Agenda packet — Brisbane City Council, July 18, 2024 (part 2 of 2)

Commissioner Sayasane asked about the pending court decision on SB 9 in the Los Angeles Superior Court and whether the City’s decision on the ordinance should be postponed until after that ruling has further played out. Director Swiecki responded, noting that Brisbane’s legal counsel had reviewed this matter and indicated that the decision is from a trial court in southern California and is only applicable to those specific charter cities. It would not be applicable to Brisbane which is a general law city. In response to an inquiry as to what would happen if SB9 was repealed or invalidated, Mr. Swiecki responded the City could amend its zoning regulations accordingly.

Commissioner Patel asked about whether there were notification procedures included in the draft ordinance. Staff responded that there were not, since lot splits and two-unit developments are to be ministerial, per SB 9. Mr Swiecki noted an informational notification could be provided.

Chairperson Lau opened the public hearing.

With no one wishing to address the Commission, a motion was made by Commissioner Patel and seconded by Commissioner Funke to close the public hearing. The motion was approved 4-0.

After discussion, a motion was made by Commissioner Patel and seconded by Commissioner Funke to approve the application, including an informational notification provision to adjacent property owners, via adoption of Resolution 2024-RZ-1. The motion was approved 4-0.

Chairperson Lau read the appeal procedure.

B. PUBLIC HEARING: Zoning Text Amendment 2024-RZ-2, City-wide; recommendation to City Council on omnibus zoning amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element for building heights, lot coverage and floor area ratios, and related amendments, including, but not limited to, organizational amendments and amendments to development regulation exceptions and Zoning Administrator procedures; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(3), Section 15183; City of Brisbane, applicant.

Senior Planner Johnson presented staff report to the Commission.

Senior Planner Johnson responded to the Commission’s questions regarding the balance between lot coverage and the floor area ratio for multifamily developments that would have a 1.25 floor area ratio maximum, the process for Planning Commission appeals on Zoning Administrator items, the rationale for increasing the height limit to 36 feet, the difference between minor versus and major modifications, and the neighbor notification process for Zoning Administrator applications.

Chairperson Lau opened the public hearing.
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DRAFT
Brisbane Planning Commission Minutes
May 9, 2024

Page 3 ends

With no one wishing to address the Commission, a motion was made by Commissioner Patel and seconded by Commissioner Funke to close the public hearing. The motion was approved 4-0.

A motion was made by Commissioner Patel and seconded by Commissioner Sayasane to approve the application via adoption of Resolution 2024-RZ-2. The motion was approved 4-0.

Chairperson Lau read the appeal procedure.

ITEMS INITIATED BY STAFF
Director Swiecki noted the following:

1. County-wide planning commissioner training will be held at the end of May,

2. The City Council authorized staff to initiate the Bank of America planning process.

3. Jeremy Dennis was hired as the new City Manager.

ITEMS INITIATED BY THE COMMISSION
Commissioner Sayasane announced she registered for the commissioner training and invited the other members to join.

ADJOURNMENT
Chairperson Lau adjourned the meeting at approximately 8:44 p.m. to the next regular meeting of May 23, 2024.

Attest:
___________________________________
John A. Swiecki, Community Development Director
NOTE: A full video record of this meeting can be found on the City’s YouTube channel at www.youtube.com/BrisbaneCA, on the City’s website at http://www.brisbaneca.org/meetings, or on DVD (by request only) at City Hall.
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File Attachments for Item:

O. Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, Citywide (It is being recommended to introduce an ordinance approving omnibus zoning amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element; and finding that this project is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3), Section 15183. This item was continued from the City Council Meeting of June 6, 2024.)
196

CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Text Amendments to Title 17 – Omnibus Zoning Amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element for building heights, lot coverage and floor area ratios, and related amendments, including, but not limited to, organizational amendments and amendments to development regulation exceptions and Zoning Administrator procedures; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(3), Section 15183; City of Brisbane, applicant.

SUPPLEMENTAL REPORT

COMMUNITY GOAL/RESULT
Safe Community - Residents and visitors will experience a sense of safety.

PURPOSE
To amend the zoning text provisions in a number of Chapters in the Brisbane Municipal Code (BMC), consistent with state law and the adopted 2023-2031 Housing Element.

RECOMMENDATION
Introduce the ordinance amending the zoning text as provided in Attachment 4.

BACKGROUND
On June 6, 2024, City Council continued the public hearing on this matter to allow for additional time for the public review. The City Council further directed staff to provide additional background information and explanation of the proposed amendment, and to increase the level of public awareness and engagement.

The June 6, 2024 agenda report and previous Planning Commission workshops and hearing reports are provided in Attachment 5 for reference and include detailed information regarding the proposed ordinance.
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DISCUSSION:

As directed by City Council, staff has prepared informational webpages for the draft omnibus ordinance, including graphics showing the massing differences for multifamily residential developments required under SB 478 for projects with 3 or more dwelling units, and the height limit increase that is called for in the City’s adopted Housing Element. See the hyperlink to a new draft ordinances webpage, Draft Ordinances | City of Brisbane, CA (brisbaneca.org), and the omnibus specific webpage, 2024-RZ-2 | City of Brisbane, CA (brisbaneca.org) The new webpages include information on the key issues associated with the requirements and implications of the omnibus and answers some key questions that have been raised. These are addressed through frequently asked questions (FAQs) on the webpage referenced above. The FAQs also contain the graphic illustrations requested by Council and an excerpt is provided in Attachment 2.

The July Star included a front-page article summarizing the proposed amendment as well as a hyperlink to the new web pages. Information regarding the proposed amendment was also included in the July 3 Brisbane Blast and on the City’s social media platforms. Also, although this item was continued to tonight’s date specific, new public notices were posted on July 5th. The City’s electronic sign boards at the Community Park and the Northeast Ridge have also been utilized to advertise tonight’s public hearing. Since the June 6th public hearing to the time of this writing, no written comments have been received. If any comments are received prior to the July 18th meeting, they will be provided separately to City Council.

Some key items to note include:
• SB 478 became effective statewide in January 2022, including Brisbane, and requires the City to update its zoning to allow for increased floor area ratios (FARs) for multifamily development in the R-2 and R-3 zoning districts. FAR is the ratio of permitted building area to lot area. For example, an FAR of 1.0 would allow a 5,000 square foot building on a 5,000 square foot lot. AB 478 requires the City to allow an FAR of 1.25 for multifamily housing developments in the R-2 and R-3 zoning districts, where the City’s FAR for these districts is currently 0.72. Under the current R-2 and R-3 district regulations a 5,000 square foot lot with an FAR maximum of 0.72 could have a building up to 3,600 square feet in size. Under state law with a maximum FAR of 1.25, a building of up to 6,250 square feet would be permitted. Illustrations showing the massing differences for these FARs are provided in Attachment 1. Note that the FAR of 0.72 that currently applies to single family dwellings and duplexes in those districts would not be changed.

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July 18, 2024 Meeting
• The City’s adopted 2023-2031 Housing Element, Program 2.A.12, committed the City to increasing its height limits in the mixed-use and multifamily zoning districts, from 35 feet in the NCRO-2 and SCRO-1 districts and 28 or 30 feet in the R-2 and R-3 districts, to 36 feet. Additionally, the Planning Commission recommended that the height limits in the R-1 and R-BA single family residential zoning districts should also be increased to 36 feet.

This was proposed for consistency and equity across these districts that lie in close proximity to each other.
• Other amendments proposed in the draft ordinance would help streamline permitting related to both new housing development and improvements to existing homes. Perhaps most notably it would streamline the permitting for accessibility improvements, for those with disabilities and to help residents age in place. It would also provide for clarity and consistency in other development regulations and procedures in processing permits.

FISCAL IMPACT
None.

MEASURE OF SUCCESS
To provide clear provisions in the BMC that are compliant with state law and consistent with the City’s adopted Housing Element.

ATTACHMENTS

1. FAR Illustrations

2. Webpage excerpts –FAQs with graphic illustrations

3. Website hyperlinks (including additional illustrations):
a. Draft Ordinances | City of Brisbane, CA (brisbaneca.org) b. 2024-RZ-2 | City of Brisbane, CA (brisbaneca.org)

4. Draft Ordinance

5. City Council Agenda Report, June 6, 2024
(includes links to Planning Commission reports and minutes) ______________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 199
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ATTACHMENT 1
Building Massing Illustrations
The massing illustrations provided below are based on a 5,000 square foot lot and show maximum buildout potential using floor area ratios of 0.72 (orange) and 1.25 (blue). Orange represents a hypothetical development with a maximum FAR allowed under current development standards of 0.72 for the R-2 and R-3 zoning districts. Blue represents a 1.25 FAR, as allowed under SB 478.

In addition to maximum FARs, massings 1 and 2 also show what the mass of a structure may look like using a lot coverage of 50 percent. That’s the maximum allowed in the R-2 Zoning District. In massing 1, the result is a two story building, with the second floor smaller than the first. Massing 2 shows a three story building, with the second and third floors progressively smaller than the first.

Massings 3 and 4 show buildings constructed to a maximum height of 36 feet, without the upper floors being stepped back, and maximum FARs of 0.72 and 1.25. The result is that in these massing examples the lot coverage is reduced to be less than the 50 percent maximum. 200
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ATTACHMENT 2

FREQUENTLY ASKED QUESTIONS
Excerpt from webpage: 2024-RZ-2 | City of Brisbane, CA (brisbaneca.org) Why is the City Council considering this ordinance?
A couple events prompted the City to undertake this ordinance.

In 2021, the Governor signed SB 478, which was subsequently codified into state law and became effective in January of 2022. SB 478 requires cities statewide, including Brisbane, to allow for certain floor area ratios (FARs) in the multifamily districts. The state’s requirement is greater than is currently permitted by City ordinance. FAR refers to the ratio between floor area for the building(s) on a lot versus the lot area.

In May 2023, City Council adopted the 2023-2031 Housing Element, which committed the City to a number of programs. Some of these programs are aimed at meeting the Housing Element goals of facilitating and supporting the production of housing at all income levels, but especially affordable housing and avoiding unreasonable government constraints to the provision of housing. This draft ordinance is aimed at addressing those goals and some of the corresponding programs.

What zoning districts would be impacted by the provisions of SB 478 and what would change?
SB 478 requires that a local agency allow a FAR of at least 1.0 for 3 to 7 unit developments and 1.25 for 8 to 10 unit developments, to provide for more infill housing. The R-2 and R-3 residential districts allow for multifamily development, but the FAR for both districts is currently 0.72. Following workshops in 2023 and early 2024 (June 8, October 26, December 5, 2023 and February 22, 2024) and a public hearing at the Planning Commission on May 9, 2024, the Commission recommended consistency for the FAR of 1.25 for developments with 3 or more units. Note that the NCRO-2 and SCRO-1 mixed use districts do not have FAR limits in the Municipal Code, so these districts are not affected by SB 478. The building development size in those districts is restricted by other standards, such as heights, setbacks and parking.

Illustrations showing differences in massing are provided below. (See illustrations separately in Attachment 1, above.)
What changes to building height limits are proposed?
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The Housing Element included Program 2.A.12 to raise the height limit in districts that permit multifamily uses to 36 feet, from the current requirements. These existing height limits range from 28 to 30 feet in the R-2 and R-3 districts to 35 feet in the NCRO-2 and SCRO-1 mixed use districts. This program was specifically in response to the California Department of Housing and Community Development (HCD) comments in their review of the Housing Element, to more reasonably allow for three story housing developments in multi-family zoning districts.

See, "Why are the single family zoning districts also being considered for this amendment?" for a discussion of height limits in the R-1 and R-BA zones.

Below is a comparison of the existing 30-foot height limit in the R-1, R-2, and R-3 districts (red) and how a 36-foot limit compares (blue). (Note, height is measured from grade to the top of a flat roof or the midpoint of a sloped roof; see Guidelines for Measuring Height.) The City committed to raising the building height limit to 36 feet in the zoning districts that permit multifamily development through the 2023-2031 Housing Element, why are the single family zoning districts also being considered for this amendment? In considering the draft ordinance, an increase to single family zoning district height limits - to 36 feet - was proposed to achieve consistency and equity across multiple zoning districts that lie in close proximity to each other. This would include the R-1 and R-BA districts. The R-1 district currently has height limits of 28 to 30 feet, depending on the slope of the lot, while the R-BA district currently has a height limit of 35 feet. 202
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ATTACHMENT 3
Website hyperlinks:
a. Draft Ordinances | City of Brisbane, CA (brisbaneca.org) b. 2024-RZ-2 | City of Brisbane, CA (brisbaneca.org)
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ATTACHMENT 3
DRAFT ORDINANCE NO.___

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BRISBANE MUNICIPAL CODE TITLE 17 – OMNIBUS ZONING AMENDMENTS

TO MODIFY THE DEVELOPMENT STANDARDS FOR MULTIFAMILY AND RESIDENTIAL MIXED USE ZONING DISTRICTS CONSISTENT WITH CALIFORNIA SENATE BILL SB 478 (“HOUSING OPPORTUNITY ACT”); FOR ADMINISTRATIVE RESTRUCTURING OF THE DEVELOPMENT STANDARDS SECTIONS FOR THE RESIDENTIAL ZONING DISTRICTS; TO CLARIFY THE REVIEWING AUTHORITY FOR DESIGN PERMIT MODIFICATIONS IN CHAPTER 17.42 AND VARIANCES IN CHAPTER 17.46; CREATE A SEPARATE

CHAPTER AND UPDATE EXCEPTIONS TO THE DISTRICT DEVELOPMENT REGULATIONS AS A NEW CHAPTER 17.47; TO UPDATE THE APPEALS PROCEDURES IN CHAPTER 17.52; AND RE-TITLE AND UPDATE THE ZONING ADMINISTRATOR PROCEDURES IN CHAPTER 17.56.

SECTION 1: Section 17.02.065 - Outside Wall is hereby deleted in its entirety.

Section 2: New Section 17.02.785 - Wall, is added to read as follows:

17.02.785 - Wall.
“Wall” means a vertical structure that encloses or divides an area of land or interior spaces of a building.

See also the definition of retaining wall in Section 17.02.690 of this Chapter. A wall, as provided in the following sub-definitions, is part of a building or structure and is not a fence. Fence is defined in Section

17.02.300 and provided in Section 17.47.050.B.

A. "Outside wall" means any wall that defines the exterior boundaries of a building or structure, including the following:
a. Front outside wall – generally that wall or walls parallel to the front lot line b. Rear outside wall – generally that wall or walls parallel to the rear lot line c. Side outside wall – generally that wall or walls parallel to the side lot line B. "Exterior (front, rear or side) outside wall" means a front, rear or side outside wall generally parallel to a street.

C. "Interior (front, rear or side) outside wall" means a front, rear or side outside wall other than an exterior side outside wall.

D. “Inside Wall” or “Interior Wall” means a wall that is inside the boundaries of a structure, that is not an outside wall.

SECTION 3: Section 17.06.040 - Development Regulations, of Chapter 17.06 - R-1 Residential District, is amended to read as follows:

17.06.040 - Development regulations.

The following development regulations shall apply to any lot in the R-1 district:
(Subsections A- I combined to amended Subsection A.)
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A. Table 17.06.040.A: R-1 District Development Regulations Type Description Single-family Dwelling Exceptions and Notes Density of Development – maximum 1 DU/5,000 square feet A single-family dwelling may be constructed on a lot of record with
an area of less than 5,000 square
feet, subject to the provisions of
this chapter and the limitations set
forth in Section 17.47.030
Exceptions to Lot area, lot
dimensions and lot lines.

See Chapter 17.05 of this title for
urban lot split and two-unit
development provisions.

Lot Dimensions Lot Area – minimum 5,000 square feet
Lot Width - minimum 50 feet
Lot Depth - minimum 100 feet
Setback
minimums
Front: For dwellings and
structures, except garages
and carports.
15 feet for lots with a slope of less
than 15 percent; or
10 feet for lots with a slope of 15
percent or greater; or
Where 50 percent or more of the lots
of record in a block have been
improved with single-family
dwellings, the average distance of
the front outside wall of the singlefamily structures from the front lot line on the same side of the street, if
less than 10 or 15 feet, as otherwise
applicable.

That portion of the structure that
is subject to this setback exception
(within the district standard
setback area) shall not exceed 20
feet in height measured from
finish grade.

Front: For garages and
carports.
10 feet See exception allowing for lesser
setback by City Engineer approval
in Section 17.47.050
Side: For dwellings and
structures on lots greater
than or equal to 50 feet wide
.
5 feet See setback exceptions in Chapter

17.47. Does not apply to garages and
carports accessed from a street or
alley.

Side: For dwellings and
structures on lots less than
50 feet wide, except garages
and carports accessed from a
street or alley.
10 percent of the lot width, but not
less than 3 feet.

See setback exceptions in Chapter

17.47 Side: For garages or carports
accessed from a street or
alley along that side of the
lot.
10 feet See exception allowing for lesser
setback by City Engineer approval
in Section 17.47.050
Rear 10 feet See exceptions in Chapter 17.47,
including decks and an allowance
for a lesser setback for garages
and carports on through lots, by
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Type Description Single-family Dwelling Exceptions and Notes City Engineer approval, in Section

17.47.050.

Coverage Lot Coverage 40 percent of lot area See lot coverage definition in Section 17.02.495.

Floor Area Floor Area Ratio: For lots
greater than three thousand
seven hundred (3,700) square
feet.

0.72 See definition of floor area and
floor area ratio in Section

17.02.315.

Floor Area Ratio: For lots less
than or equal to three
thousand seven hundred
(3,700) square feet

0.72, plus up to 200 square feet for a
garage parking space
Height Height of dwellings and
structures, if not within the
setback areas and at least 15
feet from the front lot line.
36 feet See the definition of height in
Section 17.02.400.

See various exceptions in Chapter

17.47. See the exception for garages in
the front setback in Table

17.47.050.A
Height of dwellings and
structures for the area within
15 feet of the front lot line,
where less than a 15 foot
setback is permitted.
20 feet above finish grade
Height of garages and
carports when permitted
within the front setback area
15 feet above the elevation of the
center of the adjacent street when
permitted by Section 17.47.050 of
this title.

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are as a
cumulative area.

See definition of articulation in
Section 17.02.050 and the
definitions of outside walls,
interior and exterior side outside
walls in Section 17.02.065 of this
title.

Exempt from articulation
requirements:
• Single story 1 and 2 car
garages.
• Accessory structures not
exceeding a floor area of
120 square feet.
• Walls that are smaller
than those listed in this
table.

Side: exterior side outside
walls greater than 20 ft by 20
ft on greater than or equal to
40 ft wide lots
20 percent
Side: interior side outside
walls greater than 20 ft by 20
ft
NA
Rear: Rear outside wall
greater than 20 ft by 20 ft
30 percent
Landscaping Front Setback Area for lots
with greater than or equal to
30 ft front lot line (minimum)
15 percent New and rehabilitated, irrigated
landscapes are subject to the
provisions of the water
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Type Description Single-family Dwelling Exceptions and Notes Rear of newly constructed
main structure on a
downslope lot
Screened with trees and shrubs in
accordance with a landscape plan
approved by the planning director
conservation in landscaping
ordinance (refer to Chapter 15.70)
or the latest state provisions,
whichever is more effective in
conserving water.

Note: See also, Chapter 17.47 - Exceptions to District Development Regulations.

B. Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of Chapters 17.38 and

17.34 of this title.

C. Recycling Area Requirements. For new subdivisions containing an area where solid waste is collected and loaded in a location which serves five (5) or more living units, adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided to serve the needs of the living units which utilize the area. This requirement shall also apply to all institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.
*****
SECTION 4: Section 17.08.040. - Development Regulations, of Chapter 17.08 - R-2 Residential District, is amended to read as follows:

17.08.040 - Development regulations.

The following development regulations shall apply to any lot in the R-2 district:
(Subsections A - I combined to amended Subsection A.)
A. Table 17.08.040.A: R-2 District Development Regulations 207
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Density of Development – maximum 1 DU/2,500 square feet Except a lot having an area of 4,950 square feet or greater
shall be considered
conforming for a
development density of two
units.

Lot
Dimensions
Lot Area – minimum 5,000
square feet
4,950
square feet
No
Requirement
for lot of
record
Lot Width - minimum 50 feet 50 feet
Lot Depth - minimum 100 feet 100 feet
Setback
minimums
Front: For dwellings and
structures, except garages and
carports.
15 feet for lots with a slope of less than 15
percent; or
10 feet for lots with a slope of 15 percent
or greater; or
Where50 percent or more of the lots of
record in a block have been improved with
single-family dwellings, the average
distance of the front outside wall of the
single-family structures from the front lot
line on the same side of the street, if less
than 10 or15 feet, as otherwise applicable.

That portion of the structure
that is subject to this setback
exception (within the district
standard setback area) shall
not exceed 20 feet in height
from finish grade. See height
definition in section

17.02.400.

Front: For garages and
carports.
10 feet See exception allowing for
lesser setback by City
Engineer approval in Section

17.47.050
Side: For dwellings and
structures on lots greater than
or equal to 50 feet wide except
garages and carports accessed
from a street or alley.
5 feet See setback exceptions in
Chapter 17.47
Side: For dwellings and
structures on lots less than 50
feet wide, except garages and
carports accessed from a street
or alley.
10 percent of the lot width, but not less
than 3 feet.

See setback exceptions in
Chapter 17.47
Side: For garages or carports
accessed from a street or alley
along that side of the lot.
10 feet See exception allowing for
lesser setback by City
Engineer approval in Section

17.47.050
Rear 10 feet See exceptions in Chapter

17.47, including decks and an
allowance for a lesser setback
for garages and carports on
through lots, by City Engineer
approval, in Section

17.47.050.
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Coverage Lot Coverage 50 percent of lot area See lot coverage definition in Section 17.02.495.

Lot coverage over 50 percent
may be approved by the
planning director, if required
to meet the 1.25 FAR for
developments of 3 or more
units on a lot.

Floor Area Floor Area Ratio: For lots
greater than three thousand
seven hundred (3,700) square
feet.

0.72 0.72 1.25 See definition of floor area
and floor area ratio in Section

17.02.315.

Floor Area Ratio: For lots less
than or equal to three
thousand seven hundred
(3,700) square feet

0.72, plus
up to 200
square feet
for a garage
parking
space.

