "Building development costs" means construction costs, including grading and landscaping costs, for new private developments that do not include costs for hazardous materials abatement, land use planning consultants, feasibility studies, environmental review, land acquisition, legal fees, architecture/engineering, construction management, geotechnical surveys, historical surveys, and demolition. For public developments, "building development costs" means public construction costs that do not include costs for park and landscape renovation projects; pipelines, power transmission lines and towers, switchyards and substations, dwellings in watershed areas; mechanical, plumbing and electrical system upgrades; seismic or structural upgrades; modifications for disabled access, unless occurring in conjunction with a new building construction. "Building development costs" for public developments shall include costs for bridges and overpasses, but shall not include costs for other transportation improvement projects.
C. "Implementation guidelines" means the guidelines for implementation of this chapter to be developed by the public art subcommittee.
D. "In-lieu contribution" means a cash contribution equivalent to the percentage of building development costs required herein.
E. "Public art subcommittee" means a broadly representative subcommittee appointed by the parks and recreation commission.
15.85.040 Brisbane public art fund.
A. The city manager shall establish a Brisbane public art fund to receive in-lieu contributions, donations, and other funds contributed in support of the art in public places program. Unspent monies in the Brisbane 48 I.
11 public art fund shall be carried over to the next fiscal year, unless prohibited by the source of the funds, or applicable laws or regulations.
B. The Brisbane public art fund may be used to acquire, place, and maintain public art on public or private property throughout the city, as described in the implementation guidelines.
15.85.050 Contribution requirements.
A. Private Developments.
1. Commercial Projects.
a. Private nonresidential and non-live-work building developments with building development costs from one million dollars ($1,000,000.00) through five million dollars ($5,000,000.00) shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. This section shall apply to both new projects and building alterations/additions.
b. Private nonresidential and non-live-work building developments with building development costs above five million dollars ($5,000,000.00) shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. Alternatively, at the discretion of the owner or developer, such projects may devote in an amount equal to at least one percent of their building development costs for the acquisition and installation of publicly accessible art on the development site, subject to the provisions of Section 15.85.060. This section shall apply to both new projects and building alterations/additions.
2. Residential Projects.
a. Single and multiple family residential and live-work developments with ten (10) through twenty (20) units shall contribute in an amount equal to at least one-half percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. b. Single and multiple family residential and live-work developments with more than twenty (20) units shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. c. Single and multiple family residential and live-work developments with building development costs above ten million dollars ($10,000,000.00), regardless of the number of units, shall contribute in an amount equal to at least one percent of their building development costs into the Brisbane public art fund as an in-lieu contribution. Alternatively, at the discretion of the owner or developer, such projects may devote in an amount equal to at least one percent of their building development costs for the acquisition and installation of publicly accessible art on the development site, subject to the provisions of Section 15.85.060.
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12 d. Private residential and live-work building developments designated as low or moderate income housing shall be exempt from the requirements of this chapter.
3. Compliance with the provisions of Section 15.85.050(A) shall be demonstrated by the owner or developer prior to the issuance of a building permit as follows: (a) payment of the full amount of the inlieu contribution; or (b) written proof to the building department of a contractual agreement to commission or purchase and to install the requested artwork on the development site. The owner or developer shall provide the city with proof of installation of the requested artwork on the development site before issuance of the certificate of occupancy, unless the city has approved some other method of assuring compliance with the provisions of this chapter.
4. An in-lieu contribution shall not necessarily change the characterization of the project as a private development.
B. Public Developments. Building developments by the city with building development costs above five hundred thousand dollars ($500,000.00) shall devote in an amount equal to at least one-half percent of their building development costs for the acquisition and installation of publicly accessible art on the development site or for contribution into the Brisbane public art fund as an in-lieu contribution.
15.85.060 Implementation guidelines.
The public art subcommittee shall create implementation guidelines for the art in public places program, which shall be approved by the city council. These implementation guidelines shall include, among other things, provisions regarding:
A. The selection and location of public art pieces;
B. Contributions into, expenditures from, and maintenance of the Brisbane public art fund; C. The conditions for removing, re-siting, or replacing public art; D. The installation of project-specific publicly accessible art in lieu of contribution to the Brisbane public art fund;
E. The process and specifications for waiving the provisions in this chapter; and F. Requirements for demonstrating compliance with provisions of this chapter.
15.85.070 Violations of chapter.
In addition to other fines or penalties provided by state or municipal law, the city may revoke or suspend any discretionary permit granted to any owner or developer who violates the provisions of this chapter. 50 I.
13 ENCLOSURE B
Public Arts Implementation
Guidelines
City of Brisbane
Approved by Council 06.17.21
Purpose:
The City of Brisbane adopted a Public Arts Ordinance in 2014 in order to increase citizens’ appreciation ofart, to improve quality of life, and to enhance Brisbane’s identity as a unique community within the greaterBay Area. Additionally, public art should stimulate creativity, imagination, induce creative conflict, and add a unique human quality to the community environment and enrich public spaces. A city rich in art becomes an outdoor cultural museum accessible to everyone.
Public art can and should be an integral part of the design and the planning process of all development.
Goals:
1. Community Involvement – A community develops a specific identity and character over time.
Residents are uniquely qualified to provide insight into the types of public artwork that are best suited for the community depending on the size of the project. Those who reside in the community are encouraged to participate in the selection process of public art pieces by participating at public meetings.
2. Diversity of Art – The collection should be diverse in its representation of artists and artistic stylesand be reflective of the ethnic and cultural diversity of the community.
3. Creation of Sense of Place – Art is important to our common experience because it brings focus, importance, and cohesion to public spaces. Public art develops images and provides experiencesthatreflectthe historical and cultural essence of a community. Public arttransforms public spacesby giving them a context and relevance and making them places of community interest and pride.Public art has the potential to improve the appearance of an entire business block; to heighten the ethnic, historical or cultural aspects of the community and to attract foot traffic to an area that formerly had little or none.
4. Artist Participation – By encouraging collaboration between artist, architects, and engineers we can provide an aesthetic dimension that expands possibilities for creating public spaces for the community.
Definitions:
• Artist: An individual or team of individual artists whose body of work and professional activities 51 I.
14 demonstrate serious ongoing commitment to the fine arts. Members of architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by these Guidelines shall not be considered artists for the purposeof meeting the requirement to provide public art. • Arts professional: An individual who works in the fine arts field (such as arts consultant, fine artscurators, fine arts collectors, art critics, or art educators). • Artwork or work of art: All forms of original creations of visual arts, including but not limited to:
1) sculpture in any material or combination of materials; 2) painting- all media including portableand permanently affixed works, such as murals and frescoes; 3) graphic arts- print making and drawing; 4) mosaics; 5) photography; 6) crafts in clay, fiber and textiles, wood, metal, plastics andother materials; 7) calligraphy; 8) stained glass; and 9) mixed media – any combination of forms or media, including collage.
• Artwork cost: Artwork cost isthe total amount budgeted by the City for a public artwork project. • Building valuation: The total dollar amount of all construction permits for the same developmentproject using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) building valuation. • Conceptual design plan: The initial phase of the approval of public artwork that includes review of the artist’s or artist team’s qualifications, conceptual artwork design, and artwork location. • Design: Artwork detailing project design, including scale drawings within site context, sealed by an engineer, if required.
• Fabrication: A detailed description of the methods of fabrication as well as any uncommon or unusual details regarding the approach to creating an artwork piece. • Final design plan: The final phase of the approval of public artwork that involves consideration ofa highly defined proposal that conforms to the concept previously considered and approved by the Committee.
• In-lieu contribution: In place of an approved artwork on the site, a developer may elect to pay tothe City an amount equal to the program allocation set forth in the Public Arts Ordinance.
In-lieufees shall be submitted to the City and deposited into the Public Art Fund before issuance of a building permit for the development project except when a different time period is approved by the Community Development Director and Parks and Recreation Director. • Installation: A detailed description of the installation procedure if the artwork will not be fabricated directly on the selected site. Installation would include the construction of any required footings or foundation.
• Public art: Any permanent display of a work of visual art that was specifically designed to be located on a site where it would be easily accessible to the public, either on private or public property within the City of Brisbane.
• Public art advisory committee(Public Art Committee): A committee made of 2 Parks and Recreation Commissioners as designated by the Parks and Recreation Commission, 2 Council Members (the Council’s Parks and Recreation Commission Liaisons), and 3 Brisbane Community members, appointed by City Council. The Community members shall serve two 52 I.
15 year terms and one of whom will be professionally engaged in the art community, one of whom will be an employee or owner of a business located in Brisbane, and the other member may be either a resident of Brisbane or an owner or employee of a business located in Brisbane.
Members of thePublic Art Advisory Committee will be ineligible to propose public art projects while they serve onthe Committee and for 1 year after they leave the Committee. • Public art fund: An interest-bearing account that is managed by the City Manager, or designee, into which public art funds, including donated funds, in-lieu funds and/or public art grant funds are deposited.
• Public place: An interior or exterior area on public or private property that is easily accessible byand highly visible to the general public.
General Procedure:
Public artwork is limited to permanent visual works of art, as opposed to performing, written, or temporary art. Visual art includes but is not limited to, murals, sculptures, artist-designed landscape features,streetscape features, earthworks, environmental installations, and water and digital displays.
Any money donated to or collected through the Building Permit process will be deposited in the Public Art Fund. The City Manager, or designee, shall administer the funds and establish accounting records according to Generally Accepted Accounting Principles (GAAP). The City Manager or designee will authorize all disbursements from the Public Art Fund. The account shall not be added to the City’s GeneralFund.
The process for selecting the public piece to be installed will depend on whether or not the artwork is commissioned by the City of Brisbane or by a private person or entity.
All privately installed Public Art will be reviewed by a Public Art Advisory Committee. The Public Art Advisory Committee is responsible for reviewing and making decisions on conceptual design plans submitted by a developer of a project subject to the public art requirement.
Additionally, on an annual basis the Public Art Advisory Committee will meet to review the balance of funds in the Public Art Fund to determine if they should propose any projects be initiated and commissioned by the City.
The Public Art Advisory Committee shall ensure all public art projects meet the program criteria and guidelines for selection of an artist or artist team, artwork, and artwork location established in this procedure before submittal of the Final Design Plan to the City Council.
The following procedure will be used to review and approve public art projects:
Privately Installed Public Art
1. The project contact will meet with the designated staff from the City prior to submitting 53 I.
16 conceptdesign plans.
2. The developer must contract the services of an artist for any public art project. The developer will provide the work vitae of the art consultant or artist.
3. Proposals must include preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed work.
4. An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs. If the value of a proposed artwork (by past records of comparable work sold, etc.) cannot be verified, City staff may choose to have the artist’s proposal and or/other completed works appraised by a qualified art appraiser selected by the City. The developer will pay up front for any art appraisal service fees. This expense will be deducted from the total artwork allocation cost.
5. Preliminary plans must contain such detailed information as may be required by the Public Art Advisory Committee to adequately evaluate the location of the artwork in relation to the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary.
6. A preliminary budget must show the proposed public art project is consistent with the public art ordinance requirements.
7. Within 30 days of receiving a complete application the Advisory Committee will hold an open meeting to discuss the proposed project. The meeting will be noticed to all properties within 1,000 feet of the property and posted as required by law. With the agreement of the developer the meeting may take place more than 30 days from receiving the complete application.
The proposed artwork project will be reviewed using the following criteria as applied to the supporting documentation and past projects:
Artistic quality (vision, originality, and craftsmanship);Context (architectural, historical, geographical, and socio-cultural context of the site);quality and permanency of materials; maintenance; safety; diversity of artists; representation in the existing collection of publically-accessibleartworks; and diversity of artworks(media, scale, style, intention) in the existing collection of publicly accessible artworks.
8. The Public Art Advisory Committee will make a recommendation on the proposed artwork to theCity Council.
9. The City Council will have the final approval for any public artwork project. If the Council does not approve the proposed project it can either refer the item back to the Advisory Committee for reconsideration.
10. All cost of maintaining a privately installed Public Art work will be the expense of the private entity unless the City accepts the Public Art piece as a donation. 54 I.
17 Public Installed Public Art
1. The Public Art Advisory Committee will recommend to the the City Council the amount of money fromthe Public Art Fund to be used on any publicly installed public art pieces and the breakout between Administrative and Maintenance costs of the project. The Public Art Advisory Committee will also recommend a location for the art project, type of artwork when appropriate, process for involving thecommunity in the process, and method calling for artists.
2. The Council will approve available funds for the artwork and solicit members to be part of an ArtSelection Committee, if needed.
3. The Public Art Committee shall select an artist, or group of artists, through a public process using oneof the following methods:
a. Request for qualifications (RFQ)
b. Request for proposals (RFP)
c. Invitational competition.
4. The City Council shall make a decision on the Public Art Committee’s recommendations on the artist or artist group.
5. The Public Art Committee, any outside professional hired by the City for assisting with the selection of the art work, and the appropriate City staff, as needed for the particular project, shall meet regularly with the selected artist, or group of artists, in developing the Conceptual Design Plan that meets the artwork and location criteria.
6. Once the Conceptual Plan has been approved by the Public Art Committee, the artist or artist’s teamshall refine the project objectives and the Conceptual Design Plan according to the direction of the Public Art Committee.
7. The Final Design will be approved by the City Council.
Use of Funds
All funds appropriated for public art will be deposited in the Public Art Fund. The City Council shall authorize projects for funding as prescribed in the public art implementation guidelines. In circumstanceswhere it is not feasible to incorporate artistic features into a particular project, such money will be pooledand used for art in other projects. Disbursements shall be made in connection with projects approved byCity Council. Nothing herein prohibits the City from soliciting or receiving grants, donations, bequests orgifts from private or public sources.
For individual pieces of art the Art Advisory Committee will recommend, to the City Council, what percentage of the funds will be set aside for the Public Art, Maintenance, and Administration and Education based on the guidelines below.
1. Public Art Funds
No less than sixty-five percent (65%) of the money fees collected shall be directed forPublic Art Acquisition and may be spent for the following purposes:
a) Artists’ services and fees.
55 I.
18 b) Acquisition of art.
c) Artistselectionprocesses, including jury selectioncosts andmodel ordesign fees.
No more than fifteen percent (15%) of the money collected may be directed for Maintenance and curatorial services
a) Identifying plaques
b) Repair, maintenance, surveys, curatorial services, and other conservation worknecessary to keep all artworks in the City collection in standard condition No more than twenty percent (20%) of the fee may be directed for Public Art Administration and maybe spent for the following purposes:
a) Project administration.
b) Community education programs, publicity, dedications, and other purposes asrecommended by Public Art Committee and approved by the City Council. 56 I.
19 ENCLOSURE C
AERIAL MAP DENOTING BRISBANE BOUNDARY
57 I.
20 ENCLOSURE D
DRAFT AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT dated DATE is made by and between THE CITY OF BRISBANE, a municipal corporation ("City"), and CONSULTANT (“Consultant").
RECITALS
A. City desires to retain Consultant to prepare a public art master plan.
B. Consultant is specially trained, experienced, and qualified to provide such professional services and is willing to do so pursuant to the terms and conditions of this Agreement.
AGREEMENT
1. Scope of Services. Subject to the direction and approval of City through its staff that City may provide from time to time, Consultant shall perform the services described in the scope of work outlined in the Consultant’s proposal (Exhibit A) referenced herein.
2. Time of Performance. The services of Consultant shall commence upon the execution of this Agreement and shall be satisfactorily completed within the agreed upon timeframe.
3. Responsible Personnel. The personnel acting on behalf of Consultant primarily responsible for performance of the services hereunder shall be as set forth within Exhibit A.
4. Compensation. As compensation for all services to be performed by Consultant under this Agreement, Consultant shall be paid the amounts set forth and incorporated herein as Exhibit A. In no event shall Consultant’s total compensation exceed the agreed upon sum without additional authorization from City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to City at the time of payment.
5. Method of Payment. Consultant shall submit billings to City describing in detail the work performed for which payment is requested, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Billings shall be submitted monthly, or at such other time as agreed upon between City and Consultant. City shall pay Consultant no later than 30 days after approval of the invoice by City. Such payment shall not be unreasonably withheld.
6. Maintenance and Inspection of Records. Consultant shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, timecards, and other records or documents relating to charges for services or expenditures charged to City, for a minimum of three (3) years from the date of final payment to Consultant under this Agreement and shall make the same available to City or its authorized representatives for inspection and audit, at any time during regular business hours, upon written request by City. The right of inspection shall include the right to make extracts and copies.
7. Assignment and Subcontracts. Consultant acknowledges that Consultant’s special skill and expertise is a material consideration for City entering into this Agreement. Consultant shall not assign, subcontract or delegate to any other party the performance of any services to be rendered by Consultant or Subconsultants without the prior written approval of City. If City consents to any sub-consulting of work, Consultant shall be fully responsible to City for all acts or omissions of the subconsultant. 58 I.
21 8. Ownership of Documents. Upon payment of fees and expenses due, all plans, studies, documents, and other writings prepared by and for the Consultant in the course of performing its services under this Agreement, except working notes and internal documents, shall become the property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City upon written request.
9. Independent Contractor. Consultant is, and at all times shall remain, an independent contractor, and not an agent, officer or employee of City. As an independent contractor, neither Consultant nor any of Consultant’s agents or employees shall be entitled to any salary, fringe benefits, worker's compensation, retirement contributions, sick leave, insurance, or other benefit or right connected with employment by City, or any compensation other than as provided in this Agreement. Consultant shall have no power or authority to bind City to any contract or otherwise to incur any obligation or liability for, or on behalf, or in the name of City.
10. Licenses. Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature that are legally required of Consultant to practice its profession. Consultant shall, at its sole cost and expense, keep and maintain such licenses, permits, qualifications, insurance and approvals in full force and effect at all times during the term of this Agreement. Consultant shall procure and thereafter maintain a City of Brisbane business license during the term of this Agreement.
11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations in connection with the performance of its services under this Agreement.
12. Employment Eligibility. At the request of City, Consultant shall furnish to City copies of Employment Eligibility Verifications (INS Form I-9) or other evidence satisfactory to City showing that any or all persons providing services under this Agreement for on behalf of Consultant is eligible to be employed in the United States. In the event Consultant is unable or unwilling to provide the employment eligibility verification within ten (10) days after City's request, City may require the immediate removal from the project of such workers as specified by City, and upon any failure by Consultant to do so, City shall be entitled to terminate this Agreement.
13. Indemnity. Consultant shall indemnify, defend, and hold City, its officers, officials, agents, employees and volunteers, harmless from and against any and all claims, demands, causes of action, losses, damages, injuries, expenses and liabilities, direct or indirect, including reasonable attorney's fees, to the extent actually caused by negligence or willful misconduct in the performance by Consultant of its services under this Agreement or its failure to comply with any of the its obligations contained in this Agreement, and City shall not be liable for any negligent acts or omissions or willful misconduct of Consultant. Consultant shall not be liable for the negligent acts or omissions or willful misconduct of the City.
14. Insurance. Consultant, at its own expense, shall procure and maintain, for the duration of this Agreement, insurance policies, which satisfy the following requirements:
(a) Type of policies and coverage:
59 I.
22 (1) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage, providing coverage at least as broad as Insurance Services Office Commercial General Liability form CG 0001 (Ed. 11/88). If the form of insurance with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
(2) Automobile Liability Coverage. Consultant shall maintain automobile liability insurance in an amount not less than $1,000,000 combined single limit for each occurrence, for bodily injury and property damage, providing coverage at least as broad as Insurance Services Office form CA 0001 (Ed. 12/90) Code 1 (any auto). (3) Workers' Compensation and Employer's Liability Coverage. Consultant shall maintain workers' compensation insurance as required by the State of California and employer's liability insurance in an amount not less than $1,000,000 per occurrence, for any and all persons employed by Consultant in connection with the performance of services under this Agreement. In the alternative, Consultants may rely on a self-insurance program to provide this coverage so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or Consultants, if a program of self-insurance is provided, shall waive all rights of subrogation against City for loss arising from work performed by Consultants for City.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence, covering negligent acts, errors or omissions which may be committed by Consultant in the performance of its services under this Agreement.
(b) Endorsements: Each general liability and automobile liability insurance policy shall contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees, agents, or volunteers.
(2) For any claims related to the Project, Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, agents, or volunteers shall be excess of Consultants’ insurance and shall not contribute with it.
60 I.
23 (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, employees, agents, or volunteers.
(4) Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Consultant’s insurance coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. (d) Acceptability of Insurers. Insurance is to be placed with insurers having a current A.M. Best rating of no less than A: VII, unless otherwise approved by City in writing. (e) Verification of coverage. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required by this Agreement. Certificates of such insurance shall be filed with City before commencement of work by Consultant. At the request of City, Consultant shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Agreement.
15. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be either personally delivered or sent by certified mail, return receipt requested, addressed to the other party as follows:
To City City of Brisbane
50 Park Lane
Brisbane, CA 94005
Attn.: City Manager
To Consultant NAME
ADDRESS
Attn.: PRIMARY CONTACT
16. Litigation Expenses and Attorneys' Fees. If any party to this Agreement commences any legal action against the other party to enforce or interpret this Agreement, the prevailing party shall be entitled to recover all costs and expenses that may be incurred in connection therewith, including court costs, expert witness fees, discovery expenses, and reasonable attorneys' fees. 61 I.
24 17. Termination of Agreement. This Agreement may be terminated by any party, effective upon written notice, should the other party commit any material default in the performance of its obligations hereunder. This Agreement may also be terminated by either party, for any reason, upon fifteen (15) day's prior written notice to the other party. In the event this Agreement is terminated by City through no fault of Consultant, Consultant shall be compensated for all services performed to the date of termination.
18. Equal Opportunity Employment. Consultant warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment.
19. Miscellaneous Provisions.
(a) Severability. Should any portion of this Agreement be declared void or unenforceable in a final decision by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be reasonably interpreted to implement the intention of the parties.
(b) Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes and cancels all prior agreements or understandings, whether written or verbal.
(c) Amendments. This Agreement may be modified or amended only by a written document duly executed by both City and Consultant.
(d) Waiver. The waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same provision or any other provision of this Agreement.
(e) Execution. Each party warrants that the individuals signing this Agreement on its behalf have the legal power and authority to do so and to bind the party to this Agreement. (f) Successors and Assigns. Subject to the restriction against assignment and subcontracting, this Agreement shall be inure to the benefit of and shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
THE CITY OF BRISBANE
By: ____________________________
Clayton L. Holstine, City Manager
62 I.
25 ATTEST:
_____________________________
Ingrid Padilla, City Clerk
APPROVED AS TO FORM: CONSULTANT
By: ____________________________
NAME, COMPANY
Michael Roush
Legal Counsel
63 I.
File Attachments for Item:
J. Introduce an Ordinance, Waiving First Reading, to Amend Section 10.24.050 of Chapter 10.24 of the Brisbane Municipal Code pertaining to “Stopping, Standing and Parking.” (The purpose of this item is to modify a section of the city’s municipal code that is inconsistent with state law.)
64 J.
CITY COUNCIL AGENDA REPORT
Change to Municipal Code Chapter 10.24 Page 1 of 2
Meeting Date: May 18, 2023
From: Director of Public Works/City Engineer
Subject: Municipal Code Change to Chapter 10.24 – Stopping, Standing and Parking
Community Goal/Result:
Safe Community
Purpose
To modify a section of the city’s municipal code that is inconsistent with state law.
Recommendation
Introduce an Ordinance, waiving first reading, amending Section 10.24.050 of Chapter 10.24 of the Brisbane Municipal Code pertaining to “Stopping, Standing and Parking.” Introduction and adoption of this Ordinance is not subject to further environmental review because it is not a project under the California Environmental Quality Act (CEQA). CEQA Guidelines, section 15378 (b) (2).
Background
Section 10.08.120 “Removal of parked and abandoned vehicles” of the city’s municipal code allows for removal of a vehicle from streets and public property, “When a vehicle is parked or left standing upon any public street, highway, right-of-way or public grounds for seventy-two (72) or more consecutive hours.”