0.72, plus
up to400
square feet
for garage
parking
spaces.

1.25 Height Height of dwellings and
structures, if not within the
setback areas and at least 15
feet from the front lot line.
36 feet See the definition of height in
Section 17.02.400.

See various exceptions in
Chapter 17.47.

See the exception for garages
in the front setback in Table

17.47.050.A
Height of dwellings and
structures for the area within
15 feet of the front lot line,
where less than a 15-foot
setback is permitted.
20 feet
Height of garages and carports
when permitted within the
front setback area
15 feet above the elevation of the center of
the adjacent street when permitted by
Section 17.47.050 of this title.

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are
as a cumulative area.

See definition of articulation
in Section 17.02.050 and the
definitions of outside walls,
interior and exterior side
outside walls in Section

17.02.065 of this title.

Exempt from articulation
requirements:
• Single story 2 car
garages.
• Accessory
structures not
exceeding a floor
Side: exterior side outside
walls that are greater than 20
ft by 20 ft on greater than or
equal to 40 ft wide lots
20 percent
Side: interior side outside walls NA
Rear: Rear outside wall 30 percent
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
area of 120 square
feet.
• Walls that are
smaller than those
listed in this table.
• Where superseded
by objective design
standards
established in
Chapter 17.45 -
Housing
Development
Permits.

Landscaping Front Setback Area for lots
with greater than or equal to
30 ft front lot line (minimum)
15 percent New and rehabilitated,
irrigated landscapes are
subject to the provisions of
the water conservation in
landscaping ordinance (refer
to Chapter 15.70) or the latest
state provisions, whichever is
more effective in conserving
water.

Rear of newly constructed
main structure on a downslope
lot
Screened with trees and shrubs in
accordance with a landscape plan
approved by the planning director
Notes:

1. Certain development regulations may be superseded for housing development projects, as defined in Chapter

17.02, by objective design standards provided in Chapter 17.45 - Housing Development Permits.

2. See also, Chapter 17.47 - Exceptions to District Development Regulations.

17.34 of this title.

C. C. Recycling Area Requirements:

1. Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, windblown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2. This requirement shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor 210
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recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to such existing developments for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project.
*****
SECTION 5: Section 17.10.040 - Development Regulations, of Chapter 17.10 - R-3 Residential District, is amended to read as follows:

17.10.040 - Development regulations.

The following development regulations shall apply to any lot in the R-3 district:
(Subsections A - I combined to amended Subsection A.)
A. Table 17.10.040.A: R-3 District Development Regulations Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Density of Development – maximum 1 DU/1,500 square feet A single-family dwelling may be constructed on a lot of record
with an area of less than five
thousand (5,000) square feet,
subject to the provisions of this
chapter and the limitations set
forth in Section 17.32.100.

Lot
Dimensions
Lot Area – minimum 5,000
square feet
5,000
square feet
No
Requirement
for lot of
record
Lot Width - minimum 50 feet 50 feet
Lot Depth - minimum 100 feet 100 feet
Setback
minimums
Front: For dwellings and
structures, except garages and
carports.
15 feet for lots with a slope of less than 15
percent; or
10 feet for lots with a slope of 15 percent
or greater; or
Where 50 percent or more of the lots of
record in a block have been improved with
single-family dwellings, the average
distance of the front outside wall of the
single-family structures from the front lot
line on the same side of the street, if less
than 10 or15 feet, as otherwise applicable.

That portion of the structure
that is subject to this setback
exception (within the district
standard setback area) shall not
exceed 20 feet in height from
finish grade. See height
definition in section 17.02.400.

Front: For garages and
carports.
18 feet If the front setback is less than
15 feet as provided for slope
over 20 percent or by block
average setbacks, then the
garage setback minimum shall
be three (3) feet behind the
front wall of the main structure.

If the garage setback
exemptions set forth in Section

17.47.050.A of this Title apply,
the regulations of that section
shall prevail.
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Side: For dwellings and
structures on lots greater than
or equal to 50 feet wide except
garages and carports accessed
from a street or alley.
5 feet Notwithstanding the foregoing,
the minimum side setback for
garages, or carports accessed
from a street or alley along that
side of the lot shall be 10 feet,
except where a lesser distance is
determined by the city engineer
to be safe in terms of pedestrian
and vehicular traffic.

Side: For dwellings and
structures on lots less than 50
feet wide, except garages and
carports accessed from a
street or alley.
10 percent of the lot width, but not less
than 3 feet.

Side: For garages or carports
accessed from a street or alley
along that side of the lot.
10 feet See exception allowing for
lesser setback by City Engineer
approval in Section 17.47.050
Rear 10 feet See exceptions in Chapter 17.47,
including decks and an
allowance for a lesser setback
for garages and carports on
through lots, by City Engineer
approval, in Section 17.47.050.

Coverage Lot Coverage 60 percent of lot area See lot coverage definition in Section 17.02.495.

Lot coverage over 60 percent
may be approved by the
planning director, if required to
meet the 1.25 FAR for
developments of three or more
units on a lot.

Floor Area Floor Area Ratio: For lots
greater than three thousand
seven hundred (3,700) square
feet.

0.72 0.72 1.25 See definition of floor area and
floor area ratio in Section

17.02.315.

Floor Area Ratio: For lots less
than or equal to three
thousand seven hundred
(3,700) square feet

0.72, plus
up to 200
square feet
for a garage
parking
space.

0.72, plus
up to 400
square feet
for garage
parking
spaces.

1.25 Height Height of dwellings and
structures, if not within the
setback areas and at least 15
feet from the front lot line.
36 feet See the definition of height in
Section 17.02.400.

See various exceptions in
Chapter 17.47.

See the exception for garages in
the front setback in Table

17.47.050.A
Height of dwellings and
structures for the area within
15 feet of the front lot line,
where less than a 15-foot
setback is permitted.
20 feet
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Height of garages and carports
when permitted within the
front setback area
15 feet above the elevation of the center of
the adjacent street when permitted by
Section 17.47.050 of this title.

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are
as a cumulative area.

See definition of articulation in
Section 17.02.050 and the
definitions of outside walls,
interior and exterior side
outside walls in Section

17.02.065 of this title.

Exempt from articulation
requirements:
• Single story 2 car
garages.
• Accessory structures not
exceeding a floor area of
120 square feet.
• Walls that are smaller
than those listed in this
table.
• Where superseded by
objective design
standards established in
Chapter 17.45 - Housing
Development Permits.

Side: exterior side outside
walls that are greater than 20
ft by 20 ft on greater than or
equal to 40 ft wide lots
20 percent
Side: interior side outside walls NA
Rear: rear outside wall. 30 percent
Landscaping Front Setback Area for lots
with greater than or equal to
30 ft front lot line (minimum)
15 percent New and rehabilitated, irrigated
landscapes are subject to the
provisions of the water
conservation in landscaping
ordinance (refer to Chapter

15.70) or the latest state
provisions, whichever is more
effective in conserving water.

Rear of newly constructed
main structure on a downslope
lot.

Screened with trees and shrubs in
accordance with a landscape plan approved
by the planning director
Sites with Three (3) or More
Units
Not less than ten percent (10 percent) of
the lot area shall be improved with
landscaping.

Notes:

1. Certain development regulations may be superseded for housing development projects, as defined in Chapter

17.02, by objective design standards provided in Chapter 17.45 - Housing Development Permits.

2. See also, Chapter 17.47 - Exceptions to District Development Regulations. 213
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17.34 of this title.

C. Refuse and Recycling Area Requirements.

1. So as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare, areas for depositing, collecting and loading refuse and recyclable materials shall be provided and fully enclosed within an enclosure a minimum of six (6) feet tall. All receptacles for collection and recycling shall be completely screened from view at street level. All enclosures and gates shall be designed to withstand heavy use. Wheel stops or curbs shall be provided to prevent dumpsters from banging into walls of enclosure. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. Lighting shall be provided at all enclosures for nighttime security and use. Lights shall be full cutoff luminaires, as certified by the manufacturer, with the light source directed downward and away from adjacent residences.

A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2. This requirement shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to such existing developments for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project.
*****
SECTION 6: Section 17.12.040 - Development Regulations, of Chapter 17.12 - R-BA Brisbane Acres Residential District, is amended to read as follows:

17.12.040 - Development regulations.

The following development regulations shall apply to any lot in the R-BA district:
(Subsections A- H combined to amended Subsection A.)
A. Table 17.12.040.A: R-BA District Development Regulations Type Description Single-family Dwelling Exceptions and Notes Density of Development – maximum 1 DU/20,000 square feet Not more than one single-family dwelling shall be located on each
lot in the R-BA District,
except as otherwise provided in
Section 17.12.050, Density
transfer, and Section 17.12.055,
Lot Dimensions Lot Area – minimum 20,000 square feet
Lot Width - minimum 110 feet
Lot Depth - minimum 140 feet
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Type Description Single-family Dwelling Exceptions and Notes Clustered development, of this
chapter, or Chapter 17.05 of this
title for urban lot split and twounit development provisions.

A single-family dwelling may be
constructed on a lot of record
with an area of less than20,000
square feet, subject to the
provisions of this chapter and the
limitations set forth in Section

17.01.060 of Chapter 17.01 of this
title.

See also Chapter 17.05 of this title
for urban lot split and two-unit
development provisions.

Setback
minimums
Front. 10 feet See exception allowing for lesser
garage setback by City Engineer
approval in Section 17.47.050.

Side: For dwellings and
structures, except garages
and carports accessed from a
street or alley
10 percent of the lot width, but in
no event more than 15 feet or less
than 5 feet.

See also setback exceptions in
Chapter 17.47
Side: For garages or carports
accessed from a street or
alley along that side of the
lot.
10 feet See exception allowing for lesser
setback by City Engineer approval
in Section 17.47.050
Rear. 10 feet See exceptions in Chapter 17.47,
including decks and an allowance
for a lesser setback for garages
and carports on through lots, by
City Engineer approval, in Section

17.47.050.

Coverage Lot Coverage 25 percent of lot area See lot coverage definition in Section 17.02.495.

See provisions for two-unit
developments and urban lot splits
in Chapter 17.05.

Floor Area Floor Area Ratio 0.72 provided, however, that in no event shall the floor area of all
buildings on a lot exceed 5,500
square feet
Accessory dwelling units and
junior accessory dwelling units are
excepted from the floor area ratio
limits as permitted in Chapter

17.43 See definition of floor area and
floor area ratio in Section

17.02.315.
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Type Description Single-family Dwelling Exceptions and Notes See provisions for two-unit
developments and urban lot splits
in Chapter 17.05.

Height The maximum height of any
structure outside the side
and rear setbacks and more
than 20 feet from the front
lot line.
36 feet See the definition of height in
Section 17.02.400.

See various exceptions in Chapter

17.47. See other exception for garages in
the front setback in Table

17.47.050.A
The maximum height of any
structure within twenty (20)
feet from the front lot line, .

Residential structures on sites
sloping down from the adjacent
street may be constructed to a
height of twenty (20) feet above the
elevation of the center of the street.

Garages and carports may be
constructed to a height of 15 feet
above the elevation of the center of
the adjacent street and may exceed
a height of thirty-six (36) feet, but
the height of any permitted living
area underneath shall not exceed 36
feet from finish grade.

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are as
a cumulative area.

See definition of articulation in
Section 17.02.050 and the
definitions of outside walls,
interior and exterior side outside
walls in Section 17.02.065 of this
title.

B. Wildland Interface. The development shall incorporate such measures as the fire chief may deem necessary to protect against the spread of fire between the site and the adjacent wildland.

C. HCP Compliance. All development within the R-BA District, except as provided in Section

17.01.060, shall comply with the requirements of the San Bruno Mountain Area Habitat Conservation Plan (HCP), including site activity review, environmental assessments, and 216
O.
operating programs for planned management units, consistent with the objectives and obligations set forth in the HCP.
(Subsection J. Articulation Requirements, removed. See Table 17.12.040.A, above.) D. Landscaping Requirements.

1. Landscape Plan. All development proposals and re-landscaping projects subject to the water conservation in landscaping ordinance (Chapter 15.70), except as permitted in Section 17.01.060 of Chapter 17.01 of this title, shall include a landscape plan to be approved by the planning director in consultation with the HCP plan operator. The plan shall show all proposed landscaping and the location of all protected trees and rare plants. The landscape plan shall be consistent with all of the following objectives:
a. Preservation of protected trees and rare plants to the greatest extent possible; b. Use of plants that are compatible with the natural flora and fauna, and are not invasive to the HCP area;
c. Use of water conserving plants;
d. Use of plants that will effectively screen structures and blend with the natural landscape; and e. Use of landscaping that is fire resistant.

2. Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water. (Subsection L. Ridgeline, removed. See new Section 17.12.045 below.) E. Canyon Watercourses and Wetlands. Development of the site, including any temporary disturbance, shall be set back 30 feet in each direction from the center line of any watercourse, and 20 feet from the boundary of any wetlands. The specific location of watercourse center lines and wetland boundaries shall be determined by qualified personnel under the city's direction.

F. Trails. The development shall incorporate public access trails to the extent feasible given the environmental sensitivities of the site.

G. Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of paragraph 3 of subsection L. of Section 17.12.040 and Chapters 17.34 and 17.38 of this title.

H. Recycling Area Requirements. For new subdivisions containing an area where solid waste is collected and loaded in a location which serves five (5) or more living units, adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided to serve the needs of the living units which utilize the area. This requirement shall also apply to all institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to 217
O.
prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.
*****
SECTION 7: New Section 17.12.045 - Ridgeline Development is added to Chapter 17.12 R-BA Brisbane Acres Residential District as follows:

17.12.045 - Ridgeline Development.

A. Ridgeline. Development on any site through which a ridgeline runs as identified in Figure

17.02.695, Ridgelines, shall be subject to design permit approval, except for accessory dwelling units and junior accessory dwelling units and except as provided in Section 17.01.060.

1. In addition to the required contents of application for design permit set forth in Section

17.42.020, story poles certified by a licensed architect, surveyor, civil engineer or contractor to represent the height of the proposed building shall be erected at the locations of its outer corners and roof peaks according to a plan pre-approved by the planning director. The upper one-foot length of each pole shall be painted OSHA yellow so as to be clearly visible from a distance.

2. In addition to the findings required for issuance of design permits set forth in Section

17.42.040, the planning commission shall find that the building's placement, height, bulk and landscaping will preserve those public views of the San Bruno Mountain State and County Park as seen from the Community Park and from the Bay Trail along the Brisbane Lagoon and Sierra Point shorelines that are found to be of community-wide value. Methods to accomplish this may include varying the building's roofline to reflect the ridgeline's topography, orienting the building to minimize the impact of its profile upon public views, locating the building on the lower elevations of the site, and reducing the building's height below the maximum permitted in the district.

3. An existing structure may be repaired or replaced in accordance with Section 17.38.090 without design permit approval, but any alteration or expansion which raises any portion of the roofline or increases the building's lot coverage shall be subject to design permit approval under this section.
*****
SECTION 8: Section 17.14.060 - Development regulations for the NCRO-2 district is amended to read as follows:
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Development regulations for the NCRO-2 district are as follows:

A. Lot Area. The minimum area of any lot in the NCRO-2 district shall be two thousand five hundred (2,500) square feet, except that a lot of record that is less than 2,500 square feet, created prior to January 1, 2022, shall be recognized as conforming for 3 or more dwelling units as part of a mixeduse development, pursuant to Section 17.14.040.K.2. (Subsections B and C, no change.)
D. Setbacks. The minimum required setbacks for any lot in the NCRO-2 district, except as provided in Chapter 17.47, shall be as follows:

1. Front setback: No requirement.

2. Side Setback: No requirement, except a 10 foot setback shall be required on the side where abutting any residential district.

3. Rear Setback: 10 feet.
(Subsection E no change)
F. Height of Structures. The maximum height of any structure, except as provided in Chapter 17.47, shall be 36 feet.

G. Fencing Requirements. Fencing shall be subject to zoning administrator review as set forth in Section

17.47.060, except where subject to a design permit per Section 17.14.110. If the site is next to a residential district, a fence not to exceed 10 feet in height, that screens the site from the abutting residential property rear or side yard areas shall be installed along the property line. (Subsections H, I and J no change)
*****
SECTION 9: Section 17.16.040 - Development Regulations, of Chapter 17.16 - SCRO-1 Southwest Bayshore Commercial District, is amended to read as follows:

Development regulations in the Southwest Bayshore district are as follows:

A. Lot Area. The minimum area of any lot shall be seven thousand five hundred (7,500) feet, except that a lot of record that is less than 7,500 square feet, created prior to January 1, 2022, shall be recognized as conforming for 3 or more dwelling units.
(Subsections B and C, no change.)
D. Setbacks. The minimum required setbacks for any lot, except as provided in Chapter 17.47, shall be as follows:

1. Front setback:
a. Residential/Mixed Use: 10 feet;
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b. Commercial Uses: 25 feet for commercial uses;
c. Exception: The setbacks may be reduced to zero where development includes dedication to public right-of-way for a frontage access road and sidewalk, to the satisfaction of the city engineer and fire department.

2. Side setback:
a. Residential/Mixed Use: 5 feet;
b. Commercial Uses: 15 feet;
c. Exception: The planning commission may approve exceptions to the side setback regulations for commercial uses through the granting of a use permit.

3. Rear setback: 10 feet.
(Subsection E, no change.)
F. Height of Structures. The maximum height of any structure, except as provided in Chapter 17.47, shall be 36 feet.
(Subsections G, H, I, J, K, L and M, no change.)
*****
SECTION 10: Section 17.27.040 - Development Regulations for the PAOZ-1 District is amended to read as follows:

Development regulations for the PAOZ-1 district are as follows:
(Subsections A, B, C, D, E and F, no change.)
G. Height.

1. Buildings and Architectural Features. The maximum building height shall be 38 feet and 3 stories.

Architectural features, including chimneys, elevators, towers, turrets, eaves, skylights or roof windows, utilities, utility penthouses, and solar panels, are allowed to project up to a maximum of 10 feet above the maximum building height.

Development regulations for the PAOZ-2 district are as follows:
(Subsections A, B, C, D, E and F, no change.)
G. Height.

1. Buildings and Architectural Features. The maximum building height shall be 38 feet and 3 stories.

2. Fences and Walls. Fences and walls in front yards shall be no more than 3 feet in height from the adjacent sidewalk. Fences and walls in side yards shall not exceed 6 feet in height. Deviations from maximum fence and wall heights shall require approval by the zoning administrator as provided in Chapter 17.47.
(Subsections H, I, J, K, L and M, no change.)
******
SECTION 12: Sections 17.032.050 - Fences, hedges and walls, 17.032.055 - Exceptions – Lot area, lot dimensions and lot lines, 17.32.060 - Exceptions – Height Limit, 17.32.070 - Exceptions – Setback requirements, and 17.32.080 - Requests for reasonable accommodations are hereby deleted in their entirety.
******
SECTION 13: Section 17.42.070 - Amendment of design permit—Minor modifications is amended to read as follows:

17.42.070 - Amendment of design permit—Modifications.

A. Amendments or modifications to a design permit shall require approval by the zoning administrator as set forth in Section 17.56.090 of this title, or by the planning commission if referred by the zoning administrator.

SECTION 14: Chapter 17.46 - Variances is amended to read as follows:

Chapter 17.46 - VARIANCES
221
O.

17.46.010 - Application—Required circumstances.

Applications for variances from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located; B. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

17.46.020 - Application—Form—Contents.

Application for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning director. The application shall be accompanied by a fee, set by the city council, a plan of the details of the variance requested and evidence showing:

A. That the granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and
B. That due to special conditions or exceptional characteristics of the property or its location, the strict application of this chapter results in practical difficulties and unnecessary hardship. "Hardship," as used in this chapter does not mean personal or financial hardship but refers to the conditions in subsection B of Section 17.46.010.

17.46.030 - Application—Hearing date—Notice.

The planning commission shall conduct a public hearing on the application for a variance. Notice of such hearing shall be given as set forth in Chapter 17.54.

17.46.040 - Granting.

A. After the conclusion of the public hearing or continuations thereof, the planning commission may grant or deny a variance from the strict application of the regulations established by this chapter. The commission may impose any reasonable conditions deemed necessary to achieve the purpose of this title.

B. A variance shall be effective the seventh (7th) day after planning commission approval unless the action is appealed to the city council, in which case the variance shall not be effective until final action upon the appeal.

17.46.050 - Nonconforming uses not allowed.
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The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance. ******
SECTION 15: New Chapter 17.47 - Exceptions to District Development Regulations is added to read as follows:

17.47 - EXCEPTIONS TO DISTRICT DEVELOPMENT REGULATIONS

17.47.010 - Purpose of Chapter
The purpose of this chapter is to provide standards and procedures for recognition of certain substandard lots as legal lots for development, as well as exceptions to specified district development regulations for certain structures and other built features.

17.47.020 - Applicability
Unless indicated otherwise in this title, the exceptions provided in this chapter shall apply to all districts.

17.47.030 - Exceptions to Lot area, lot dimensions and lot lines.

Lots sizes and dimensions shall conform to the district development regulations, except as provided herein.

A. Substandard Lots.

1. No substandard lot shall be independently developed if it is less than 5,000 square feet in area and if it was owned in common with contiguous property in the same district on October 27, 1969. A substandard lot at least 5,000 square feet in area may be developed as a standard site under the applicable district regulations.

2. In any R district, single-family dwellings only may be erected on any substandard lot less than 5,000 square feet in area, if the lot was not owned in common with contiguous property in the same district on October 27, 1969.

3. As an exception to A.1, a property in the R-1 Residential district consisting of 4 contiguous lots of record totaling at least 9,650 square feet that were owned in common on October 27, 1969, may be developed as 2 sites, each consisting of one pair of contiguous lots.

4. Any substandard lot created through a parcel map, resubdivision or lot line adjustment approved by the city after October 27, 1969, shall be recognized as a standard lot.

5. Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Municipal Code Chapter 16.12.