California Vehicle Code section 22651 k similarly provides removal authority, “If a vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.”
In conflict with both of these laws is Brisbane Municipal Code §10.24.050 “Use of streets for storage of vehicles prohibited”, which specifies an allowed maximum time period of 120 hours (5 days) for parking a vehicle on a street or alley.
Discussion
Approval of the recommended action will change the maximum time period for parking on a street or alley to 72 hours and will remove the current inconsistency. 65 J.
Change to Municipal Code Chapter 10.24 Page 2 of 2
Environmental Review
Introduction and adoption of this Ordinance is not a project under CEQA because it is a continuing administrative activity, such as general policy and procedure making, and not applied to any specific instance. CEQA Guidelines, Section 15378 (b)(5). Accordingly, no further environmental review is necessary.
Fiscal Impact
None as a result of the recommended action.
Measure of Success
Consistency throughout the city’s municipal code and with the state vehicle code.
Attachments
1. Proposed Ordinance
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 66 J.
~ 1 ~
Ordinance No. - - -
ORDINANCE NO. - - -
AN ORDINANCE OF THE CITY OF BRISBANE
REVISING CHAPTER 10.24 OF THE BRISBANE MUNICIPAL CODE
CONCERNING STOPPING STANDING AND PARKING
The City Council of the City of Brisbane hereby ordains as follows:
Section 1: Section 10.24.050 of the Brisbane Municipal Code is revised to read as follows:
“10.24.050 – Use of streets for storage of vehicles prohibited.
No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours.” Section 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Brisbane hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional.
Section 3: This Ordinance shall be in full force and effect thirty days after its passage and adoption.
* * * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ____________________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Madison Davis, Mayor
67 J.
~ 2 ~
Ordinance No. - - -
ATTEST:
_____________________________
Ingrid Padilla, City Clerk
APPROVED AS TO FORM:
_____________________________
Thomas R. McMorrow, City Attorney
68 J.
File Attachments for Item:
K. Consider Adoption of a Resolution to Approve Amendment of the 2023-2031 Housing Element and Finding This Action Categorically Exempt from Environmental Review Under CEQA under CEQA Guidelines Sections 15061(b)(3)
(The purpose of this item is to adopt an amendment to the 2023-2031 Housing Element of the General Plan that complies with State law.)
69 K.
CITY COUNCIL AGENDA REPORT
Meeting Date: May 18, 2023
From: John Swiecki, Community Development Director
Subject: Amendment of the 2023-2031 Housing Element and Finding This Action Categorically Exempt from Environmental Review Under CEQA under CEQA Guidelines Sections 15061(b)(3)
Community Goal/Result
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation.
Purpose
To adopt an amendment to the 2023-2031 Housing Element of the General Plan that complies with State law.
Recommendation
Adopt the amendment to the 2023-2031 Housing Element, via adoption of the draft resolution provided in Attachment 2.
Background
The 2023-2031 Housing Element was self-certified and adopted by the City Council on February 2, 2023, the culmination of more than a yearlong update process that involved substantial public outreach and engagement, numerous Planning Commission workshops, and several Planning Commission and City Council hearings. The first draft of the Element was published on August 8, 2022. Following a formal 30-day public comment period and public hearings before both the Planning Commission and City Council, the draft Element was submitted to the State Department of Housing and Community Development (“HCD”) on October 6, 2022. HCD provided comments on the Element’s compliance with the myriad State laws governing Housing Elements in early January of this year. On February 2, 2023, the City Council adopted the Housing Element (including revisions that addressed HCD’s January comments) and certified the Element’s compliance with State law. The adopted Element was then submitted to HCD and HCD provided additional comments to the City on April 5. HCD’s comment letter is provided (Attachment 3).
Those comments require minor revisions that clarify content in the adopted Element or provide specific geographic targets and metrics for some programs. One new program addresses the City’s commitment to study and complete future Municipal Code updates in order to comply with new State laws that went into effect following the Element’s adoption, with which compliance and implementation are mandatory and that will not require land use changes. The City’s responses are provided with this addendum in 70 K.
2023-2031 Housing Element Page 2 of 5
order to obtain HCD certification. No significant changes to the City’s housing opportunity sites inventory or quantified objectives to meet the 2023-2031 Regional Housing Needs Allocation (RHNA) are proposed.
Government Code 65583(c)(1)(A) requires that cities in the Bay Area region obtain HCD certification of their housing elements by May 31, 2023, in order to lock in a three-year timeline to adopt any needed rezonings to comply with the RHNA versus a one-year timeline.
Discussion
Staff met twice with HCD since receiving the April 5 comment letter and worked directly with HCD staff to draft revisions to the adopted Element that address HCD’s April 5, 2023 comment letter. The proposed revisions are shown as redlines and strikeouts in the excerpted Housing Element pages (Attachment 1). An index table shows HCD’s April 5 comments and tracks where the revisions to the Element addressing each comment can be found within the Element (Attachments 4). In summary, the proposed revisions include:
• Providing clarity on the availability, potential for development in the plan period and affordability levels for housing sites that were provided in the Housing Element to meet the Regional Housing Needs Allocation (RHNA). • Providing further details on a number of programs for clarity, or to provide for geographic targets, or achievement metrics (e.g., defining specific neighborhoods and a target number of resident households to provide direct outreach regarding fair housing resources).
• Implementation dates for certain programs were moved to be earlier in the plan period related to providing for transitional and supportive housing and to assisting in the development of housing for extremely low-income households. • A program has been added for the City to update the zoning ordinance pertaining to group homes for persons with disabilities.
• A correction and clarification was made in the discussion of the infrastructure improvement costs as a potential constraint to the development of market-rate infill housing in Central Brisbane.
These revisions are either informational in nature or represent minor revisions to the adopted Element’s housing policies. No new sites are identified in the housing opportunity sites inventory (provided in Appendix B of the Element) and no new land use changes are proposed in the City’s Housing Action Plan (Chapter 5).
Finally, HCD’s April 5 comments and the draft revisions were provided to the public on May 5 and, at the time of this writing, no public comments have been received. Any comments received will be provided to Council for consideration. 71 K.
2023-2031 Housing Element Page 3 of 5
Fiscal Impact
None
Measure of Success
Adoption of a Housing Element for the 2023-2031 planning period that complies with State law for certification by HCD.
Attachments
1. Draft excerpted pages showing revisions to the adopted 2023-2031 Housing Element with changes shown in redline
2. Draft City Council Resolution 2023-XX
3. April 5, 2023 HCD review letter
4. Index detailing responses to April 5, 2023 HCD review letter
5. 2023-2031 Housing Element, as adopted on February 2, 2023, with Resolution 2023-03
____________________________ _________________________
John Swiecki, Community Development Director Clay Holstine, City Manager 72 K.
1. INTRODUCTION
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decreasing the housing capacity of any site, such as through downzoning, if the decrease would preclude meeting the RHNA housing targets. It prohibits moratoria or similar restrictions on housing development. It prevents jurisdictions from establishing non-objective standards and requires demolition of housing units to be accompanied by a project that would replace or exceed the number of units demolished, including replacement of lower-income units. ▪ Surplus Land Act Amendments. AB 1486 and AB 1255 (2019): AB 1486 updates the Surplus Land Act to provide clarity and enforcement intended to increase the supply of affordable housing. It requires the City to include specific information relating to surplus lands in the Housing Element and annual progress reports and to provide a list of sites owned by the City that have been sold, leased, or otherwise disposed of in the prior year. AB 1255 requires the City to create a central inventory of surplus and excess public land, to be reported to HCD and available to the public upon request. The City must also send a description of the notice and negotiations for the sale of land to HCD for review.
▪ Housing Impact Fee Data. AB 1483 (2019): AB 1483 requires jurisdictions to publicly share information about zoning ordinances, development standards, fees, exactions, and affordability requirements and update such information within 30 days of changes. ▪ Housing Element Site Inventory Forms. SB 9 (Chapter 667, Statutes of 2019): Jurisdictions are now required to provide the Housing Element site inventory on forms developed by HCD and send electronic version of their adopted Housing Element to HCD. ▪ Housing Opportunity and More Efficiency (HOME) Act, SB 9 (2022): SB 9 requires jurisdictions to allow up to two residential dwelling units and residential lot splits in single-family zoning districts. It allows for reduced standards, such as setbacks, parcel dimensions and parking. The City must apply objective zoning standards that do not preclude construction of up to two 800 square foot units. To prevent displacement, projects may not demolish any affordable or rent controlled housing, or housing that has been occupied by a tenant within the last 3 years.
Projects that meet the criteria must be ministerially approved.
1.3 PUBLIC PARTICIPATION
Community engagement is essential to the City’s Housing Element planning process. The City must “make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element.”4 The City undertook numerous and varied means to solicit community input:
▪ Monthly Citywide Newsletter: Monthly articles were published through the City’s monthly newsletter, the Brisbane STAR, which is mailed to all residents and businesses and published on the City’s website. These STAR articles provided status updates, announced upcoming events and opportunities to engage in the process, information on how to reach staff, where to find information on the City’s website and how to sign up to be on the notification email list. ▪ Weekly Citywide Email Blast: Workshop and public meeting announcements were included in the City’s weekly “Blast” sent to over 1,300 residents, business representatives, and other community members.
4 Government Code Section 65583(c)(9).
ATTACHMENT 1
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1. INTRODUCTION CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 1-6
▪ Email Notification List: A dedicated email notification list (288 subscribers) was compiled of local and regional stakeholders, based upon input from the 21 Elements countywide Housing Element Update collaboration project, plus other interested parties who proactively signed up to be notified of Housing Element news and public meetings. ▪ City Website: The Community Development Department maintained a webpage devoted to the Housing Element Update process, with links to additional sources of information. Notice of each study session and public hearing was posted on the City’s website and weekly blog. ▪ City Signboards: The City also utilized the two billboard-style, electronic signboards, which are located at the edge of Old County Road/Community Park and at the intersection of Mission Blue Drive and North Hill Drive, to announce workshops and public hearings and other engagement opportunities to reach pedestrians and motorists along these key thoroughfares. ▪ Citywide Mailers: To target a broad range of moderate to lower-income households, notices were sent to all multi-family residential addresses prior to the Planning Commission’s initial workshop series beginning in December 2021, upon the release of the draft Housing Element in August 2022, and again to publicize the City Council’s public hearing on the Draft Element on October 6, 2022.
▪ In-Person Engagement: Leading up to the publication of the Housing Element, Communications and Planning staff tabled at weekly Farmer’s Markets in the Community Park in July and August 2022.
▪ Social Media: The City used its Facebook, Nextdoor, and Instagram social media accounts to push out Housing Element meeting announcements and updates throughout the process.
The draft Housing Element was made available for public review for more than 30 days, from August 8, 2022 to September 9, 2022, prior to the October 6, 2022 public hearing at City Council.
The draft Housing Element was submitted to HCD on October 7, 2022 for review. Following receipt of HCD’s comments on January 4, 2023, HCD’s comments were made available to the public on January 6th and proposed edits to the Housing Element in response to those comments were made available to the public 7 days prior to City Council’s public hearing and adoption of the Housing Element on February 2, 2023. All comments received during and after the 30-day formal comment period were compiled for the City Council’s consideration consistent with Government Code Section 65585(b) (AB 215, Statutes of 2021). Those comments and the City’s responses to them are attached to Appendix E. New and modified programs resulting from public review are reflected in Chapter 5.
Following the City Council’s self-certification and adoption of the Housing Element on February 2, 2023, the Element was submitted to HCD. Then on April 5, 2023, HCD provided additional comments to be addressed prior to their certification. HCD’s April 5 comment letter along with the redlined edits were posted for the public review and comment on the City’s website, emailed to the interested parties list and posted on the City’s social media on May 5. Paper copies of these materials were also made available at City Hall and at the Brisbane Library on May 8. This was more than 7 days prior to City Council’s public hearing on May 18 on the proposed revision to Housing Element and the subsequent resubmittal to HCD for state certification, consistent with the Gov’t Code.
All of the Planning Commission and City Council meetings were video recorded and broadcast live on Zoom, the City’s YouTube channel, and the City’s cable television channel. The video recorded ATTACHMENT 1
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1. INTRODUCTION
1-7
meetings are available on demand on YouTube and were rebroadcast a number of times on the City’s cable channel, as well as archived on the City’s website, to provide greater outreach and opportunities for the public to watch. A list of workshop meeting events and public hearings is provided in Appendix E, Public Participation.
1.4 CONSISTENCY WITH OTHER ELEMENTS
State law requires that all elements of the General Plan be internally consistent. A number of General Plan elements are related to the Housing Element. The Land Use element identifies subareas designated for housing and the density standards and types and intensity of other types of uses. Three other elements address environmental or man-made factors that limit the location or type of housing that can be developed: Safety, Noise, and Conservation. The Safety and Noise Elements address hazards that should be avoided in the location of housing or may require mitigation. The Conservation Element identifies sensitive lands or waterways that should be protected. The Circulation Element establishes the location and scale of streets, freeway connections and other transportation routes that provide access to residential neighborhoods.
To address the requirement for consistency between the various General Plan elements, this Housing Element has been evaluated against the other elements to ensure that no conflicts occur.
Pursuant to SB 162 and SB 244, the City will review and update as necessary, its Land Use, Safety, and Conservation Elements upon completion of the Housing Element to address flood hazards and management, and the provision of services and infrastructure. Pursuant to SB 379, the City will also review and update as necessary its Safety or Local Hazard Mitigation Program (LHMP) and Land Use elements to add information specific to Very High Hazard Severity Zones, as required by SB 182. (See related Program under Goal 4 to “Protect residents from displacement,” Chapter 5, Housing Plan.) ATTACHMENT 1
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ATTACHMENT 1
76 K.
3-1
3. RESOURCES AND OPPORTUNITIES
This chapter of the Housing Element provides an overview of the following to preserve housing and provide for new housing units:
1. Land Resources: Including an overview of the legislative context and Regional Housing Needs Allocation (RHNA) requirements, residential land inventory to meet the RHNA and methodology for the development of the sites inventory
2. Financial and Administrative Resources: Including discussion of the City’s administrative and financial resources to be used to implement the housing goals, policies, and programs described in Chapter 4 to develop adequate housing to meet the needs of all economic segments of the community, to conserve and improve the condition of the existing affordable housing stock, and to affirmatively further fair housing opportunities for all persons regardless of age, sex, race, ethnic background, income, marital status, disability, family composition, national origin, sexual orientation, or gender.
3. Providing for a Variety of Housing Types and Special Needs: Including a summary of the existing and planned zoning and programs to provide for a variety of housing types to meet special needs populations.
3.1 LAND RESOURCES
3.1.1 LEGISLATIVE CONTEXT FOR THE SITES INVENTORY AND OVERARCHING CONSIDERATIONS Government Code Section 65583(a)(3) requires that the Housing Element include “an inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites.” Per Section 65583.2(a), the inventory “…shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels…”.
3.1.1.1 Meeting the Regional Housing Needs Allocation (RHNA) As indicated in the previous chapter, State Housing Element law requires that a local jurisdiction accommodate its share of the region’s projected housing needs for the planning period, the RHNA.
The RHNA and is provided for each jurisdiction and is specific to economic segments of the community. Compliance with this requirement is measured by the jurisdiction’s ability to identify adequate sites to accommodate the RHNA.
Brisbane’s RHNA for this sixth cycle Housing Element update is 1,588 housing units and is allocated by income category as a percentage of Area Mean Income (AMI) as shown on Table 3-1 below.
Where a jurisdiction does not have adequate sites to meet the RHNA with existing zoned sites, the jurisdiction must include a program to rezone adequate sites within 3 years of the beginning of the planning period, by January 2026, per Government Code Section 65583.2(c). Brisbane does not have ATTACHMENT 1
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3. RESOURCES AND OPPORTUNITIES CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 3-2
adequate sites to meet the RHNA and a program is included for rezoning on the Baylands, via adoption of a specific plan which is currently under review by the City.
TABLE 3-1 BRISBANE’S REGIONAL HOUSING NEEDS ALLOCATION
VeryLow-Income Low-IncomeModerateIncomeAbove
Moderate-Income Total
Percentage of AMI <50% 51-80% 81-120% >120% -
2023-2031 RHNA (Cycle 6) 317 183 303 785 1,588
Source: Association of Bay Area Governments’ RHNA Plan, 2021. not have adequate sites to meet the RHNA and a program is included for rezoning on the Baylands, via adoption of a specific plan which is currently under review by the City.
Other Housing Element laws and guidance provide parameters on how sites may be claimed for lower income housing based on minimum density standards established by the City and site size.
Where such standards are not established in current zoning or there is no program to establish such standards, then the City must provide realistic unit capacity calculations, based on the jurisdictions development trends of existing or approved residential developments at a similar affordability level in that jurisdiction, as well as the cumulative impact of standards such as maximum lot coverage, height, open space, parking, and floor area ratios. The capacity methodology must also account for any limitation as a result of availability and accessibility of sufficient water, sewer, and dry utilities.
To meet the targets set by the RHNA, note that the Baylands subarea is designated as a Priority Development Area (PDA) in Plan Bay Area and is ideally located for new residential development both from a city and regional perspective, due to its proximity to and planned enhancements to public transit corridors (Caltrain and San Francisco’s Muni light rail) and easy access to Highway 101.
Completing the rezoning of this site pursuant to the pending Specific Plan, as described in Chapter 5, will provide It is the a key site in meeting the City’s RHNA by dint of its size, its location, its vacant status and the planning that has already been done to prepare this site for development within this 6 th cycle plan period.
After years of careful planning and community engagement, in 2018 the City Council approved General Plan amendments (affirmed by the voters via Measure JJ) to allow a range of 1,800 to 2,200 housing units in the northwest quadrant of the Baylands subarea, centered on the Bayshore Caltrain station.
In 2022, the property owner submitted a draft specific plan for the Baylands proposing development of 2,200 housing units and up to seven million square feet of commercial development. The City is actively processing the applicant’s specific plan submittal to meet the statutory deadline for rezoning to accommodate its 2023-2031 RHNA and has a motivated applicant in the Baylands property owner. An area of emphasis in the specific plan will be to ensure that a substantial component of lower income and special needs housing units are accommodated within the plan area. The estimated schedule for the development of the Baylands during this plan period is as follows:
ATTACHMENT 1
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3. RESOURCES AND OPPORTUNITIES
3-3
Baylands Estimated Schedule:
Key CEQA processing dates:
• October 2023: Draft Environmental Impact Report (EIR) Publication • January – December 2024: Public Review of Draft EIR and hearings on Final EIR/Specific Plan Site Preparation:
• January 2025 – April 2027: Site grading and remediation for entire residential area and commercial areas west of the Caltrain right-of-way
Entitlements:
- January 2025- April 2027: Subdivision map and nondiscretionary housing development permit (ministerial review to confirm compliance with objective standards established in the Specific Plan)
Developer’s Proposed Construction Schedule:
• 2027: 362 dwelling units, plus 1.42M square feet of commercial space • 2028: 1,108 dwelling units
• 2029: 333 dwelling units, plus 1.98M square feet of commercial space • 2030: 108 dwelling units
• 2031: 289 dwelling units, plus 1.1M square feet of commercial space Note that the schedule above represents a best estimate based on known conditions at the present time. In the event unforeseen issues beyond the City’s control occur in regard to permitting requirements of state, regional, or other outside agencies, the schedule may be subject to potential revision. Thus, while the City has and continues to work with the developer in completing the entitlement and permitting processes, the City is not in a position to guarantee the tentative schedule outlined above will be achieved.
Further details on the Baylands rezoning work are provided in the sections below.
3.1.1.2 Affirmatively Further Fair Housing (AFFH) Considerations New requirements to Affirmatively Further Fair Housing (AFFH; AB 686) dictate that the City avoid, to the extent possible, the location of potential affordable housing in the inventory in a manner that would exacerbate existing concentrations of poverty, as well as contribute to increasing the number of lower -income households in lower-income neighborhoods. The City must also consider locating housing away from environmental constraints such as sea level rise, and near areas of higher or ATTACHMENT 1
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3. RESOURCES AND OPPORTUNITIES CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 3-4
highest opportunities, including quality schools, parks, and educational opportunities. The State indicates that jurisdictions need to consider the following factors when determining the best locations for affordable housing:
1. Proximity to transit.
2. Access to high performing schools and jobs.
3. Access to amenities, such as parks and services.
4. Access to health care facilities and grocery stores.
5. Locational scoring criteria for Low-income Housing Tax Credit (TCAC) Program funding.
6. Proximity to available infrastructure and utilities.
7. Sites that do not require environmental mitigation.
8. Presence of development streamlining processes, environmental exemptions, and other development incentives.
One measurement tool to evaluate neighborhood amenities and resources is the TCAC Opportunity Area Map. The entirety of Brisbane is listed as a Moderate Resource area per the mapping tool.
Accordingly, the Sites Inventory, which includes properties citywide complies with these requirements as the sites identified as suitable for lower income housing in Brisbane are located in a moderate resource area.
3.1.2 SITES INVENTORY
Vacant and non-vacant, underutilized parcels in Brisbane were inventoried to determine what land is available for development at various levels of density per Government Code Section 65583.2(a).
Types of sites included:
1. Vacant sites zoned for residential use.
2. Vacant sites zoned for nonresidential uses that allow residential development.
3. Residentially zoned sites, including non-vacant sites, underutilized sites, and non-residentially zoned sites with a residential overlay, that are capable of being developed at a higher density.
4. Sites zoned for nonresidential use that can be redeveloped for residential use and for which a program is included in Chapter 5 to rezone the site to allow residential use.
Each site or aggregation of sites was analyzed to determine the likelihood and feasibility of development during the period 2023-2031. Factors such as underperforming or vacant uses, owner or developer interest, age and size of current improvements, site size, and site constraints were taken into account in determining realistic development capacity.
Most of the City's inventory for meeting the RHNA falls within a large, multi-parceled site in the Baylands subarea with extraordinary potential for residential development. The site is owned by a single landowner/developer who is actively pursuing development of the site with housing via a Specific Plan currently under review by the City that proposes 2,200 housing units in addition to significant commercial and parkland development. This vacant site requires substantial ATTACHMENT 1
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environmental clean-up, for which Remedial Action Plans have been approved by both the State Department of Toxic Substances Control1 and the Regional Water Quality Control Board, with an estimated clean-up timeframe of three to four years.
2 Although the owner of this site is actively
pursuing development, the site is not categorized as a “pipeline” project under state housing law, but it is a rezoning site per Government Code Section 65583.2(a)(4), which will be accomplished via Specific Plan adoption (see the estimated schedule in Section 3.1.1.1, above).
The City’s General Plan allows for the development of 1,800 to 2,200 residential units within the Baylands subarea, and a Specific Plan is currently under review by the City to rezone the site to allow residential development by-right, consistent with the General Plan, as well as objective design standards also to be established by the Specific Plan. The City will adopt the Baylands Specific Plan within the first three years of the plan period in accordance with Government Code Section 65583.2(c) (see Chapter 5, Housing Plan, Program 2.A.2). After extensive environmental investigations and given the approved remedial action plans, there are no known environmental conditions that would preclude residential development as provided for in this Housing Element cycle, nor are there or other conditions that would preclude development.
The next largest group of sites with housing development potential are those within the Parkside overlay districts (PAOZ-1 and PAOZ-2 districts), adopted in 2018 during the 5th Housing Element Cycle to accommodate a previous shortfall in the 4th Housing Element cycle. The sites within this district are non-vacant sites zoned for by-right residential development at minimum densities of 20 and 24 du/ac without discretionary design approval, provided projects comply with the objective design standards established in the district regulations and the accompanying Parkside at Brisbane Village Precise Plan. These sites are strategically located near downtown Brisbane, the Community Park, and other community amenities. Due to the age of current structures on the sites, low intensity of existing warehouse and office uses, and developer interest, the City considers these sites to have high potential for redevelopment within the planning period. Detailed analysis regarding the availability and suitability of these sites is provided in Appendix B, Section 4.4, and Table B.7.4.
There are also a number of infill sites in the greater Central Brisbane area, including Brisbane Acres and Southwest Bayshore, that are generally smaller and have some development potential. Some sites in these areas have little or no opportunity for aggregation and/or are heavily constrained sites and were considered, but ultimately not identified in the sites inventory towards meeting the RHNA due to these constraints. This especially pertains to the vacant upper areas of the Brisbane Acres that are not served by existing infrastructure.
While the City has seen an increase in the production of Accessory Dwelling Units (ADUs) in recent years, due to a number of recent ordinances that have made development of these units more feasible, they still make up the smallest group in the sites inventory.
The development potential provided for this 6th Cycle RHNA was determined to total 2,220 housing units, as detailed by subarea and income category in Table 3-2, which provides a high-level summary 1 Adopted by DTSC on 10/5/2021; View Documents (ca.gov) 2 Adopted by RWQCB on December 17, 2021; Brisbane Baylands OU-2 Electronic Repository (baylandsou2.com) ATTACHMENT 1
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of the sites listed on the Sites Inventory broken down by income. Figure 3-1 shows a map of where each site is located within the city and the housing opportunity areas.
TABLE 3-2 SITES INVENTORY AND AFFORDABILITY BREAKDOWN
Subareas Total Units Very-Low Low Moderate
Above
Moderate Pipeline
Baylands 1,800 145 82 287 1,286 -
Parkside 246 159 87 0 0 -
Central Brisbane 134 1 2 4 127 39
ADUs 40 12 12 12 4 -
Totals 2,220 317 183 303 1,419 -
Source: Housing Resources Sites Inventory (Appendix B).
In summary, the Sites Inventory was developed to meet all applicable statutory requirements and provide a realistic and achievable roadmap for the city to meet and exceed its RHNA. The Sites Inventory is summarized as follows:
1. The housing sites are spread throughout the city, with all located in a moderate resource area, to meet AFFH requirements.
2. The housing projections utilize existing land use and zoning densities.
3. It includes conservative production and density assumptions for the identified housing sites.
4. The City has a significant rezoning project that is anticipated to be completed by the end of this housing cycle via adoption of a Specific Plan to allow by-right development of 1,800 to 2,200 housing units at densities of at least 20 du/ac.
5. The housing projections do not have any reliance on new units developed under Senate Bill (SB) 9.
6. The housing projections have a low reliance on new ADU production.
7. Less than 50% of the low income RHNA is accommodated on nonvacant sites.
The analytical process that went into creating the Sites Inventory and the justification for commercial site redevelopment are fully detailed in Appendix B, Sites Inventory Approach and Methodology and the full list of sites adequate for housing development identified by the City is included in as Table B.7.2.
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Brisbane’s Sites Inventory for future housing includes property zoned for development of single and multi-family that is currently vacant as well as land that is otherwise underutilized or nonresidentially zoned and/or vacant. All of the city's below market rate housing would be developed on land that is underutilized or vacant, with 51% coming from vacant land within the Baylands subarea, as shown in Table 3-3
3 .
TABLE 3-3 PERCENTAGE OF LOWER INCOME RHNA ON NONVACANT SITES Brisbane’s Lower Income RHNA 500
Units in Pipeline Projects 2
ADUs 24
Capacity on Vacant Sites 227
Total Capacity of Lower Income RHNA (Not Related to Nonvacant Sites) 253 Capacity on Nonvacant Sites to be Rezoned 247
Percentage of Lower Income RHNA Capacity on Nonvacant Sites 49% Source: Housing Resources Sites Inventory (Appendix B).
3.1.3 COMMITMENT TO FAIR HOUSING
State Assembly Bill (AB) 686 requires an analysis of sites identified to meet RHNA obligations for their ability to affirmatively further fair housing. A detailed analysis of the City’s sites inventory from an AFFH lens is provided in Appendix C, Section V. Table B.7.4 of Appendix B provides a summary of the information available through ABAG’s HESS mapping tool for evaluating the fair housing impacts of the RHNA sites chosen. In brief, per ABAG’s HESS mapping tool, Brisbane has no substandard housing, no racially or ethnically concentrated areas of poverty or affluence, and the displacement risk is “stable moderate/mixed income.” Furthermore, 37% of households earn less than 80% AMI, 9% of households have a disability, 29% of households are cost burdened, and 1% of households are over-crowded.
Generally, the City’s projected low-income housing capacity are in areas with equal access to existing resources in the city, and greater access to planned improvements and resources in the Baylands subarea (e.g., enhanced public open spaces, high quality transit access, and new residential neighborhoods) than the remainder of Central Brisbane.
3.1.4 DISTRIBUTION OF UNITS BY AFFORDABILITY AND “NO NET LOSS” Because of new rules in the Housing Accountability Act's "No Net Loss" provisions (SB 166 of 2017), the land inventory and site identification programs in the Housing Element must always include sufficient sites to accommodate the unmet RHNA, in terms of the number of housing units, as well as the level of affordability. When a site identified in the Housing Element as available for the 3 Refer to Appendix B for a more complete analysis showing the City of Brisbane does not rely on nonvacant sites to accommodate 50 percent or more of its housing need for lower income households.
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development of housing to accommodate the lower-income portion of the RHNA is developed at a higher income level, the locality must either:
1. Identify and rezone, if necessary, an adequate substitute site, or
2. Demonstrate that the land inventory already contains an adequate substitute site.
Brisbane’s Sites Inventory includes capacity for 2,220 units, for an excess capacity of 632 units, or a buffer of 40% over the City’s RHNA to accommodate unmet RHNA throughout the planning period.
The Sites Inventory also includes the minimum number of 1,800 units allowed on the Baylands, consistent with Measure JJ and the General Plan. This provides a secondary buffer of another 400 units since a total of 2,200 units could be permitted in the Baylands subarea and is currently proposed by the developer. If 2,200 units are ultimately approved with the Specific Plan adoption, a buffer of 65% would be provided, well beyond HCD’s recommended 15 to 30%.
3.2 REGULATORY AND FINANCIAL RESOURCES
This section describes the inventory of resources available to help the City of Brisbane meet the community’s housing needs, as required by Government Code Section 65583(a). These administrative and financial resources implement the housing goals, policies, and programs described in Chapter 5, Housing Plan. They are to develop adequate housing to meet the needs of all economic segments of the community, to conserve and improve the condition of the existing affordable housing stock, and to affirmatively further fair housing opportunities for all persons regardless of age, sex, race, ethnic background, income, marital status, disability, family composition, national origin, sexual orientation, or gender. Cross references to applicable programs found in Chapter 5 are provided in the subsections below.
Brisbane’s regulatory and financial resources fall into four types, as described below:
1. Encouraging housing production.
2. Subsidizing housing cost.
3. Fair housing anti-displacement.
4. Housing quality.
3.2.1 ENCOURAGING HOUSING PRODUCTION
As demonstrated in the adequate sites analysis and rezoning program described above, the city’s zoning will accommodate residential development at densities and household income levels that would meet the community’s housing needs. However, with zoning established, the real estate market then dictates where investment will go and therefore what types of units are produced at any given time. In Brisbane and the Bay Area in general, housing produced by the market (“marketrate”) is priced far above what very-low, low- and moderate-income households can afford.
Critically, the cost of building housing in the San Francisco Bay Area remains one of the greatest constraints to housing availability at all income levels for all household types. Lack of affordable housing particularly affects those with special needs, including seniors, persons with disabilities, and large and single-parent households.
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4. HOUSING CONSTRAINTS
This chapter of the Housing Element analyzes potential constraints upon the maintenance, improvement and development of all types of housing for households of all income levels and needs.1It includes the following sections:
1. Governmental Constraints: Those that would hinder the City from meeting its share of the regional housing need and from meeting the housing needs for persons with disabilities, including developmental disabilities, specifically must be analyzed and eliminated.
2. Nongovernmental Constraints: These are largely related to the cost to develop housing, which is driven by the price of land, the cost of construction, the availability of financing and environmental or physical conditions.
4.1 GOVERNMENTAL CONSTRAINTS
The primary purpose of a city is to provide municipal services and to protect the health, safety and welfare of its citizens. Consistent with this organizational raison d'être, the City of Brisbane has a legal obligation to abide by and implement numerous federal, state, regional and county policies, programs, and regulations related to housing. In order to carry out its obligations and provide for public safety, the City must also generate sufficient revenues.
The discussion provided in the sections that follow focuses on these powers and obligations and examines to what extent the following constraints to housing may be reduced or eliminated:
▪ Land use regulations: zoning standards such as parking, height limits, setbacks, lot coverage and minimum unit density.
▪ Codes and enforcement: local amendments to California Building Code, degree or type of enforcement.
▪ On/off-site improvements: required street widening and circulation improvements. ▪ Fees and exactions: permit and impact fees, such as park in-lieu fees and other financial impositions on development applications.
▪ Permit processing procedures: permit approval process, including discretionary review procedures, permit application review timeframes, etc.
▪ Constraints to housing for special needs households: this includes housing for persons with disabilities, supportive and transitional housing, and emergency shelters and constraints may include reasonable accommodation procedures, zoning and building codes. 1 Government Code Section 65583(a)(5) and -(6).
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4.1.1 LAND USE REGULATIONS
4.1.1.1 The General Plan
The State of California requires all cities to adopt a general plan, of which the housing element is a central component and the only component of the general plan that must be regularly updated. The closely related land use element of the general plan, as described in Government Code Section 65302(a):
Designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space… education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. … The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan.
Brisbane’s General Plan was adopted in 1994. The Land Use Element was last amended in 2019, consistent with approval of Ballot Measure JJ in 2018. That Measure allowed for residential development of 1,800 to 2,200 dwelling units on the Baylands subarea. Note that prior to Measure JJ, City Council certified a Final Environmental Impact Report for the General Plan Amendment. No additional amendments are anticipated to implement rezoning to meet the sites inventory identified in Chapter 3, Resources and Opportunities, although a Specific Plan will be required for the Baylands and is under review in order to establish the zoning. Other areas designated for housing in this Housing Element are also already consistent with the General Plan land use designations provided in the Land Use Element. Also, a program is included to review and amend as may be needed, the Safety and Conservation Elements by January of 2027.
See Programs 2A.2 and 4.A.13.
4.1.1.2 The Zoning Ordinance
Zoning regulations implement the land use policies established in the Land Use Element of the General Plan on a parcel-specific basis. For sites zoned for residential or mixed-use development, zoning regulations control the type and density of residential development on a site and therefore affect the land cost per unit, as land is typically marketed at a value commensurate with its development capacity.
Residential Development Standards
Residential development standards provided in the zoning ordinance control housing density and provided controls on the building form. The City’s current residential development standards for the zoning districts permitting residential and mixed uses are provided in Appendix B, Table B.4.2.
In those districts allowing multi-family housing, some standards in specified districts may pose a constraint on the development of affordable units. For example, in Central Brisbane the maximum height limit of 35 feet in the NCRO-2 District, or 28 to 30 feet in the R-2 and R-3 District depending on the slope of the lot, typically accommodate at most a three-story structure. Given the need to accommodate on-site parking and the relatively small lot size of properties in the R-2, R-3, and ATTACHMENT 1
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NCRO-2 zoning districts, generally 2,500 to 5,000 square feet, the resulting two stories of residential development over one level of ground floor parking can constrains the ability to accommodate the number of units necessary for an affordable housing project to be economically viable given the cost of construction. Three-story market-rate residential developments constructed in the NCRO-2 and R-3 districts recently constructed include 661 San Bruno Avenue (4 units), 124 San Bruno Avenue (3 units), 1 San Bruno Avenue (15 units), and 18 Visitacion Avenue (2 units, permit issued 2022).
Considering these development trends, height regulations are not considered a constraint to typical multi-family and mixed-use housing developments.
In informal discussions with non-profit housing developers regarding the potential to develop Cityowned lots for affordable housing in Central Brisbane, a four to five story height limit has been identified as necessary in order to accommodate required parking and for the project to be economically feasible given the costs of construction. Based on discussions with non-profit housing developers, three-story affordable housing development is feasible primarily on lots much larger than those found in Central Brisbane. However, there are three examples of affordable housing projects developed on typical lots in Central Brisbane, as follows:
Affordable Housing Developments in Brisbane Under Three Stories Site Address Number of Units Developer Stories Lot Size 8 Visitacion Ave. 14 BRIDGE Housing Two 18,000 sq ft
22-38 Plumas St. 5 Habitat for
Humanity
Two 10,000 sq ft
15 Glen Park Way
(developed with
720 San Bruno
below)
1 Habitat for
Humanity
Two 2,800 sq ft
720 San Bruno Ave.
(developed with 15
Glen Park Way
above)
1 Habitat for
Humanity
Two 2,500 sq ft
As demonstrated by the above development precedents, the city’s height limits have not constrained affordable housing development in Brisbane. In cases where an affordable housing development may require additional height to be economically feasible, the City’s density bonus ordinance would be utilized to allow development of the site at the requisite density at heights that exceed the underlying district standards without the need for discretionary approval (I.e., as an incentive, concession, or waiver of development standards).
The Parkside PAOZ-1 and PAOZ-2 overlay zoning districts have maximum height limits of 38 feet and 40 feet, respectively, with a maximum of three stories. However, the Parkside areas have significantly larger lot sizes to be able to accommodate parking, and the PAOZ-1 and PAOZ-2 ATTACHMENT 1
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district’s form-based zoning to standards provide for greater certainty for developers., and bBuilding heights are not considered impediments to development in these zoning districts. 2 Considering the track record of affordable and Mmarket-rate residential development (single-family or multi-family) in Brisbane to date, does not housing development does not appear to be constrained by the density and form controls of the zoning ordinance., as evidenced by Rrecent construction trends are provided in the building permit history (see Appendix A, Table A.2).
Additionally, despite the above referenced cases of affordable housing in two story developments, in order to further facilitate development of affordable housing, a new Program 2.A.12 has been added to Chapter 5, to amend the zoning ordinance to increase the maximum heights to at least 36 feet in all districts allowing multi-family residential uses. This is intended to facilitate three-story developments. Where higher height limits are already permitted, such as the Parkside POAZ-1 and POAZ-2, the higher height limits will be retained.
A typical multi-family development scenario in Central Brisbane (R-3 Residential District) is provided below, based on a typical lot size of 10,000 square feet:
Lot Size Max.
Units
Max. Floor
Area
Front
Setback*
Side
Setback*
Rear
Setback*
Max. Lot
Coverage
Max.
Height
Min.
Landscap
ing
10,000
sq ft
6 7,200 sq ft
(0.72 FAR;
up to 400 sq
ft of garage
area
excluded)
15 ft 5 ft 10 ft 6,000 sq
ft (60%)
28-30 ft
(dependi
ng on
slope)
15% of
front
yard;
10% of
total site
* Setback requirements do not apply to uncovered parking areas.
Assuming a construction cost of $522/sq ft (see Section 4.2.2 of this Chapter), construction costs for this project would be approximately $3.76 million, or $626,400 per unit. Given market-rate developers’ return on investment requirements, this project would result in units affordable to above-moderate income households for five of the units, while one unit would be required to be affordable to either low or moderate income households depending on project tenure per the City’s inclusionary housing ordinance.
A typical multi-family development scenario in the Southwest Bayshore neighborhood (SCRO-1 District) is provided below, based on a lot size of 43,560 sq ft:
Lot Size Max.
Units
Max.
Floor
Area
Front
Setback
*
Side
Setback
*
Rear
Setback
*
Max.
Lot
Coverag
e
Max.
Height
Min.
Landsca
ping
Min.
Open
Space
2 Parkside Precise Plan, 2017; Economic Feasibility White Paper ATTACHMENT 1
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43,560
sq ft
30 N/a 10 ft 5 ft 10 ft 15,820
sq ft
(70%)
35 ft 2,260 sq
ft (10%)
377 sq
ft (60 sq
ft/ unit)
* Setback requirements do not apply to uncovered parking areas.
Assuming a construction cost of $521,500/unit (see Section 4.2.2 of this Chapter), construction costs for this project would be approximately $15.65 million, or $522,000 per unit. The project would also be subject to the City’s inclusionary housing ordinance, and two of the units would have to be affordable to either one low and one moderate income household (for-sale development) or one very low and one low income household (rental development).
In either scenario, the developer may request a density bonus and/or incentives, concessions, or waivers of development standards (including building height or on-site parking) that may reduce the cost of construction per unit. Affordable housing developers, while not subject to the same ROI requirements as market-rate developers, would likely pursue a density bonus and requisite incentives, concessions and waivers of development standards to make the project more economically feasible and reduce required development subsidies. The City’s land use controls are not anticipated to prevent development of typical infill sites in the City’s mixed-use and multi-family residential districts.
Parking Requirements
During the 2015-2022 planning period, the City updated its parking requirements to uniformly tie them to unit floor area and/or number of bedrooms for all types of residential dwellings, in part to encourage smaller, more affordable units.
The parking ordinance currently provides reduced parking ratios for housing developments targeted toward lower-income and moderate-income households, senior households (aged 62 or older), and disabled households. However, due to Central Brisbane’s limited transit accessibility, the community has found it challenging to further reduce parking requirements for new residential development.
The Bayshore Caltrain station is over 1½ miles from Central Brisbane’s residential core, with limited shuttle connections and pedestrian or bicycle facilities and SamTrans bus route 292 has limited headways in excess of 15 minutes during commute hours.
The current parking standards are provided in Table 4-1.
Exceptions to the parking requirements are provided for special needs populations, in BMC Section
17.34.050. These include:
▪ Housing for disabled households: One assigned van-accessible parking space (either covered or uncovered at the discretion of the applicant) per dedicated unit. ▪ Housing for seniors (62+): 67% of the standard requirement.
Reductions in the parking standards may also be granted as an incentive or concession under the City’s density bonus ordinance.
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planning period. This subsection also addresses opportunities for water and energy conservation as a means of minimizing the impact of these utilities upon the provision of housing.
See Programs 6.A.2, 6.A.3, and 7.A.6.
4.1.3.1 Infrastructure Improvements
Streets
Street improvements are frequently required for new residential development within Central Brisbane. Such development occurs as in-fill within established neighborhoods, with existing streets.
Public rights-of-way are generally 40 feet in width and with some exceptions are typically not improved to their full width. Street standards require a minimum improved travel way of 20 feet, plus additional width if on-street parking is permitted. Most of Central Brisbane’s established neighborhoods do not meet current standards and many private improvements encroach within the right of way (including driveways, garages, accessory structures, and fences. This results in very narrow paved travel ways with limited on-street parking and can result in bottlenecks and impede access for emergency vehicles. Additionally, the city’s sidewalk and bicycle network is fragmented in residential neighborhoods outside of the city’s primary arterials. In the Brisbane Acres subarea, most sites are accessed by a network of private streets and driveways, a legacy of the subarea’s development without benefit of a recorded subdivision map.
As a result, the City has adopted requirements for new development or substantial renovations of existing structures to incorporate street widening at the development site’s frontage to the California Fire Code’s 20-foot minimum width, as well as other improvements such as sidewalks and/or bicycle facilities, as appropriate. The standard triggers for street widening/dedication are:
▪ Reliance upon on-street parking on streets that are not wide enough to meet the on-street parking standards (BMC Sections 12.24.010.B.1 and 17.34.010); ▪ Additions or alterations in excess of 50% of the gross floor area of the pre-existing building or structure, or where more than 75% of the existing area of interior walls and ceilings are removed (BMC Chapter 15.10 and Section 17.01.060.C.1) and ▪ Additions exceeding 100 square feet to an existing building on a private street (BMC Section
17.01.060.B.4).
Typical projects triggering street improvements in Central Brisbane is summarized below:
Project Type Floor
Area
Project
Valuation
Existing
Condition
Required Street
Improvement
Applicant Cost
of Street
Improvement
% Increase of
Project Cost
Addition to
SFD
exceeding
50% existing
gross floor
area
1934 sq
ft
$500,000 50 ft
frontage
on PROW
with
substand
ard width
Widening to 20
ft along frontage
$50,000 10%
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New SFD 42003,60
0 sq ft
$650557,
000
10050 ft
frontage
on PROW
with
substand
ard width
Widening to 28
ft along frontage
$2100,000 3118%
Abbreviations:
SFD: single-family dwelling
PROW: Public right-of-way
Based on available permit data, road widening costs in Central Brisbane average approximately $2,000 per linear foot of property frontage regardless of the project type. Based on development trends (see Appendix A, 2015-2022 building permit data), street improvement requirements have not imposed a significant constraint to housing development. Note that in the upper hillside streets of Central Brisbane, generally in the R-1 district where streets are substandard, the City requirements are those that are minimal for life-safety, to allow for fire apparatus access. Also, since these are public streets, such street widening is only required along the frontage for the specific development site and not the length of the street beyond the site. For the lower streets of Brisbane, in the districts where multi-family residential development is permitted, street widening is even less of a factor in the project development costs, since the streets are generally already wider and the terrain is flatter.
Exemptions from street widening are available for new accessory dwelling units (ADUs) resulting from conversion of existing floor area in a home or accessory structure, as well as any new construction of ADUs that represents less than 50% of the existing gross floor area of the home (BMC Chapter 15.10). Maximum street slope for emergency vehicle access is 15%, with limited exceptions. Sidewalks are required where terrain permits, generally on the lower elevation streets.
These requirements have not proven to be a significant obstacle to development of market-rate, single-family homes which continue to be built on steep lots, such as those found on Humboldt Road and other streets in upper Central Brisbane (see building permits for 2015-2022 in Appendix A).
Additionally, exemptions from street widening are available for new accessory dwelling units (ADUs) resulting from conversion of existing floor area in a home or accessory structure, as well as any new construction of ADUs that represents less than 50% of the existing gross floor area of the home (BMC Chapter 15.10).
In the Brisbane Acres, R-BA district, wWhere existing substandard private roadways are to be dedicated to the public, the entire length from the development site to the nearest public street must be improved to City standards, with turnaround capability as required by the Fire Chief. For those private roadways (including Annis, Gladys and Harold Roads and Joy, Margaret, and Paul Avenues) having a potential right-of-way width less than the State’s 40-foot standard, special findings must be made for approval by the City Council, per BMC Section 12.24.010.D, unless additional right-of-way is dedicated by the abutting property owners.
Street improvement projects of this magnitude would typically be dependent upon the cooperation of the other property owners along the private roadway, who would have to agree to the formation of an assessment districts to take on such a project. To address this situation, the City encourages ATTACHMENT 1
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the formation of assessment districts where appropriate (1994 General Plan Program 51a). Given the infrastructure constraints in the areas not directly serviced by public roads, the vacant sites in these areas have not been included in the sites inventory. In part because of these technical challenges, a program has been included to consider amending the density transfer ordinance provisions to allow for sending sites from this district to other more viable Central Brisbane districts for housing development (see Program 2.G.1). Finally on the Brisbane Acres, given the technical lifesafety challenges related to access, development of new units is not used in the sites inventory as a factor in meeting the City’s RHNA, although there are some sites close to or abutting public infrastructure that may be viable for development in this cycle.
Within the Baylands, the proposed residential development areas are currently bounded by Bayshore Boulevard to the west and Tunnel Avenue to the east. A finer grained network of blocks is planned, as shown in Chapter 3, Figure 3.1.b, from the draft Specific Plan. This will provide walkable blocks, to be centered on the CalTrain Bayshore station, and to be developed to current standards.
See Programs 2.A.2 and 2.G.1.
Water, Sewer, and Storm Drain Infrastructure
Water, sewer, and storm drain infrastructure are not constraints to housing development in the 2023-2031 planning period. While residential development in Brisbane depends on aging sewer, water, and storm drainage infrastructure, the City, through its Capital Improvement Program, typically provides for the maintenance, upgrade and replacement of residential infrastructure in annual increments, as funds are available. The CIty does not currently impose infrastructure impact fees, and improvements to sewer, water and storm drain lines by private developers are proportional to those systems affected by the project.