B. Urban Lot Split. A lot may be created and developed in the R-1 and R-BA districts that does not conform to the lot area and dimensions subject to the provisions of the Two-unit Development Residential Overlay District - R-1 and R-BA Districts, as set forth in Chapter 17.05. 223
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C. Modification in Conjunction with Application for Tentative Map. The planning commission may approve an application for a modification to the lot dimension regulations set forth in Title 17, Zoning, for real property located in any subdivision proposed in compliance with Title 16, Subdivisions, subject to the following findings:

1. The property is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider to fully conform to the regulations;

2. Each lot or parcel subject to the modification will be capable of being developed in accordance with the other applicable provisions of the zoning ordinance; and

3. The modification conforms with the spirit and purpose of this title.

D. Lot Line Adjustment. In compliance with the procedures set forth in Chapter 16.32 of Title 16, Subdivisions, the planning director may approve a lot line adjustment that will not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of the Zoning Ordinance, even though the resulting parcels may not fully comply with the development regulations of the applicable zoning district. Where each lot is a substandard lot as defined in Section

17.02.490.H, a lot line adjustment may be utilized to effectuate an urban lot split, subject to the provisions of the two-unit development residential overlay district, as set forth in Chapter 17.05.

E. Elimination of Interior Lot Lines. A property owner may eliminate an interior lot line between record lots in common ownership through recordation of a declaration of merger signed by the property owner and acknowledged by the planning director, as prescribed by Chapter 16.12 of Title 16, Subdivisions.

17.47.040 - Height Limit Exceptions
Heights of structures shall conform to the district development regulations, except as provided herein.

A. Height Exception Limits.

The following height limit exceptions in Table 17.47.040.A apply to all zoning districts:

Table 17.47.040.A
Type Applicability Height Exception Eligible for Modification? Chimney Chimney not exceeding 3 feet in
width or depth.

Feature may be less than
or equal to 5 feet over
the district height limit, or
as required to comply
with the California
Building Code.

No. Modification to the
height exception
provided may only be by
variance, per Chapter

17.46, subject to the
findings therein.

Miscellaneous
structures
Cupolas, monuments, water tanks,
mechanical appurtenances and
similar structures.

Subject to use permit
approval by the Planning
Commission.

No. Modification to the
height exception
provided may only be by
use permit, per Chapter

17.40 of this title, subject
to the findings therein.
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Type Applicability Height Exception Eligible for Modification? Rooftop solar Rooftop solar energy systems,
including those for water heating
as well as photovoltaic purposes.

Feature may be less than
or equal to 24 inches
above the roofline of the
structure on which it is
mounted, measured from
the exterior roofing
material to the highest
point of the panel,
regardless of the building
height. If greater than 24
inches above the roofline
and over the district
height limit, the feature is
subject to approval by the
zoning administrator, per
Section 17.32.060.B.

Yes (see Section

17.47.060)
Note: Height exceptions may be superseded by objective design standards established in this title, including but not limited to the POAZ Parkside Overlay District and Housing Development Permits.

17.47.050 - Setback Exceptions
Setbacks from lot lines to buildings and structures shall conform to the district development regulations, except as provided herein.

A. Setback Exception Limits. Notwithstanding any other provision of this title, certain structures or portions thereof may extend into a front, rear or side setback area to the extent permitted by Table 17.47.050.A and subject to applicable building and fire codes:

Table 17.47.050.A
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Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Residential
Garages, Carports
and Parking Decks
in the R-1, R-2, R-3
and R-BA districts
• If located within the setback area,
a garage, carport, or parking deck
may not exceed 15 feet in height
above the centerline of the
adjacent street.
• Notwithstanding the allowable
exceptions, placement is subject to
approval by the city engineer,
based upon a finding that no traffic
or safety hazard will be created.
• A garage or carport in compliance
with this subsection may exceed
the district height limit, but the
height of any permitted living
space underneath shall not exceed
the district height limit.
0 Interior
rear: NA
Exterior
rear
(through
lots): 0
Interior
side: NA
Exterior
side (i.e.
corner
street or
alley lots):
0 Overhanging
Architectural
Features
Includes such features as eaves and cornices
that extend from the wall of a building and
into the setback area.
5 7 2.5
Gutters and downspouts 5 7 2
Cantilevered
Windows
• Includes window(s) extending from
the wall of a building into the
setback area such as bay windows,
box windows, etc.
• To qualify for the exception, the
window may not include floor area.

Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Roof Decks and
associated
guardrails over a
garage that is
subject to a
setback exception
• Roof decks over garages that are
subject to the garage setback
exception may not be covered by a
roofed or unroofed structure (I.e.
pergola over a roof deck), except
that the portion of a deck covered
by an eave from an adjacent
building segment may cover the
portion of the deck not to exceed
3 feet from the edge of the
building wall
0 Interior
rear: NA
Exterior
rear (i.e.
through
lots): 0
NA
Stairs, Ramps and
Landings to a
building entrance
• Applies only to unenclosed stairs,
ramps or landings.
• May not drain onto the neighbor’s
property.
• Materials within a setback must be
non-combustible, to the
satisfaction of the building official.
0 5 0
Awning over a
building entrance
or landing
• Allowed as a type of projection
from a building.
• May not drain to the neighbor’s
property.
• In all zoning districts except the R-1
District, to be eligible for a side
setback exception, the awning may
project no more than 3 feet from
the building into the side setback
area.
• In the R-1 District, to be eligible for
a side setback exception the
awning may extend 4 feet from the
building into the side setback area
but shall not extend over the
abutting property.
5 5 All districts
except R-1:

2.5 R-1 district
only: 0
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Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Roofed Accessory
Structures (such as
detached home
offices and art
studios, sheds and
gazebos)
• The portion of the structure
encroaching within the setback
area may not exceed 10 feet in
height measured from lowest
grade immediately adjacent to the
structure’s exterior walls or the
alignment of the supporting posts.
• The square footage of the portion
of the structure encroaching within
the setback area may not exceed
120 square feet.
• These exceptions do not apply to
accessory dwelling units. ADU
development regulations are
contained in Chapter 17.43.

NA 5 Interior
side: 3
Exterior
side: NA
Unroofed
Accessory
Structures (such as
arbors, trellises,
pergolas and
gateways)
The structure’s portion within the setback
area may not exceed 10 feet in height and
may not cover more than 15 percent of the
front setback area
0 5 3
Ponds, Fountains
and Similar
Decorative Water
Features
Feature must not exceed 6 feet in height.
(2) 0 0 0
Decorative Artwork Feature must not exceed 6 feet in height.

The artwork shall not block access to a
building entrance or otherwise create a
safety hazard.
0 0 0
Flag pole & flag • Not more than 1 pole per lot
• Height of pole less than or equal to
20 feet
• Individual flag size than or equal to
3 by 5 ft, with up to two on a pole
• Flag may not extend over the
property line when fully extended.
• May not include advertising.
• Unlighted only.
• Flags shall be maintained in good
repair.
5 5 NA
Accessory Dwelling
Units
See Chapter 17.43.

Fences, hedges and
walls
See Section 17.47.050.B
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Notes:

1. NA: Not applicable. In such cases, the standard setback provided in the zoning district’s development regulations shall prevail.

2. The exceptions set forth in this Table shall not be construed to include chimney boxes, swimming pools and spas, exposed plumbing, or mechanical equipment such as heating and air conditioning units or pool pumps, and no exceptions to the setback requirements shall be permitted for any of these structures.

3. The exceptions set forth in this Table do not waive the requirement to obtain any other required permits from the City, including, but not limited to, a building permit. New construction or tenant improvements on commercial properties may also require a design permit, in which case the requested exception may be included in the design permit application.

4. In a case of conflict between the setback exceptions listed here and other laws, regulations or conditions of approval, the most stringent requirements shall prevail.

5. Fire Code may prohibit certain materials from use within setback areas.

6. Non-combustible flatwork, such as concrete pavers and stone on grade, are not subject to setbacks and may be placed anywhere within a setback area.

7. Setback exceptions may be superseded by objective design standards established in this title, including but not limited to the POAZ Parkside Overlay District and Housing Development Permits.

8. See the definition of setback in Section 17.02.715 - Setback – Setback Area.

B. Fences, hedges and walls within setbacks. Fences, hedges and walls may be erected within setback areas as provided herein.

1. Fences.
a. Height and Fence Type Allowances. Where a fence, as defined in Section 17.02.300, is to be constructed in a setback area, the following regulations shall apply, except where otherwise indicated in Section

17.47.050.B.1.b. See also the definition of height for fences and walls in Section 17.02.400.C.

Table 17.47.050.B.1
Zoning District Height Limit – Front
Setback
(feet)
Height Limit -
Side and Rear
Setbacks, except
that portion
extending to the
front setback area
(feet)
Special provisions
R-1 6 7 or 8* *If the top 2 feet of a fence is constructed of lattice, or other open pattern, to the satisfaction
of the planning director, the fence may be 8 ft in
total height in the side and rear setbacks, but not
extending into front setback. Otherwise, where
lattice or a similar open pattern is not included
the limit is 7 ft, but the fence must step down to 6
ft in the front setback area.

R-2 6 7 or 8*
R-3 6 7 or 8*
R-BA 6 7 or 8*
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Zoning District Height Limit – Front
Setback
(feet)
Height Limit -
Side and Rear
Setbacks, except
that portion
extending to the
front setback area
(feet)
Special provisions
R-MHP 8*** 8*** ***Fence heights may be up to ten (10) feet along the mobile home park perimeter abutting a public
right-of-way.

C-1 8 8
M-1 8 8
SCRO-1 8 8
TC-2 8 8
HC 8 8
C/P-U 8 8
PAOZ-1 As provided in Section 17.27.040.G.2.

PAOZ-2 As provided in Section 17.27.050.G.2.

NCRO-1 By setback exception permit for fences on developed sites, per Section 17.47.060.

By design permit when associated with new development, or modification of a design permit for existing development when associated with other development modification(s) that is subject to a design modification permit. See Chapter 17.42 for design permits and Section

17.56.090 for modification of a design permit. See also the district development standards for fence provisions.

NCRO-2
PD
SP-CRO
TC-1
All Districts Temporary chain-link demolition/construction barricades not exceeding eight (8) feet in height are permitted in all districts, subject to removal prior to final inspection. b. Overriding Factors and Other Requirements
i. In any district, where the director of public works determines that traffic visibility would be affected, due to the location of the fence being near or adjacent to the public right-of-way, the fence height may be required to be reduced, to the satisfaction of the director. ii. Where a fence is proposed to be constructed, or has been constructed, adjacent to city property, a boundary survey or other evidence of the location of the fence shall be submitted to the director of public works upon request if the director determines that a question exists as to whether the fence encroaches on public property.
iii. In all districts, the following materials are prohibited: razor wire, barbed wire and similar materials with sharp edges or points.
iv. Chain-link fences may not be constructed in or adjacent to residential districts and are required to be black or green vinyl coated, except as approved by the planning director where the fence is not readily within public view or is otherwise screened from view by landscaping. v. For fences within the San Bruno Mountain Area Habitat Conservation Plan (HCP), within the R-BA, SCRO-1 and certain PD districts, the height, location and/or design of fences may be subject to 230
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restrictions for protection or passage of butterflies, consistent with the site’s HCP operating program or other required permitting consistent with HCP requirements. vi. When construction of a fence would impair the visibility of address numbers on a house, such numbers shall be relocated with approval of the fire prevention officer, or the fence may be required to be lowered.
vii. Gated driveways are subject to approval by the planning director, based on a determination that the gate will not create a safety hazard.
viii. A building permit may be required for construction of a fence, depending on such factors as height or location relative to a retaining wall, and is subject to building official determination.

2. Retaining Walls
a. Height. Where a retaining wall, as defined in Section 17.02.690, is to be constructed in a setback area, the provisions in Table 17.47.050.B.2 shall apply. See also the definition of height for fences and walls in Section

17.02.400.C.

Table 17.47.050.B.2 Retaining Walls in Setback Areas
All Zoning
Districts
Permitted Height in
All Setback Areas
Special Provisions
6 feet or less of
exposed wall
surface
None
More than 6 feet Greater than 6 feet of exposed wall surface, where one or more of the following conditions are met, to the satisfaction of the planning director:
(i) Walls shall be architecturally integrated with proposed or existing structures on the site;
(ii) Wall faces shall be decorative and treated with color, texture, architectural features, trelliswork or other means to visually break up the wall expanses;
(iii) Walls shall be screened with water conserving, noninvasive landscaping that at maturity will soften and reduce the visible expanse of walls;
(iv) Other means that ensure that the walls are designed to be as visually unobtrusive as possible.
b. Overriding Factors and Other Requirements.

i. Where construction of a retaining wall would result in grading, the provisions of Chapter 15.01 shall apply. If planning commission review of a grading permit is required, per Section

15.01.110, the retaining wall design will be considered as part of the planning commission’s grading review.
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ii. A building permit is generally required for construction of a retaining wall, subject to building official determination.

3. Hedges
a. Height Limit: Where a hedge, as defined in Section 17.02.390, is to be established within a setback area, the height limit shall be as shown in Table 17.47.050.B.3:

Table 17.47.050.B.3 Hedges within Setbacks
Permitted Height in All Setback Areas
Hedges in all
zoning districts
8 feet
b. Overriding Factors and Other Requirements
In any district, where the director of public works determines that traffic visibility would be affected, due to the location of the hedge being near or adjacent to the public right-of-way, the height may be required to be reduced to less than 8 feet, to the satisfaction of the director.

4. Modification to Fence, Wall and Hedge Exceptions: All other exceptions, or modification to exceptions, pertaining to fences, walls or hedges shall require approval by the zoning administrator, as provided in Section 17.47.060.

17.47.060 - Exception Modification Procedures
Modifications to the height and setback exceptions specified in sections 17.47.040 and 17.47.050 of this Chapter are subject to zoning administrator approval and are subject to the following procedures, except as indicated otherwise:

A. Application form, fee and plans. An application for a height or setback exception shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning director. At a minimum, the application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed feature.

B. Findings. The zoning administrator may approve an exception if the zoning administrator makes the following findings, as applicable.

1. Height Exception Modifications for a rooftop solar system may be approved if the zoning administrator makes the finding that the feature would not result in a specific adverse impact upon the public health and safety.
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2. Setback Exception Modifications may be approved for any of the structures or features listed in Table 17.47.050.A if the zoning administrator makes the findings that:
a. The setback exception modification/the feature or structure will not create any significant adverse impacts upon adjacent properties in terms of loss of safety, privacy, noise or glare. b. The feature will be constructed in a sound and workmanlike manner, in compliance with all applicable provisions of the building and fire codes.
c. Structures are designed to be compatible with the primary dwelling(s) on the site. d. Architectural features are designed to be compatible with the building on which they are located.

3. Fence, hedge or wall Exception Modifications may be approved if the zoning administrator makes the findings that:
a. The proposed fence, hedge or wall will not create a safety hazard for pedestrians or vehicular traffic.
b. The appearance of the fence, hedge or wall is compatible with the design, appearance and scale of the existing buildings and structures in the neighboring area.

C. Notice procedure and action by the zoning administrator. The procedure for action by the zoning administrator shall be as provided in Chapter 17.56.

D. Appeals: The decision of the zoning administrator or planning commission shall be effective on the close of the appeal period, unless an appeal has been filed pursuant to Chapter 17.52 of this title.

E. Notice to the Planning Commission: All decisions of the zoning administrator shall be reported to the planning commission by email at least seven (7) days prior to the expiration of the appeal period.

If any two members of the planning commission indicate in writing a desire to appeal the decision it shall be considered appealed and placed on the next available commission agenda, following the public hearing notice procedures provided in Chapter 17.54.

17.47.070 - Requests for reasonable accommodations.

Modifications or exceptions to the regulations set forth in Title 17 that are not otherwise addressed in Sections 17.32.060.B and C may be granted as reasonable accommodations for residential and nonresidential improvements, or for new development, when designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Such requests may be granted by the planning director through a building permit, if through the building permit application it has been demonstrated that:

A. The exception is necessary for current or future accessibility to the property or building by persons with disabilities that cannot be addressed within either the applicable zoning district height limits or setbacks, or through the exceptions provided in Sections 17.32.060.B and C.

B. The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes.
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17.47.080 - Nonconforming Structures and Features. Any structure, architectural feature, wall, or other improvement lawfully constructed within a setback area or over the height limit and constituting a nonconforming structure as defined in Section 17.02.560, may be allowed to continue in accordance with Chapter 17.38 of this title.
******
SECTION 16: Chapter 17.52 - Appeals is amended to read as follows:

Chapter 17.52 - APPEALS
Sections:

17.52.005 - Appeal from planning director.

17.52.007 - Appeal from zoning administrator.

A. Appeals from the decision of the zoning administrator, except decisions related to housing development permits as set forth in Chapter 17.45 of this title, shall be made to the planning commission.

B. Appeals from decisions of the zoning administrator relating to housing development permits as set forth in Chapter 17.45 of this title shall be made to the city council.

17.52.010 - Appeal from planning commission.

Any person may appeal to the city council any order, requirement, decision, determination or other action of the planning commission in the manner provided in this title, including any planning commission decision of an appeal from an order, requirement, decision, determination or other action of the planning director or zoning administrator.

17.52.020 - Method and timing.

A. All appeals shall be in writing and filed with, and on a form prescribed by, the city clerk and shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal.

B. The appeal shall be filed according to the following schedule, unless specified otherwise in this title:
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a. Appeal of Planning Director decision: close of business ten (10) days after the decision b. Appeal of Zoning Administrator decision: close of business ten (10) days after the decision c. Appeal of planning commission decision: close of business fifteen (15) days after the decision If the appeal closing date would be on a weekend or City observed holiday, the appeal date shall be the close of business on the next business day.

C. In addition to the above, any two (2) members of the planning commission may appeal a decision of the zoning administrator, according to the schedule provided, by filling the appeal in writing with the city clerk.

Written appeal to the city clerk may include email. The mere fact that two (2) members of the planning commission have filed an appeal does not of itself require disqualification of either such commission member from hearing and/or deciding the item.

D. In addition to the above, any two (2) members of the city council may appeal any decision, according to the schedule provided, by filling the appeal in writing with the city clerk. The mere fact that two (2) members of the city council have filed an appeal does not of itself require disqualification of either such councilmembers from hearing and/or deciding the item.

E. Upon receipt of such appeal, the city clerk shall notify the planning department and the applicant. A time shall then be set as soon as practical but within sixty (60) days after the receipt of such appeal (unless the applicant agrees otherwise) for a public hearing. Notice of such hearing shall be given as set forth in Chapter

17.54. 17.52.030 - Planning department report.

The planning department, upon receipt of the notice of appeal, shall prepare a report of the facts pertaining to the decision and shall submit such report to the appeal hearing body along with the department's recommendation and the reasons for the action.

17.52.040 - Action on appeal.

The planning commission or city council shall conduct a de novo hearing on the appeal. At the close of the public hearing, the appeal hearing body may affirm, reverse or modify the decision, either at the same meeting or at such later meeting as the body may determine, for any basis permitted by law. If action is not taken on the appeal within sixty (60) days after the clerk's receipt of the appeal, unless the applicant otherwise agrees or the appeal hearing body has determined that additional time was needed in order for it to make an informed decision, the original action shall be deemed affirmed. To reverse or modify the decision shall require a majority of the quorum
*******
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SECTION 17: Chapter 17.56 - Administration is amended to read as follows:

Chapter 17.56 - ZONING ADMINISTRATOR
Sections:

17.56.010 - Zoning administrator—Function created.

There is created the function of zoning administrator which shall be carried out by the planning director.

17.56.020 - Zoning administrator—Powers and duties.

The zoning administrator shall have all the powers and duties of a board of zoning adjustment as set forth in Section 65900 through 65909 of Article 3 of Chapter 4 of Title 7 of the Government Code of the state.

17.56.030 - Zoning administrator—Action on applications.

A. Except as otherwise provided in this title, the zoning administrator shall decide the following, unless referred by the zoning administrator to the planning commission:

1. Administrative design review in the POAZ districts pursuant to Section 17.27.060.A;

2. Wireless telecommunication facilities pursuant to Section 17.32.032;

3. Height and setback exception modification permits pursuant to Section 17.47.060;

4. Certain sign permits pursuant to Section 17.36.060;

5. Amendments or modifications to a design permit pursuant to Section 17.42.070;

6. Housing development permits pursuant to Section 17.45.050;

7. Zoning conformance pursuant to Section 17.56.080;

8. Planning application modifications pursuant to Section 17.56.090.

9. Interim use permit extensions pursuant to Section 17.41.080.D B. In connection with the applications provided for in this section, the zoning administrator shall have all the duties and responsibilities set forth in this title for the planning commission.

17.56.080 - Zoning conformance.

Zoning conformance shall be determined in conjunction with, and as a part of, building permits. If it has been determined that any proposed construction is not in conformity with the regulations for the district in which the construction is to be located, the determination shall be provided by the zoning administrator, or the zoning administrator’s designee. No building permit shall be issued until the zoning conformance has been confirmed by the zoning administrator or the designee.

17.56.090 - Planning Permit Modifications.
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An applicant may request modifications to a previously approved planning permit prior to or during construction. Examples of such modifications include alteration to an approved building or structure, change in configuration of site improvements, or modification or deletion of conditions of approval. A modification shall not automatically extend the approval expiration date beyond that of the original planning application.

Modifications are classified in three ways based on the significance of the proposed change and amount of additional review required: A) substantial conformance, B) minor, or C) major. The Zoning Administrator shall determine the type of modification required based on the criteria specified below.

A. Substantial Conformance. Modifications that are in substantial conformance with the original planning application can be approved as part of the building permit review process.

1. Substantial conformance is generally defined as a modification or change that:
a. Results in a project with reduced or inconsequential changes in size, scale, design, or intensity; or
b. Is necessary to accommodate parking requirements, utility configurations or other mechanical or operational components of a project identified during building permit review or construction;
c. Is in order to comply with updated Federal or State laws including but not limited to, the Americans with Disabilities Act, Building Code requirements, or Fire Code requirements; or d. Cumulatively would not result in substantive changes to the overall project.

2. Public notification shall not be required for substantial conformance modifications.

B. Minor Modification. Modifications that result in minor changes to an approved planning application require review and approval by the Zoning Administrator, except if otherwise specified in this title or through the approved planning application conditions of approval.