Typical projects triggering off-site water, sewer, and storm drain upgrades in Central Brisbane are summarized below:
Project
Type
Project Sq Ft Required Improvement Improvement Cost
(Charged as
Impact Fee)
Cost per sq ft
New SFD 3,100 sq ft Water and sewer capacity
charge
$9,181 $2.96/sq ft
New MFD 80,000 sq ft Water and sewer capacity
charge
$58,748 $0.73/sq ft
Abbreviations:
SFD: Single-family dwelling
MFD: Multi-family dwelling
Considering high-end construction cost assumptions of $522/sq ft (See Section 4.2.2 of this Chapter), the cost of required water, sewer, and storm drain upgrades is a small fraction of total construction costs.
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Brisbane contracts with the City and County of San Francisco for treatment of dry weather sewage flows for residentially zoned areas. Brisbane’s sewage is pumped to the Southeast Wastewater Treatment Plant. The City’s Sewer Master Plan projects that dwelling units in medium density apartment complexes, multiple use residential projects, and planned developments generate 90 gallons per day (gpd), while single-family homes generate 105 gpd per dwelling unit (gpd/du).
Sewer treatment capacity for projected residential development over the planning period outside of the Baylands subarea is accommodated under the City’s current agreement with the San Francisco Public Utilities Commission. For the Baylands, a sewer/water recycling facility is required to provide on-site sewer treatment. The Baylands Specific Plan under review by the City includes location and design details for the facility.
See Program 2.A.2 and 2.B.6.
4.1.3.2 Water Supply
Water supply in general is not considered a constraint for the infill housing development envisioned during the planning period of this Housing Element. The Baylands is the only vacant site identified for development within the planning period that is not served by existing water infrastructure at scale with its contemplated redevelopment of up to 2,200 units, 7 million square feet of commercial development, and 130 acres of open space and recreation facilities. As a condition of any development on the Baylands, the General Plan requires that adequate additional water supply be provided via legally enforceable agreements negotiated by the developer. The Baylands developer has a memorandum of understanding (MOU) with Contra Costa Water District to purchase water rights to serve the Baylands development, to be conveyed through the SFPUC system. A resolution and formal agreement is anticipated to be completed in 2023. The water demand generated by the Baylands was evaluated in compliance with Government Code Section 66473.7, Public Resource Code Section 21151.9, and Water Code Sections 10910-10912 in the Baylands Draft EIR.
The City of Brisbane receives its water supply from the City and County of San Francisco’s Hetch Hetchy reservoir and water delivery system as a member of the Bay Area Water Supply and Conservation Agency (BAWSCA) through various agreements. Based on the City’s water demand projections through 2040, including all anticipated housing and commercial development outside of the Baylands subarea, there is adequate supply for all projected residential and commercial development outside of the Baylands subarea under its contractually guaranteed supply through BAWSCA.
The per capita water consumption rate for calendar year 2021 was 43.2 gallons per capita per day— one of the lowest residential rates on the San Francisco Peninsula. A program is included in the Housing Element to continue to encourage water conservation. In addition, the City’s landscape requirements are minimal (typically only 15% of the front setback area), with credit given for nonwater-consuming ornamental materials.
Per Government Code Section 65589.7, housing with units affordable to lower-income households will be granted priority water and sewer service via Housing Element Program H.B.3.j.
See Program 2.B.6 and 6.A.3.
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4.1.5 CONSTRAINTS TO HOUSING FOR PERSONS WITH DISABILITIES Given the accessibility challenges presented by Brisbane's terrain, it is important that the City’s ordinances allow flexibility in terms of accessibility in housing designed for, intended for occupancy by, or with supportive services for persons with disabilities.
Reasonable Accommodations
Requests for reasonable accommodations are provided under BMC Chapter 17.32. The Accessibility Improvement Permit (AIP) or height exception permit, as applicable, are processed by the Zoning Administrator subject to an administrative hearing with 10 days mailed notice to adjacent property owners. One hearing is typically required. The process provides for reasonable accommodation of modifications to zoning regulations such as setbacks, lot coverage, or height for alterations to housing persons with disabilities with minimal delay and cost to the resident. The findings made by the Zoning Administrator for an accessibility-related height exception include:
1. The exception is necessary to meet special needs for accessibility of a person having a disability which impairs his or her ability to access the property.
2. Visual impacts of the accessibility improvements exceeding the height limit will be minimized.
3. The accessibility improvements will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise or glare.
4. The accessibility improvements will be constructed in a sound and workmanlike manner, in compliance with all applicable provisions of the building and fire codes.
The approval findings are tailored to ensure the accessibility needs of the resident are met while minimizing potential impacts to neighboring properties to the extent feasible without compromising the necessary access improvements. The City has approved all AIP and exception permits submitted under the reasonable accommodation ordinance since 2005.
In 2016 the City adopted an ordinance that reduced the parking requirements for units designed and dedicated for use by persons with disabilities, as well as seniors.
Exceptions to the building codes are processed by the Building Official or his/her designee.
Applications for accessibility retrofitting are given the highest priority in terms of building permit processing.
For some persons with disabilities, the need for housing can be at least temporarily met through transitional housing, supportive housing (including single-room occupancy units), emergency shelters and convalescent homes. The Municipal Code allows all these types of housing in districts where residential development is allowed. The Municipal Code, through its definitions of “dwelling” (BMC Section 17.02.235), “family” (BMC Section 17.02.285) and “group care home” (BMC Section
17.02.370), treats group care homes for six or fewer persons (regardless of relationship) as singlefamily residences:
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"Family" means one or more persons, related or unrelated, occupying a dwelling unit and living together as a single housekeeping unit. The term shall not include a group of persons occupying a fraternity or sorority house, club, hotel, motel, convalescent home, group care home or institution of any kind.
The definition of family does not limit the number of persons to be considered a part of the family unit, nor does it require such persons to be related. "Group care home" means an establishment licensed by the state to provide twenty-four (24) hour nonmedical care for seven (7) or more persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "dwelling, single-family" for six (6) or fewer persons. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twentyfour-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
As noted above, group homes of six or fewer persons are also defined as the same as single family dwellings and treated no differently in the same districts. Group care homes (for seven or more persons) are conditionally permitted in all residential and mixed-use districts (Appendix B, Table B.4.2). This requirement for a Use Permit has not constrained provision of the services typically associated with group homes. The findings for Use Permit approval have not proven to be an obstacle for any large group care home applications received to date. The City has no requirement that such homes be located a specified distance from one another, as evidenced by the previous approvals of two such homes next door to one another in the Southwest Bayshore subarea (page II-5). The Use Permits for those two projects were approved in 1½ months subject to a minimum of conditions. Note that the only finding for approval of a conditional use permit in any of the districts, as provided in BMC Section 17.40.060, addresses whether the use would be “detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city”. Such a finding would not typically be of concern in housing individuals that require care in a group home environment. Despite that, Program 2.A.11 has been included to amend the definitions and district’s use provisions to remove the requirement for a conditional use permit for group homes of seven or more persons and allow group homes by right in all districts allowing residential uses.
As noted in Chapter III, there were 26 persons with developmental disabilities in Brisbane in 2020, all of whom lived with their families or caregivers rather than independent or assisted living facilities. Types of housing which may be appropriate for persons with developmental disabilities include licensed and unlicensed single-family homes and group care homes, particularly when made ATTACHMENT 1
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4. HOUSING CONSTRAINTS CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 4-24
affordable through rent subsidies, Housing Choice vouchers and other special programs. Such housing should be designed to be accessible and located close to services and transit.
See Programs 2.A.11, 2.B.1, 2.B.2, 2.D.1, and 2.E.1 and 7.A.10.
4.2 NON-GOVERNMENTAL CONSTRAINTS
The primary non-governmental constraint to the development of housing in Brisbane is the cost to develop housing, which is driven by four major components:
▪ the price of land,
▪ the cost of construction,
▪ the availability of financing
▪ environmental and physical conditions.
While these factors constrain development of housing of all affordability levels, the impact on development of affordable and special-needs housing by non-profit developers is especially acute.
Such developers generally have less capital to purchase developable land and finance construction using a patchwork of Federal, State, local, and private funding sources.
The cost to develop housing creates a gap between the City’s planning for the development of housing for all income levels and the construction of that housing and is often responsible for the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development.
Contributing factors to the cost of construction include environmental constraints and infrastructure constraints. The Brisbane Acres subarea includes a number of large vacant lots, generally approximately 1-acre each, but these are within an environmentally sensitive area which is regulated by the San Bruno Mountain Habitat Conservation Plan for the protection of endangered butterfly species. The area is also largely constrained by steep topography and lack of road and utility infrastructure, with exceptions in the lower Brisbane Acres areas.
In the Central Brisbane subarea, steep topography in the upper streets along with the small sizes of most residentially zoned lots and scattered ownership of such lots poses a challenge to assembling larger parcels that are more feasible for housing development beyond individual single-family homes or small-scale multiple-family developments. Small scale development, under six units, is not subject to inclusionary zoning provisions and so development on these smaller scattered lots will generally only provide market rate units, with the exception of ADUs. Finally, redevelopment of nonvacant sites occupied by lower intensity housing in the multiple-family zoning districts in the Southwest Bayshore and Central Brisbane subareas or commercial development in the Parkside overlay districts is constrained by the lack of interest or incentives on the part of private property owners occupying the property or landlords receiving passive income from the property.
The subsections which follow evaluate these constraints in detail and include references to policies and implementation programs to address and where possible mitigate them.
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5. HOUSING PLAN
The City of Brisbane is a desirable place to live, work, and play for a diversity of people, as shown in Chapter 2, Community Characteristics and Housing Needs. Given the City’s projected housing needs, Brisbane will need to significantly increase its supply of housing while maintaining its existing housing stock and community amenities and services that ensure the City remains a desirable place to live. New housing will need to be affordable to households at all income levels consistent with the RHNA and accessible to households with special needs. The goals, policies, and programs in this chapter support these overarching objectives, while ensuring that the City will meet its statutory obligations to affirmatively further fair housing and facilitate housing production at all income levels.
Chapter 3, Resources and Opportunities, identifies the inventory of sites available for residential development to meet the City’s RHNA. This chapter identifies measures to be taken by the City to meet its RHNA. This chapter also establishes the City’s policies and programs for preserving the City’s existing housing stock, protecting residents from displacement, ensuring fair housing for all households, helping the community adapt as the City grows, and building broad community awareness of housing issues, policies, and resources.
Consistent with Government Code Section 65583(b), this chapter also provides the quantified objectives for the planning period of 2023-2031, or the number of units likely to be constructed, rehabilitated, and preserved by income level during the planning period. The programs and the quantifiable objectives are directly related in that the quantifiable objectives are the City’s best estimate of the number of units in those categories of preservation, rehabilitation and new construction, by income level given the City’s land resources (Chapter 3), governmental and nongovernmental constraints, (Chapter 4), and proposed programs (this chapter).
This chapter includes the following sections:
1. Quantified Objectives: Preservation, rehabilitation, and construction.
2. Goals, policies, and programs.
5.1 QUANTIFIED OBJECTIVES: PRESERVATION, REHABILITATION, AND CONSTRUCTION FOR 2023-2031
The quantified objectives section estimates the number of units likely to be constructed, rehabilitated and preserved by income level during the planning period given the City’s land resources, governmental and non-governmental constraints, proposed programs, and the City’s project pipeline. As shown in the tables below, the City will preserve 25 deed-restricted affordable housing units. A total of 30 sites are estimated as being in need of rehabilitation in the planning period. New construction is primarily anticipated in the Baylands subarea following adoption of the Baylands Specific Plan (see Program 2.A.2), based on the status of that draft Specific Plan, the owner’s active engagement to develop the site, and the fact that the housing will be part of the first phase of development. The City anticipates that the multi-family PAOZ-2 overlay district is likely to be developed within the plan period. Several multi-family and mixed-use pipeline projects are also ATTACHMENT 1
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TABLE 5-1 QUANTIFIED OBJECTIVES FOR CYCLE 6 (2023-2031), HOUSING UNITS BY SITE Preservation Site
Extremely
Low-Income
Very-LowIncomeLowIncomeModerateIncome
Above
ModerateIncomeAffordable
Totals
Visitacion Gardens Senior Housing 0 4 2 8 0 14
20-38 Plumas Street (Habitat for Humanity) 0 5 0 5
15 Glen Park Way (Habitat for Humanity) 0 1 0 1
720 San Bruno Avenue (Habitat for Humanity) 0 1 0 1
1 San Bruno Avenue (City of Brisbane Inclusionary Housing Program) 0 1 1 0 2 313 Swallowtail Court (City of Brisbane First Time Homebuyer Program) 0 1 0 1 343 Mariposa Street (City of Brisbane First Time Homebuyer Program) 0 1 0 1 Misc.- Central Brisbane 305 155 400 230 800 1,090
Totals 305 166 403 241 800 1,273
Rehabilitation Site
Misc.-Citywide 10 10 10 0 0 0
Totals 10 10 10 0 0 0
New Construction Site
Baylands 72 73 82 287 1,286 514
Parkside PAOZ-2 55 54 58 0 0 167
3750-80 Bayshore Boulevard 0 0 2 3 25 5
221 Tulare Street 0 0 0 0 3 0
213 Visitacion Avenue 0 0 0 0 4 0
18 Visitacion Avenue 0 0 0 0 2 0
Southwest Bayshore SCRO-1 30c
Other Infill (Including ADUs)b 6 6 12 12 25 36
Totals 163 133 154 302 1,345 722
a No sites were identified in the sites inventory, but the City will continue to monitor and add sites as appropriate. b
Trend-based using building permit data (issued permits) from 2017 to the present in the NCRO-2, R-1, R-2, R-3, and SCRO-1 zoning districts.
C
Emergency shelter beds
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included, as well as a total of 51 infill units based on current zoning and market trends that continue to support the redevelopment of smaller, scattered sites by property owners. An emergency shelter of 30 beds is also included in the objectives for new development for extremely low income, within the SCRO-1 district.
5.2 GOALS, POLICIES, AND PROGRAMS FOR 2023-2031
The City has identified seven goals to guide the Housing Element policies and programs.
1. Affirmatively further fair housing opportunities for all persons.
2. Facilitate and support the production of housing at all income levels, but especially affordable housing.
3. Preserve existing affordable housing.
4. Protect residents from displacement.
5. Increase public awareness of housing programs and resources.
6. Conserve natural resources and reduce greenhouse gas emissions in existing and new residential development.
7. Avoid unreasonable government constraints to the provision of housing.
Goal 1: Affirmatively further fair housing opportunities for all persons.
The City’s goal to affirmatively further fair housing (AFFH) is interwoven throughout all of the City’s housing goals, policies and programs and is closely tied with the goal to engage and educate the community on housing policies and resources for both renters and property owners (Goal 5). The policies and programs contained under this goal specifically address the fair housing issues identified in the City’s Fair Housing Assessment (Appendix C).
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 1.A: Actively promote and distribute fair housing information and resources to Brisbane residents and landlords.
CDD General
Fund
1.A.1: Provide referral services to
appropriate agencies by creating a
dedicated webpage specific to fair
housing including resources for residents
who have experienced discrimination,
information about filing fair housing
complaints with HCD or HUD, and
information about protected classes
under the Fair Housing Act. (See also
programs under Goal 5)
Create webpage
Update annually
5/31/2023
Ongoing
CDD General
Fund
1.A.2: Actively distribute information to
Brisbane landlords, residents (particularly
households of color and non-English
speaking households) and businesses,
developers, non-profit housing
developers and other groups about fair
City Star and Chamber
of Commerce
Newsletters
Weekly City News
Blast/City Manager’s
bulk mailing, flyers
At least Annually
Starting 1/23 and
periodically, as
needed
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Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
housing resources, including but not
limited to:
▪ Fair housing training for landlords and
tenants through Project Sentinel or
other organizations the City may
partner with during the Housing
Element cycle. Geographic targeting:
Households and landlords in R-MHP, R2, R-3, NCRO-2, and SCRO-1 zones.
Metrics: Train two landlords and four
households annually.
▪ Fair housing programs of other
agencies. Geographic Targeting:
Households and landlords in R-MHP, R2, R-3, NCRO-2, and SCRO-1 zones, and businesses in M-1, TC-1, TC-2 and
SCRO-1 zones. Metrics: Four referrals to
Project Sentinel (either tenants or
landlords) as verified by Project
Sentinel on an annual basis
▪ Financial literacy training through
Project Sentinel or other organizations.
Geographic Targeting: Households in
R-MHP, R-2, R-3, NCRO-2, and SCRO-1
zones. Metrics: Four referrals to Project
Sentinel (tenants) as verified by
Project Sentinel on an annual basis
(may be combined with general fair
housing contacts above).
▪ Housing counseling services through
Project Sentinel or other organizations.
Geographic Targeting: Households in
R-MHP, R-2, R-3, NCRO-2, and SCRO-1
zones. Metrics: Four referrals to Project
Sentinel (tenants) as verified by Project
Sentinel on an annual basis (may be
combined with general fair housing
and financial literacy training contacts
above).
See Program 5.A.1
Webpage and
handouts
Q2 2023 and
ongoing
thereafter
CDD General
Fund
1.A.3: Actively distribute information to
Brisbane residents and businesses,
including targeting to households of
color and non-English speaking
households, non-profit housing
developers, housing counseling and
resource organizations, and other groups
about housing opportunities in Brisbane,
including but not limited to:
▪ Newly available housing units for rent
or purchase to moderate- or lowerincome households through the City’s Inclusionary Housing Program, First
Time Homebuyer Program, Habitat for
Humanity resale program, or Bridge
Housing senior rental program, and
any new homebuyer or renter
program that may be established.
during the Housing Element Cycle.
Geographic Targeting: Businesses in
City Star and Chamber
of Commerce
Newsletters
Weekly City News
Blast/City Manager’s
bulk mailing, flyers,
Webpage and
handouts
At least Annually
Starting 1/23 and
periodically, as
needed
Q2 2023
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5-5
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
M-1, TC-1, TC-2, SCRO-1 districts;
Households in R-MHP, R-1, R-2, R-3,
NCRO-2, and SCRO-1 districts. Metrics:
As needed based on availability of
units.
▪ The City’s inventory of potential
housing development sites.
Geographic Targeting: N/A (non-profit
housing developers). Metrics: Send to
four non-profit housing developers
annually.
Policy 1.B: Continue to promote equitable housing opportunities.
CDD General
Fund
1.B.1: Develop an affordable housing
siting policy to promote the distribution of
affordable housing equitably across the
City.
Adopt policy 12/31/2025
Policy 1.C: Ensure local fair housing data is up to date.
CDD General
Fund
1.C.1: Coordinate with local service
providers, including but not limited to fair
housing and transit providers, to collect
updated data on fair housing factors
specific to Brisbane maintained by those
providers.
Meet with local service
providers
1/31/2024 and
annually
thereafter
CDD General
Fund
1.C.2: Based on data trends, identify
policy priorities and update Fair Housing
Action Plan.
Incorporate fair housing
data into Capital
Improvement Plan
Update Fair Housing
Action Plan based on
data trends
7/1/2025 and
biennially
thereafter with
adoption of the
CIty budget
12/31/2025 and
biennally
thereafter
Goal 2: Facilitate and support the production of housing at all income levels, but especially affordable housing.
This goal addresses the significant need for additional housing across all household income categories. To meet the targets set by the RHNA, the City must facilitate the production of housing through the existing residential and mixed-use zoning districts, as well as complete its planned rezoning of the Baylands subarea through the adoption of a specific plan. The Baylands is designated as a Priority Development Area (PDA) in Plan Bay Area and is ideally located for new residential development both from a City and regional perspective, due to its proximity to and planned enhancements to public transit corridors (Caltrain and San Francisco’s Muni light rail) and easy access to Highway 101.
After years of careful planning and community engagement, in 2018 the City Council approved General Plan amendments (affirmed by the voters via Measure JJ) to allow a range of 1,800 to 2,200 housing units in the northwest quadrant of the subarea, centered on the Bayshore Caltrain station.
As noted in Chapter 3 – Resources, in 2022, the property owner submitted a draft specific plan for the Baylands proposing development of 2,200 housing units and up to seven million square feet of commercial development. The City is actively processing the applicant’s specific plan submittal to ATTACHMENT 1
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meet the statutory deadline for rezoning to accommodate its 2023-2031 RHNA and has a motivated applicant in the Baylands property owner. An area of emphasis in the specific plan will be to ensure that a substantial component of lower income and special needs housing units are accommodated within the plan area. A number of other policies and programs provided below address the City’s intent to partner with housing developers to facilitate development of affordable housing throughout Brisbane.
In 2022, the City initiated an Affordable Housing Strategic Plan (AHSP) to identify funding priorities for current affordable housing funds, identify new revenue streams for affordable housing, calibrate the City’s inclusionary housing and density bonus ordinance, and evaluate management options for the City’s current and future affordable housing inventory. The AHSP will be adopted in 2023.
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 2.A: Provide zoning for a balance of housing types, sizes (bedrooms), tenure and the inclusion of affordable, senior and special needs dwelling units in multi-family developments consistent with the RHNA.
CDD General
Fund,
developer
fees
2.A.1: Maintain existing residential and
mixed-use zoning to provide adequate
sites to accommodate the 2022-2031
Regional Housing Needs Allocation.
Ongoing
maintenance of
existing zoning
Ongoing
CDD General
Fund,
developer
fees
2.A.2: Adopt the Baylands Specific
Plan/Zoning to allow 1,800 to 2,200
housing units by-right, without
discretionary design review, at site
densities of at least 20 units per acre, on
sites accommodating at least 16 units, to
meet the 2023-2031 RHNA, consistent
with the Brisbane General Plan Land Use
Element, in compliance with all aspects
of Government Code Section 65583.2(h)-
(i) The Specific Plan or Developer
Agreement shall contain objective
design standards and shall provide an
affordable housing plan. The City shall
prioritize maximizing affordable housing
with a goal of 514 affordable units. The
Specific Plan or Developer Agreement
shall describe accessible residential
design incorporated into units in
proximity to transit.
Geographic targeting: The Baylands
subarea
Metrics target: Dwelling unit preliminary
production estimate by year, based on
developer’s schedule for 2,200 total
units**:
2027: 362 units
2028: 1,108 units
2029: 333 units
2030: 108 units
2031: 289 units
(**Notes: The sites inventory is
conservatively based on an1,800 unit
total. For schedule milestones, see also
Section 3.1.1.1. Also, the City will consult
with HCD regarding timing/production if
the project falls 12 or more months
behind the schedule provided)
Specific Plan
Adoption by City
Council and
certification,
including approval of
adequate water
supply.
Coordinate and assist
the developer in the
entitlement and
development of the
Baylands, including
prioritizing processing,
assisting with funding,
planning and
technical studies.
Consult with HCD
regarding
timing/production if
the project falls 12 or
more months behind
the schedule
provided.
Reevaluate and
address housing
opportunity sites to
accommodate
2023-2031 RHNA if
project has failed to
proceed substantially
in conjunction with
the anticipated
timeline
1/31/2026
Ongoing, and
process
entitlements by
2027
Ongoing
2030 if project has
failed to proceed
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5. HOUSING PLAN
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Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
CDD General
Fund
2.A.3: Provide annual reports to HCD on
progress made in implementing the
Housing Element programs per
Government Code Section 65400,
including a review for internal
consistency and compliance with
Government Code Sections 65302(d)(3)
and 65302(g)(2) as amended by
Chapter 369, Statutes 207 [AB 162].
Annual Reports to
HCD
Annually
CDD General
Fund
2.A.4: Monitor the adequate sites
inventory to ensure adequate
development capacity will be
maintained throughout the planning
period to accommodate the RHNA per
Government Code Section 65863.
Annual Reports to
HCD
Annually
CDD General
Fund
2.A.5: Study zoning districts where
reduction of minimum lot sizes may be
appropriate to encourage development
of tiny homes, row-homes, bungalows, or
other similar developments; and adopt
new zoning where appropriate.
Geographic Targeting: R-1district, middle
and lower elevation streets.
Metrics: Theoretical R-1 total unit
capacity increase of approximately 10
to 20%.
Study Session at
Planning Commission
Adopt new zoning
12/2026
12/2028
CDD General
Fund
2.A.6.: Adopt implementing ordinance
for ministerial duplex conversions and
single-family lot splits as provided by
Government Code Sections 65852.21
and 66411.7.
Adopt ordinance 12/31/2023
CDD General
Fund
2.A.7: Study zoning amendments to
existing commercial zoning districts at
Sierra Point and Crocker Park, to either
allow or require mixed use buildings.
Study Session at
Planning Commission
Adopt zoning
amendments
12/31/2026
7/30/2029
CDD General
Fund
2.A.8: Update the zoning ordinance to
provide for transitional and supportive
housing in all zoning districts allowing
residential uses and only subject to the
same restrictions as other residential
dwellings in the same zone, and to allow
permanent supportive housing by right in
zones where multifamily and mixed uses
are permitted, pursuant to Government
Code Section 65651.
Adopt ordinance 12/31/302025
CDD General
Fund
2.A.9: Facilitate development and
monitor approvals of pipeline projects,
including the number of units
constructed and their affordability levels.
Monitoring and
reporting on pipeline
project status of 39
units identified in
Table B.7.2 (including
2 lower income, 3
moderate income
and 34 above
moderate income
units) in the annual
Housing Element
Progress Report
Coordinating with
applicants to
4/1/2024 and
annually thereafter
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5. HOUSING PLAN CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 5-8
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
expedite approval of
remaining
entitlements
Supporting funding
applications or
requests for fee
waivers for eligible
projects
Identifying necessary
rezoning of additional
sites, should pipeline
projects not move
forward resulting in a
RHNA shortfall, per
Gov’t Code Section
Gov. Code, § 65583,
subd. (c)(1), with
rezoning to make up
the shortfall to be
completed
12/31/2023 and
annually thereafter
in Q4
7/1/2023 and
biennially thereafter
through the budget
adoption process
Ongoing
CDD General
Fund
2.A.10: Update the ADU ordinance to
comply with current State law.
Adopt updated ADU
ordinance
12/31/2023
CDD General
Fund
2.A.11: Amend the family definition to
remove group care provisions zoning
ordinance definitions and use provisions
for all districts allowing residential uses, to
remove the requirement for a
conditional use permit for group homes
of seven (7) or more persons and allow
group homes as permitted uses, with
objective standards similar to other
residential uses in the same district,
consistent with state law.
Adopt Ordinance 12/31/2024
CDD General
Fund
2.A.12: Amend the zoning ordinance for
all districts that allow multifamily
residential uses, to allow for building
heights of at least 36 feet, to be able to
accommodate 3-story development.
Adopt Ordinance 12/31/2024
Policy 2.B: Provide for development of affordable housing and housing designed for seniors and persons with disabilities (including the developmentally disabled) or other special needs.
CDD General
Fund
2.B.1: Through development of the
Baylands Specific Plan and
implementing development agreements,
identify suitable sites for housing for
seniors, persons with disabilities or other
special needs, and lower-income
households in the Baylands subarea.
Geographic Targeting: Baylands Specific
Plan Area
Metrics: Goal of 514 affordable housing
units with target populations that align
with community preferences in
compliance with Fair Housing laws (See
Program 2.A.2)
Adoption of
Development
Agreement and
Specific Plan
1/31/2026
CDD General
Fund
2.B.2: Amend the zoning ordinance to
permit convalescent homes as a
permitted use in the SCRO-1 District.
Develop objective standards for the
Ordinance adoption 12/31/27
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Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
operation and design of such uses and
incorporate into the zoning ordinance.
CDD,
Police
General
Fund
2.B.3: Collaborate with the County of San
Mateo in developing programs to
provide regional shelter and services to
the homeless by participating in the San
Mateo County Continuum of Care and
other regional efforts to provide
homeless shelters, transitional and
supportive housing for homeless
households coordinated by the County.
Meet with San Mateo
County staff to
determine actions
the City can take to
assist homeless
individuals in Brisbane
for the calendar year
Meet with San Mateo
County Human
Services Agency staff
to determine how the
City can support
development of
emergency,
transitional, and
supportive homeless
housing in Brisbane or
in the County for the
calendar year.
Annually in Q1
Annually in Q1
CDD General
Fund
2.B.4: Update the zoning ordinance
allowing for emergency shelters as a
permitted use in the SCRO-1 District from
12 beds to 30 beds, with such use not
subject to discretionary action or to any
development or management standards
that would not apply to other allowed
uses within the zone, except as provided
by Government Code Section
65583(a)(4)(A).
Adopt amended
SCRO-1 zoning
12/31/26
CDD General
Fund
2.B.5: Amend multi-family and mixed-use
zoning districts to allow low barrier
Navigation Centers, as required by
Government Code Sections 65660 -
65668 .
Adopt zoning
amendments
12/31/2026
CDD General
Fund
2.B.6: Grant priority water and sewer
service to housing with units affordable
to lower-income households in
accordance with adopted City policy,
consistent with State law [Government
Code Section 65589.7 and Water Code
Section 10631.17(a)70].
Priority water and
sewer service for
affordable housing
Ongoing
CDD General
Fund
2.B.7: Regarding emergency shelters and
transitional and supportive housing,
implement requirements of AB 2339
(2022; Government Code Section
65583(a)(4)) (See also, Programs 2.B.4
and 2.B.5.)
Conduct analysis per
AB 2339
Adopt implementing
ordinance
6/31/2024
12/31/2024
Policy 2.C: Encourage utilization of the density bonus program to provide housing affordable to extremely low-, very-low- and/or low-income households, including supportive housing for extremely low-income families and larger households.
CDD General
Fund
2.C.1: Amend the density bonus
ordinance to:
▪ Allow greater density bonus and/or
incentives to housing developments
that provide housing units designed
and dedicated for use by large
families with low- to extremely lowincomes.
Adopt amended
density bonus
ordinance
12/31/2023
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5. HOUSING PLAN CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 5-10
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
▪ Be consistent with Government Code
Sections 65915(a) and (g).
▪ Grant a proportionately lower density
bonus and/or incentives for
affordable housing projects that do
not qualify under Government Code
Section 65915 due to their small size or
other limitations.
▪ Grant a density bonus and/or other
incentives greater than required for
projects that meet or exceed the
qualifications for a density bonus.
Policy 2.D: Reduce construction costs for affordable or special needs housing.
CDD Low/
Moderate
Income
Housing
Fund
2.D.1: Evaluate methods to subsidize the
cost of affordable or special needs
housing development, including ADUs,
including but not limited to:
▪ Fee reductions or waivers.
▪ Direct subsidies in the form of predevelopment or construction grants. ▪ Land donation.
Adopt as part of
Affordable Housing
Strategic Plan (AHSP;
see Program 2.E.1)
Implement cost
subsidy strategies per
the adopted AHSP
and conduct regular
outreach to service
providers and
nonprofit developers
6/30/2023
Annually in Q1 and
ongoing
CDD City Funds 2.D.2: To encourage development of
ADUs and junior ADUs:
a. Explore the potential to implement a
loan program for ADU and JADU
construction through the Affordable
Housing Strategic Plan (see Program
2.E.1). If a City-funded loan program is
determined to be infeasible,
cooperate with 21 Elements to
develop regional loan program (See
program 2.E.2).
Geographic Targeting: All residential
zoning districts.
Metrics: Issue 10 loans over RHNA cycle
or at least one per year.
b. Continue to fund the 21 Elements
regional consortium and support its
programs that offer technical
assistance to homeowners to reduce
financial, architectural, and
technological barriers to ADU/JADU
design and construction.
Metrics: Provide technical assistance
to 10 property owners annually.
c. As these programs are implemented,
publicize the changes to encourage
the development of ADUs and JADUs
using methods described in Programs
5.A.1 and 5.A.3.
Geographic Targeting: All residential
zoning districts.
Metrics: In addition to broadcasting
citywide, make direct contact with 10
property owners annually (may
overlap with the above regional
Adopt the AHSP
Implement
ADU/JADU subsidy
strategies per the
adopted AHSP and
conduct regular
outreach to property
owners
Fund 21 Elements and
support development
of a multijurisdictional
Countywide ADU
resource center
Public outreach
6/30/2023
Annually in Q1
starting 2024 and
ongoing
Ongoing as new
programs are
implemented and
annually thereafter
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Implementation
Timeline
efforts through 21 Elements) either in
person, by email, or at the public
counter.
d. Promote the availability of CalHFA
ADU Grant program.
Geographic Targeting: All residential
zoning districts.
Metrics: In addition to broad mailings
across residential zoning districts, make
direct contact 10 property owners
annually (may overlap with the above
program elements) either in person, by
email, or at the public counter.,
Policy 2.E: Seek private and public funding sources for affordable housing construction.
CDD Low/
Moderate
Income
Housing
Fund
2.E.1: Adopt and implement an
Affordable Housing Strategic Plan (AHSP)
that includes the following components:
a. Identifies programmatic funding
goals, objectives, and priorities for the
City’s current affordable housing fund
balance.
b. Evaluates and prioritizes new ongoing
revenue streams for affordable
housing development.
c. Evaluates preferences for current
Brisbane residents in new special
needs and affordable housing.
d. Community engagement of
stakeholders, including landowners,
affordable housing developers, and
lower-income households in Brisbane
and San Mateo County to identify
opportunities for affordable housing
development.
Geographic Targeting: Central Brisbane
Metrics: Issue permits for 193 low & very
low-income units over RHNA cycle
Adopt AHSP
Implement AHSP
strategies
Ongoing community
engagement with
stakeholders
6/30/23
Annually beginning
7/1/2023 and
ongoing thereafter
as part of the
biennial budget
adoption process
Annually in Q1
CDD Low/
Moderate
Income
Housing
Fund
2.E.2: Participate in potential regional
forgivable loan program for homeowners
to construct an ADU that is held
affordable for extremely low-income
households for 15 years. Market to
Brisbane property owners through
Program 1.A.3.
Discuss and identify
options for loan
program
development with 21
Elements and HEART
1/31/2025
CDD Low/
Moderate
Income
Housing
Fund,
CalHome
Grant
Funds
2.E.3: In the absence of a regional ADU
loan program, evaluate the feasibility
and impact of developing a City ADU
construction loan program with funding
supplemented by CalHome funding
annually or as notices of funding
availability are released.
Adopt AHSP
Implement AHSP
funding strategies
6/30/2023
7/1/2023 and
ongoing thereafter
with the biennial
budget adoption
process
CDD City Funds 2.E.4: Update the Inclusionary Housing
Ordinance to comply with current State
law and consider in-lieu fee alternatives
for for-sale developments that may
provide additional affordable housing
revenue to the City; also the update is to
Adopt and/or
implement AHSP
Adopt revised
inclusionary housing
ordinance
6/30/2023
1/31/24
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Funding
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Implementation
Timeline
require a minimum of 20 percent of the
units in the PAOZ-1 and PAOZ-2 zoning
districts are to be affordable to lower
income households, per Gov’t Code
Section 65583.2(c).
CDD City Funds 2.E.5: Adopt an ordinance establishing
and imposing a nexus fee applicable to
new commercial development to fund
affordable housing development
consistent with the Affordable Housing
Strategic Plan.
Geographic Targeting: Commercial
zoning districts
Metrics: Issue permits for 514 420 low and
very low-income units over RHNA cycle.
Adopt and/or
implement AHSP
Adopt ordinance
and fee amounts
6/30/2023
12/31/23
CDD City Funds 2.E.6: Study the potential to develop
vacant or underutilized City-owned sites
for affordable and/or special needs
housing with nonprofit housing
developers, HEART, HIP Housing, and
other partners.
Geographic Targeting: N/a
(citywide/City-owned sites)
Metrics: Identify at least one city-owned
site for affordable housing development.
Complete study and
present to City
Council for action
1/31/265
Policy 2.F: Facilitate the development of affordable housing.
CDD City Funds 2.F.1: Outreach to property owners within the PAOZ-1 and PAOZ-2 overlay districts
to encourage private redevelopment of
existing developed sites in the Parkside
PAOZ-1 and 2 housing overlays and the
SCRO-1 District and connect interested
property owners with affordable housing
developers.
Direct contact (mail,
email and/or phone)
to property owners
Annually, Q1
CDD City Funds 2.F.2: Develop an ongoing relationship
with nonprofit housing development
corporations in order to take advantage
of opportunities to create affordable
housing in Brisbane in high resource
areas.
Direct contact (mail,
email and/or phone)
with nonprofit housing
developers
Annually, Q1
CDD Low/
Moderate
Income
Housing
Fund
2.F.3: Through the Affordable Housing
Strategic Plan, evaluate potential to
acquire vacant sites and
underdeveloped properties in order to
assemble standard building sites to land
bank for future affordable housing
projects.
Adopt AHSP
Annually review and
update AHSP to
reflect available
opportunities to
acquire sites based
on anticipated funds
6/30/2023
Beginning 7/1/2023
and ongoing
thereafter with the
biennial budget
adoption process
CDD General
Fund, Low/
Moderate
Income
Housing
Fund
2.F.4: Through the AHSP, establish how
City funding sources will be used to
subsidize development costs in
residential and mixed-use projects to
encourage inclusion of more affordable
housing units than required by the City’s
Inclusionary Housing Ordinance. (See
Program 2.E.1)
Adopt AHSP
Implement AHSP
strategies regarding
development
subsidies
6/30/2023
Beginning 7/1/2023
and ongoing
thereafter with the
biennial budget
adoption process
CDD General
fund
2.F.5: Evaluate City fee schedules for
processing development applications.
Adjust annually
based on
development
Annually
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Implementation
Timeline
processing direct
costs
CDD General
fund
2.F.6: Through the annual progress report
in Housing Element implementation
submitted annually to HCD, monitor ADU
production to ensure construction
targets are in line with assumptions in
Table 5-1. If production is not in line with
assumptions, incentivize ADU production
via implementation of programs 2.D.2,
2.E.2, and 2.E.3,
Monitor and report
ADU production in
the Annual Progress
Report to HCD
Annually
CDD General
Fund
2.F.7: Assist in the development of
housing for extremely-low-income
households.
Adopt priority
processing
procedures for ELI
housing
Grant fee waivers or
deferrals for ELI
housing
Grant concessions
and incentives for ELI
housing
Support funding
applications for ELI
housing
Outreach and
coordinate with
affordable housing
developers for ELI
housing, including
identifying
development and
other housing
opportunities
12/31/2025
12/31/20257
12/31/20257
12/31/20295
12/31/2024 and
annually thereafter
in Q4
Policy 2.G: Encourage utilization of the density transfer and clustered development programs in the ResidentialBrisbane Acres zoning district.
CDD General
Fund
2.G.1: Study potential updates to the
Residential-Brisbane Acres (R-BA) zoning
district density transfer program to
expand allowable “receiving” sites to
include sites in other residentially or
mixed-use zoned districts in the City to
facilitate preservation of privately owned
parcels in the R-BA zoning district and
allow development rights to be
transferred to parcels with access to
existing infrastructure and lesser habitat
value.
Complete study to
determine
appropriate districts
to expand
“receiving” site
designation
Determine next steps
based on results of
study
12/31/2025
Goal 3: Preserve existing affordable housing.
As the City continues to grow, it is important to maintain and preserve existing affordable housing that is deed restricted as well as non-deed restricted housing that is naturally affordable to moderate- and to low-income households. This goal is closely related to Goal 5 of protecting residents from displacement. The City’s primary preservation target will be to renew the ground ATTACHMENT 1
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lease with Bridge Housing for the senior housing complex at 2 Visitacion Avenue (Visitacion Gardens). The City will identify and utilize other funding sources in the preservation of existing naturally affordable housing through supporting organizations that provide homeowner financial literacy training, foreclosure counseling, homesharing assistance, and rehabilitation programs.
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 3.A: Preserve existing affordable housing units.
CDD Low/
Moderate
Income
Housing
Fund
3.A.1: Implement affordable housing
preservation and management policies
identified in the Affordable Housing
Strategic Plan (AHSP), including but not
limited to the following:
a. Establishing an early warning/
monitoring system for deed-restricted
units at risk of conversion to marketrate.
b. Allocation of potential funding
sources to organizations providing
homeowner financial literacy training,
foreclosure counseling, homesharing
matching and facilitation, and
rehabilitation programs for naturally
affordable housing.
c. Providing for tenant education and
assistance.
Adopt AHSP
Implement antidisplacement strategies
per adopted AHSP
6/30/2023
Annually
beginning
7/1/2023 and
ongoing
thereafter
through the
biennial budget
adoption process
CDD General
Fund
3.A.2: Renew the ground lease with
Bridge Housing Corporation for the
Visitacion Garden senior apartments for
an additional 30 years or other
timeframe mutually agreeable to Bridge
Housing and the City of Brisbane.
Renew ground lease
with Bridge Housing
1/31/2028
CDD General
Fund
3.A.3: Survey rental rates for permitted
accessory dwelling units to ensure their
affordability to lower-income households
at the ratios assumed in the Housing
Element sites inventory (Chapter 3).
If survey results show that ADUs are being
rented at levels that are not affordable
to low-income households at the ratios
assumed in the Housing Element, the City
will provide targeted outreach to
homeowners regarding tenant
placement assistance provided by HIP
Housing (see program 4.A.9)
Annual ADU rent survey
Connect ADU
homeowners with HIP
Housing staff
Annually, Q1
As needed based
on results of
annual rent survey
CDD,
City
Manage
r’s
Office
HUD Grant
Funds
3.A.4: Program earmarked Federal grant
funds received in FY 2021-2022 to provide
financial assistance in the form of loans
or grants to retrofit existing units for lowincome and special needs households.
Adopt program funding
guidelines
Start issuing
loans/grants
12/31/23
2024
CDD General
Fund
3.A.5: Amend zoning ordinance to
require one-to-one replacement of
deed-restricted affordable housing units
converted to market-rates.
Adopt zoning
amendments
12/31/2026
Policy 3.B: Increase participation in Housing Choice Voucher and other rental assistance programs.
CDD General
Fund
3.B.1: Develop and implement an
education/outreach campaign
targeting landlords/managers on renting
Launch campaign 1/31/2024 and
annually
thereafter
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Implementation
Timeline
to people with Housing Choice
Vouchers.
See Program 5.A.1
Geographic Targeting: R-2, R-3, NCRO-2
and SCRO-1 zoning districts and
Northeast Ridge multi-family
neighborhoods.
Metrics: In addition to citywide
broadcasting, make direct contact with
at least 10 landlords/property managers
annually by email, phone, or at the
public counter.
Goal 4: Protect residents from displacement.
As the City continues to grow and evolve, avoiding gentrification and displacement of lower-income residents is a priority. The policies and programs provided below address partnerships with organizations such as Project Sentinel and other non-profit groups and tapping into other government resources to provide financial assistance, counseling and other resources to help residents maintain and retain their housing. The AHSP identifies funding priorities for programs to protect lower-income residents from displacement. This goal is closely related to Goal 4 of preserving affordable housing.
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 4.A: Protect existing residents from displacement.
CDD Low/
Moderate
Income
Housing
Fund
4.A.1: Adopt and implement antidisplacement programs in the AHSP, such as:
a. Rental assistance program
b. Preferences for current Brisbane
residents for new affordable housing
development
c. First Time Homebuyer program
Geographic Targeting: All residential
zoning districts
Metrics: Assist three households annually
following implementation of AHSP
programs.
Adopt or implement
AHSP
Create roadmap and
timeline for specific
programs identified in
AHSP
Implement AHSP
programs
6/30/2023
6/30/2024
Beginning 6/30/2024
and ongoing
CDD Low/
Moderate
Income
Housing
Fund
4.A.2: Support Project Sentinel’s program
to provide counseling to older
homeowners on home equity conversion
opportunities.
Partner with Project
Sentinel
Biennially with budget
starting 6/2023
CDD City Funds 4.A.3: Partner with Project Sentinel or
another qualified non-profit organization
to perform fair housing training for
landlords and tenants, and to provide
training on financial literacy and housing
counseling services for tenants. Focus
training efforts on race-based
discrimination and reasonable
accommodations.
Develop agreement
and schedule for at
least annual trainings
with qualified
consultant
1/31/24
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Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Geographic Targeting: R-MHP, R-1, R-2,
R-3, NCRO-2, and SCRO-1 zoning districts.
Metrics: Train two landlords and four
households annually (see program 1.A.2)
CDD City Funds 4.A.4: Create a complaint referral form
accessible via the City website for fair
housing complaints to be submitted
securely and forwarded by City staff to
the appropriate State or Federal
agencies.
Metrics: Transmit all complaints to HCD
within 30 days of receipt.
Create complaint
referral form
1/31/2024
CDD Low/
Moderate
Income
Housing
Fund
4.A.5: Engage with qualified non-profit
organizations to convene a discussion
with Black, Indigenous and People of
Color households who are experiencing
comparatively high rates of cost burden
to discuss and identify solutions for relief.
Metrics: Make contact with at least ten
households.
Develop agreement
and schedule with
qualified consultant
1/31/2024
CDD City Funds 4.A.7: Consider residential rent control provisions consistent with the provisions of
the Costa-Hawkins Act and any other
applicable State law.
City Council study
session
12/2026
CDD Low/
Moderate
Income
Housing
Fund
4.A.8: Continue to fund the regional
down payment assistance program with
affirmative marketing to households with
disproportionate housing needs including
Black/African American and
Hispanic/Latinx households through San
Mateo Housing Endowment and
Regional Trust (HEART).
Fund HEART Biennially with
adoption of the City
budget.
CDD General
Fund
4.A.9: Support the Human Investment
Program (HIP)’s shared housing program
which helps find suitable housing for the
elderly, single-parent families and
persons with special needs, through
annual financial support. See
Program 1.A.1.
Geographic targeting: All districts that
allow residential uses.
Metrics: Connect four households per
year with HIP.
Fund HIP annually Annually or with City
budget adoption
CDD General
Fund
4.A.10: Study ordinance to require
government notification for all eviction
notices and rent increases above a
certain level.
Study session at City
Council
12/31/2028
CDD General
Fund
4.A.11: Amend inclusionary housing
ordinance to extend timeframe of
affordability covenants on new
affordable housing development
Adopt ordinance 1/31/2025
CDD General
Fund
4.A.12: Implement the City’s short term
rental ordinance to prohibit conversion
of housing units to short term residential
rentals of less than 30 days.
Implement Ordinance
655
Ongoing
CDD,
DPW
General
Fund
4.A.13: Amend the Safety and
Conservation Elements of the General
Plan to include analysis and policies
regarding flood hazard management
Amended Safety and
Conservation Elements
1/31/2027
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Implementation
Timeline
information and climate adaptation and
resiliency, ground water recharge and
storm water management, per
Government Code Sections 65302(d)
and 65302(g), and check all elements for
consistency with the Housing Element.
DPW General
Fund
4.A.14: Continue to develop master
plans to maintain and upgrade public
infrastructure in residential
neighborhoods. Seek grants and other
special funds to supplement utility and
gas tax funds to implement improvement
projects
Ongoing, as identified
with Annual Budget
Ongoing
CDD General
Fund
4.A.15 Adopt a just cause eviction
ordinance to project renters from
arbitrary and unjustified evictions.
Adopt Ordinance 12/31/2024
Policy 4.B: Facilitate rehabilitation of substandard residential structures and where feasible maintain their affordability to very-low-, low- and moderate- income households.
CDD City Funds 4.B.1: Collaborate with the County of San Mateo and other agencies with verylow-, low- and moderate-income Housing Repair and Home Rehabilitation
Loan Programs to expand the scope and
eligibility for assistance.