1. Minor modification is generally defined as a modification where all of the following circumstances apply:
a. The modification would not result in a Major Modification, as defined below, to the approved site plan or project design;
b. The modification would not significantly change the nature of the approved use(s); c. The modification would not significantly intensify the approved use(s); and d. The modification would not result in any new or substantially greater environmental effects than the originally approved project.

2. Procedures for minor modifications are set forth in Section 17.56.110, or, where otherwise provided in this title, according to the original permitting procedures.

C. Major Modification. Modifications that result in a significant change, or “substantial modification” as provided in Section 17.42.010.A or this title, require review and approval by the original decisionmaking body, whether zoning administrator or planning commission except if otherwise specified in this title or as specified through the approved planning application conditions of approval. If the 237
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original decision maker was the planning commission or city council, whether in the first instance or on appeal, then public noticing and a public hearing by the planning commission are required.

1. A modification to a project is considered major if any of the following circumstances in paragraphs a, b, c, d or e apply:
a. The modifications involve substantive changes to the approved site plan or project design. A substantive change, for the purpose of this section, includes but is not limited to:
i. A change that is visually conspicuous from the public right-of-way or adjacent properties; or
ii. A change that results in non-conformance with City standards or policies; or iii. A change that alters the intent of a project-specific condition of approval; or b. The modifications significantly change the nature of the approved use; or c. The modifications significantly intensify the approved use; or d. The modifications may result in new or substantially greater environmental impacts than the originally approved project; or
e. The modifications involve major policy decisions or unique land use characteristics, as determined by the Zoning Administrator.

17.56.100 - Other Permits.

Zoning Administrator approvals of permit types provided elsewhere in this title shall be subject to the findings and procedures provided therein. Where procedures are not otherwise provided in this title, the zoning administrator procedures shall be as set forth in Section 17.56.110.

17.56.110 - Procedures.

A. Procedures for major modifications to approved planning permits shall follow the same permitting procedures as the original application, as provided elsewhere in this title.

B. The following procedures shall apply to minor modifications and other zoning administrator permits, unless provided otherwise in this title.

1. Application form, fee and plans. Application shall be made in writing by the owner(s) of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning director. At a minimum, the application shall be accompanied by a fee, set by the city council, and plans showing and describing the details of the proposed.

2. Notice procedure and action by the zoning administrator. a. Notice of recommended decision and action:
i. The zoning administrator shall provide notice of the application and publish a staff report with a recommended decision to grant or deny the permit at least ten (10) days prior to a decision on the permit application. The notice shall be mailed to all 238
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owners of property adjacent to, and directly across the street from, the exterior boundaries of the subject property.
ii. If no written public comments are received objecting to the recommended decision by the date indicated on the notice, at least ten (10) days following the issuance of the notice, the zoning administrator shall act on the application consistent with the recommendation contained in the staff report and the decision shall be effective immediately.
b. Public hearing, when required:
i. If written public comments objecting to the recommended decision are received, that relate to the required findings, the zoning administrator shall hold a public hearing on the application. Notice of the hearing shall be given to all owners of property adjacent to, or directly across the street from the exterior boundaries of the subject property, and any party that has requested notice or provided written public comments on the application. The notice of public hearing shall be mailed not less than ten (10) or more than thirty (30) days before the date of the hearing.

Alternatively, the zoning administrator may refer the application to the planning commission for public hearing and decision.
ii. The zoning administrator, or if referred, the planning commission, may either grant or deny the application subject to the required finding(s). The zoning administrator or planning commission may grant the permit subject to such conditions as deemed necessary or appropriate to meet the required findings.

3. Appeals: The decision of the zoning administrator or planning commission shall be effective on the close of the appeal period, unless an appeal has been filed pursuant to Chapter 17.52 of this title.

4. Zoning administrator—Reporting decisions to planning commission. All decisions of the zoning administrator that are subject to public hearing shall be reported to the planning commission by email at least seven (7) days prior to the expiration of the appeal period. If any two members of the planning commission indicate in writing, including email, a desire to appeal the decision it shall be considered appealed and placed on the next available commission agenda, following the public hearing notice procedures provided in Chapter 17.54.
*****
SECTION 18: 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 19: This Ordinance shall be in full force and effect thirty days after its passage and adoption. 239
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_____________________________
Terry O’Connell, Mayor
* * *
The above and foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Brisbane held on the _________ day of ________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ City Clerk City Attorney
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CITY COUNCIL AGENDA REPORT
Meeting Date: June 6, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Text Amendments to Title 17 – Omnibus Zoning Amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element for building heights, lot coverage and floor area ratios, and related amendments, including, but not limited to, organizational amendments and amendments to development regulation exceptions and Zoning Administrator procedures; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(3), Section 15183; City of Brisbane, applicant.

COMMUNITY GOAL/RESULT
Safe Community - Residents and visitors will experience a sense of safety.

PURPOSE
To amend the zoning text provisions in a number of Chapters in the Brisbane Municipal Code (BMC), consistent with the revised 2023-2031 Housing Element goals, policies and programs.

RECOMMENDATION
Introduce the ordinance amending the zoning text as provided in Attachment 1.

BACKGROUND
On May 18, 2023, City Council adopted the revised 2023-2031 Housing Element (Housing Element) and it was subsequently certified by the California Department of Housing and Community Development (HCD). It includes goals which are applicable to this ordinance, along with related policies and implementation programs. Goals 2 and 7 are:
"Facilitate and support the production of housing at all income levels, but especially affordable housing.”
“Avoid unreasonable government constraints to the provision of housing.“ 1 158
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June 6, 2024 Meeting
Additionally, California Senate Bill SB 478 (2021) was codified as Government Code Section 65913.11 and became effective on January 1, 2022. It requires that a local agency allow minimum floor area ratios (FARs) of at least 1.0 for 3 to 7 unit developments and 1.25 for 8 to 10 unit developments.

The Planning Commission held workshops on June 8, 2023 and February 22, 2024 regarding the proposed amendment. In the workshops it was suggested that the Housing Element Program

2.A.12, which calls for raising the height limits to 36 feet, should be extended to the single family zoning districts, to provide for equity across the various residential districts. It was also suggested that the floor area ratio standards for multifamily developments of three or more units should be consistent.

On May 9, 2024, the Planning Commission held a public hearing and, by a vote of 4-0, recommended that City Council adopt the proposed ordinance. The Planning Commission resolution, draft minutes and agenda report are provided in Attachments 3, 4 and 5. Public correspondence to the Commission is provided in Attachment 6.

DISCUSSION:

The ordinance updates the residential zoning regulations as provided in the Housing Element programs, provides for reorganization of certain sections, and updates and clarifies procedural requirements for planning permits. The draft ordinance is provided as Attachment 1 and a redlined version is provided as Attachment 2. The redlined version shows only proposed substantive amendments and does not show redlines for edits that were made for reorganizational purposes.

In summary, the amendments provided in the draft ordinance are as follows:
• Update development standards for the residential districts and exceptions to development standards to tables, for clarity and ease of use. • Single family zoning districts (R-1 and R-BA), to increase the maximum height of 28 feet or 30 feet, depending on the slope of the lot, to a maximum of 36 feet. • Multifamily zoning districts (R-2 and R-3) and mixed-use districts that allow multifamily development (NCRO-2 and SCRO-1), to increase the height maximums to 36 feet. The R2 and R-3 districts currently allow for heights up to 28 or 30 feet and the NCRO-2 and SCRO-1 allow for 35 feet. The FAR for these districts would also be increased from 0.72 to 2 159
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June 6, 2024 Meeting

1.25, along with related SB 478 provisions, including that the lot coverage limit may not preclude development to the 1.25 FAR.
• The exceptions to the development regulations that are currently provided in Chapter

17.32 - General Use Regulations, would be reorganized and made a new chapter “Chapter

17.47 - Exceptions to District Development Regulations”. Aside from reorganization, a few notable amendments within that new chapter are that, 1) requests for reasonable accommodations would become an administrative review through the building permit process, 2) other types of setback and height exceptions would have some updates as illustrated in the redlined ordinance 3) the procedures for requests for modification of an exception would be normalized to require zoning administrator review. • Both Chapter 14.46 - Variances and Section 17.42.070 - Amendment of Design Permit – Minor Modifications would have minor updates for clarity. • Chapter 17.52 - Appeals would be updated to provide for more structure and consistency to the time periods and process. Currently, various appeals timeframes are provided in Title 17 for different applications. While this update is not an attempt to address all of these, it would serve as a start for greater consistency. Where another section of Title 17 provides a different appeal period, it would prevail. Otherwise, the appeal periods would be as provided on Chapter 17.52.
• Finally, Chapter 17.56 - Zoning Administrator would be retitled from Administration to Zoning Administrator, to more accurately reflect its contents. The amendment would update the list of application types subject to zoning administrator approval. It also further updates and fleshes out the procedures for evaluating and hearing proposed modifications to planning permits into three types, 1) substantial conformance, 2) minor modification 3) major modification. Note that major modifications would be subject to review and approval by the original decision-making body, while minor modifications would be subject to Zoning Administrator review.

Correspondence received prior to the Planning Commission hearing was duly considered by the Commission and is provided for reference in Attachment 6.

FISCAL IMPACT
None.

MEASURE OF SUCCESS
To provide clear provisions in the BMC.
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June 6, 2024 Meeting

ATTACHMENTS

1. Draft Omnibus Ordinance

2. Redlined Draft Ordinance

3. Planning Commission Resolution 2021-RZ-2

4. Draft Planning Commission Meeting Minutes, May 9, 2024

5. Planning Commission Agenda Report, May 9, 2024

6. Correspondence
______________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 4 161
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ATTACHMENT 2
REDLINED DRAFT ORDINANCE 2024-RZ-2
Note: The Brisbane Municipal Code (BMC) Sections provided in this draft represent reformatting of the development regulations for most of the districts that allow residential uses and exceptions to development regulations that are applicable to all districts. Reformatting is to a table format and non-substantive changes are not shown. The Red text indicates substantive proposed changes.

SECTION 1: Section 17.02.065 - Outside Wall is hereby deleted in its entirety.

17.02.065 - Outside wall.
"Outside wall" means any wall that defines the exterior boundaries of a structure.

A. "Front outside wall," "rear outside wall" and "side outside wall" respectively mean the outside wall that is generally parallel to the front, rear or side lot line of the site.

B. "Exterior side outside wall" means a side outside wall generally parallel to a street. "Interior side outside wall" means any side outside wall other than an exterior side outside wall.

Section 2: New Section 17.02.785 - Wall, is added to read as follows:

17.02.785 - Wall.
“Wall” means a vertical structure that encloses or divides an area of land or interior spaces of a building.

17.02.300 and provided in Section 17.47.050.B.

C. "Interior (front, rear or side) outside wall" means a front, rear or side outside wall other than an exterior side outside wall.

D. “Inside Wall” or “Interior Wall” means a wall that is inside the boundaries of a structure, that is not an outside wall.

SECTION 3: Section 17.06.040 - Development Regulations, of Chapter 17.06 - R-1 Residential District, is amended to read as follows:

17.06.040 - Development regulations.
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The following development regulations shall apply to any lot in the R-1 district:
(Subsections A- I combined to amended Subsection A.)
A. Table 17.06.040.A: R-1 District Development Regulations Type Description Single-family Dwelling Exceptions and Notes Density of Development – maximum 1 DU/5,000 square feet A single-family dwelling may be constructed on a lot of record with
an area of less than 5,000 square
feet, subject to the provisions of
this chapter and the limitations set
forth in Section 17.47.030
Exceptions to Lot area, lot
dimensions and lot lines.

See Chapter 17.05 of this title for
urban lot split and two-unit
development provisions.

That portion of the structure that
is subject to this setback exception
(within the district standard
setback area) shall not exceed 20
feet in height measured from
finish grade.

17.47. Does not apply to garages and
carports accessed from a street or
alley.

Side: For dwellings and
structures on lots less than
50 feet wide, except garages
and carports accessed from a
street or alley.
10 percent of the lot width, but not
less than 3 feet.

See setback exceptions in Chapter

Type Description Single-family Dwelling Exceptions and Notes Rear 10 feet See exceptions in Chapter 17.47,
including decks and an allowance
for a lesser setback for garages
and carports on through lots, by
City Engineer approval, in Section

17.47.050.

Coverage Lot Coverage 40 percent of lot area See lot coverage definition in Section 17.02.495.

Floor Area Floor Area Ratio: For lots
greater than three thousand
seven hundred (3,700) square
feet.

0.72 See definition of floor area and
floor area ratio in Section

17.02.315.

Floor Area Ratio: For lots less
than or equal to three
thousand seven hundred
(3,700) square feet

0.72, plus up to 200 square feet for a
garage parking space
Height Height of dwellings and
structures, if not within the
setback areas and at least 15
feet from the front lot line.
28 feet, or 30 feet for lots with a
slope of 20 percent or more.
36 feet
See the definition of height in
Section 17.02.400.

See various exceptions in Chapter

17.47. See the exception for garages in
the front setback in Table

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are as a
cumulative area.

See definition of articulation in
Section 17.02.050 and the
definitions of outside walls,
interior and exterior side outside
walls in Section 17.02.065 of this
title.

Note: See also, Chapter 17.47 - Exceptions to District Development Regulations.

B. J. Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of Chapters 17.38 and 17.34 of this title.

C. K. Recycling Area Requirements. For new subdivisions containing an area where solid waste is collected and loaded in a location which serves five (5) or more living units, adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided to serve the needs of the living units which utilize the area. This requirement shall also apply to all institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area. *****
SECTION 4: Section 17.08.040. - Development Regulations, of Chapter 17.08 - R-2 Residential District, is amended to read as follows:

17.08.040 - Development regulations.

Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more
primary
dwelling
units)
Exceptions and Notes
Density of Development – maximum 1 DU/2,500 square feet Except a lot having an area of 4,950 square feet or greater
shall be considered
conforming for a
development density of two
units.

Lot
Dimensions
Lot Area – minimum 5,000
square feet
4,950 square
feet
No
Requirement
for lot of
record4,950
for 3 units
NA 50
NA 100
Lot Width - minimum 50 feet 50 feet
Lot Depth - minimum 100 feet 100 feet
Setback
minimums
Front: For dwellings and
structures, except garages and
carports.
15 feet for lots with a slope of less than 15
percent; or
10 feet for lots with a slope of 15 percent
or greater; or
Where50 percent or more of the lots of
record in a block have been improved with
single-family dwellings, the average
distance of the front outside wall of the
single-family structures from the front lot
line on the same side of the street, if less
than 10 or15 feet, as otherwise applicable.

17.02.400.

Front: For garages and
carports.
10 feet See exception allowing for
lesser setback by City
Engineer approval in Section

17.47.050
Side: For dwellings and
structures on lots greater than
or equal to 50 feet wide except
garages and carports accessed
from a street or alley.
5 feet See setback exceptions in
Chapter 17.47
Side: For dwellings and
structures on lots less than 50
feet wide, except garages and
carports accessed from a
street or alley.
10 percent of the lot width, but not less
than 3 feet.

17.47.050
Rear 10 feet See exceptions in Chapter

17.47, including decks and an
allowance for a lesser setback
for garages and carports on
through lots, by City Engineer
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more
primary
dwelling
units)
Exceptions and Notes
approval, in Section

17.47.050.

Coverage Lot Coverage 50 percent of lot area See lot coverage definition in Section 17.02.495.

Lot coverage over 50 percent
may be approved by the
planning director, if required
to meet the 1.25 FAR for
developments of 3 or more
units on a lot.

Floor Area Floor Area Ratio: For lots
greater than three thousand
seven hundred (3,700) square
feet.

0.72 0.72 1.25

0.72 See definition of floor area
and floor area ratio in Section

17.02.315.

Floor Area Ratio: For lots less
than or equal to three
thousand seven hundred
(3,700) square feet

0.72, plus
up to 200
square feet
for a garage
parking
space.

0.72, plus up
to400
square feet
for garage
parking
spaces.

1.25 0.72, plus up
to four
hundred
(400) square
feet for
garage
parking
spaces.

Height Height of dwellings and
structures, if not within the
setback areas and at least 15
feet from the front lot line.
28 feet, or 30 feet for lots with a slope of
20 percent or more.
36 feet
See the definition of height in
Section 17.02.400.

See various exceptions in
Chapter 17.47.

See the exception for garages
in the front setback in Table

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are
as a cumulative area.

See definition of articulation
in Section 17.02.050 and the
definitions of outside walls,
interior and exterior side
outside walls in Section

17.02.065 of this title.

Side: exterior side outside
walls that are greater than 20
ft by 20 ft on greater than or
equal to 40 ft wide lots
20 percent
Side: interior side outside walls NA
Rear: Rear outside wall 30 percent
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more
primary
dwelling
units)
Exceptions and Notes
Exempt from articulation
requirements:
• Single story 2 car
garages.
• Accessory structures
not exceeding a
floor area of 120
square feet.
• Walls that are
smaller than those
listed in this table.
• Where superseded
by objective design
standards
established in
Chapter 17.45 -
Housing
Development
Permits.

Rear of newly constructed
main structure on a downslope
lot
Screened with trees and shrubs in
accordance with a landscape plan approved
by the planning director
Notes:

1. Certain development regulations may be superseded for housing development projects, as defined in Chapter

17.02, by objective design standards provided in Chapter 17.45 - Housing Development Permits.

2. See also, Chapter 17.47 - Exceptions to District Development Regulations.

C. K. Recycling Area Requirements:
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1. Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2. This requirement shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to such existing developments for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project.
*****
SECTION 5: Section 17.10.040 - Development Regulations, of Chapter 17.10 - R-3 Residential District, is amended to read as follows:

17.10.040 - Development regulations.

The following development regulations shall apply to any lot in the R-3 district:
(Subsections A - I combined to amended Subsection A.)
A. Table 17.10.040.A: R-3 District Development Regulations Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Density of Development – maximum 1 DU/1,500 square feet A single-family dwelling may
be constructed on a lot of
record with an area of less
than five thousand (5,000)
square feet, subject to the
provisions of this chapter and
the limitations set forth in
Section 17.32.100.

Lot
Dimensions
Lot Area – minimum 5,000
square feet
5,000
square feet
No
Requirement
for lot of
record 4,950
for 3 units
NA 50
NA 100
Lot Width - minimum 50 feet 50 feet
Lot Depth - minimum 100 feet 100 feet
Setback
minimums
Front: For dwellings and
structures, except garages and
carports.
15 feet for lots with a slope of less than 15
percent; or
10 feet for lots with a slope of 15 percent
or greater; or
That portion of the structure
that is subject to this setback
exception (within the district
standard setback area) shall
not exceed 20 feet in height
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Where 50 percent or more of the lots of
record in a block have been improved with
single-family dwellings, the average
distance of the front outside wall of the
single-family structures from the front lot
line on the same side of the street, if less
than 10 or15 feet, as otherwise applicable.
from finish grade. See height
definition in section

17.02.400.

Front: For garages and
carports.
18 feet If the front setback is less
than 15 feet as provided for
slope over 20 percent or by
block average setbacks, then
the garage setback minimum
shall be three (3) feet behind
the front wall of the main
structure.

If the garage setback
exemptions set forth in
Section 17.47.050.A of this
Title apply, the regulations of
that section shall prevail.

Side: For dwellings and
structures on lots greater than
or equal to 50 feet wide except
garages and carports accessed
from a street or alley.
)
5 feet Notwithstanding the
foregoing, the minimum side
setback for garages, or
carports accessed from a
street or alley along that side
of the lot shall be 10 feet,
except where a lesser
distance is determined by the
city engineer to be safe in
terms of pedestrian and
vehicular traffic.

Side: For dwellings and
structures on lots less than 50
feet wide, except garages and
carports accessed from a
street or alley.
10 percent of the lot width, but not less
than 3 feet.

Side: For garages or carports
accessed from a street or alley
along that side of the lot.
10 feet See exception allowing for
lesser setback by City
Engineer approval in Section

17.47.050
Rear 10 feet See exceptions in Chapter

17.47, including decks and an
allowance for a lesser setback
for garages and carports on
through lots, by City Engineer
approval, in Section

17.47.050.

Coverage Lot Coverage 60 percent of lot area See lot coverage definition in Section 17.02.495.
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Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
Lot coverage over 60 percent
may be approved by the
planning director, if required
to meet the 1.25 FAR for
developments of three or
more units on a lot.

Floor Area Floor Area Ratio: For lots
greater than three thousand
seven hundred (3,700) square
feet.

0.72 0.72 0.72 1.25 See definition of floor area
and floor area ratio in Section

17.02.315.

Floor Area Ratio: For lots less
than or equal to three
thousand seven hundred
(3,700) square feet

0.72, plus
up to 200
square feet
for a garage
parking
space.

0.72, plus
up to 400
square feet
for garage
parking
spaces.

0.72 1.25
Height Height of dwellings and
structures, if not within the
setback areas and at least 15
feet from the front lot line.
28 feet, or 30 feet for lots with a slope of
20 percent or more.
36 feet
See the definition of height in
Section 17.02.400.

See various exceptions in
Chapter 17.47.

See the exception for garages
in the front setback in Table

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are
as a cumulative area.

See definition of articulation
in Section 17.02.050 and the
definitions of outside walls,
interior and exterior side
outside walls in Section

17.02.065 of this title.

Exempt from articulation
requirements:
• Single story 2 car
garages.
• Accessory structures
not exceeding a floor
area of 120 square
feet.

Type Description Singlefamily
Dwelling
Two-units Multi-family
(three or
more primary
dwelling
units)
Exceptions and Notes
• Walls that are smaller
than those listed in this
table.
• Where superseded by
objective design
standards established
in Chapter 17.45 -
Housing Development
Permits.

Rear of newly constructed
main structure on a downslope
lot.

Notes:

1. Certain development regulations may be superseded for housing development projects, as defined in Chapter

17.02, by objective design standards provided in Chapter 17.45 - Housing Development Permits.

2. See also, Chapter 17.47 - Exceptions to District Development Regulations.

C. K. Refuse and Recycling Area Requirements.

1. So as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, windblown litter or glare, areas for depositing, collecting and loading refuse and recyclable materials shall be provided and fully enclosed within an enclosure a minimum of six (6) feet tall. All receptacles for collection and recycling shall be completely screened from view at street level. All enclosures and gates shall be designed to withstand heavy use. Wheel stops or curbs shall be provided to prevent dumpsters from banging into walls of enclosure. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. 52 209
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Lighting shall be provided at all enclosures for nighttime security and use. Lights shall be full cutoff luminaires, as certified by the manufacturer, with the light source directed downward and away from adjacent residences. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2. This requirement shall apply to all new residential buildings having five (5) or more living units, institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to such existing developments for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of the development project.
*****
SECTION 6: Section 17.12.040 - Development Regulations, of Chapter 17.12 - R-BA Brisbane Acres Residential District, is amended to read as follows:

17.12.040 - Development regulations.

The following development regulations shall apply to any lot in the R-BA district:
(Subsections A- H combined to amended Subsection A.)
A. Table 17.12.040.A: R-BA District Development Regulations Type Description Single-family Dwelling Exceptions and Notes Density of Development – maximum 1 DU/20,000 square feet Not more than one single-family dwelling shall be located on each
lot in the R-BA District,
except as otherwise provided in
Section 17.12.050, Density
transfer, and Section 17.12.055,
Clustered development, of this
chapter, or Chapter 17.05 of this
title for urban lot split and twounit development provisions.

A single-family dwelling may be
constructed on a lot of record
with an area of less than20,000
square feet, subject to the
provisions of this chapter and the
limitations set forth in Section

17.01.060 of Chapter 17.01 of this
title.

See also Chapter 17.05 of this title
for urban lot split and two-unit
development provisions.

Lot Dimensions Lot Area – minimum 20,000 square feet
Lot Width - minimum 110 feet
Lot Depth - minimum 140 feet
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Type Description Single-family Dwelling Exceptions and Notes Setback
minimums
Front. 10 feet See exception allowing for lesser
garage setback by City Engineer
approval in Section 17.47.050.

Side: For dwellings and
structures, except garages
and carports accessed from a
street or alley
10 percent of the lot width, but in
no event more than 15 feet or less
than 5 feet.

17.47.050.

Coverage Lot Coverage 25 percent of lot area See lot coverage definition in Section 17.02.495.

See provisions for two-unit
developments and urban lot splits
in Chapter 17.05.

17.43 See definition of floor area and
floor area ratio in Section

17.02.315.

See provisions for two-unit
developments and urban lot splits
in Chapter 17.05.

Height The maximum height of any
structure outside the side
and rear setbacks and more
than 20 feet from the front
lot line.
35 feet
36 feet
See the definition of height in
Section 17.02.400.

See various exceptions in Chapter

17.47. See other exception for garages in
the front setback in Table

17.47.050.A
The maximum height of any
structure within twenty (20)
feet from the front lot line, .

Residential structures on sites
sloping down from the adjacent
street may be constructed to a
height of twenty (20) feet above the
elevation of the center of the street.

Type Description Single-family Dwelling Exceptions and Notes area underneath shall not exceed 36
feet from finish grade.

Articulation Front: outside walls greater
than 20 ft by 20 ft
30 percent Articulation requirements are as
a cumulative area.

See definition of articulation in
Section 17.02.050 and the
definitions of outside walls,
interior and exterior side outside
walls in Section 17.02.065 of this
title.

B. H. Wildland Interface. The development shall incorporate such measures as the fire chief may deem necessary to protect against the spread of fire between the site and the adjacent wildland.

C. I. HCP Compliance. All development within the R-BA District, except as provided in Section

17.01.060, shall comply with the requirements of the San Bruno Mountain Area Habitat Conservation Plan (HCP), including site activity review, environmental assessments, and operating programs for planned management units, consistent with the objectives and obligations set forth in the HCP.
(Subsection J. Articulation Requirements, removed. See Table 17.12.040.A, above.) D. K. Landscaping Requirements.

1. Landscape Plan. All development proposals and re-landscaping projects subject to the water conservation in landscaping ordinance (Chapter 15.70), except as permitted in Section 17.01.060 of Chapter 17.01 of this title, shall include a landscape plan to be approved by the planning director in consultation with the HCP plan operator. The plan shall show all proposed landscaping and the location of all protected trees and rare plants. The landscape plan shall be consistent with all of the following objectives:
a. Preservation of protected trees and rare plants to the greatest extent possible; b. Use of plants that are compatible with the natural flora and fauna, and are not invasive to the HCP area;
c. Use of water conserving plants;
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d. Use of plants that will effectively screen structures and blend with the natural landscape; and e. Use of landscaping that is fire resistant.

2. Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water. (Subsection L. Ridgeline, removed. See new Section 17.12.045 below.) E. M. Canyon Watercourses and Wetlands. Development of the site, including any temporary disturbance, shall be set back 30 feet in each direction from the center line of any watercourse, and 20 feet from the boundary of any wetlands. The specific location of watercourse center lines and wetland boundaries shall be determined by qualified personnel under the city's direction.

F. N. Trails. The development shall incorporate public access trails to the extent feasible given the environmental sensitivities of the site.

G. O. Nonconforming Residential Structures and Uses. Nonconforming residential structures and nonconforming residential uses, as defined in Section 17.02.560, may be repaired, restored, reconstructed, enlarged or expanded in accordance with the provisions of paragraph 3 of subsection L. of Section 17.12.040 and Chapters 17.34 and 17.38 of this title.

H. P. Recycling Area Requirements. For new subdivisions containing an area where solid waste is collected and loaded in a location which serves five (5) or more living units, adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided to serve the needs of the living units which utilize the area. This requirement shall also apply to all institutional buildings and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.
*****
SECTION 7: New Section 17.12.045 - Ridgeline Development is added to Chapter 17.12 R-BA Brisbane Acres Residential District as follows:

17.12.045 - Ridgeline Development.

A. Ridgeline. Development on any site through which a ridgeline runs as identified in Figure

17.02.695, Ridgelines, shall be subject to design permit approval, except for accessory dwelling units and junior accessory dwelling units and except as provided in Section 17.01.060. 56 213
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1. In addition to the required contents of application for design permit set forth in Section

2. In addition to the findings required for issuance of design permits set forth in Section

Development regulations for the NCRO-2 district are as follows:

1. Front setback: No requirement.

2. Side Setback: No requirement, except a 10 foot setback shall be required on the side where abutting any residential district.

3. Rear Setback: 10 feet.
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(Subsection E no change)
F. Height of Structures. The maximum height of any structure, except as provided in Chapter 17.47, shall be twenty-eight (28) feet, except that the height may extend to thirty-five (35) feet when authorized by a design permit granted pursuant to Chapter 17.42 of this title and provided the approving authority is able to make the findings set forth in Section 17.14.110 of this chapter 36 feet.

G. Fencing Requirements. If the site is next to a residential district, a wood fence of not less than eight (8) feet in height that adequately screens the site from the adjacent residential property shall be installed along the property line abutting the residential district. The planning director may approve deviations from the material and height requirements set forth in the preceding sentence, based upon a finding that the modified fence is more appropriate for the site and the adjacent residential property.

G. Fencing Requirements. Fencing shall be subject to zoning administrator review as set forth in Section

Development regulations in the Southwest Bayshore district are as follows:

1. Front setback:
a. Residential/Mixed Use: 10 feet;
b. Commercial Uses: 25 feet for commercial uses;
c. Exception: The setbacks may be reduced to zero where development includes dedication to public right-of-way for a frontage access road and sidewalk, to the satisfaction of the city engineer and fire department.

2. Side setback:
a. Residential/Mixed Use: 5 feet;
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b. Commercial Uses: 15 feet;
c. Exception: The planning commission may approve exceptions to the side setback regulations for commercial uses through the granting of a use permit.

3. Rear setback: 10 feet.
(Subsection E, no change.)
F. Height of Structures. The maximum height of any structure, except as provided in Chapter 17.47, shall be thirty-five (35) feet36 feet.
(Subsections G, H, I, J, K, L and M, no change.)
*****
SECTION 10: Section 17.27.040 - Development Regulations for the PAOZ-1 District is amended to read as follows:

Development regulations for the PAOZ-1 district are as follows:
(Subsections A, B, C, D, E and F, no change.)
G. Height.

1. Buildings and Architectural Features. The maximum building height shall be 38 feet and 3 stories.

Development regulations for the PAOZ-2 district are as follows:
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(Subsections A, B, C, D, E and F, no change.)
G. Height.

1. Buildings and Architectural Features. The maximum building height shall be 38 feet and 3 stories.

2. Fences and Walls. Fences and walls in front yards shall be no more than 3 feet in height from the adjacent sidewalk. Fences and walls in side yards shall not exceed 6 feet in height. Deviations from maximum fence and wall heights shall require approval by the planning commission zoning administrator as provided in Section 17.32.050.B.5. of this title Chapter 17.47. (Subsections H, I, J, K, L and M, no change.)
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SECTION 12: Sections 17.032.050 - Fences, hedges and walls, 17.032.055 - Exceptions – Lot area, lot dimensions and lot lines, 17.32.060 - Exceptions – Height Limit, 17.32.070 - Exceptions – Setback requirements, and 17.32.080 - Requests for reasonable accommodations are hereby deleted in their entirety.

17.32.050 - Fences, hedges and walls.

A. General Regulations. Fences, hedges and walls may be erected subject to the following conditions:

1. Unless otherwise provided elsewhere in this title, fences, hedges and walls not exceeding six (6) feet in height may be constructed in any district within any required setback area, except as follows:
a. Where the director of public works determines that visibility would be affected, the height of fences, hedges and walls shall be reduced to not less than three (3) feet. b. Chain-link fences shall not be constructed in or adjoining any R residential district, except as provided in subsections (B)(4) and (B)(5).
c. Razor wire, barbed wire and similar materials with sharp edges or points shall not be used for fencing in any district, except as provided in subsection (B)(5). Other non-standard fencing materials may be similarly restricted per guidelines approved by the planning commission. d. As a condition of approval for properties subject to the San Bruno Mountain Area Habitat Conservation Plan, the planning commission shall restrict the height, location and/or design of fencing to maintain sufficient openness to allow passage of butterflies while remaining consistent with building code requirements.

2. Where a fence is proposed to be constructed, or has been constructed, adjacent to city property, a boundary survey or other evidence of the location of the fence shall be submitted to the director of public works upon request if the director determines that a question exists as to whether the fence encroaches on public property.
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3. When construction of a fence impairs the visibility of address numbers on a house, such numbers shall be relocated with approval of the fire prevention officer.

B. Exceptions.

1. The community development director may approve retaining walls located in any required setback area having a height (as defined in Section 17.02.400) in excess of six (6) feet and falling within any one of the following categories:
a. The surface of the retaining wall is treated with coloring, texture, architectural features, trelliswork, or other means that will visually divide the height of the retaining wall into horizontal sections of no more than six (6) feet.
b. Water-conserving, non-invasive landscaping of sufficient size at maturity will be planted and maintained to provide screening so that no more than six (6) feet of the height of the retaining wall would remain visible.
c. The retaining wall is located on a cut slope so that it is not readily visible from off the site.

2. Fence heights may exceed six (6) feet through the addition of up to two (2) feet of wooden lattice on top within the required side and rear setbacks in the R-1, R-2, R-3, R-BA and NCRO-2 districts, but not within the front setback required per the district's development regulations.

3. Metal rail-and-picket fences and black or dark green vinyl-coated chain-link fences not exceeding eight (8) feet in height may be constructed in the C-1, TC-1 and M-1 districts.

4. Temporary chain-link demolition/construction barricades not exceeding eight (8) feet in height are permitted in all districts, subject to removal prior to final inspection.

5. In the R-MHP district, fence heights may be constructed up to eight (8) feet along the mobile home park perimeter, except that fence heights may be constructed up to ten (10) feet along the mobile home park perimeter abutting a public right-of-way.

6. All other exceptions to the general regulations set forth in subsection 17.32.050(A) shall require approval by the planning commission. Application for such exception shall be filed with the community development director and shall be accompanied by payment of a processing fee in such amount as established from time to time by resolution of the city council. The planning commission may grant the exception upon making all of the following findings:
a. The exception is necessary by reason of unusual or special circumstances or conditions relating to the property in order to gain full use and enjoyment of the property. b. The proposed fence, hedge or wall will not create a safety hazard for pedestrians or vehicular traffic. c. The appearance of the fence, hedge or wall is compatible with the design, appearance and scale of the existing buildings and structures in the neighboring area.

17.32.055 - Exceptions—Lot area, lot dimensions and lot lines.

A. Limitations on Substandard Lots.

1. No substandard lot shall be independently developed if it is less than five thousand (5,000) square feet in area and if it was owned in common with contiguous property in the same district on October 27, 1969. 61 218
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A substandard lot at least five thousand (5,000) square feet in area may be developed as a standard site under the applicable district regulations.

2. In any R district, single-family dwellings only may be erected on any substandard lot less than five thousand (5,000) square feet in area, if the lot was not owned in common with contiguous property in the same district on October 27, 1969.

3. As an exception to subsection (A)(1), a property in the R-1 Residential district consisting of four (4) contiguous lots of record totaling at least nine thousand six hundred fifty (9,650) square feet that were owned in common on October 27, 1969, may be developed as two (2) sites, each consisting of one pair of contiguous lots.

4. Any substandard lot created through a parcel map, resubdivision or lot line adjustment approved by the city after October 27, 1969, shall be recognized as a standard site.

5. Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Municipal Code Chapter 16.12.

B. Modification in Conjunction with Application for Tentative Map. The planning commission may approve an application for a modification to the lot dimension regulations set forth in Title 17, Zoning, for real property located in any subdivision proposed in compliance with Title 16, Subdivisions, subject to the following findings:

2. Each lot or parcel subject to the modification will be capable of being developed in accordance with the other applicable provisions of the zoning ordinance; and

3. The modification conforms with the spirit and purpose of this title.

C. Lot Line Adjustment. In compliance with the procedures set forth in Chapter 16.32 of Title 16, Subdivisions, the planning director may approve a lot line adjustment that will not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of the Zoning Ordinance, even though the resulting parcels may not fully comply with the development regulations of the applicable zoning district.

D. Elimination of Interior Lot Lines. A property owner may eliminate an interior lot line between record lots in common ownership through recordation of a declaration of merger signed by the property owner and acknowledged by the community development director.

17.32.060 - Exceptions—Height limit.

A. Chimneys which do not exceed three (3) feet in width or depth may exceed the height limit by no more than five (5) feet except as required to comply with the California Building Code.

B. Where cupolas, flag poles, monuments, radio and other towers, water tanks, church steeples, mechanical appurtenances and similar structures are permitted in a district, height limits therefore may be exceeded upon the securing of a use permit. Wireless telecommunications facilities shall be subject to the height exception procedures set forth in Section 17.32.035. 62 219
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C. Rooftop solar energy systems may exceed the maximum building height limit of the applicable zoning district in accordance with the following procedures:

1. Rooftop solar energy systems, including those for water heating as well as photovoltaic purposes, that do not extend more than twenty-four (24) inches above the roofline of the structure on which they are mounted, measured from the exterior roofing material to the highest point of the panel, are exempt from maximum building height limits in all zoning districts.

2. Rooftop solar energy systems that extend more than twenty-four (24) inches above the roofline of the structure on which they are mounted, measured from the exterior roofing material to the highest point of the panel, may exceed the height limit through approval of an administrative permit by the zoning administrator. If the zoning administrator determines that the granting of the permit would not result in a specific adverse impact upon the public health and safety, the zoning administrator shall give written notice of the intended approval to property owners and occupants on both sides of, to the rear of and directly across the street from the site on which the system is proposed to be located. The notice shall generally describe the nature, design and location of the proposed system and advise the recipients that they may submit written comments on the intended decision by a certain date, which shall be not less than twenty-one (21) days from the date of mailing the notice. The notice shall also advise the recipients that they have the right to appeal a decision of the zoning administrator to the planning commission. The zoning administrator shall send a copy of the final decision on the application to each person who has submitted written comments within the time prescribed in the notice.

D. Exceptions to the height limit to accommodate accessibility improvements (such as elevators and wheelchair van garage spaces) may be allowed upon the granting of an accessibility improvement permit by the zoning administrator, following the conduct of a hearing with ten (10) days' notice thereof being given to property owners and occupants on both sides of, to the rear of and directly across the street from the site. The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:

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.

17.32.070 - Exceptions—Setback requirements.

A. Notwithstanding any other provision of this title, certain structures or portions thereof may extend into a front, rear or side setback area to the extent permitted by the following chart:

1. Projections from a Building.
a. Overhanging Architectural Features (Such as Eaves, Cornices Canopies, Rain Gutters and Downspouts).

Front setback area:, May extend 3 feet from the building into the front setback area, but no closer than 5 feet from the front lot line.
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Rear setback area:, May extend 3 feet from the building into the rear setback area, but no closer than 7 feet from the rear lot line.

Side setback area:, May extend 3 feet from the building into the side setback area, but no closer than 2½ feet from the side lot line. Rain gutters and downspouts may extend no closer than 2 feet from the side lot line. In the R-1 district, a noncombustible awning over the main entrance to a residence located at the side of the structure may extend 4 feet from the building into any portion of the side setback area, but shall not extend over or drain onto the abutting property.
b. Cantilevered Windows No Greater Than Ten (10) Feet in Length That Do Not Include Any Floor Area (Such as Bay, Box, Bow, and Greenhouse Windows).

Front setback area:, May extend 3 feet from the building into the front setback area, but no closer than 5 feet from the front lot line.

Rear setback area:, May extend 3 feet from the building into the rear setback area, but no closer than 7 feet from the rear lot line.

Side setback area:, May extend 2 feet into the side setback area, but no closer than 3 feet from the side lot line.
c. Supported Decks, Cantilevered Decks and Balconies.

Front setback area: May extend 5 feet from the building into the front setback area, but no closer than 5 feet from the front lot line. Decks may be located atop a garage or carport approved under Section

17.32.070.A.3.a. and may extend to the front of the garage, but the railings of such deck may not exceed fifteen 15 feet in height above the elevation of the center of the adjacent street or 4 feet from the surface of the deck, whichever is less, while at the same time maintaining the minimum railing height required by the building code.

Rear setback area:, May extend 5 feet from the building into the rear setback area, but no closer than 5 feet from the rear lot line. This exception shall not apply to the NCRO district.

Side setback area:, No exception permitted.

Modifications. The planning commission may approve a modification to the foregoing exceptions if there are not more than two (2) units on the site and the planning commission is able to make all of the following findings:
i. The modification is necessary in order to gain access to the property or to the dwelling unit on the property.

Ii. The modification is necessary because of unusual or special circumstances relating to the configuration of the property.

Iii. The visual impacts of the modification have been minimized. d. Deck Railings within Setback Areas.

Front setback area:, May not be higher than 4 feet from the surface of the deck. 64 221
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Rear setback area:, May not be higher than 4 feet from the surface of the deck.

Side setback area:, No exception permitted.
e. Stairs, Ramps and Landings (That Are Open and Uncovered and Serve Buildings with No More Than Two Units).

Front setback area:, No more than 1 set of stairs per dwelling unit may extend from the building into the front setback area. Each set of stairs must lead to the front entrance of the unit. The height of the stairway within the front setback area shall not exceed 20 feet. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within the front setback area.

Rear setback area:, No more than 1 set of stairs per dwelling unit may extend from the building into the rear setback area, but no closer than 5 feet from the rear lot line. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within the rear setback area.

Side setback area:, No more than 1 set of stairs per dwelling unit may extend from the building into the side setback area, but no closer than 3 feet from the side lot line. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within the side setback area.

Modifications. The planning commission may approve a modification to the foregoing exceptions for stairs, ramps and landings if there are not more than two units on the site and the planning commission is able to make all of the following findings:
i. The modification is necessary in order to gain access to the property or to the dwelling unit on the property.

Ii. The modification is necessary because of unusual or special circumstances relating to the configuration of the property.

Iii. The visual impacts of the modification have been minimized.

The planning commission may also approve a modification to the foregoing exceptions as part of a design permit being granted for three (3) or more units on the site, if the commission is able to make all of the findings listed above.
f. Accessibility Improvements (Such as Ramps, Elevators, and Lifts).

All Setback Areas. Accessibility improvements, such as ramps, elevators and lifts, may be allowed within any front, rear or side area setback upon the granting of an accessibility improvement permit by the zoning administrator, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties. The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:
i. The exception is necessary to meet special needs for accessibility of a person having a physical handicap which impairs his or her ability to access the property and cannot be addressed through the standard exceptions to the setback area requirements under this Section 17.32.070.

Ii. Visual impacts of the accessibility improvements located within a setback area have been minimized.

Iii. The accessibility improvements will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise or glare.
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Iv. The accessibility improvements will be constructed in a sound and workmanlike manner, in compliance with all applicable provisions of the building and fire codes.

2. Small Free-Standing Structures.
a. Small Accessory Buildings and Roofed Structures (Such as Gazebos, Greenhouses, Garden and Utility Sheds).

Front setback area:, No exception permitted.

Rear setback area:, May be placed at any location within the rear setback area which is not less than 5 feet from the rear lot line or 3 feet from the interior side lot line, provided the building or structure, or portion thereof, within the rear setback area does not exceed 8 feet in height and does not have a floor area in excess of 120 square feet.

Side setback area:, May be placed at any location within the interior side setback area which is not less than 3 feet from the interior side lot line, provided the building or structure, or portion thereof, within the interior side setback area does not exceed 8 feet in height and does not have a floor area in excess of 120 square feet. No exception is permitted for an exterior side setback area.

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for small accessory buildings and roofed structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:
i. The modification will not result in overbuilding the site or result in the removal of significant greenscape.

Ii. The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.

Iii. The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

A building permit shall be required to construct or install any accessory structure for which a modification has been granted under this subsection.
b. Unroofed and Openwork Roofed Garden Structures (Such as Arbors, Porticos, Trellises and Lath Houses).

Front setback area:, May not exceed 8 feet in height or cover more than 15% of the front setback area.

Rear setback area:, May be placed at any location within the rear setback area which is not less than 5 feet from the rear lot line, provided the structure, or portion thereof, within the rear setback area does not exceed 8 feet in height and does not cover more than 15% of the rear setback area.

Side setback area:, May be placed at any location within the side setback area which is not less than 3 feet from the side lot line, provided the structure, or portion thereof, within the side setback area does not exceed 8 feet in height and does not cover more than 15% of the side setback area.