Expanded eligibility for
County rehab and
repair programs
12/31/2024
CDD City Funds 4.B.2: Implement preservation policies
identified in the Affordable Housing
Strategic Plan, including but not limited
to the following:
a. Funding existing Countywide
rehabilitation and repair programs.
b. Establishing City-funded rehabilitation
and repair program.
Adopt AHSP
Implement preservation
strategies
6/30/2023
Starting 7/1/2023 and
ongoing thereafter
through the biennial
budget adoption
process
Policy 4.C: Continue to discourage the conversion of existing apartment buildings to condominiums or cooperatives and conversion of the mobile home park to other uses.
CDD N/A 4.C.1: Maintain Zoning Ordinance
standards for condominium conversions
of existing rental units consistent with
current State law.
Maintain current zoning
ordinance
Ongoing
CDD N/A 4.C.2: Maintain the R-MHP Residential
Mobile Home Park District zoning to
retain the mobile home housing stock.
Maintain current zoning Ongoing
Goal 5: Increase public awareness of housing programs and resources.
To achieve the City’s housing goals outlined above, and increase their effectiveness, the City’s first goal is to increase public access to and awareness of the City’s housing policies and programs.
Engagement efforts will target current residents (homeowners and renters), landlords and property owners, and developers primarily via the City’s website and social media platforms, as well as traditional means, such as paper handouts at City Hall and the Library, monthly and quarterly Citywide newsletters mailed to all homeowners and businesses, and in person engagement at annual community events. To reach a diversity of people, the City will provide information in more than one language for both online and paper resources.
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Implementation
Timeline
c. State Multifamily Housing
Program.
d. Other programs as they
become available.
CDD General
Fund
5.A.3: Translate all community
engagement materials into
Chinese, the predominant nonEnglish language spoken by Brisbane residents. Consider on a
case-by-case basis translation to
other languages and regularly
revisit data on commonly spoken
non-English languages in the City
to ensure community engagement
materials are accessible to the
widest possible audience.
Translate hard copy
handouts into
Chinese
Continue to provide
automated
translation on City
website
Revisit data on
commonly spoken
non-English
languages in
Brisbane
12/31/2024
Ongoing
12/31/2028
CDD General
Fund
5.A.4: Actively publicize and
encourage the use of City, County,
State and Federal programs for
low-interest rehabilitation loans by
owners of older residential units.
Develop and
implement outreach
strategy for City
rehabilitation grant
program and others
12/31/2025 and
annually
thereafter in Q4
CDD General
Fund
5.A.5: Distribute HIP Housing
homeshare program information to
property owners upon building
permit issuance and/or certificate
of occupancy for ADU and JADUs.
Distribute flyer at
permit issuance and
occupancy
Ongoing
CDD, City
Manager’s
Office/
Administration
General
Fund
5.A.6: Facilitate connections
between HIP Housing and local
community groups, including the
Lions Club, Brisbane Village Helping
Hands, Homeowner’s Associations,
and others to create opportunity to
share homesharing program
information with homeowners and
residents.
Connect HIP Housing
staff with local
community group
leaders
Q1 of 2023, 2025,
2027, 2029, and
2031
CDD, City
Manager’s
Office/
Administration
General
Fund
5.A.7: Share anticipated schedule
of City-led community events with
HIP Housing, Project Sentinel, and
other housing assistance
organizations to ensure their
participation and foster direct
connections with community
members.
Share community
calendar
Q1 annually
CDD General
Fund
5.A.8: Collect homesharing
program data for Brisbane
homeseekers and home providers
from HIP Housing.
Current homesharing
data
Q4 annually
CDD General
Fund
5.A.9 Establish a stakeholder
committee to advise the City on
additional methods to engage all
segments of the community,
especially lower income and
special needs households, on
housing issues through the plan
period.
Identify stakeholders
and establish
committee
Engage with
committee, including
engagement on the
annual progress
report (APR)
Q1 2024
Q1 of each year
and Ongoing
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Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Post APR at least 2
weeks before
Council review
Implement public
outreach methods to
reach all segments of
the community on
housing issues,
including stakeholder
interviews with
committee members.
Make direct contact
with stakeholders
upon any changes
to City housing
policy, including
Housing Element
updates
Q1 annually
Ongoing and at
least biennially
Ongoing as
housing policies
are updated
Policy 5.B: Promote development of centralized Countywide below market rate for-sale database and application.
CDD General
Fund
5.B.1: Engage with 21 Elements staff
to promote development of a
Countywide system that supports
the management of for-sale BMR
units, including their listing and sale.
Engage with 21
Elements staff
1/31/2024
Goal 6: Conserve natural resources and reduce greenhouse gas emissions in existing and new residential development.
Conservation of natural resources and reduction of greenhouse gas emissions continue to be of paramount importance to the City. The policies and programs under this goal are intended to support sustainable development and development patterns, and to reduce long-term costs to residents, as proper design and development will yield financial benefits through the lifecycle of the building.
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 6.A: Promote sustainable residential development that conserves natural resources and reduces greenhouse gas emissions.
CDD General
Fund
6.A.1: Periodically review and update the
City’s building reach code ordinances to
exceed the minimum State standards for
energy efficiency and on-site renewable
energy generation.
Adopt reach codes
with California building
code updates
Triennially,
beginning
1/1/2023
CDD General
Fund,
grant
funds
6.A.2: Pursue regional, State, and Federal
funding for programs to increase the
energy efficiency of existing homes, to
assist affordable housing developers in
incorporating energy efficient designs
and features, and to increase the
production of renewable energy in
residential development.
Evaluate potential
funding sources
Annually, Q1
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B-1
APPENDIX B 2023-2031 Sites Inventory & Methodology
Table of Contents
1. Introduction ..........................................................................................................................................2
2. Regional Housing Needs Allocation ......................................................................................................3
3. General Considerations in Identification of Sites .................................................................................4
3.1 Site Size:..................................................................................................................................4
3.2 Housing Unit Density: ..............................................................................................................4
3.3 Zoned Density versus Realistic Capacity:...................................................................................5
3.4 AFFH Considerations:...............................................................................................................5
4. Development Potential.........................................................................................................................6
4.1 Vacant and Nonvacant Sites:....................................................................................................8
4.2 Mixed-Use Sites. ......................................................................................................................9
4.3 Residential Zones without a Minimum Density. ......................................................................10
4.4 Nonvacant Sites Already Zoned for Housing Development with a Minimum Density................12
4.5 Sites to be Zoned for Housing Development with Minimum Density........................................14
4.6 Pipeline Projects: ...................................................................................................................15
4.7 Accessory Dwelling Units: ......................................................................................................16
5. Commitment to Fair Housing..............................................................................................................17
6. Distribution of Units by Affordability and “No Net Loss” ...................................................................18
7. Site Inventory......................................................................................................................................19 List of Figures:
B.5.1 - RHNA Capacity by Block Group and AFFH Indicators B.7.1 - Housing Sites Inventory Map
B.7.2 - Parkside and Central Brisbane Housing Sites Inventory Inset Map B.7.3 - Baylands Housing Sites Inventory Inset Map
List of Tables:
B.2.1 - Brisbane’s Regional Housing Needs Allocation
B.4.1 - Sites Inventory by Subarea Affordability Breakdown B.4.2 - Current Land Use and Development Standards for Residential and Mixed-Use Zoning Districts B.4.3 - Percentage of Lower Income RHNA on Nonvacant Sites B.4.4 - Planning Approvals du/ac in NCRO-2/SCRO-1 2018-2022 B.7.1 - Brisbane’s RHNA Capacity and Affordability Breakdown by Subarea B.7.2 - Housing Sites Inventory
B.7.3 - R-BA Density Sending Sites
B.7.4 - AFFH Housing Sites Inventory
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4. Development Potential
Each site or aggregation of sites was analyzed to determine the likelihood and feasibility of development during the period 2023-2031. Factors such as underperforming or vacant uses, owner or developer interest, age and size of current improvements, site size, and site constraints were taken into account in determining realistic development capacity.
Most of the City’s inventory for meeting the RHNA falls within a large, multi-parceled site in the Baylands subarea with a single landowner/developer who is actively pursuing development of the site with housing via a Specific Plan currently under review by the City. It is a vacant site that requires environmental remediation, but provides extraordinary potential for development. While the City General Plan allows for 1800-2200 housing units within the Baylands, it is currently zoned commercial C1, which does not allow for housing. However, a specific plan is in process which will rezone the site for housing consistent with the adopted general plan. This is further described in Section 4.5 below.
The next largest group of sites for housing development potential are those within the Crocker Park Parkside overlay district. This is a group of sites with existing uses that could be redeveloped along with adjacent parcels, and certain office and warehouse developments that were determined to be underperforming and have a high potential for redevelopment to housing.
There are a number of infill sites in greater Central Brisbane area, including Brisbane Acres and Southwest Bayshore, that are generally smaller. Some of these have little or no opportunity for aggregation and/or are heavily constrained sites and were considered, but not identified to accommodate significant capacity.
While the City has seen an increase in the production of Accessory Dwelling Units (ADUs) in recent years due a number of state laws and local ordinances that have made these more feasible, they still make up the smallest group.
The development potential provided for this 6th Cycle RHNA was determined to total 2,220 housing units, as detailed by subarea and income category in following Table B.4.1, which provides a high-level summary of the sites listed on the Sites Inventory broken down by income. Figure B.7.1 shows a map of where each site is located within the City and the housing opportunity areas.
TABLE B.4.1
Sites Inventory by Subarea Affordability Breakdown
Subareas Total Units Very Low Low Moderate Above Moderate Pipeline Baylands 1,800 145 82 287 1,286 -
Parkside 246 159 87 0 0 -
Central Brisbane 134 1 2 4 127 39
ADUs 40 12 12 12 4 -
Totals 2,220 317 183 303 1,419 -
Table Source: Housing Resources Sites Inventory
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In summary, the Sites Inventory was developed to meet all applicable statutory requirements and provide a realistic and achievable roadmap for the city to meet and exceed its RHNA. The Sites Inventory is summarized as follows:
• The housing sites are spread throughout the city, with all located in a moderate resource area, to meet AFFH requirements.
• The housing projections utilize existing land use and zoning densities. • It includes conservative production and density assumptions for the identified housing sites. • The city has a significant rezoning program that is anticipated to be completed by the end of this housing cycle to adopt zoning via Specific Plan for 1,800 – 2,200 housing units in the Baylands subarea.
• The housing projections do not rely on new units developed under SB9. • The housing projections have a low reliance on new ADU production. • Less than 50% of the low income RHNA is accommodated on nonvacant sites.
The analytical process that went into creating the Sites Inventory and the justification for commercial site redevelopment are fully detailed in the Sites Inventory Approach and Methodology sections above.
The full list of sites adequate for housing development identified by the city is included in Table B.7.2.
For reference, Table B.4.2 provides an outline of the zoning district standards for all of the districts where housing is currently permitted either by-right or as a conditional use. Note that the Northeast Ridge PD district is a completed planned development district comprised of 499 housing units. As a PD district, no zoning standards are provided, but development of ADUs may occur within the existing development. The Baylands is not included in this table, since the zoning has not yet been adopted. Also, the Parkside PAOZ-1 and PAOZ-2 districts are the only districts where the existing zoning requires that new housing development be to a minimum density to 20 units per acre or more.
Table B.4.2
Current Land Use and Development Standards
for Residential and Mixed-Use Zoning Districts
Permitted Uses R-1 R-2 R-3 R-BA NCRO2SCRO1R-MHP PAOZ1PAOZ2NER -PD
Single-Family Unit Yes Yes Yes Yes No No No Yes No F
Accessory Dwelling
Unit
Yes No No Yes No Yes Yes Yes Yes Yes
Mobile
Homes/Mobile
Home Park
No No No No No No Yes No No F
Duplex No Yes Yes No No Yes No No No F
Multi-Family Units No Yes Yes No No Yes No Yes Yes F
Emergency Shelter No No No No No Yes No No No F
Mixed Use No No No No No YesH No No No F
Dwelling Group No Yes Yes No No Yes No Yes Yes F
Conditional Uses R-1 R-2 R-3 R-BA NCRO2SCRO1R-MHP PAOZ1PAOZ2NER -PD
Single-Family Unit No No No No YesC Yes No No No F
Duplex No No No No YesC No No No No F
Multi-Family Units No Yes Yes No YesC No No No No F
Dwelling Group No No No No YesC No No No No F
Mobile Home Park Yes Yes Yes No No Yes No No No F
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Mixed-Use No No No No Yes No No No No F
Live/Work Units No No No No Yes Yes No No No F
Group Care Home Yes Yes Yes Yes YesC Yes No No No F
Convalescent Home No No No No No Yes No No No F
Development
Standards
R-1 R-2 R-3 R-BA NCRO2SCRO1R-MHP PAOZ1PAOZ2NER
-PD
Density Transfer No No No Yes No No No No No No
Minimum Lot Size
(Sq. Ft.)
5,000A 5,000 A 5,000 A 20,000B 2,500 7,500 None NA NA F Minimum Density
(units/acre)
NA NA NA NA NA NA NA 20 24 F
Maximum Dwelling
Unit Density
(Unit/Sq. Ft.)
1/5,000 1/2,500 1/1,500 1/20,000 D E 1/1,500 28 28 F
Lot Coverage 40% 50% 60% 25% 90% 70% NA NA 60% F
Floor Area Ratio 0.72 0.72 0.72 0.72G NA NA NA NA NA F
Height Limit (Ft.) 28-30 28-30 28-30 35 28-35 35 20 38 40 F Front Setback (Ft.) ≤15 ≤15 ≤15 10 0 0 NA 5 – 15 5 – 20 F Side Setbacks (Ft.) 3-5 3-5 3-5 5-15 0-10 0-10 NA 5-10 5-10 F Rear Setback (Ft.) 10 10 10 10 10 10 NA 10 15 F
Notes:
A: With exceptions for substandard lots per Brisbane Municipal Code Sections 17.32.055.A, 17.08.040.B & 17.10.040.B B: No less than a 5,000 sq. ft. lot is possible in the R-BA under Use Permit for Density Transfer or Clustered Development.
C: Residential uses are as part of a mixed-use project in the NCRO-2.
D: Densities established in conjunction with Use Permit and/or Design Permit approval.
E: Densities in the SCRO-1 are Single-Family Unit: 1/7,500; Duplex: 1/3,750; Multi-Family Units: 1/1,500; Mixed-Use & Live/Work F: PD is subject to Specific Plan and PD Permit approval. The Northeast Ridge is a PD district and has been developed with 499 housing units.
G: 0.72 FAR up to a maximum floor area of 5,500 sq ft for SFR. Exception allowed for ADUs.
H: Mixed use in the SCRO-1 district must meet the definition of Housing Development Project or a Streamlined Housing Development Project, defined in BMC Section 17.02.
General Notes: Transitional housing, supportive housing and factory-built/manufactured housing (including mobilehomes) are treated as “dwellings” by definition per Brisbane Municipal Code Section 17.02.235; single-room-occupancy units are categorized as multiple-family dwellings per BMC Section 17.02.235.C.
The following subsections provide a discussion of how sites were identified in the categories of:
• Vacant and non-vacant sites
• Mixed Use Sites
• Residential Zones without a minimum density
• Sites Already Zoned for Housing Development with Minimum Density • Sites to be Zoned for Housing Development with Minimum Density • Pipeline Projects
• Accessory Dwelling Units
4.1 Vacant and Nonvacant Sites:
The City of Brisbane’s Sites Inventory for future housing development includes properties zoned for development of single and multi-family housing that are vacant, non-vacant land that is otherwise underutilized and is zoned at least 20 du/ac (see Section 4.4), and/or land that is non-residentially zoned and vacant that is identified for rezoning (see Section 4.5). Both vacant and nonvacant sites that are zoned mixed-use were included. As shown in Table B.7.1 below, the Housing Sites Inventory demonstrates that there is enough capacity in the sites inventory to meet the City's RHNA.
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All of City's affordable housing would be developed on land that is either underutilized or vacant. As shown in Table B.4.3, and per Government Code Section 65583.2(g)(2), the City does not rely on nonvacant sites to accommodate more than 50 percent of RHNA for lower income households; 51% of the City’s below market rate affordable housing would be developed on vacant land while nonvacant land would accommodate 49%.
The analysis of capacity for affordable housing units (extremely low-, very low-, and low-income households) utilizes the minimum density of at least 20 units to the acre, deemed to facilitate affordable housing development given Brisbane is considered a “suburban jurisdiction” based on its population being under 20,0001.
TABLE B.4.3
Percentage of Lower Income RHNA on Nonvacant Sites
Brisbane’s Lower Income RHNA 500
Units in Pipeline Projects 2
ADUs 24
Capacity on Vacant Sites 227
Total Capacity of Lower Income RHNA (not related to nonvacant sites) 253 Capacity on Nonvacant Sites to be Rezoned 247
Percentage of Lower Income RHNA Capacity on Nonvacant Sites 49% For reference, a table of current zoning district standards is provided as Table B.4.2 above.
4.2 Mixed-Use Sites.
Brisbane has two mixed-use zones that also allow residential development, the NCRO-2 Downtown Brisbane Neighborhood Commercial and SCRO-1 Southwest Bayshore Commercial districts. In the last five years, most projects located in the City’s mixed-use zones have included a residential component.
Table B.4.4 shows the dwelling units per acres of approved projects on sites in mixed-use zones from 2017-2021.
TABLE B.4.4
Planning Approvals du/ac in NCRO-2/SCRO-1 2018-2022
Address
Development Type
Description No. of
Dwelling
Units
% of
Project
Residential
(approx.)
Base
Zone
Lot
Size
(Acres)
Dwelling
Units
per Acre
(du/ac)
213 Visitacion Ave
Mixed Use
Demo existing structure
and construct new 3-story
building
4 94% NCRO-2 .06 64
18 Visitacion Ave
Mixed Use
Construct new 3-story
building on vacant lot
2 95% NCRO-2 .06 35
36-50 San Bruno
Ave
Mixed Use
Demo existing parking lot
and construct 3-story
senior housing building
16 93% NCRO-2 .22 73
1 65583.2(e)
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23 San Bruno Ave
Mixed Use
Demo existing structure
and construct new 3-story
building
4 90% NCRO-2 .11 35
3998 Bayshore Blvd
Single-Family
Construct new singlefamily home on vacant lot1 100% SCRO-1 .21 5 Total Projects 5
Total with Residential 5 (100%)
Average Dwelling Units per Acre for Projects with Residential 42 Although the percentage of residential uses in these projects varied widely, the average density was 42 units to the acre. State guidance is to extrapolate the trend by multiplying the probability times the 42 du/ac average. Since 100% of the mixed-use zoned sites historically included housing, the result remains 42 du/ac. For those sites that assume mixed use with residential components in the sites inventory, potential density is assumed more conservatively at 23 du/ac in the NCRO-2 Zoning District, except for one site discussed below, due to small lot sizes and 8 du/ac in the SCRO-1 Zoning District due to environmental constraints. The one exception applies to a site that was entitled for a mixed-use development at 73 du/ac prior to 2020 but was not developed, likely due in part to the COVID-19 pandemic and subsequent economic impacts depressing development rates across the country. For this site alone, the potential capacity utilized 42 du/ac (see Table B.7.2). • 36-50 San Bruno Avenue: This site is a unique, potential development site in the NCRO-2 mixeduse district. It has a chained-off parking lot that has not been used in over a decade. The parking lot has not been maintained, is in poor condition, and does not serve any existing or prospective businesses. Furthermore, there are no known conditions to preclude development at the site.
The site was entitled for a mixed-use development at 73 du/ac prior to 2020 but was not developed, likely due in part to the COVID-19 pandemic and subsequent economic impacts depressing development rates across the country. However, the owner remains interested in developing the site with higher density residential development. Additionally, program 7.A.2 would amend the NCRO-2 district to allow by-right mixed-use residential development which would facilitate development of this underutilized site.
For this mixed-use site alone, the potential capacity utilized 42 du/ac (see Table B.7.2), per the trend indicated in Table B.4.4. Development at this or higher densities would require deed restricted, affordable units as a condition of approval per the City’s Inclusionary Ordinance.
4.3 Residential Zones without a Minimum Density.
Only two of Brisbane’s residential zoning districts requires a minimum density. These are the Parkside PAOZ-1 and PAOZ-2 districts, discussed below. In these other zoning districts without a minimum unit density requirement, the Housing Element must demonstrate how the number of units determined for each site will be accommodated, taking land use controls and site improvement requirements (setbacks, building height, parking, etc.) into account. Housing development already exists within subareas that ATTACHMENT 1
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have residential zoning but no minimum densities established, including the Central Brisbane, Brisbane Acres and Southwest Bayshore subareas.
Of the 82 residential sites without a minimum density included on the inventory, just two sites are projected to contain more than one residential unit, both pipeline projects. Most of these sites, a total of 78, are located within a zoning district that only permits one single-family dwelling (SFD) per lot. One exception is 335 Mariposa Street, a nonvacant, underutilized site, that permits multiple-family residential. Its development potential is discussed in greater detail below. Of those the 78 single-family zoned lots, another 38 are further restricted by environmental, access and infrastructure constraints and have a realistic capacity of zero.
Of the remaining 40 sites that only permit one SFD per lot, 32 are vacant. The remaining eight lots identified on the inventory, while developed with a SFD, are at least 10,000 square feet and could therefore be subdivided into two lots that each could be developed with a SFD per the City’s Zoning Ordinance. The land use and development standards for all of the current residential districts, including minimum lot size and maximum density, are provided in Table B.4.2.
While 75 percent of these lots would likely have to demolish the existing SFD in order to subdivide, in the past five years the City has approved two subdivisions in the R-1 residential zoning district, a district that only allows one single-family dwelling per lot, which redeveloped with a net increase of one housing unit – including the demolition of an existing SFD – summarized below:
Site Address Zoning
District
Preexisting
Use/Lot Size Entitled Project/Use
305 Humboldt Road R-1 SFD; 13,400 SF Subdivide existing lot, retain existing SFD, and construct new SFD and ADU on newly created lot
154 Tulare Street R-1 SFD; 10,100 SF Subdivide existing lot, demo existing SFD and construct new SFD and ADU on each newly
created lot.
• 335 Mariposa Street: This site is another unique, potential development site in the R-2 residential district that is comprised of two lots. Historically, the site was a parking lot for an adjacent commercial use, but it has been chained-off and unused for nearly a decade. The parking lot has not been maintained, is in poor condition, and no longer serves any existing or prospective businesses. Nor does the City require that the parking lot serve the adjacent commercial use. Furthermore, there are no known conditions to preclude development at the site, including off-site parking agreements with adjacent commercial properties.
The property was recently purchased and the new owner is interested in developing the site with multiple-family residential development. Though not a pipeline project, an application was submitted in 2023 to merge the underlying lots to facilitate development of a duplex and two ADUs at the site, the maximum capacity of the site. Discretionary approval is not required for duplexes and the duplex units are anticipated to be above moderate units.
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4.4 Nonvacant Sites Already Zoned for Housing Development with a Minimum Density.
The sites inventory includes nonvacant sites that are zoned for by-right housing development at minimum densities of 20-24 du/ac with no discretionary design review in the Parkside Residential Overlay PAOZ-1 and PAOZ-2 zoning districts. These zoning districts were established in 2018 as part of the City’s 5th cycle rezoning program to accommodate a 4th cycle shortfall of sites (see Appendix A, Evaluation of the 2015-2022 Housing Element, for additional discussion of the rezoning program). With minimum densities of at least 20 du/ac (PAOZ-1) and 24 du/ac (PAOZ-2), these districts will accommodate housing units affordable for lower income households per Government Code Section 65583.2(c)(3)(B)(iii). Because the sites are currently nonvacant, the City conducted the following analysis to evaluate the sites’ potential for development in the 2023-2031 cycle per Government Code Section 65583.2(g)(1):
• Existing uses: Sites in the PAOZ-1 and PAOZ-2 districts are developed with exclusively concrete tilt-up warehouses built between 1966-1969 and at nearly 60 years old are approaching the end of their functional lifespan. These single-story structures are developed at significantly lower heights (14-25 feet) than the district maximum (38-40 feet for residential structures) and less overall intensity (0.19-0.47 FAR) compared to the district maximum (2.0 FAR for commercial development, no maximum for residential development). These characteristics indicate that residential redevelopment would maximize development potential of these sites compared to existing conditions.