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for unroofed and openwork roofed garden structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:
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i. The modification will not result in overbuilding the site or result in the removal of significant greenscape.

Ii. The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.

Iii. The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

3. Miscellaneous Improvements.
a. Garages and Carports and Parking Decks on Slopes of Fifteen Percent (15%) or Greater.

Front setback area:, Garages, carports and parking decks not more than 15 feet in height above the elevation of the center of the adjacent street in the R-1, R-2 and R-3 Districts and parking decks in the RBA District may be placed at any location within the front setback area provided: (i) there is no encroachment into any side setback area, and (ii) the garage is approved by the city engineer, based upon a finding that no traffic or safety hazard will be created.

Rear setback area:, On through lots, garages, carports and parking decks not more than 15 feet in height above the elevation of the center of the adjacent street may be placed at any location within the rear setback area provided: (i) there is no encroachment into any side setback area, and (ii) the garage is approved by the city engineer, based upon a finding that no traffic or safety hazard will be created.

Side setback area:, No exception permitted.
b. Decorative Artwork, Ponds, Fountains and Similar Water Features, Not More Than Six (6) Feet in Height.

Front setback area:, May be placed at any location within the front setback area.

Rear setback area:, May be placed at any location within the rear setback area.

Side setback area:, No exception permitted.
c. Existing Permitted Garages or Accessory Buildings Converted into Accessory Dwelling Units.

Front setback area:, May be placed at any location within the front setback area.

Rear setback area:, May be placed at any location within the rear setback area.

Side setback area:, May be placed at any location within the side setback area.

4. Accessory Dwelling Units.
a. Exceptions to the setback requirements for accessory dwelling units shall be as established in Chapter

17.43. B. The exceptions set forth in subsection A. of this Section 17.32.070 shall not be construed to include chimney boxes, swimming pools and spas, exposed plumbing, or mechanical equipment such as heating and air conditioning units or pool pumps, and no exceptions to the setback requirements shall be permitted for any of these structures.
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C. Any structure, architectural feature, wall, or other improvement lawfully constructed within a setback area and constituting a nonconforming structure as defined in Section 17.02.560, may be allowed to continue in accordance with Chapter 17.38 of this title.

17.32.080 - Requests for reasonable accommodations.

Modifications or exceptions to the regulations set forth in Title 17 may be requested as reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities, if the accommodation would not impose an undue financial or administrative burden upon the city and would not require a fundamental alteration in the nature of the applicable regulation. Such requests may be granted by the zoning administrator through application for an accessibility improvement permit, following the conduct of a hearing with ten (10) days' notice thereof being given to property owners and occupants on both sides of, to the rear of and directly across the street from the site. The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:

A. The accommodation is necessary to meet special needs for a person having a disability and cannot be addressed through the exceptions under Sections 17.32.060 and 17.32.070.

B. Any visual impacts of the accommodation will be minimized.

C. The accommodation will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise or glare.

D. Any construction resulting from the accommodation will be done in a sound and workmanlike manner, in compliance with all applicable provisions of the building and fire codes. ******
SECTION 13: Section 17.42.070 - Amendment of design permit—Minor modifications is amended to read as follows:

17.42.070 - Amendment of design permit—Minor mModifications.

A. Amendments or modifications to a design permit shall require approval by the planning commission, except that the zoning administrator as set forth in Section 17.56.090 of this title, or by the planning commission if referred by the zoning administrator. shall have authority to approve the following matters:

1. Any items which, under the terms of the design permit, have been delegated to the zoning administrator for approval, either as a condition for issuance of the permit or at any time thereafter;

2. Minor changes during the course of construction which do not materially affect the use, nature, appearance, quality or character of the project.

B. The application requirements, public hearing procedures and findings required for amendments or modifications to a design permit shall be as prescribed in Sections 17.42.020, 17.42.030 and 17.42.040 of this chapter.
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SECTION 14: Chapter 17.46 - Variances is amended to read as follows:

Chapter 17.46 - VARIANCES

17.46.010 - Application—Required circumstances.

Applications for variances from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

17.46.020 - Application—Form—Contents.

Application for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the planning director zoning administrator. The application shall be accompanied by a fee, set by the city council, a plan of the details of the variance requested and evidence showing:

17.46.030 - Application—Hearing date—Notice.

The planning commission shall conduct a public hearing on the application for a variance. Notice of such hearing shall be given as set forth in Chapter 17.54.

17.46.040 - Granting.

A. After the conclusion of the public hearing or continuations thereof, the planning commission or zoning administrator may grant or deny a variance from the strict application of the regulations established by this chapter. The commission may impose any reasonable conditions deemed necessary to achieve the purpose of this title.

B. A variance shall be effective the seventh (7th) day after planning commission or zoning administrator approval unless the action is appealed to the city council, or in the case of the zoning administrator, to the planning commission, in which case the variance shall not be effective until final action upon the appeal. 69 226
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17.46.050 - Nonconforming uses not allowed.

17.47 - EXCEPTIONS TO DISTRICT DEVELOPMENT REGULATIONS

17.47.020 - Applicability
Unless indicated otherwise in this title, the exceptions provided in this chapter shall apply to all districts.

17.47.030 - Exceptions to Lot area, lot dimensions and lot lines.

Lots sizes and dimensions shall conform to the district development regulations, except as provided herein.

A. Substandard Lots.

4. Any substandard lot created through a parcel map, resubdivision or lot line adjustment approved by the city after October 27, 1969, shall be recognized as a standard lot.

5. Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Municipal Code Chapter 16.12.

C. B. Modification in Conjunction with Application for Tentative Map. The planning commission may approve an application for a modification to the lot dimension regulations set forth in Title 17, Zoning, for real property located in any subdivision proposed in compliance with Title 16, Subdivisions, subject to the following findings:

2. Each lot or parcel subject to the modification will be capable of being developed in accordance with the other applicable provisions of the zoning ordinance; and

3. The modification conforms with the spirit and purpose of this title.

D. C. Lot Line Adjustment. In compliance with the procedures set forth in Chapter 16.32 of Title 16, Subdivisions, the planning director may approve a lot line adjustment that will not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of the Zoning Ordinance, even though the resulting parcels may not fully comply with the development regulations of the applicable zoning district. Where each lot is a substandard lot as defined in Section

17.02.490.H, a lot line adjustment may be utilized to effectuate an urban lot split, subject to the provisions of the two-unit development residential overlay district, as set forth in Chapter 17.05.

E. D. Elimination of Interior Lot Lines. A property owner may eliminate an interior lot line between record lots in common ownership through recordation of a declaration of merger signed by the property owner and acknowledged by the planning director, as prescribed by Chapter 16.12 of Title 16, Subdivisions.

17.47.040 - Height Limit Exceptions
Heights of structures shall conform to the district development regulations, except as provided herein.

A. Height Exception Limits.

The following height limit exceptions in Table 17.47.040.A apply to all zoning districts:

Table 17.47.040.A
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Type Applicability Height Exception Eligible for Modification? Chimney Chimney not exceeding 3 feet in
width or depth.

Feature may be less than
or equal to 5 feet over
the district height limit, or
as required to comply
with the California
Building Code.

No. Modification to the
height exception
provided may only be by
variance, per Chapter

17.46, subject to the
findings therein.

Miscellaneous
structures
Cupolas, flag poles, monuments,
water tanks, mechanical
appurtenances and similar
structures. Church steeples, radio
and other towers
Subject to use permit
approval by the Planning
Commission.

No. Modification to the
height exception
provided may only be by
use permit, per Chapter

17.40 of this title, subject
to the findings therein.

Rooftop solar Rooftop solar energy systems,
including those for water heating
as well as photovoltaic purposes.

Yes (see Section

The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:

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. 72 229
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17.47.050 - Setback Exceptions
Setbacks from lot lines to buildings and structures shall conform to the district development regulations, except as provided herein.

Table 17.47.050.A
Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Residential
Garages, Carports
and Parking Decks
in the R-1, R-2, R-3
and R-BA districts
• If located within the setback area,
a garage, carport, or parking deck
may not exceed 15 feet in height
above the centerline of the
adjacent street.
• Notwithstanding the allowable
exceptions, placement is subject to
approval by the city engineer,
based upon a finding that no traffic
or safety hazard will be created.
• A garage or carport in compliance
with this subsection may exceed
the district height limit, but the
height of any permitted living
space underneath shall not exceed
the district height limit.
0 Interior
rear: NA
Exterior
rear
(through
lots): 0
Interior
side: NA
Exterior
side (i.e.
corner
street or
alley lots):
0 Overhanging
Architectural
Features
Includes such features as eaves and cornices
that extend from the wall of a building and
into the setback area.
5 7 2.5
Gutters and downspouts 5 7 2
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Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Cantilevered
Windows
• Includes window(s) extending from
the wall of a building into the
setback area such as bay windows,
box windows, etc.
• To qualify for the exception, the
window may not include floor area.

If the window includes a built-in
bench seat or shelf, 16 inches or
higher from the floor, without
steps, the area will not be counted
as floor area regardless of the clear
height above the bench or step
(see also Floor Area defined,
Section 17.02.315).
5 7 3
Decks and
Balconies
Either free-standing or attached to a
building.
5 5 NA
Roof Decks and
associated
guardrails over a
garage that is
subject to a
setback exception
• Roof decks over garages that are
subject to the garage setback
exception may not be covered by a
roofed or unroofed structure (I.e.
pergola over a roof deck), except
that the portion of a deck covered
by an eave from an adjacent
building segment may cover the
portion of the deck not to exceed
3 feet from the edge of the
building wall
0 Interior
rear: NA
Exterior
rear (i.e.
through
lots): 0
NA
Stairs, Ramps and
Landings to a
building entrance
• Applies only to unenclosed stairs,
ramps or landings.
• May not drain onto the neighbor’s
property.
• Materials within a setback must be
non-combustible, to the
satisfaction of the building official.
0 5 0
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Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Awning over a
building entrance
or landing
• Allowed as a type of projection
from a building.
• May not drain to the neighbor’s
property.
• In all zoning districts except the R-1
District, to be eligible for a side
setback exception, the awning may
project no more than 3 feet from
the building into the side setback
area.
• In the R-1 District, to be eligible for
a side setback exception the
awning may extend 4 feet from the
building into the side setback area
but shall not extend over the
abutting property.
5 5 All districts
except R-1:

2.5 R-1 district
only: 0
Roofed Accessory
Structures (such as
detached home
offices and art
studios, sheds and
gazebos)
• The portion of the structure
encroaching within the setback
area may not exceed 8 10 feet in
height measured from lowest
grade immediately adjacent to the
structure’s exterior walls or the
alignment of the supporting posts.
• The square footage of the portion
of the structure encroaching within
the setback area may not exceed
120 square feet.
• These exceptions do not apply to
accessory dwelling units. ADU
development regulations are
contained in Chapter 17.43.

NA 5 Interior
side: 3
Exterior
side: NA
Unroofed
Accessory
Structures (such as
arbors, trellises,
pergolas and
gateways)
The structure’s portion within the setback
area may not exceed 8 10 feet in height and
may not cover more than 15 percent of the
front setback area
0 5 3
Ponds, Fountains
and Similar
Decorative Water
Features
Feature must not exceed 6 feet in height.
(2) 0 0 NA 0
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Type Applicability Required Front
Setback (ft)
Required
Rear
Setback
(ft)
Required
Side
Setback
(ft)
Decorative Artwork Feature must not exceed 6 feet in height.

The artwork shall not block access to a
building entrance or otherwise create a
safety hazard.
0 0 NA 0
Flag pole & flag • Not more than 1 pole per lot
• Height of pole less than or equal to
20 feet
• Individual flag size than or equal to
3 by 5 ft, with up to two on a pole
• Flag may not extend over the
property line when fully extended.
• May not include advertising.
• Unlighted only.
• Flags shall be maintained in good
repair.
5 5 NA
Accessory Dwelling
Units
See Chapter 17.43.

Fences, hedges and
walls
See Section 17.47.050.B
Notes:

1. NA: Not applicable. In such cases, the standard setback provided in the zoning district’s development regulations shall prevail.

4. In a case of conflict between the setback exceptions listed here and other laws, regulations or conditions of approval, the most stringent requirements shall prevail.

5. Fire Code may prohibit certain materials from use within setback areas.

6. Non-combustible flatwork, such as concrete pavers and stone on grade, are not subject to setbacks and may be placed anywhere within a setback area.

7. Setback exceptions may be superseded by objective design standards established in this title, including but not limited to the POAZ Parkside Overlay District and Housing Development Permits.

8. See the definition of setback in Section 17.02.715 - Setback – Setback Area.

B. Fences, hedges and walls within setbacks. Fences, hedges and walls may be erected within setback areas as provided herein.

1. Fences.
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a. Height and Fence Type Allowances. Where a fence, as defined in Section 17.02.300, is to be constructed in a setback area, the following regulations shall apply, except where otherwise indicated in Section

17.47.050.B.1.b. See also the definition of height for fences and walls in Section 17.02.400.C.

R-2 6 7 or 8*
R-3 6 7 or 8*
R-BA 6 7 or 8*
R-MHP 8*** 8*** ***Fence heights may be up to ten (10) feet along the mobile home park perimeter abutting a public
right-of-way.

C-1 8 8
M-1 8 8
SCRO-1 8 8
TC-2 8 8
HC 8 8
C/P-U 8 8
PAOZ-1 As provided in Section 17.27.040.G.2.

PAOZ-2 As provided in Section 17.27.050.G.2.

NCRO-1 By setback exception permit for fences on developed sites, per Section 17.47.060.

17.56.090 for modification of a design permit. See also the district development standards for fence provisions.

NCRO-2
PD
SP-CRO
TC-1
All Districts Temporary chain-link demolition/construction barricades not exceeding eight (8) feet in height are permitted in all districts, subject to removal prior to final inspection. b. Overriding Factors and Other Requirements
i. In any district, where the director of public works determines that traffic visibility would be affected, due to the location of the fence being near or adjacent to the public right-of-way, the fence height 77 234
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may be required to be reduced, to the satisfaction of the director. shall be reduced to not less than three (3) feet
ii. Where a fence is proposed to be constructed, or has been constructed, adjacent to city property, a boundary survey or other evidence of the location of the fence shall be submitted to the director of public works upon request if the director determines that a question exists as to whether the fence encroaches on public property.
iii. In all districts, the following materials are prohibited: razor wire, barbed wire and similar materials with sharp edges or points.
iv. Chain-link fences may not be constructed in or adjacent to residential districts and are required to be black or green vinyl coated, except as approved by the planning director where the fence is not readily within public view or is otherwise screened from view by landscaping. v. For fences within the San Bruno Mountain Area Habitat Conservation Plan (HCP), within the R-BA, SCRO-1 and certain PD districts, the height, location and/or design of fences may be subject to restrictions for protection or passage of butterflies, consistent with the site’s HCP operating program or other required permitting consistent with HCP requirements. As a condition of approval for properties subject to the San Bruno Mountain Area Habitat Conservation Plan, the planning commission shall restrict the height, location and/or design of fencing to maintain sufficient openness to allow passage of butterflies while remaining consistent with building code requirements.
vi. When construction of a fence would impair the visibility of address numbers on a house, such numbers shall be relocated with approval of the fire prevention officer, or the fence may be required to be lowered.
vii. Gated driveways are subject to approval by the planning director, based on a determination that the gate will not create a safety hazard.
viii. A building permit may be required for construction of a fence, depending on such factors as height or location relative to a retaining wall, and is subject to building official determination.

17.02.400.C.

Table 17.47.050.B.2 Retaining Walls in Setback Areas
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All Zoning
Districts
Permitted Height
in All Setback Areas
Special Provisions
6 feet or less of
exposed wall
surface
None
More than 6 feet Greater than 6 feet of exposed wall surface, where one or more of the following conditions are met, to the satisfaction of the planning director:
(i) Walls shall be architecturally integrated with proposed or existing structures on the site;
(ii) Wall faces shall be decorative and treated with color, texture, architectural features, trelliswork or other means to visually break up the wall expanses;
(iii) Walls shall be screened with water conserving, non-invasive landscaping that at maturity will soften and reduce the visible expanse of walls;
(iv) Other means that ensure that the walls are designed to be as visually unobtrusive as possible
(Note: Taken from BMC Section 15.01.110.B.2)
a. The surface of the retaining wall is treated with coloring, texture, architectural features, trelliswork, or other means that will visually divide the height of the retaining wall into horizontal sections of no more than six (6) feet.
b. Water-conserving, non-invasive landscaping of sufficient size at maturity will be planted and maintained to provide screening so that no more than six (6) feet of the height of the retaining wall would remain visible.
c. The retaining wall is located on a cut slope so that it is not readily visible from off the site.
b. Overriding Factors and Other Requirements.
i. Where construction of a retaining wall would result in grading, the provisions of Chapter 15.01 shall apply. If planning commission review of a grading permit is required, per Section 15.01.110, the retaining wall design will be considered as part of the planning commission’s grading review. ii. A building permit is generally required for construction of a retaining wall, subject to building official determination.

3. Hedges
a. Height Limit: Where a hedge, as defined in Section 17.02.390, is to be established within a setback area, the height limit shall be as shown in Table 17.47.050.B.3:
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B. Findings. The zoning administrator may approve an exception if the zoning administrator makes the following findings, as applicable.

3. Fence, hedge or wall Exception Modifications may be approved if the zoning administrator makes the findings that:
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a. The proposed fence, hedge or wall will not create a safety hazard for pedestrians or vehicular traffic.
b. The appearance of the fence, hedge or wall is compatible with the design, appearance and scale of the existing buildings and structures in the neighboring area.

C. Notice procedure and action by the zoning administrator. The procedure for action by the zoning administrator shall be as provided in Chapter 17.56.

17.47.070 - Requests for reasonable accommodations.

B. The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes.

Chapter 17.52 - APPEALS
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Sections:

17.52.005 - Appeal from planning director.

Any person may appeal to the planning commission any order, requirement, decision, determination or other action of the planning director with regard to any matter arising under this title, including any determination concerning the contents, subject matter or completeness of any application, any determination concerning which permit or other approval is required, and any determination pursuant to Sections or . Any such appeal shall be in writing and shall be filed with the planning department within fifteen (15) days after the action complained of. The appeal shall be accompanied by a fee, as set by the city council, and shall clearly state the reason for appeal. Upon receipt of such an appeal, the planning department, acting under the direction of the planning director, shall bring the appeal before the planning commission within thirty (30) days and shall notify the appellant and (if different) the applicant of the date and time of the planning commission meeting at which the appeal will be heard. No other notice need be given, except such additional notice as may be required by state or other law. The planning commission shall proceed to hear and determine the appeal at the same meeting or at such later meeting as it shall determine, and in connection therewith may continue the same from time to time.

17.52.007 - Appeal from zoning administrator.

B. Appeals from decisions of the zoning administrator relating to housing development permits as set forth in Chapter 17.45 of this title shall be made to the city council.

17.52.010 - Appeal from planning commission.

17.52.020 - Method and timing.

B. The appeal shall be filed according to the following schedule, unless specified otherwise in this title:
a. Appeal of Planning Director decision: close of business ten (10) fifteen (15) days after the decision b. Appeal of Zoning Administrator decision: close of business ten (10) days after the decision 82 239
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c. Appeal of planning commission decision: close of business fifteen (15) days after the decision If the appeal closing date would be on a weekend or City observed holiday, the appeal date shall be the close of business on the next business day.

17.54. 17.52.030 - Planning department report.

17.52.040 - CouncilAction on appeal.

Chapter 17.56 - ZONING ADMINISTRATOR ADMINISTRATION
Sections:

17.56.010 - Zoning administrator—Function created.

There is created the function of zoning administrator which shall be carried out by the planning director.

17.56.020 - Zoning administrator—Powers and duties.

17.56.030 - Zoning administrator—Action on applications.

A. Except as otherwise provided in this title, the zoning administrator shall decide the following, unless referred by the zoning administrator to the planning commission:

1. Administrative design review in the POAZ districts pursuant to Section 17.27.060.A;

2. Wireless telecommunication facilities pursuant to Section 17.32.032;

3. Height and setback exception modification permits pursuant to Section 17.47.060;

4. Certain sign permits pursuant to Section 17.36.060;

5. Amendments or modifications to a design permit pursuant to Section 17.42.070;

6. Housing development permits pursuant to Section 17.45.050;

7. Zoning conformance pursuant to Section 17.56.080;

8. Planning application modifications pursuant to Section 17.56.090.

9. Interim use permit extensions pursuant to Section 17.41.080.D

10. Variances, accessibility improvements, large family daycare homes B. In connection with the applications provided for in this section, the zoning administrator shall have all the duties and responsibilities set forth in this title for the planning commission.

17.56.080 - Zoning conformance.

17.56.090 - Planning Application Permit Modifications.
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A. Substantial Conformance. Modifications that are in substantial conformance with the original planning application can be approved as part of the building permit review process.

2. Public notification shall not be required for substantial conformance modifications.

2. Procedures for minor modifications are set forth in Section 17.56.110, or, where otherwise provided in this title, according to the original permitting procedures. 85 242
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C. Major Modification. Modifications that result in a significant change, or “substantial modification” as provided in Section 17.42.010.A or this title, require review and approval by the original decisionmaking body, whether zoning administrator or planning commission except if otherwise specified in this title or as specified through the approved planning application conditions of approval. If the original decision maker was the planning commission or city council, whether in the first instance or on appeal, then public noticing and a public hearing by the planning commission are required.

17.56.100 - Other Permits.

17.56.110 - Procedures.

A. Procedures for major modifications to approved planning permits shall follow the same permitting procedures as the original application, as provided elsewhere in this title.

B. The following procedures shall apply to minor modifications and other zoning administrator permits, unless provided otherwise in this title.

2. Notice procedure and action by the zoning administrator. 86 243
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a. Notice of recommended decision and action:
i. The zoning administrator shall provide notice of the application and publish a staff report with a recommended decision to grant or deny the permit at least ten (10) days prior to a decision on the permit application. The notice shall be mailed to all owners of property adjacent to, and directly across the street from, the exterior boundaries of the subject property.
ii. If no written public comments are received objecting to the recommended decision by the date indicated on the notice, at least ten (10) days following the issuance of the notice, the zoning administrator shall act on the application consistent with the recommendation contained in the staff report and the decision shall be effective immediately.
b. Public hearing, when required:
i. If written public comments objecting to the recommended decision are received, that relate to the required findings, the zoning administrator shall hold a public hearing on the application. Notice of the hearing shall be given to all owners of property adjacent to, or directly across the street from the exterior boundaries of the subject property, and any party that has requested notice or provided written public comments on the application. The notice of public hearing shall be mailed not less than ten (10) or more than thirty (30) days before the date of the hearing.

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRISBANE

RECOMMENDING CITY COUNCIL APPROVAL
OF ZONING TEXT AMENDMENT 2024-RZ-2
AMENDING BRISBANE MUNICIPAL CODE TITLE 17 – OMNIBUS ZONING AMENDMENTS

WHEREAS, City Council adopted the revised 2023-2031 Housing Element (Housing Element) on May 18, 2023, which was subsequently certified by the California Department of Housing and Community Development; and
WHEREAS, the Housing Element provides certain goals, policies and programs aimed at facilitating development of new housing, maintaining existing housing, streamlining housing development permitting and providing for special needs populations, including Programs 2.A.12, 7.A.1 and 7.A.3; and
WHEREAS, Senate Bill 478 (“SB 478”), which was signed by the Governor on September 28, 2021, added Government Code Section 65913.11 (Government Code) to require that a local agency shall not impose floor area ratio standards of less than 1.0 for three to seven unit developments or less than

1.25 for eight to ten unit developments, in the zoning districts that allow for multifamily development; and
WHEREAS, the Government Code requires that a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in the Government Code from achieving the floor area ratio allowed; and WHEREAS, these changes to the Government Code became effective on January 1, 2022; and WHEREAS, SB 478 does not prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of the Government Code other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision; and
WHEREAS, the City seeks to update Title 17 consistent with the Government Code and the Housing Element goals, policies and programs and to clarify and simplify provisions contained in Title 17; and
WHEREAS, the draft ordinance attached as Exhibit A to this resolution proposes amendments to Title 17; and
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WHEREAS, on May 9, 2024, the Planning Commission conducted a hearing of the application, publicly noticed in compliance with Brisbane Municipal Code Chapters 1.12 and 17.54, at which time any person interested in the matter was given an opportunity to be heard; and WHEREAS, the Planning Commission reviewed and considered the staff memorandum relating to said application, and the written and oral evidence presented to the Planning Commission in support of and in opposition to the application; and WHEREAS, adoption of this ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3) because it involves code amendments that would not cause a significant effect on the environment and Section 15183 relating to the implementation of the Housing Element; and
NOW, THEREFORE, based upon the evidence presented, both written and oral, the Planning Commission of the City of Brisbane hereby RECOMMENDS that the City Council adopt the attached ordinance.

ADOPTED this ninth day of May, 2024, by the following vote:

AYES: Funke, Lau, Patel, and Sayasane
NOES: NA
ABSENT:Gooding
_____________________
PAMALA SAYASANE, Vice Chairperson
for ALEX LAU, Chairperson
ATTEST:
________________________________________
JOHN SWIECKI, Community Development Director
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DRAFT

BRISBANE PLANNING COMMISSION
Action Minutes of May 9, 2024
Hybrid Meeting

ROLL CALL

Present: Commissioners Funke, Lau, Patel, and Sayasane

Absent: Gooding
Staff Present: Director Swiecki, Senior Planner Johnson, Associate Planner Robbins

CALL TO ORDER
Chairperson Lau called the meeting to order at 7:30 p.m.

ADOPTION OF AGENDA
A motion by Commissioner Sayasane, seconded by Commissioner Funke to adopt the agenda.

Motion approved 4-0.

CONSENT CALENDAR
A motion by Commissioner Funke, seconded by Commissioner Sayasane to adopt the consent calendar. Motion approved 4-0.

ORAL COMMUNICATIONS
There were none.

WRITTEN COMMUNICATIONS
Chairperson Lau acknowledged written correspondence pertaining to New Business Items A and B

NEW BUSINESS
A. PUBLIC HEARING: Zoning Text and Map Amendment 2024-RZ-1, R-1 Residential District and the R-BA Brisbane Acres Residential District in entirety; recommendation to City Council on zoning text and map amendment 2024-RZ-1 amending regulations within Title 16 and 17 of the Brisbane Municipal Code to add the R-TUO residential two unit overlay district as new chapter 17.05 and related amendments; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183; City of Brisbane, applicant.

Senior Planner Johnson presented staff report to the Commission. 90 247
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DRAFT
Brisbane Planning Commission Minutes
May 9, 2024

Page 2 ends

Chairperson Lau opened the public hearing.

With no one wishing to address the Commission, a motion was made by Commissioner Patel and seconded by Commissioner Funke to close the public hearing. The motion was approved 4-0.

Chairperson Lau read the appeal procedure.

Senior Planner Johnson presented staff report to the Commission.

Chairperson Lau opened the public hearing.
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DRAFT
Brisbane Planning Commission Minutes
May 9, 2024

Page 3 ends

With no one wishing to address the Commission, a motion was made by Commissioner Patel and seconded by Commissioner Funke to close the public hearing. The motion was approved 4-0.

A motion was made by Commissioner Patel and seconded by Commissioner Sayasane to approve the application via adoption of Resolution 2024-RZ-2. The motion was approved 4-0.

Chairperson Lau read the appeal procedure.

ITEMS INITIATED BY STAFF
Director Swiecki noted the following:

1. County-wide planning commissioner training will be held at the end of May,

2. The City Council authorized staff to initiate the Bank of America planning process.

3. Jeremy Dennis was hired as the new City Manager.

ITEMS INITIATED BY THE COMMISSION
Commissioner Sayasane announced she registered for the commissioner training and invited the other members to join.

ADJOURNMENT
Chairperson Lau adjourned the meeting at approximately 8:44 p.m. to the next regular meeting of May 23, 2024.

PLANNING COMMISSION AGENDA REPORT
Meeting Date: 5/9/2024
From: Ken Johnson, Senior Planner
Subject: Zoning Text Amendments to Title 17 – Omnibus Zoning Amendments to modify the development standards for multifamily and residential mixed use zoning districts consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element for building heights, lot coverage and floor area ratios, and related amendments, including, but not limited to, organizational amendments and amendments to development regulation exceptions and Zoning Administrator procedures; and finding that this project is exempt from environment review under CEQA Guidelines Sections 15061(b)(3), Section 15183; City of Brisbane, applicant.

REQUEST: To amend the zoning text provisions in a number of Chapters in the Brisbane Municipal Code (BMC), as outlined in the Applicable Codes Section of this report. This includes updates to the residential and mixed use development standards consistent with California Senate Bill SB 478 (“housing opportunity act”) and as provided in the 2023-2031 Housing Element. It also includes reorganization of the development standards in the residential district zoning for clarity and updates to the procedures for planning permit approvals and appeals.

RECOMMENDATION: Via Resolution 2024-RZ-2, recommend that City Council adopt Zoning Text Amendment 2024-RZ-2, as provided in Exhibit A of Attachment A.

ENVIRONMENTAL DETERMINATION: The adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(3), Section 15183 relating to the implementation of the Housing Element. The exception requiring further review as might be necessary to examine a project specific significant effects does not apply.

APPLICABLE CODE SECTIONS: Procedures for zoning amendments are provided in BMC Chapter

17.50. The following BMC chapters or sections contained within Title 17 – Zoning are applicable to this amendment, with the proposed action indicated for each:
• Section 17.02.065 - Outside Wall definition – delete and include in Wall definition. • Section 17.02.785 - Wall definition – new, but amended from Outside Wall definition. • Section 17.06.040 - R-1 Development Regulations - amended. • Section 17.08.040 - R-2 Development Regulations - amended. • Section 17.10.040 - R-3 Development Regulations - amended. 93 250
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2024-RZ-2
May 9, 2024 Meeting
• Section 17.12.040 - R-BA Development Regulations - amended. • Section 17.12.045 - Ridgeline Development – new section, relocated from Section

17.12.040.
• Section 17.14.060 - NCRO-2 Development Regulations - amended. • Section 17.16.040 - SCRO-1 Development Regulations - amended. • Section 17.27.040 - POAZ-1 Development Regulations - amended. • Section 17.27.050 - POAZ-2 Development Regulations - amended. • Sections 17.032.050 to 17.32.080 - various exceptions to district development regulations – relocated to new Chapter 17.47 and amended.
• Section 17.42.070 - Amendment of Design Permits – Minor Modifications - amended. • Chapter 17.46 - Variances – amended.
• Chapter 17.47 - Exceptions to District Development Regulations – new chapter from relocated sections 17.32.050 to 17.32.080.
• Chapter 17.52 - Appeals – amended.
• Chapter 17.56 - Administration – retitled to Zoning Administrator and amended.

Note that the provisions of this ordinance would not supersede the provisions of the ordinance proposed for adoption via application number 2024-RZ-1, which would establish an R-TUO Residential Two Unit Overlay district, provided separately.

BACKGROUND: California Senate Bill SB 478 (2021) was codified as Government Code Section 65913.11. This law became effective on January 1, 2022 and requires that a local agency allow minimum floor area ratios (FARs) of at least 1.0 for 3 to 7 unit developments and 1.25 for 8 to 10 unit developments. A local agency may not impose a lot coverage requirement that would physically preclude a housing development project that would meet the FAR requirements for 3 to 10 units. Also, a local agency may not deny a housing development project in the range of 3 to 10 units on an existing lot solely on the basis that it doesn’t meet the minimum lot size. For Brisbane, this is applicable to the R-2 and R-3 residential Districts and the NCRO-1 and SCRO-1 mixed use districts. The R-2 and R-3 districts currently have FAR limits of 0.72 and the NCRO-2 and SCRO-1 do not have FAR maximums.

On May 18, 2023, City Council adopted the revised 2023-2031 Housing Element (Housing Element) and it was subsequently certified by the California Department of Housing and Community Development (HCD). It includes a program for Brisbane to update its zoning ordinance to increase the height in the multifamily districts to 36 feet to more reasonably allow for 3 story developments. Additionally, other goals, policies and programs are provided to encourage development of housing, prevent displacement, provide for accessibility and to remove unreasonable government constraints to the provision of housing, as follows:

Goal 2: Facilitate and support the production of housing at all income levels, but especially affordable housing.
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May 9, 2024 Meeting

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.
• Program 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.

Goal 7:Avoid unreasonable government constraints to the provision of housing.

Policy 7.A: Improve the development review and approval process. • Program 7.A.1: Continue to evaluate and implement changes to the zoning ordinance and permitting process to simplify and streamline approval of projects that meet the City’s housing goals.
• Program 7.A.3: Continue to allow ministerial approval by the Community Development Director, subject to a minimal fee, of exceptions to the Zoning Ordinance for reasonable accommodation for housing for persons with disabilities per Government Code Section 65583(c)(3).

Following adoption of the Housing Element, the Planning Commission held workshops on June 8, 2023 and February 22, 2024, during their regularly scheduled public meetings, to discuss the provisions of a draft ordinance addressing SB 478 along with proposed amendments to address these other items. The links to the workshop reports and minutes are provided with the links in the Attachments section of this report.

During the workshops, the Planning Commission indicated a desire to provide for equity in terms of height across the various residential districts as well as consistent floor area ratio standards for 3 unit developments and larger.

Also, since this ordinance touches on the development standards for all of the residential and mixed use districts, with the exception of the POAZ-1 and POAZ-2 districts which are addressed through the Parkside Precise Plan, as well as the related exceptions to development standards, a comprehensive zoning amendment has been proposed.

DISCUSSION: The ordinance updates the residential zoning regulations as provided in the Housing Element programs, provides for reorganization of certain sections, and updates and clarifies procedural requirements for planning permits. The draft ordinance is provided as Exhibit A of Attachment A and a redlined version is provided as Attachment B. The redlined version 95 252
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2024-RZ-2
May 9, 2024 Meeting
shows only proposed substantive amendments and does not show redlines for edits that were made for reorganizational purposes.

The key amendments provided in the draft ordinance are as follows:

Sections 17.02.065 and 17.02.785 Definitions: The definitions provided in Chapter 17.02 apply to any district within the City. The definition in Section 17.02.785 - Outside Wall is updated to provide the definition under the broader definition of Wall and to further clarify the types of outside walls, such as “interior to a lot” or “exterior”. This definition is only for clarity, without substantive changes, and is tied to building articulation provisions later in the ordinance.

Section 17.06.040 - Development Regulations (R-1 Residential District): This section of the R-1 Residential zoning district regulations has been reformatted to a table for clarity. The only substantive amendment would be to increase the height for dwellings and structures that are not within the standard setback areas to 36 feet, from the current height limit of either 28 feet for lots with less than a 20 percent slope, or 30 feet for lots with a slope of 20 percent or greater.

This is consistent with the requirements established under the Housing Element.

Section 17.08.040 - Development Regulations (R-2 Residential District): This section of the R-2 Residential zoning district regulations has been reformatted to a table for clarity. The substantive amendments would be to increase the height for dwellings and structures that are not within the standard setback areas to 36 feet and for multifamily developments of three units or more, the floor area ratio (FAR) would be amended to 1.25 from 0.72, consistent with SB 478. The lot coverage limit would remain at 50 percent, except that over 50 percent may be approved by the planning director, if required to meet the 1.25 FAR. Also, per SB 478 there would be no requirement for the lot area for a lot of record, for multifamily developments of 3 units or more.

Section 17.10.040 - Development Regulations (R-3 Residential District): This section of the R-3 Residential zoning district regulations has been reformatted to a table for clarity. The substantive amendments are similar to the R-2 district. The height limit for dwellings and structures that are not within the standard setback areas would be increased to 36 feet and for multifamily developments of three units or more, the floor area ratio (FAR) would be amended to 1.25 from

0.72, consistent with SB 478. The lot coverage limit would remain at 60 percent, except that lot coverage exceeding 60 percent may be approved by the planning director, if required to meet the 1.25 FAR for developments of 3 or more units on a lot. Also, per SB 478 there would be no requirement for the lot area for a lot of record, for multifamily developments of 3 units or more.

Section 17.12.040 - Development Regulations (R-BA Brisbane Acres Residential District): This section of the R-BA zoning district regulations has been reformatted to a table for clarity. Similar to the R-1 district, the amendment would increase the height for dwellings and structures that are not within the standard setback areas to 36 feet, from the current height limit of 35 feet. The subsection pertaining to ridgeline development would be relocated to a stand-alone section, but 96 253
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no substantive amendments are proposed for this section. This would be similar to the organizational structure for clustered development in the R-BA, since there is a planning permit process for both types of developments.

Section 17.14.060 - Development regulations for the NCRO-2 district: The substantive amendment for this section would be the change in height, from the current maximum of 35 feet, when authorized by a design permit, to 36 feet consistent with the Housing Element program. Note that any principal structure in this district requires design permit review and approval by the Planning Commission. Per SB 478, there would be no requirement for the lot area for an existing lot of record, for multifamily developments of 3 units or more. The fencing requirements would also be amended, primarily for clarity, but would also allow for greater flexibility on the height for screening abutting residential district property, so that 8 feet would no longer be the required minimum, but it would establish a maximum height of 10 feet.

Currently, no maximum height is specified. Fences would be subject to Zoning Administrator approval, unless it is part of a design permit subject to Planning Commission approval.

Section 17.16.040 - Development regulations for the SCRO-1 district: The substantive amendment for this section would be the change in height, from the current maximum of 35 feet, to 36 feet, consistent with the Housing Element program. Also, per SB 478, there would be no requirement for the lot area for an existing lot of record, for multifamily developments of 3 units or more.

Sections 17.27.040 and 17.27.050 - Development regulations for the PAOZ-1 and PAOZ-2 districts: For consistency with procedures for fence and wall exceptions provided for other districts, such permit applications would be by the Zoning Administrator instead of the Planning Commission.

Sections 17.32.050 to 17.32.080 - various exceptions to development regulations: These sections would be removed from Chapter 17.32 - General Use Regulations. The provisions would be relocated and amended as a new “Chapter 17.47 - Exceptions to District Development Regulations”, as described below.

Section 17.42.070 - Amendment of Design Permit – Minor Modifications: This amendment would retitle the section to “Amendment of Design Permit – Modifications" and instead of naming the Planning Commission only as the approving authority, amendments may be approved by the Zoning Administrator or the Planning Commission, as set forth in Section 17.56.090, depending on whether it is a major or minor modification. Proposed amendments to Section

17.56.090 are described below.

Section 17.46 - Variances: This chapter currently names either the Planning Commission or the Zoning Administrator as the approving authority for “variances from the strict application of the terms of this title”. In practice, variances have been reviewed by the Planning Commission and, 97 254
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for clarity and consistency with practice, the reference to the Zoning Administrator would be deleted.

Chapter 17.47 - Exceptions to District Development Regulations: This new chapter would include the following sections:

17.47.010 - Purpose of Chapter

17.47.020 - Applicability

17.47.030 - Exceptions to Lot area, lot dimensions and lot lines

17.47.040 - Height Limit Exceptions

17.47.050 - Setback Exceptions

17.47.060 - Exception Modification Procedures

17.47.070 - Requests for reasonable accommodations.

17.47.080 - Nonconforming Structures and Features.

This is largely a reorganization for clarity to distinguish exceptions as separate from Chapter 17.32 - General Uses, such as conditional uses in all districts, wireless telecommunications facilities, etc.

The reorganization would provide a vehicle to clarify and update the processing procedures for the various exception permits and provide more consistent processing of the various exceptions.

These are outlined as follows:

Exceptions to Lot area, lot dimensions and lot lines: The provisions of this section would remain largely unchanged, except to cross reference and allow that lots may be created by urban lot split, through the new Chapter 17.05.

Height Limit Exceptions: This section has been reformatted to a table for clarity. The height limit exceptions section, at present, names flag poles, church steeples, radio and other towers as part of a class of exceptions having a use permit requirement and these are proposed to be removed from this section. Flag poles would be removed since height limits are included within a new setback exception type. Where a flag pole is proposed interior to a developed lot, not within the setback area, the standard district height provisions would apply. Churches may be conditionally permitted in any district in accordance with BMC Section 17.32.020.B.1 and telecommunications facilities are provided for in Section 17.32.032.

This section also currently includes a procedure for approving accessibility improvements for accommodation of those with a disability. This section has been relocated to a section at the end of this new Chapter 17.47, to allow for administrative permitting through the building permit process. See further discussion below.

Setback Exceptions: This section has been reformatted to tables for clarity. Also, the various procedures for application for a modification to setback exception would be normalized to a single process that’s provided in the draft new Section 17.47.060 - Exception Modification Procedures.
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A few setback exception standards are proposed to be updated, following discussion at the Planning Commission workshops. Subject to certain conditions, including compliance with the California Building Code (CBC), these include: 1) adding an exception for garages and carports on through lots to have a zero setback from the rear lot line, the same as currently exists for the front, subject to City Engineer approval; 2) stairs, ramps and landings to a building entrance may have a zero side setback; 3) decorative water features and decorative artwork would have no side setback requirement which is the same as currently allowed for the front and rear; and 4) a new exception has been added for flag poles and flags.

Fences, hedges and walls would be included in the setback exceptions chapter and the provisions have been updated. That’s largely for clarity, but a few notable amendments are as follows:

The current provisions allow for 8 foot wood fences in the residential districts, side and rear setbacks only, with the top two feet being in lattice. The draft provisions would allow up to 7 feet of solid fence, but if the fence is as high as 8 feet then the top 2 feet must be lattice or a similar open pattern. The 7 footsolid fence height correlates to the threshold for when a building permit would be required per the CBC. Within certain commercial districts that have an public, open campus feel, such as the SP-CRO Sierra Point Commercial District, or are public facing, such as the NCRO-1 and NCRO-2, a fence exception permit would be required for any fence.

Alternatively, fences may be approved as part of a design permit, if the fence is part of a new development project that would already be going to the Planning Commission for design review.

Under other requirements for fences, a non-substantive amendment to the requirement for fences within the HCP has been included in the other requirements section, to provide clearer language that any such fencing must be consistent with the HCP operating program for the site or other required permitting consistent with the HCP requirements. Also, gated driveways are not currently addressed in the code and so these would be subject to planning director approval, to verify that the gate would not create a safety hazard.

For retaining walls, although not a substantive change, the conditions for walls over 6 feet in height have been updated to match the same conditions provided for retaining walls that may be approved through the grading ordinance provisions in BMC Section 15.01.110.B.2.

Exception Modification Procedures: As indicated above, exception modification procedures would be normalized to one process through the Zoning Administrator, as detailed in the proposed new Section 17.47.060. Zoning Administrator decisions are to be reported to the Planning Commission at least 7 days prior to the expiration of the 10-day appeal period and decisions may be appealed to the Planning Commission. Appeals timeframes and procedures are also proposed to be updated in Section 17.52, as described below.

Requests for reasonable accommodations. Consistent with Housing Element Program 7.A.3, requests for reasonable accommodations would be deleted from the height and setback 99 256
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exceptions and made a separate subsection within this new chapter. Unlike the other exceptions, which would require a decision by the Zoning Administrator, reasonable accommodations would be subject to a building permit where it has been demonstrated that the current or future accessibility feature cannot be otherwise addressed through the applicable district height or setbacks provisions. As with all of the exceptions, the accessibility improvement will be required to be constructed in compliance with state and local building and fire codes.

Chapter 17.52 - Appeals: Various appeals timeframes are provided in Title 17 for different applications. While this update is not an attempt to address all of these, it would serve to provide more structure and consistency to the time periods and process. Except where specified otherwise in Title 17, decisions of either the Planning Director or the Zoning Administrator would be subject to 10 day appeals periods. Appeal periods are currently 7 days for the Zoning Administrator and 15 days for Planning Director decisions. The Planning Commission appeals are currently 15 days for most applications, except where specified otherwise in the code, and would remain as is. This section would add a procedure for two Planning Commissioners to be able appeal a decision of the Zoning Administrator, to be heard by the Commission, similar to the process for two City Council members to be able to appeal a decision of the Planning Commission.