• Trends: In the past fifteen years, the City has approved entitlements for five residential projects on nonvacant sites that included demolition of existing structures and redevelopment with higher density residential uses, summarized below:
Site Address Zoning District Existing Use Entitled Use
1 San Bruno Avenue NCRO-2 Gasoline service station 3-story mixed use (15 units above commercial)
23 San Bruno Avenue NCRO-2 Single-story warehouse 3-story mixed-use (4 units above commercial)
124 San Bruno Avenue R-3 Single-family dwelling Triplex 661 San Bruno R-3 Single-family dwelling Fourplex
213 Visitacion Avenue NCRO-2 Single-family dwelling 3-story mixed use (4 units above commercial)
In addition to these trends in Brisbane, the following projects in nearby jurisdictions further demonstrate the potential for development of nonvacant sites with similar uses since 2020:
Jurisdiction Site Address Zoning Existing Use Entitled Use Belmont 1325 Old
County Road
Village Corridor
Mixed Use
Mix of commercial and industrial
buildings, predominantly one and
two-story tilt-up concrete
construction
250
dwelling
units
Burlingame 1855-1881
Rollins Road
Rollins Road
Mixed Use
Industrial buildings 420
dwelling
units
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Foster City 326-332
Argonaut (Wc
Building 3)
Commercial
Mixed/
Planned
Development
Single-story tilt-up industrial/office 20 dwelling
units
Menlo Park 141 Jefferson
Drive
R-MU Bayfront
Innovation
Area
Light manufacturing/ warehouse 483
dwelling
units
Menlo Park 1401 Willow
Road
R-MU Bayfront
Innovation
Area
R&D Flex, Warehouse 1,729
dwelling
units
South San
Francisco
1477
Huntington
Commercial 1-story commercial 262
dwelling
units
South San
Francisco
7 S Linden Ave. Industrial 1-story commercial 558
dwelling
units
Sources: San Mateo County Residential Multi-Family Development Trends Research, 2023; compiled by Century Urban and Community Planning Collaborative for 21 Elements.
This sample of projects in other jurisdictions shows a range of feasibility for residential redevelopment of nonvacant sites with existing warehouse, industrial, and other general commercial uses similar to those in the PAOZ-1 and PAOZ-2 district.
• Current market demand: The Parkside at Brisbane Village Precise Plan (adopted 2017) contains the design objectives for the PAOZ-1 and PAOZ-2 overlay districts informed by an economic feasibility study.
2 This study found that the housing types permitted by the PAOZ-1 and PAOZ-2 districts to be economically feasible at the densities permitted. In 2020, the City had discussions with a national housing development firm with interest in developing sites in the PAOZ-2 district. The COVID-19 pandemic and subsequent economic impacts depressing development rates across the country, fueled by supply chain disruptions, labor costs, inflation and high interest rates, has likely dampened developer interest, but over the course of the eight year planning period it is likely these short-term economic impacts will shift. • Existing tenancies: The properties are currently 100% occupied and current lease information is not publicly available with the exception of 25 Park Place, for which a 10-year lease exceeding the current planning cycle was recently signed by the City of Brisbane (this property’s development capacity has been adjusted to zero to reflect this lease term). However, given the existing use characteristics, development trends and market analysis, existing tenancies are not sufficient to eliminate the development potential of these districts. • Additional standards to encourage residential development: To facilitate development of sites within these districts, the Parkside at Brisbane Village Precise Plan and PAOZ-1 and PAOZ-2 2 Strategic Economics, 2016. Reference: Parkside Plan Documents | City of Brisbane, CA (brisbaneca.org) ATTACHMENT 1
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district standards provide a streamlined, ministerial design review process for projects that comply with the objective zoning and design standards established in the Precise Plan and district regulations. This review process would expedite project review substantially, eliminating from six months to one year of processing time to similar development proposals in other zoning districts. This is in addition to permitting residential development by-right at minimum densities of 20 and 24 du/ac, which no other zoning districts currently permit (note the rezoning of the Baylands subarea via adoption of a Specific Plan will allow minimum densities of at least 20 du/ac, but this zoning has not yet been adopted).
In summary, while there are warehouses on these properties, they were developed in the 1960’s and are considered to be near the end of their functional lifespan. Housing would represent a higher and better use, and there was interest by potential developers in 2019, prior to the Covid-19 pandemic.
While construction slow-downs due to Covid-19 may have delayed development, the sites remain viable for redevelopment to housing, and per Government Code Section 65583.2(c)(1) jurisdictions can utilize that minimum density to determine the capacity of a site. Additionally, though these nonvacant sites were identified in a prior housing element, the PAOZ districts require development at or above the minimum density of 20 du/ac per Government Code Section 65583.2(c)(3)(B)(iii), and allow residential development by-right per Government Code Section 65583.2(c). These sites will also comply with all the applicable Government Code standards to accommodate the RHNA for lower income households.
Program 2.E.4 is provided in Chapter 5 to update the Inclusionary Housing ordinance by January 31, 2024 and will include a requirement that at least 20% of the units in the POAZ-1 and POAZ-2 districts are to be affordable to lower income households..
Housing development of affordable units in the Parkside areas meets the requirements of AFFH, in that the area was identified for housing given its various qualities of being an extension of the existing Central Brisbane residential areas, having existing infrastructure, and having walkable access to various amenities, including:
• Schools (Silverspot Nursery School, Brisbane Elementary School and Lipman Middle School) • Public Transportation (SamTrans Route 292 and shuttle services) • Central Brisbane Shops and Restaurants
• Community Park and other parks and walking trails
• Senior Center
• City Hall
4.5 Sites to be Zoned for Housing Development with Minimum Density.
The above outlined zoning provides existing residential zoned sites for a total of 426 housing units.
Since this is short of Brisbane’s RHNA of 1,588, including 803 in the moderate- and lower-income categories, Government Code Section 65583(c)(1)(A) calls for a program to provide zoning within 3 years of the statutory deadline to establish zoning by right. The zoning is also to be by-right to a minimum of 20 units per acre on sites that can accommodate at least 16 units, with not more than 50 percent of the requirement in mixed use.
In 2006, the landowner for the Baylands subarea filed a draft Specific Plan with the City for development of the largely vacant, approximately 642-acre brownfields site. After many years of community input and deliberations by the Planning Commission and City Council, the City crossed the milestone in 2018 ATTACHMENT 1
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of approving ballot Measure JJ, which allowed for development of 1,800 to 2,200 housing units on the vacant lands, approximately 52.8 acres (see Figures B.7.1 and B.7.3), in the northwest quadrant of the Baylands. Measure JJ also allowed for up to 7 million square feet of new commercial development, plus parklands and infrastructure. In 2019, a general plan amendment was adopted by City Council as the first implementation task of Measure JJ. Measure JJ also requires the developer to prepare a Specific Plan implementing the land use program to address the following:
• Ensure that the site is remediated to safely accommodate residential uses • Secure an adequate water supply
• Ensure that development is revenue-positive for the City • Incorporate sustainability principles including reduction in vehicle miles traveled • Protect/restore habitat and historic resources
• Address long-term sea level rise and flood protection On April 18, 2022, the developer submitted an updated draft Specific Plan. That specific plan is in process, with adoption by Brisbane’s City Council anticipated within the first 3 years of the housing element, to establish the zoning consistent with Measure JJ and the General Plan amendment. As indicated in Program 2.A.2 (see Chapter 5 – Housing Plan) the zoning will be completed by the statutory deadline. Sites that are within the boundaries of the draft Specific Plan are included in the Sites Inventory (Table B.7.2) and identified as a “Rezoning Project.” The draft Specific Plan calls for 2,200 housing units but the City is conservatively calculating the realistic capacity of the Baylands utilizing the minimum number of housing units designated in Measure JJ and the General Plan (1,800 housing units), or approximately 34 du/ac, exceeding the minimum 20 du/ac required to facilitate affordable housing development.
Finally, this vacant site requires site remediation (environmental clean-up), as indicated above.
Remedial Action Plans have been approved by both the State Department of Toxic Substances Control and the Regional Water Quality Control Board and there are no known environmental conditions that would preclude residential development as provided for in this Housing Element cycle. This is further discussed, with links to the remedial action plans provided in Chapter 3 – Resources, Section 3.1.2 - Site Inventory. Environmental clean-up under the approved Remedial Action Plans is estimated between three to four years to complete.
4.6 Pipeline Projects3:
In addition to the sites potentially available for development or redevelopment, projects that have been approved, permitted, or received a certificate of occupancy since the beginning of the RHNA projected period may be credited toward meeting the RHNA allocation based on the affordability and unit count of the development. For these projects, affordability is based on the actual or projected sale prices, rent levels, or other mechanisms establishing affordability in the planning period of the units within the project. As noted in Table B.4.1, there are currently 39 units that have been entitled since the beginning of the RHNA projected period and these sites are included in the Sites Inventory (Table B.7.2), as each is presumed to receive its Certificate of Occupancy (C of 0) after June 30, 2022. If any of these sites receive 3 The Baylands Specific Plan is not a pipeline project; it is a rezoning site, per Government Code Sections 65583.2(a)(4) and 65583.2(c).
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their C of O before this date, or the project does not continue, the spreadsheet will be modified accordingly.
The affordability of the City’s 39 units that comprise the City’s pipeline projects is summarized below, with five units qualifying as below market rate. These lower and moderate-income units will be deed restricted, per the entitlement conditions of approval. There are no income restrictions for the units at 213 Visitacion Avenue, 18 Visitacion Avenue, and 221 Tulare Street.
Address APN Very Low
50% AMI
Low 80%
AMI
Moderate
120% AMI
Above
Market Rate Total
3750 - 3780
Bayshore Blvd
007-350-040; -
050; -060; -
070; -080; -090
2 3 25 30
213 Visitacion
Ave
007-283-080 4 4
18 Visitacion Ave 007-221-190 2 2
221 Tulare St 007-361-220 3 3
Totals 2 3 34 39
Moreover, the Sites Inventory (Table B.7.2) and site identification program (2.A.2) in the City’s Housing Element includes sufficient sites to accommodate the City’s RHNA, both in terms of the number of housing units as well as the level of affordability (see Section 6).
4.7 Accessory Dwelling Units:
The State now allows jurisdictions to count projected development of accessory dwelling units (ADUs) based on prior years' production averages. Substantial changes in State law pertaining to ADUs in the last several years have made it much easier for homeowners to create ADUs within Brisbane. According to City records, 7 ADUs were permitted in 2021, demonstrating an increase in development over the prior years, where 2 permits were issued in 2020 and 6 in 2019. This inventory includes a projection of 5 ADUs annually over the eight-year Housing Element period, resulting in 40 new ADUs.
A study conducted by the Association of Bay Area Governments (ABAG) from September 2021 found that ADUs are rented at a variety of rates and often meet lower income affordability requirements based on the incomes of the occupants and/or their rental rates. Based on these findings, local jurisdictions are justified in using certain percentages to meet their affordable housing allocations.
Although the State has not yet officially approved the conclusions of the study, it has agreed that jurisdictions can allocate ADUs towards a range of income levels.
The study's recommended affordability breakdown that a Bay Area jurisdiction can use for ADUs, which is as noted as being conservative, is 30% very low, 30% low, 30% moderate and 10% above moderate.
Thus, the Sites Inventory will be using this affordability mix (12/12/12/4) to estimate ADU affordability in Brisbane.
ATTACHMENT 1
130
K.
APPENDIX B CITY OF BRISBANE 2023-2031 HOUSING ELEMENT
B-20
ATTACHMENT 1
131
K.
APPENDIX B
B-21
ATTACHMENT 1
132
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APPENDIX B CITY OF BRISBANE 2023-2031 HOUSING ELEMENT
B-22
ATTACHMENT 1
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APPENDIX B
B-23
TABLE B.7.1
Brisbane’s RHNA Capacity and Affordability Breakdown by Subarea Subareas Pipeline Very Low Low Moderate Above Moderate Total Units Baylands 145 82 287 1,286 1,800
Parkside 159 87 0 0 246
Central Brisbane 39 1 2 4 131 134
ADUs 12 12 12 4 40
Totals 317 183 303 1,419 2,220
RHNA 317 183 303 785 1,588
Buffer 632-1,032* (40-65%)
Table Source: Housing Resources Sites Inventory, 2022
* The Baylands allows for 1,800-2,200 dwelling units; the developer is currently proposing 2,200 while the Housing Element is using 1,800 for its capacity analysis
To see the full list of adequate housing development identified by the City, see Table B.7.2 ATTACHMENT 1
134
K.
Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code
Assessor
Parcel
Number
Consolidated
Sites
General Plan
Designation (Current)
Zoning
Designation
(Current)
Minimum Density
Allowed
(units/acre)
Max Density
Allowed
(units/acre)
Parcel Size
(Gross
Acres)
Existing Use/Vacancy Infrastructure Publicly-Owned Identified in Last/Last Two Planning Cycle(s)
Site Status
Lower
Income
Capacity
Moderate
Income
Capacity
Above Moderate
Income Capacity
Total
Capacity
Optional Information 1 Optional Information 2 Optional Information 3 Brisbane Citywide- ADUs 94005 NA NA NA NA NA NA NA YES-Current NO - Privately-Owned Not Used in Previous RHNA Cycles Available 24 12 4 40 Program to update ADU ordinance to comply with State law Brisbane 50 San Bruno Ave, Brisbane Ca 94005 94005 007-222-020 A N C/R/O NCRO-2 0 73 0.12 Parking Lot YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 9 10 Underutilized lot with no
structures in Downtown;
previous entitlement to
allow 73 du/ac expired; no
maximum residential
density; recent projects
developed at 42 du/ac
Parking lot unused, not
maintained, in poor
condition, and does not
serve any existing or
prospective businesses; no
known conditions to
preclude development
Owner interest in
developing the site with
residential. Program
7.A.2 would allow byright mixed-use
residential; see Section
4.2 of Appendix B.
Brisbane 36 San Bruno Ave, Brisbane Ca 94005 94005 007-222-030 A N C/R/O NCRO-2 0 73 0.1 Parking Lot YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available "" "" Brisbane Baylands 94005 005-340-060 B PD - RP C-1 0 41.7 41.46** Vacant YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program 227 287 1,286 1,800 Interest from property
owner to develop with
2,200 residential units;
needs consolidation;
Specific Plan application
submitted in late 2022;
clean-up needed, process
currently underway
This parcel is a part of a
consolidated site which
covers over 500 acres and
is wholly or partially
within the area of a
rezoning program
(Program 2.A.2) that
would accommodate
residential units by right
Only 52.8 acres of vacant
land in the northwest
quadrant (see Figure
B.7.1) would be
residential and
accommodate the total
capacity indicated;
combined acreage will be
re-parcelized; see
Sections 3.1 & 4.5 of
Appendix B
Brisbane Baylands 94005 005-340-080 B PD - RP C-1 0 41.7 20.41** Vacant YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane Baylands 94005 005-340-090 B PD - RP C-1 0 41.7 18.25** Vacant YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane Baylands 94005 005-340-100 B PD - RP C-1 0 41.7 10.45** Vacant YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane 2635 Bayshore Blvd, Brisbane Ca 94005 94005 005-340-120 B PD - RP C-1 0 41.7 0.12** Warehouse (Industrial) YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane Baylands 94005 005-340-998 B PD - RP C-1 0 41.7 0.4** Vacant YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane Baylands 94005 005-350-070 B PD - NR C-1 0 41.7 51.39** Vacant YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane 100 Industrial Way, Brisbane Ca 94005 94005 005-311-070 B PD - NR M-1 0 41.7 1.72** Warehouse (Industrial) YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane 55 Industrial Way, Brisbane Ca 94005 94005 005-312-070 B PD - NR M-1 0 41.7 2.11** Warehouse (Industrial) YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane 21 Industrial Way, Brisbane Ca 94005 94005 005-312-120 B PD - RP M-1 0 41.7 1.03** Warehouse (Industrial) YES-Planned NO - Privately-Owned Not Used in Previous RHNA Cycles Rezoning Program "" "" "" Brisbane 96 Paul Ave, Brisbane Ca 94005 94005 007-410-270 C R R-1 0 8.7 0.07 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 Needs consolidation; no
public roadway; utilities
available
Brisbane 96 Paul Ave, Brisbane Ca 94005 94005 007-410-280 C R R-1 0 8.7 0.08 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available "" Brisbane 600 Humboldt Rd, Brisbane Ca 94005 94005 007-402-040 D R R-1 0 8.7 0.06 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 Needs consolidation;
owned in common Vacant, underutilized lots
Brisbane 600 Humboldt Rd, Brisbane Ca 94005 94005 007-402-050 D R R-1 0 8.7 0.11 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available "" "" Brisbane 1100 San Bruno Ave, Brisbane Ca 94005 94005 007-556-010 E R R-BA 0 2.2 1.21 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 5 6 Interest from property
owner to develop with
residential
Preliminary development
plans reviewed by City
with intent to apply in
2023
Vacant site;
environmentally sensitive
site
Brisbane 1100 San Bruno Ave, Brisbane Ca 94005 94005 007-560-120 E R R-BA 0 2.2 0.29 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available "" "" "" Brisbane 1100 San Bruno Ave, Brisbane Ca 94005 94005 007-560-130 E R R-BA 0 2.2 1.39 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available "" "" "" Brisbane 1100 San Bruno Ave, Brisbane Ca 94005 94005 007-560-140 E R R-BA 0 2.2 1.33 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available "" "" "" Brisbane 3750-3780 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-040 F S C/R/O SCRO-1 0 29 0.53 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Pipeline Project 2 3 25 30 Interest from property
owner to develop with
residential; project
entitled under DP/UP-1-
02; development rights
vested
Affordable units will be
deed restricted, per
conditions of approval;
see Section 4.6 of
Appendix B
Needs consolidation;
vacant lots; consolidated
lot larger than .5 acres
Brisbane 3750-3780 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-050 F S C/R/O SCRO-1 0 29 0.48 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Pipeline Project "" "" "" Brisbane 3750-3780 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-060 F S C/R/O SCRO-1 0 29 0.48 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Pipeline Project "" "" "" Brisbane 3750-3780 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-070 F S C/R/O SCRO-1 0 29 0.48 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Pipeline Project "" "" "" Brisbane 3750-3780 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-080 F S C/R/O SCRO-1 0 29 0.48 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Pipeline Project "" "" "" Brisbane 3750-3780 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-090 F S C/R/O SCRO-1 0 29 0.48 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Pipeline Project "" "" "" Brisbane 3700 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-130 G S C/R/O SCRO-1 0 29 0.65 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 5 5 Needs consolidation;
underutilized lots; larger
than .5 acres
District recently changed
to allow residential by
right; allows up to 30
du/ac
Housing development
projects not subject to
discretionary design
standards
Brisbane 3700 Bayshore Blvd, Brisbane Ca 94005 94005 007-350-140 G S C/R/O SCRO-1 0 29 0.05 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** "" "" Brisbane 248 Visitacion Ave, Brisbane Ca 94005 94005 007-272-030 N C/R/O NCRO-2 0 73 0.1 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 Nonconforming singlefamily home in Downtown
district; underutilized lot
No maximum residential
density; recent projects
developed at 42 du/ac
Brisbane 213 Visitacion Ave, Brisbane Ca 94005 94005 007-283-080 N C/R/O NCRO-2 0 73 0.06 Single Family Residential YES-Current NO - Privately-Owned Not Used in Previous RHNA Cycles Pipeline Project 4 4 Interest from property
owner to redevelop; onestory single-family home
Entitled under DP-2-20
and UP-4-20; extension
granted until December
2025
No affordable units; see
Section 4.6 of Appendix B
Brisbane 185 Visitacion Ave, Brisbane Ca 94005 94005 007-281-090 N C/R/O NCRO-2 0 73 0.11 Retail Stores ( Personal Services,
Photography, Travel) YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 3 3 Older, one-story
underutilized lot; adjacent
to newly constructed
public library
No maximum residential
density; recent projects
developed at 42 du/ac
Brisbane 18 Visitacion Ave, Brisbane Ca 94005 94005 007-221-190 N C/R/O NCRO-2 0 73 0.06 Vacant YES-Current NO - Privately-Owned Not Used in Previous RHNA Cycles Pipeline Project 2 2 Entitled under DP-3-20 &
UP-5-20; active building
permit issued 2021
No affordable units; see
Section 4.6 of Appendix B
Brisbane 43 Park Pl, Brisbane Ca 94005 94005 005-202-160 PR -TC PAOZ-1 20 28
1.12 Warehouse (Industrial) YES-Current NO - Privately-Owned Used 5th RHNA Cycles Available 23 23
One-story, 60 year old
building; larger than .5
acres; underutilized use;
Current height 14-25 ft
whereas 38-40 ft allowed;
current FAR less than 0.49
whereas no max for
residential
Adjacent to Downtown,
minimum residential
density 20 du/ac;
economic feasibility study
found density viable
Projects in other
jurisdictions show a
range of feasibility for
residential
redevelopment of
nonvacant sites; see
Section 4.4 of Appendix
B
Brisbane 280 Old County Rd, Brisbane Ca 94005 94005 005-202-210 PR -TC PAOZ-1 20 28 1.5 Post Office YES-Current NO - Privately-Owned Used 5th RHNA Cycles Available 30 30 "" "" "" Brisbane 25 Park Ln, Brisbane Ca 94005 94005 005-212-100 PR -TC PAOZ-1 20 28 1.27 Warehouse (Industrial) YES-Current NO - Privately-Owned Used 5th RHNA Cycles Available 26 26 "" "" "" Brisbane 145 Park Ln, Brisbane Ca 94005 94005 005-190-100 PR -TC PAOZ-2 24 28
2.88 Warehouse (Industrial) YES-Current NO - Privately-Owned Used 5th RHNA Cycles Available 70 70 ""
Adjacent to Downtown,
minimum residential
density 24 du/ac;
economic feasibility study
found density viable ""
APPENDIX B: Table B.7.2 - Housing Sites Inventory
CITY OF BRISBANE 2023-2031 HOUSING ELEMENT
B-XX
ATTACHMENT 1
135
K.
Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code
Assessor
Parcel
Number
Consolidated
Sites
General Plan
Designation (Current)
Zoning
Designation
(Current)
Minimum Density
Allowed
(units/acre)
Max Density
Allowed
(units/acre)
Parcel Size
(Gross
Acres)
Existing Use/Vacancy Infrastructure Publicly-Owned Identified in Last/Last Two Planning Cycle(s)
Site Status
Lower
Income
Capacity
Moderate
Income
Capacity
Above Moderate
Income Capacity
Total
Capacity
Optional Information 1 Optional Information 2 Optional Information 3 Brisbane 105 Park Ln, Brisbane Ca 94005 94005 005-202-150 PR -TC PAOZ-2 24 28
2.13 Warehouse (Industrial) YES-Current NO - Privately-Owned Used 5th RHNA Cycles Available 52 52
One-story, 60 year old
building; larger than .5
acres; underutilized use;
Current height 14-25 ft
whereas 38-40 ft allowed;
current FAR less than 0.49
whereas no max for
residential
Adjacent to Downtown,
minimum residential
density 24 du/ac;
economic feasibility study
found density viable
Projects in other
jurisdictions show a
range of feasibility for
residential
redevelopment of
nonvacant sites; see
Section 4.4 of Appendix
B
Brisbane 91-99 Park Ln, Brisbane Ca 94005 94005 005-202-200 PR -TC PAOZ-2 24 28 1.86 Warehouse (Industrial) YES-Current NO - Privately-Owned Used 5th RHNA Cycles Available 45 45 "" "" "" Brisbane 258 Humboldt Rd, Brisbane Ca 94005 94005 007-202-020 R R-1 0 8.7 0.13 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 Conforming, vacant lot in
single-family district
No discretionary review
required for single-family
homes
Brisbane 114 Santa Clara St, Brisbane Ca 94005 94005 007-233-200 R R-1 0 8.7 0.13 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 90 Kings Rd, Brisbane Ca 94005 94005 007-303-120 R R-1 0 8.7 0.16 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 250 Sierra Point Rd, Brisbane Ca 94005 94005 007-313-230 R R-1 0 8.7 0.18 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 221 Mendocino St, Brisbane Ca 94005 94005 007-332-080 R R-1 0 8.7 0.06 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 231 Santa Clara St, Brisbane Ca 94005 94005 007-342-170 R R-1 0 8.7 0.06 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 625 Humboldt Rd, Brisbane Ca 94005 94005 007-401-070 R R-1 0 8.7 0.11 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 20 Margaret Ave, Brisbane Ca 94005 94005 007-410-010 R R-1 0 8.7 0.1 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 180 Kings Rd, Brisbane Ca 94005 94005 007-410-090 R R-1 0 8.7 0.18 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 160 Kings Rd, Brisbane Ca 94005 94005 007-410-100 R R-1 0 8.7 0.22 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 20 Tulare St, Brisbane Ca 94005 94005 007-242-090 R R-1 0 8.7 0.13 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 94 Paul Ave, Brisbane Ca 94005 94005 007-410-200 R R-1 0 8.7 0.18 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 92 Paul Ave, Brisbane Ca 94005 94005 007-410-210 R R-1 0 8.7 0.1 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 50 Paul Ave, Brisbane Ca 94005 94005 007-410-300 R R-1 0 8.7 0.12 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 298 Kings Rd, Brisbane Ca 94005 94005 007-423-010 R R-1 0 8.7 0.12 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 262 Kings Rd, Brisbane Ca 94005 94005 007-423-050 R R-1 0 8.7 0.12 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 11 Margaret Ave, Brisbane Ca 94005 94005 007-423-120 R R-1 0 8.7 0.12 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 779 Humboldt Rd, Brisbane Ca 94005 94005 007-431-230 R R-1 0 8.7 0.08 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 783 Humboldt Rd, Brisbane Ca 94005 94005 007-431-250 R R-1 0 8.7 0.14 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 730 Humboldt Rd, Brisbane Ca 94005 94005 007-432-090 R R-1 0 8.7 0.11 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 788 Humboldt Rd, Brisbane Ca 94005 94005 007-432-380 R R-1 0 8.7 0.09 Vacant YES-Current NO - Privately-Owned Not Used in Previous RHNA Cycles Available 1 1 "" "" Brisbane 462 Kings Rd, Brisbane Ca 94005 94005 007-443-110 R R-1 0 8.7 0.13 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 466 Kings Rd, Brisbane Ca 94005 94005 007-443-120 R R-1 0 8.7 0.13 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 150 Lake St, Brisbane Ca 94005 94005 007-461-010 R R-1 0 8.7 0.07 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 808 Sierra Point Rd, Brisbane Ca 94005 94005 007-521-090 R R-1 0 8.7 0.14 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 855 Sierra Point Rd, Brisbane Ca 94005 94005 007-522-140 R R-1 0 8.7 0.16 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 865 Sierra Point Rd, Brisbane Ca 94005 94005 007-522-150 R R-1 0 8.7 0.15 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" Brisbane 850 San Bruno Ave, Brisbane Ca 94005 94005 007-551-030 R R-1 0 8.7 0.44 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" Brisbane 240 Trinity Rd, Brisbane Ca 94005 94005 007-202-060 R R-1 0 8.7 0.29 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 Large lot with singlefamily home that could be
split into 2 conforming lots
2 projects within last 5
years split lot and
developed 2 new homes
each with an ADU
Existing home would
need to be demolished to
subdivide; see Section
4.3 of Appendix B
Brisbane 460 Klamath St, Brisbane Ca 94005 94005 007-262-190 R R-1 0 8.7 0.23 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" Existing home would NOT
need to be demolished to
subdivide; see Section
4.3 of Appendix B
Brisbane 50 Kings Rd, Brisbane Ca 94005 94005 007-303-060 R R-1 0 8.7 0.3 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" Existing home would
need to be demolished to
subdivide; see Section
4.3 of Appendix B
Brisbane 24 Kings Rd, Brisbane Ca 94005 94005 007-303-070 R R-1 0 8.7 0.39 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" "" Brisbane 150 Kings Rd, Brisbane Ca 94005 94005 007-410-110 R R-1 0 8.7 0.33 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" "" Brisbane 280 Kings Rd, Brisbane Ca 94005 94005 007-423-030 R R-1 0 8.7 0.27 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 1 "" "" "" Brisbane 303 Kings Rd, Brisbane Ca 94005 94005 007-432-140 R R-1 0 8.7 0.3 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" "" Brisbane 372 Kings Rd, Brisbane Ca 94005 94005 007-471-020 R R-1 0 8.7 0.27 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 2 2 "" "" Existing home would NOT
need to be demolished to
subdivide; see Section
4.3 of Appendix B
Brisbane 335 Mariposa St, Brisbane Ca 94005 94005 007-271-060 R R-2 0 17.6 0.05 Parking YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 Underutilized lot in multifamily district; no
discretionary review
required for single-family
homes/duplexes;
application to consolidate
and develop with duplex
and 2 ADUs
Parking lot unused, not
maintained, in poor
condition, and does not
serve any existing or
prospective businesses
No known conditions to
preclude development;
see Section 4.3 of
Appendix B
Brisbane 335 Mariposa St, Brisbane Ca 94005 94005 007-271-070 R R-2 0 17.6 0.05 Parking YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 "" "" "" Brisbane 219 Tulare St, Brisbane Ca 94005 94005 007-361-210 R R-3 0 29 0.06 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available 1 1 Conforming, vacant lot in
single-family district
No discretionary review
required for single-family
homes
Brisbane 221 Tulare St, Brisbane Ca 94005 94005 007-361-220 R R-3 0 29 0.15 Single Family Residential YES-Current NO - Privately-Owned Not Used in Previous RHNA Cycles Pipeline Project 3 3 Interest from property
owner to redevelop; onestory single-family home
Entitled under DP/EX-2-
18; extension granted
until June 2023
No affordable units; see
Section 4.6 of Appendix B
Brisbane Bayshore Blvd, Tulare St, Santa Clara St, Brisbane Ca 94005 (Nijem) 94005 007-250-010 R R-BA 0 2.2 2.28 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 Environmental, access, and infrastructure constraints Brisbane Bayshore Blvd, Tulare St, Santa Clara St, Brisbane Ca 94005 (Nijem) 94005 007-250-120 R R-BA 0 2.2 0.75 Vacant YES-Current NO - Privately-Owned Not Used in Previous RHNA Cycles Available *See cmt 0 "" Brisbane Bayshore Blvd, Tulare St, Brisbane Ca 94005 (Nijem, Lot 106) 94005 007-350-160 R R-BA 0 2.2 1.24 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Bayshore Blvd, Tulare St, Brisbane Ca 94005 (Sabharwal, Lots 3 & 4) 94005 007-350-190 R R-BA 0 2.2 2.35 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Bayshore Blvd, Tulare St, Brisbane Ca 94005 (Sabharwal, Lots 6 & 7) 94005 007-350-220 R R-BA 0 2.2 2.19 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 8 Joy Ave, Brisbane Ca 94005 94005 007-350-240 R R-BA 0 2.2 0.93 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Bayshore Blvd, Tulare St, Brisbane Ca 94005 (Peters Lot, 107) 94005 007-350-350 R R-BA 0 2.2 0.79 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 81 Paul Ave, Brisbane Ca 94005 94005 007-481-090 R R-BA 0 2.2 0.92 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 41 Margaret Ave, Brisbane Ca 94005 94005 007-482-010 R R-BA 0 2.2 0.46 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Margaret Ave, Beatrice Rd, Kings Rd, Brisbane Ca 94005 (Lavasani, Lot 84A) 94005 007-482-070 R R-BA 0 2.2 0.39 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Beatrice Rd, Margaret Ave, Brisbane Ca 94005 (Kelly, Lot 87) 94005 007-482-080 R R-BA 0 2.2 1.2 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 88 Beatrice Rd, Brisbane Ca 94005 94005 007-501-010 R R-BA 0 2.2 1.27 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Beatrice Rd, Margaret Ave, Brisbane Ca 94005 (Bednar, Lot 89) 94005 007-502-010 R R-BA 0 2.2 1.05 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Beatrice Rd, Margaret Ave, Brisbane Ca 94005 (Ibrahim, Lot 90) 94005 007-502-020 R R-BA 0 2.2 1.1 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 ""
APPENDIX B
B-XX
ATTACHMENT 1
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K.
Jurisdiction Name Site Address/Intersection 5 Digit ZIP Code
Assessor
Parcel
Number
Consolidated
Sites
General Plan
Designation (Current)
Zoning
Designation
(Current)
Minimum Density
Allowed
(units/acre)
Max Density
Allowed
(units/acre)
Parcel Size
(Gross
Acres)
Existing Use/Vacancy Infrastructure Publicly-Owned Identified in Last/Last Two Planning Cycle(s)
Site Status
Lower
Income
Capacity
Moderate
Income
Capacity
Above Moderate
Income Capacity
Total
Capacity
Optional Information 1 Optional Information 2 Optional Information 3 Brisbane 490 Kings Rd, Brisbane Ca 94005 94005 007-502-040 R R-BA 0 2.2 0.73 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 Environmental, access, and infrastructure constraints Brisbane Beatrice Rd, Margaret Ave, Brisbane Ca 94005 (Li Lot 90) 94005 007-502-050 R R-BA 0 2.2 1.09 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 1020 Humboldt Rd, Brisbane Ca 94005 94005 007-502-120 R R-BA 0 2.2 1.14 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 950 Humboldt Rd, Brisbane Ca 94005 94005 007-502-130 R R-BA 0 2.2 0.8 Residential-Vacant Land YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 930 Humboldt Rd, Brisbane Ca 94005 94005 007-502-150 R R-BA 0 2.2 0.88 Single Family Residential YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Humboldt Rd, Annis Rd, Brisbane Ca 94005 (Trinh, Lot 35) 94005 007-541-010 R R-BA 0 2.2 1.04 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 100 Harold Rd, Brisbane Ca 94005 94005 007-542-010 R R-BA 0 2.2 1.28 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 301 Harold Rd, Brisbane Ca 94005 94005 007-542-020 R R-BA 0 2.2 1.5 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 401 Harold Rd, Brisbane Ca 94005 94005 007-542-030 R R-BA 0 2.2 0.65 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane San Bruno Ave, Joy Ave, Brisbane Ca 94005 (Dharma, Lot 10) 94005 007-552-030 R R-BA 0 2.2 0.86 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane San Bruno Ave, Joy Ave, Brisbane Ca 94005 (Wong, Lot 9) 94005 007-553-170 R R-BA 0 2.2 0.79 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Harold Rd, Brisbane Ca 94005 (Gonzales, Lot 16) 94005 007-555-060 R R-BA 0 2.2 0.55 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 200 Harold Rd, Brisbane Ca 94005 94005 007-555-070 R R-BA 0 2.2 0.5 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Annis Rd, Brisbane Ca 94005 (Kelly, Lot 15 ptn) 94005 007-555-160 R R-BA 0 2.2 0.46 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 260 Annis Rd, Brisbane Ca 94005 94005 007-555-170 R R-BA 0 2.2 0.52 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 45 Gladys Ave, Brisbane Ca 94005 94005 007-555-180 R R-BA 0 2.2 0.62 Single Family Residential Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Gladys Ave, Brisbane Ca 94005 (Lau, Lot 22) 94005 007-560-150 R R-BA 0 2.2 1.06 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Gladys Ave, Brisbane Ca 94005 (Cheung, Lot 19) 94005 007-560-160 R R-BA 0 2.2 0.45 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Harold Rd, Brisbane Ca 94005 (Cheung, Lot 20) 94005 007-560-170 R R-BA 0 2.2 1.21 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane Harold Rd, Brisbane Ca 94005 (Jurkota, Lot 21) 94005 007-560-190 R R-BA 0 2.2 1.19 Vacant Yes-Potential NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available *See cmt 0 "" Brisbane 3852 Bayshore Blvd, Brisbane Ca 94005 94005 007-553-060 S C/R/O SCRO-1 0 29 0.21 Storage Yard, Open Storage (Light
Equipment, Material) YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 2 2 Underutilized, contractor's
storage yard; less than .5
acres
District recently changed
to allow residential by
right; allows up to 30
du/ac
Housing development
projects not subject to
discretionary design
standards
Brisbane 4090 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-010 S C/R/O SCRO-1 0 29 0.29 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 1 1 Vacant lot; less than .5
acres "" ""
Brisbane 4070 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-020 S C/R/O SCRO-1 0 29 0.36 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 4 4 Vacant lot; larger than .5
acres; owned in common
and could be consolidated "" ""
Brisbane 4070 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-030 S C/R/O SCRO-1 0 29 0.52 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 5 5 Vacant lot; larger than .5
acres; owned in common
and could be consolidated "" ""
Brisbane 4010-30 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-060 S C/R/O SCRO-1 0 29 0.26 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 2 2 Vacant lot; larger than .5
acres; owned in common
and could be consolidated "" ""
Brisbane 3998 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-080 S C/R/O SCRO-1 0 29 0.26 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 2 2 Vacant lot; less than .5
acres "" ""
Brisbane 3900 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-210 S C/R/O SCRO-1 0 29 0.56 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 2 2 Vacant lot; larger than .5
acres "" ""
Brisbane 4010-30 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-240 S C/R/O SCRO-1 0 29 0.23 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 2 2 Vacant lot; larger than .5
acres; owned in common
and could be consolidated "" ""
Brisbane 4010-30 Bayshore Blvd, Brisbane Ca 94005 94005 007-560-250 S C/R/O SCRO-1 0 29 0.52 Vacant YES-Current NO - Privately-Owned Used in 4th and 5th RHNA Cycles Available*** 5 5 Vacant lot; larger than .5
acres; owned in common
and could be consolidated "" ""
* The realistic capacity for parcels in the R-BA Zoning District is 2 above moderate units, including any potential units from density sending sites (Table B.7.3) ** Includes total acreage of any parcel currently located within the Baylands Draft Specific Plan where residential is proposed and permitted under the General Plan; the total acreage of land that permits residential uses under the draft Specific Plan is 52.8 acres - see Figure B.7.1 and B.7.3 *** Potential Emergency Shelter Site
B-XX
APPENDIX B CITY OF BRISBANE 2023-2031 HOUSING ELEMENT
ATTACHMENT 1
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This page is intentionally blank.
ATTACHMENT 1
138
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E-1
APPENDIX E - PUBLIC PARTICIPATION
Government Code Section 65583(c)(8) requires the City to “make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element.” In order to meet this requirement, the City undertook various means of gaining community input on the 2023-2031 Housing Element. A number of events were offered to the public through both our participation in the Countywide 21 Elements collaborative and through the Planning Commission or City Council as study sessions and workshops, from early 2021 through July 2022, leading up to the preparation and publication of the draft Housing Element in August 2022. All workshops and meetings prior to February 2023 were held virtually and were available to participate or view live, or view after the event, due to COVID-19 restrictions. However, the City did provide numerous in-person engagement opportunities in 2022 as in-person community events gradually resumed.
Public Review of Draft Element and AB 215
Compliance
The draft Housing Element was made available to
the public for comment, consistent with
Government Code Section 65585(b)(1) (AB 215,
Statues of 2021), for more than 30 days, through the
City’s Housing Element webpage and as a paper
copy at City Hall and the City’s Library. All public
comments received on the Draft Element were
considered by the City Council at a public hearing on
October 6, 2022, more than 10 days after closure of
the formal 30-day public comment period, and have
been incorporated into the Element (see
Attachments E.1 and E.2). Additionally, responses to
a community survey regarding noteworthy Housing
Element policies and programs were considered by
the Council at the October 6 hearing and are
incorporated into the Element (see Attachment E.3).
Following receipt of comments on the first draft of
the Element from the State Department of Housing
and Community Development (HCD), the Planning
Commission held a virtual public hearing to
recommend adoption and certification of the draft
Element, as revised following Council’s subsequent
review, on January 12, 2023. Subsequently, a revised
draft of the Element containing redlined revisions
addressing HCD comments was posted on the City’s
website on January 27, 2023. The City Council
considered the revised draft Element at a hybrid
public meeting on February 2, 2023, submitted
written testimony, and took verbal testimony. The
1 City staff tabling at the Farmer's
Market
32 Still from social
media video post
23 Staff tabling at
the Brisbane
Library
ATTACHMENT 1
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APPENDIX E CITY OF BRISBANE 2023-2031 HOUSING ELEMENT
E-2
Council voted to adopt the Element and certify its compliance with State law per Appendix F of the Element. The revised Element remained on the City website for more than seven days after it was posted before the revised Element was submitted to HCD on February 7.
Following the City Council’s adoption of the Housing Element on February 2, 2023, the Element was submitted to HCD. On April 5, 2023, HCD provided additional comments to be addressed prior to their certification. HCD’s April 5 comment letter along with the redlined edits were posted for the public review and comment on the City’s website, emailed to the interested parties list and posted on the City’s social media platforms on May 5. Paper copies of these materials were also made available at City Hall and at the Brisbane Library on May 8. This was more than 7 days prior to City Council’s public hearing on May 18 on the proposed revision to Housing Element and the subsequent resubmittal to HCD for state certification, consistent with the Gov’t Code.
The following provides an outline of events and public surveys.
Public Participation, Outreach, Education Events and Surveys Date Host Event Title and Format Outreach
3/25/21 Brisbane Planning
Commission
Planning Commission -
Housing Element
Introductory Workshop.
Livestreamed via: YouTube,
City Website link and Local
City TV Broadcast Channel 27.
City’s physical posting places (City
Hall, Library, Mission Blue Center)
Marquee Sign Boards at the
Community Park/Old County
Road and Mission Blue Drive and
Monarch Drive.
City’s Soclal Media Outlets
(Facebook, Twitter, Instagram
and Nextdoor).
Recorded and retained on the
City’s YouTube channel and
website to continue to be
available to the public.
4/01/21 STAR Article “Housing Element Update City of Brisbane Monthly 4 Staff and Planning Commissioners tabling at Day in the Park ATTACHMENT 1
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APPENDIX E CITY OF BRISBANE 2023-2031 HOUSING ELEMENT
E-8
Date Host Event Title and Format Outreach
and Instagram posts
8/31/22 Planning Staff “Coffee with a Planner” at
Brisbane Library- informal
drop-in conversations about
the Draft Housing Element
Facebook, Nextdoor, and
Instagram posts; Weekly BLAST
8/26/22
9/1/22 STAR Article Draft Housing Element Public
Comment period reminder
and community survey
September STAR (mailed to every
household)
10/1/22 Planning Staff “Day in the Park” community
event; information booth on
Housing Element and
planning projects
September STAR; Signboards;
Weekly BLAST emails September
2022; Facebook, Nextdoor, and
Instagram posts;
10/6/22 City Council Public Hearing
Meeting Packet
Signboards; Weekly BLAST
9/23/22 and 9/30/22; Housing
Element email notification
9/27/22; flyer mailer to multifamily residential addresses; Facebook, Nextdoor, and
Instagram posts; Housing Element
webpage
1/12/2023 Planning
Commission
Public Hearing
Meeting Packet
January STAR article, 1/6/23
Housing Element email
notification, 1/6/23 Weekly
BLAST
2/2/2023 City Council Public Hearing
Meeting Packet for Housing
Element self-certification and
adoption
February STAR article, 1/20/23
and 1/30/23 Housing Element
email notifications, Instagram and
Facebook posts, Housing Element
webpage
5/18/2023 City Council Public Hearing
Meeting Packet for Public
Hearing on draft revision to
the Housing Element,
adopted February 2, 2023
In advance of City Council’s
meeting packet for 5/18/23,
posting and distribution of HCD’s
4/5/23 comment letter and
redlined excerpts showing
proposed revisions to the
Element, via Housing Element
update webpage, email
notifications to Housing Element
list, Nextdoor, Instagram and
Facebook pages, all completed on
5/5/23. Paper copies of the same
materials placed at City Hall and
Brisbane Library on 5/8/23.
ATTACHMENT 1
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ATTACHMENT 2
draft
RESOLUTION 2023-XX
A RESOLUTION OF THE BRISBANE CITY COUNCIL
TO ADOPT GENERAL PLAN AMENDMENT 2023-GPA-1, MINOR REVISION TO THE ADOPTED 2023-2031 HOUSING ELEMENT
WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Brisbane’s (City) Regional Housing Needs Allocation (RHNA) of 1,588 housing units, comprised of 317 very-low income units, 183 low-income units, 303 moderate-income units, and 785 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, following an extensive public outreach program, review by the California Department of Housing and Community Development (HCD) and Planning Commission recommendation, the City of Brisbane City Council self-certified and adopted the 2023-2031 Housing Element (Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA and to meet the other provisions of the State Housing Law, via City Council Resolution 2023-03; and WHEREAS, on February 7, 2023 the City transmitted the self-certified and adopted 2023-2031 Housing Element to HCD for a 60-day review period to confirm compliance with State law; and
WHEREAS, on April 5, 2023, HCD submitted comments to the City regarding the adopted Element; and
WHEREAS, on May 5, 2023, in response to HCD’s comments, the City published revisions to the adopted 2023-2031 Housing Element on the City’s website, with hard copies available at the Brisbane Library and Brisbane City Hall, and provided courtesy 142
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ATTACHMENT 2
notice of a scheduled public hearing to all interested parties and provided notice via the City’s various social media platforms; and
WHEREAS, on May 18, 2023, the City Council conducted a duly and properly noticed public hearing to take public testimony and consider the Element as revised to address HCD’s comments, and all pertinent maps, documents, and exhibits, the staff report and all attachments, and oral and written public comments; NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The revised Housing Element is consistent with the 1994 General Plan, as amended.
3. The revised Housing Element complies with State Housing Element Law, as detailed in Appendix F of the Housing Element.
4. The proposed revisions to the previously self-certified 2023-2031 Housing Element, adopted via City Council Resolution 2023-03, are minor and do not substantially alter the policies contained in the adopted 2023-2031 Housing Element.
5. Adoption of the revisions to the adopted 2023-2031 Housing Element, attached hereto as Exhibit A, incorporated by this reference, is categorically exempt under CEQA Section 15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment. Revisions to the adopted 2023-2031 Housing Element, attached hereto as Exhibit A, incorporated by this reference, are adopted.
6. The Community Development Director is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all nonsubstantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification.
7. The Community Development Director is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
_______________________
MADISON DAVIS, Mayor
I hereby certify that the foregoing Resolution 2023-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on May 18, 2023, by the following vote:
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ATTACHMENT 2
AYES:
NOES:
__________________________
INGRID PADILLA, City Clerk
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 5, 2023
Clay Holstine, City Manager
City of Brisbane
50 Park Place
Brisbane, CA, 94005
Dear Clay Holstine:
RE: City of Brisbane’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Brisbane’s (City) housing element that was adopted February 2, 2023 and received for review on February 8, 2023. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from the Bay Area Council, Housing Action Coalition, Housing Leadership Council of San Mateo County, and YIMBY Law pursuant to Government Code section 65585, subdivision (c).
The adopted housing element addresses most statutory requirements described in HCD’s January 4, 2023 review; however, additional revisions are necessary to substantially comply with State Housing Element Law (Article 10.6 of the Gov. Code), as follows:
1. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory... (Gov. Code, § 65583, subd. (c)(1).) Progress toward the Regional Housing Need Allocation (RHNA): As noted in the prior review, the element may utilize pipeline and potential development projects toward the RHNA but must also demonstrate their affordability and availability in the planning period. While the element now identifies 39 units toward the RHNA ATTACHMENT 3
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Clay Holstine, City Manager