Chapter 17.56 - Zoning Administrator: Finally, Section 17.56 would be retitled from Administration to Zoning Administrator, to more accurately reflect its contents. The amendment would update the list of application types subject to zoning administrator approval. It also further updates and fleshes out the procedures for evaluating and hearing proposed modifications to planning permits into three types:
➢ Substantial conformance – may be approved through the building permit review process. ➢ Minor modification – generally subject to review and approval by the Zoning Administrator following the procedure set forth in Chapter 17.56. ➢ Major modification - subject to review and approval by the original decision-making body, whether the Zoning Administrator or the Planning Commission.

Procedures for public notice of Zoning Administrator applications and hearing procedures are also provided along with a cross reference to the appeals process provided in Chapter 17.52 and requirements for reporting decisions to the Planning Commission.

This draft ordinance was provided to the Public Works Director/City Engineer, Building Department, North County Fire Authority and City’s Legal Counsel and comments have been incorporated into it.

Finally, no correspondence was received from the public prior to publication of this report. Any comments received after publication will be provided to the Commission separately. 100
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ATTACHMENTS:

A. Draft Resolution 2024-RZ-2
Exhibit A -Draft ordinance, zoning text amendment
B. Redlined copy of proposed zoning text amendments
C. Workshop links:
a. February 22, 2024 (Memorandum to PC) (Minutes)
b. June 8, 2023 (Memorandum to PC) (Minutes)
______________________________ _______________________________________ Ken Johnson, Senior Planner John Swiecki, Community Development Director 101
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To the Planning Commission
From: Dana Dillworth
R: Zoning Amendments RZ-2024-1 and RZ-2024- 2
May 9, 2024
Don’t pass these changes without asking for further studies to disclose these plans’ full impacts.

Where is the map? It didn’t print out. I only see text.

Rezone the whole town, with a multiplying, quadrupling effect of housing impacts, including the Brisbane Acres, with no study? No infrastructure studies, no hillside stability studies, no commercial safety set-back rules, no natural rivers assessment, no habitat studies, no nothing? This cannot be in balance with our General Plan because it is not balanced with the other elements and community goals in our General Plan.

Where are the other city commissions and committees weighing in on quadrupling requirements for their areas of concern? Like more open space and mitigations for environmental impacts requiring native plant plantings, net-zero and solar orientation of buildings, stream setbacks, rainwater systems, etc? How about requirements for recreation and community-building opportunities per capita? Pocket gardens. Where is Open Space being mapped or do we accept 1-foot wide planters for Open Space? Where are the safety features like wildfire suppression zoning? Where’s the Art Commission weighing in on 40 square foot walls as an opportunity for art or native plantings vs. fenestration through your ministerial housing-only myopic requirements?
What happened to disclosing known hazards (prior land slides at Kings and Humboldt, Harold, and Old County Road below Tulare) and new conditions of recent slides (Glenn and Buckeye Canyons) that make blanket rezoning unsafe. When do you disclose streets that are unable to handle the quadruple traffic or machinery needed for gouging the hillside? While these documents incorporate the meetings that were presented to the public as study sessions, the impacts of these changes have never been studied by professionals. If it has been studied, please provide the report and its authors. Public comments both at the planning commission and city council level for housing element revisions included requests for studies for sea-level rise, hill and slope stability, rare and endangered species habitat restoration programs, programs to mitigate loss of solar when your neighbor’s project shadows your panels, and review of toxins, should all be incorporated (by reference) into this document, including my recent comments to council about re-zoning Crocker Park and Sierra Point for housing.

Absent full knowledge or disclosure of the safety and environmental issues puts the public at risk. For this reason I object to the use of a Zoning Administrator substituting for an openly, noticed planning meeting process. An assigned regulator cannot know the nuances in this town without you disclosing them at this time. Particularly, the Brisbane Acres requirement of 60% habitat preservation; I don’t see the lands contractually dedicated for Open Space mapped properly.

Your admission is that this is piecemeal. Stop. You have further revisions pending which includes unlimited heights… Can we see/study all of the impacts of all the new California laws? CEQA requires us to evaluate future and potential projects. I see no mention here. You have not provided adequate information nor proper studies to continue this zoning plan. 102
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Some other disturbing facts is that his disallows Air b’n b uses. I know this is a contentious issue and represents an unlawful taking to citizens that have abided by the city’s onerous regulations and if the intent for this passage is to provide for low- and moderate-income housing… it will not. Focus on that, the city’s responsibility to all citizens AND the environment, not undermining the fabric and safety of our town to speculators. 103
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File Attachments for Item:

P. Consider Adoption of Resolution Approving an Agreement for the Purchase and Sale of Vacant City Property in Crocker Park (28,000 square feet +/-) and Authorizing the City Manager to Sign the Agreement and All Other Documents Necessary to Carry Out the Sale (This action is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Section 15378 (b) (4).) 307
Purchase and Sale of Vacant City Property in Crocker Park Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: Michael Roush, Legal Counsel & Jeremy Dennis, City Manager
Subject: Resolution Approving an Agreement for the Purchase and Sale of Vacant City Property in Crocker Park (28,000 square feet +/-) and Authorizing the City Manager to Sign the Agreement and All Other Documents Necessary to Carry Out the Sale This ac�on is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Sec�on 15378 (b) (4).

RECOMMENDATION:

Adopt a Resolu�on “Approving an Agreement for the Purchase and Sale of Vacant City Property in Crocker Park (28,000 square feet +/-) and Authorizing the City Manager to Sign the Agreement and All Other Documents Necessary to Carry Out the Sale” and provide any direc�on as to how the funds from this sale should be allocated.

BACKGROUND
The City of Brisbane owns a vacant, landlocked parcel located in Crocker Park. The parcel is approximately 28,000 square feet and adjoins property owned jointly by several en��es (Central Los Angeles Transfer, a California Corpora�on, 501 Spectrum Circle, LLC, and S&S Chambers, LLC, [herea�er, collec�vely, “Buyers”]). That property, located at 151 West Hill Place is developed and is leased to Pepsi/Frito Lay for distribu�on vehicle storage. The vacant parcel is part of a former rail spur that the Southern Pacific Railroad sold to the McKesson Corpora�on.

The City acquired the vacant parcel from the McKesson Corpora�on in 1995 as part of a series of real estate transac�ons between McKesson and the City that led to the development of Crocker Park.

On February 15, 2024, City Council received an agenda report concerning the poten�al sale of this parcel. That agenda report is atached. A�er discussion, Council adopted a resolu�on declaring the property as surplus land and direc�ng staff to the return the item to the Council when and if there is a poten�al purchaser of the property.

Staff sent the required no�ces under the Surplus Lands Act that the property was available to school districts, recrea�on districts, and affordable housing providers. The City received no interest from any of those districts or housing providers. Staff then contacted representa�ves of the Buyers to determine if the Buyers s�ll had an interest in acquiring the property. The Buyers were s�ll interested in acquiring the property for the price--$718,250—that the Buyers had 308
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Purchase and Sale of Vacant City Property in Crocker Park Page 2 of 3 discussed earlier with staff. To that end, the Buyers have signed the atached Agreement for the Purchase and Sale of Real Property (“PSA”).

On June 28, 2024, the Planning Commission made findings (resolu�on atached) that the sale of this property is in conformity with the policies of the General Plan.

Staff recommends City Council adopt the atached resolu�on approving the sale of the property to the Buyers and authorizing the City Manager to sign the PSA and all other documents necessary to carry out the sale.

DISCUSSION
The salient terms of the PSA are as follows:

The purchase price for the property is $718,250, with $50,000 as a deposit and the remainder paid at close of escrow. The property is sold “AS IS”.

Buyers will submit to the Community Development Department an applica�on to improve the property with paving, fencing and ligh�ng. The City’s approval of such improvements is a condi�on of Buyer’s purchase.

Other than the property being used as a hiking path and a drainage canal (discussed below), the Grant Deed will restrict the use of the property exclusively for the parking of motor vehicles for the employees at 151 West Hill Place, green space, and access to the building at 151 West Hill Place
Promptly a�er close of escrow, Buyers will construct on the property a 5-foot-wide hiking path and a 5-foot-wide hiking access path on the property at 151 West Hill Place. Buyers will grant the City easements for these purposes. The City must approve the details of the hiking paths.

City will have the responsibility to maintain and repair the hiking paths.

A drainage canal currently exists on the property. Buyers shall grant the City an easement concerning the drainage canal but the Buyers shall be responsible for the regular cleaning, maintenance and repair of the drainage canal.

FISCAL IMPACT
The sale of this property will net the City about $718,000. Council has the discre�on to direct how those funds are to be allocated.
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ENVIRONMENTAL REVIEW
Adop�on of this resolu�on and the sale of the property do not require further environmental review under the California Environmental Quality Act. The sale represents a government fiscal ac�vity which does not involve any commitment to any specific project which may result in a poten�ally significant physical impact on the environment and hence it is not a project. CEQA Guidelines, Sec�on 15378 (b) (4).

Atachments:

1. February 15, 2024 Agenda Report

2. Agreement for Purchase and Sale of Real Property

3. Planning Commission Resolu�on

4. Resolu�on 2024-XX approving a PSA and authorizing the City Manager to sign the PSA ___________________________________ ___________________________________ Michael Roush, Legal Counsel Jeremy Dennis, City Manager 310
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CITY COUNCIL AGENDA REPORT
Potential Sale of Parcel APN 005-300-999 Page 1 of 4
Meeting Date: February 15, 2024
From: Director of Public Works/City Engineer
Subject: Potential Sale of City Parcel APN 005-300-999 (formerly, S.P.R.R. SBE 872-41-23R);
Resolution Declaring that City Parcel is Surplus Land
Community Goal/Result: Economic Development
Purpose
To determine whether there is City Council support to sell vacant and landlocked property in Crocker Park and, if so, to discuss the next steps Council must take concerning the sale of this property.

Recommendation

1. If Council elects to continue with the potential sale of APN 005-300-999; Adopt Resolution No. 2024-XX declaring that the property owned by the City, a landlocked, vacant site of approximately 28,000 square feet located in Crocker Park, encumbered by a drainage canal, is surplus land, i.e., not necessary for the City’s use, and if there is no interest in any school district, recreation agencies, or affordable housing developers to purchase the property, authorize the City Manager to (a) sell the property at fair market value, including the potential sale to the adjacent property owner, BLT Enterprises, and (b) sign a purchase and sale agreement, in a form as approved by the City Attorney, and authorize the City Clerk to record the necessary documents to effectuate the sale.

These actions are not subject to further environmental review as they involve general policy making activities of the City Council and hence they are not projects under the California Environmental Quality Act (CEQA). CEQA Guidelines, Section 15378 (b) (2).

2. If Council elects not to proceed with selling the property, provide direction to staff deemed necessary and appropriate
Background
The property that is the subject of this agenda report is located in Crocker Park and is part of a former rail spur that was owned by the Southern Pacific Railroad. The Railroad sold the property to the McKesson Corporation and, in 1995, the McKesson Corporation transferred this property and numerous other properties in the area to the City. The particular parcel that is the subject of this agenda report is highlighted in blue on the included 1 of 11
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Potential Sale of Parcel APN 005-300-999 Page 2 of 4
screenshot from San Mateo County Property Information Portal (pg. 5 of this report).

The next screenshot (pg. 6 of 11) shows the portion of the property that was sold to South Hill Properties (Sheng Kee), as well as the discontinuity in the former rail spur immediately to the west of the land sold. The third screenshot (pg. 7 of 11) shows a wider view of the area in question, and also highlights the parcel that is now under discussion for potential sale.

Recently, BLT Enterprises, which owns property at 151 West Hill Place, which property is immediately adjacent to the parcel under discussion, made inquiry of City staff about its purchasing this parcel. Several issues dominated staff’s review of this request and subsequent conversations with Council; first, was the examination of any future “best” uses for this parcel, e.g., use of the property for access to San Bruno Mountain; second, the presence of existing city storm drain facilities on the parcel; and third, what level of development would be permitted on the parcel were it sold.

Discussion
The question on future best uses for this parcel was focused primarily on its potential use for access to San Bruno Mountain. As seen in the attached “Vicinity 201 South Hill” photo (pg. 6 of 11), this parcel dead-ends at 201 South Hill, and currently does not provide any potential for future access to the Mountain. In its letter of intent to purchase this property, the adjacent property owner states that it will provide an easement on the property for the purpose of providing public access.

The second issue considered during review of this request was the City’s storm drain facilities.

This matter would be resolved by requiring any purchaser to grant the City an easement for its storm drain facilities on the property, and the owner’s agreement to maintain the storm drain facilities, including providing permission for the city to inspect the owner’s compliance with the agreed upon duty to maintain the vee ditch. Those commitments are also set forth in the letter of intent.

Third was the City Council’s concern about future development of the property. The property owner’s letter of intent states that a covenant would be recorded to restrict the use of the property (other than for the public trail and the storm drain facilities) to parking for and access to the building on the adjacent property (which now houses a Frito-Lay facility).

Given these commitments from BLT Enterprises—which commitments would be embodied in a written purchase agreement—if Council wishes to proceed with the potential sale of the property, set forth below are the next steps, with the understanding, explained below, that the Council’s agreeing to proceed with the sale does not necessarily mean the property will be sold to BLT Enterprises.
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Next Steps
Compliance with the Surplus Land Act.

The Surplus Land Act (Government Code, section 54220 and following) increases the availability of land held by public agencies for use in creating housing for low/moderate income families, for recreational or school district purposes, and for clustered housing/commercial development near transit stations. The parcel under discussion is not near a transit station, and its 44-foot width is encumbered by a 15’ vee ditch easement that makes it likely unsuitable for any housing. Both its small size and its inaccessibility due to being surrounded on all four sides by lands of others also makes it likely unsuitable for recreation or school district purposes.

Notwithstanding its inapplicability to the intent of the Act, there is no express exemption that the Act does not apply and, therefore, prior to selling the land, the City is required to make a finding at a regular public meeting that the land is not necessary for the City’s use, which the Act defines as “surplus land.” Then the City must provide notice of the availability of the parcel to school districts, recreation agencies and affordable housing developers. (The State maintains a list of such developers.)
Approval of Resolution No. 2024-xx will satisfy the requirements of the Act Final negotiations with a purchasing party
If there is no interest in any of the public agencies or affordable housing developers in purchasing the property at a price that the City Council deems fair, the City may then enter into negotiations to determine a mutually satisfactory sales price with a third party, such as BLT Enterprises. (BLT’s letter of intent includes a purchase price of $718,250.) Based on the unsuitability of the parcel for housing or school purposes, and with no existing/planned trail on the San Bruno Mountain State and County Park trail map within 1/4- 1/2 mile of the western terminus of the parcel, staff does not anticipate receiving offers from affordable housing developers, the County of San Mateo, or school districts. Assuming that is the case, Council action tonight includes authority for the City Manager to enter into a purchase agreement and any other documents necessary to carry out the sale. If a purchase agreement and related documents are entered into with BLT, such agreement must be consistent with BLT’s letter of intent, and in a final form as approved by the City Attorney.

Conformity with the City’s General Plan and Sale of the Property If there is a purchase agreement, before the property may be sold, the Planning Commission must find that the sale is consistent with the City’s General Plan. Any decision of the Planning Commission could be appealed to the City Council. Such an item would not be presented either to the Planning Commission or to the City Council (on appeal) until there is a signed purchase agreement and, of course, the sale would be contingent on the finding of the sale’s conformity 3 of 11
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Potential Sale of Parcel APN 005-300-999 Page 4 of 4
with the General Plan.

Fiscal Impact
If the property is eventually sold as provided in the letter of intent, there would be one time revenue of approximately $718,000. Council will have the discretion to direct this money’s placement into whatever account or accounts it deems appropriate. If the City were to receive offers from a school district, recreation agency or an affordable housing developer, the item would be returned to Council for further consideration of such offer.

Environmental Review
These actions are not subject to further environmental review because the actions are general policy making activities and hence they are not projects under the California Environmental Quality Act (CEQA). CEQA Guidelines, section 15378 (b) (2).

Measure of Success
If Council directs staff to move forward with the sale, in the future, City Council has directed that proceeds will be used for open space acquisition and open space habitat management.

Attachments

1. Screenshot from San Mateo County Property Information Portal [pg. 5 of 11]

2. Orthodigital view from 201 South Hill sale [pg. 6 of 11]

3. Orthodigital view highlighting requested sale to 151 West Hill Place [pg. 7 of 11]

4. Resolution declaring property surplus land and providing authority to the City Manager to carry out the sale
___________________________________ ___________________________________ Randy Breault, Public Works Director Clay Holstine, City Manager 4 of 11
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• City owned parcel shown in blue
• BLT parcel at 151 West Hill Place
• Discontinuity in trail spur shown at 211 South Hill Drive • Sheng Kee (now owning former city railroad spur) at 201 South Hill 5 of 11 315
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BRISBANE CITY COUNCIL RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE

DECLARING CERTAIN PROPERTY IT OWNS AS SURPLUS LAND AND

AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO

DISPOSE OF THE PROPERTY CONSISTENT WITH THIS RESOLUTION Whereas, State law, the Surplus Lands Act (“SLA”) requires that before a local agency, including a City, takes any action to sell or lease its property, it must declare the property to be either “surplus land” or “exempt surplus land”; and Whereas, “surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular meeting declaring that such land is surplus and is not necessary for the agency’s use; and Whereas, unless the surplus land is exempt, the agency must give written notice of its availability to any local public entity, including schools and park districts, within whose jurisdiction the property is located, as well as to housing sponsors that have notified the State Department of Housing and Community Development (HCD) of their interest in surplus property; and
Whereas, the City of Brisbane owns vacant, landlocked, property in Crocker Park, and Whereas, BLT Enterprises also owns property within Crocker Park and approximately 28,000 square feet of City owned property lies immediately adjacent to the BLT Enterprises property; and
Whereas, BLT Enterprises has asked the City whether it would sell to it the approximate 28,000 square feet of City property, as depicted on the attached Exhibit 1, to be used by BLT Enterprises solely for the parking of vehicles for, and access to the building for, employees of the business located on the BLT Enterprises property; and Whereas, there is a drainage canal on the property and BLT Enterprises has indicated that if the City sells the property to it, it would grant the City an easement for such canal, and maintain the drainage canal in perpetuity; and Whereas, BLT Enterprises has also indicated that it will grant the City an easement on the property to be sold for the purpose of providing a public access that would connect to the eastern boundary of San Bruno Mountain State and County Park; and Whereas, BLT Enterprises has also indicated that by written and recorded instrument it would restrict the use of the property sold to it for parking for, and access to, the building on the property that BLT owns; and
Whereas, the City Council finds and determines that the City has no need of this property for public purposes because of its odd shape and location and that BLT Enterprises, should the property be sold to it, would grant the City an easement for the drainage canal on the property, maintain the drainage canal on the property in perpetuity, grant the City an easement for the purpose of providing a public hiking trail that would connect to the eastern boundary of San Bruno Mountain State and County Park, and would restrict the use of the property sold to it for the parking of vehicles by persons using the 8 of 11
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building on adjacent property owned by BLT Enterprises; and Whereas, the City Council further finds, based upon the foregoing recitals, that the approximate 28,000 square feet of City owned property is surplus land.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE RESOLVES AS FOLLOWS:

Section 1. The vacant, approximately 28,000 square foot site in Crocker Park, as depicted on the attached Exhibit 1, is declared surplus land and the City Manager shall, on behalf of the City, (a) send the appropriate notices under Government Code, section 54222, (b) negotiate in good faith for the disposition of the property should there be any interest in the property by those districts, recreation agencies and affordable housing developers who receive such notice, and (c) participate in negotiations to dispose of the property should there be no interest by those school districts, recreation agencies or affordable housing developers or, if there is such interest, no agreement as to the property’s disposition is reached.

Section 2. If the surplus land is not sold to a school district, a recreation agency or an affordable housing developer, the City Manager is authorized to take all necessary steps and to sign all necessary documents to sell the property at fair market value, including entering into a purchase agreement to dispose of the surplus land consistent with the terms and conditions of the letter of intent dated January 23, 2024 submitted by BLT Enterprises, when the purchase agreement and any documents required by the purchase agreement are approved in final form by the City Attorney.

Section 3. Should a purchase agreement be executed, once all its conditions have been satisfied, the City Clerk is authorized to record all documents to carry out the purpose of the purchase agreement.

Section 4. This Resolution shall become effective immediately upon its adoption. ________________________________
Terry O’Connell, Mayor
* * * *
I hereby certify that the foregoing Resolution No. 2024-XX was duly and regularly adopted at a regular meeting of the Brisbane City Council on February 15, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
9 of 11
319
P.

ATTEST:
________________________________
Ingrid Padilla, City Clerk
Approved as to form:
________________________________
Thomas R. McMorrow, City Attorney
10 of 11
320
P.
20 of 20 EXHIBIT 1 11 of 11
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RESOLUTION 2024-GPC-1

A RESOLUTION OF THE PLANNING COMMISSION OF BRISBANE

FINDING THE DISPOSITION OF CERTAIN REAL PROPERTY
FROM THE CITY OF BRISBANE TO CENTRAL LOS ANGELES TRANSFER (CLAT), 501 SPECTRUM CIRCLE, LLC (501 SPECTRUM), AND S&S CHAMBERS LLC (S&S CHAMBERS) CONFORMS TO THE CITY’S GENERAL PLAN
WHEREAS, City is the fee simple owner of the real property bearing Assessor’s Parcel Number 005-300-999 (“City Parcel”); and
WHEREAS, Central Los Angeles Transfer (CLAT), 501 Spectrum Circle, LLC (501 Spectrum), and S&S Chambers LLC (S&S Chambers) are the fee simple owner of the real property bearing Assessor’s Parcel Number 005-300-140 (“Subject Parcel”); and WHEREAS, City and CLAT, 501 Spectrum, and S&S Chambers have entered into a Purchase and Sale Agreement (“PSA”) concerning the above-mentioned properties owned by the City and CLAT, 501 Spectrum, and S&S Chambers; and
WHEREAS, the PSA provides that the City will convey to CLAT, 501 Spectrum, and S&S Chambers the City’s fee interest in all of City Parcel, as shown on the schematic Exhibit A to this Resolution; and
WHEREAS, the PSA provides that CLAT, 501 Spectrum, and S&S Chambers will deed to the City an access easement in a portion of both City Parcel and Subject Parcel, as shown on the schematic Exhibit A to this Resolution; and
WHEREAS, California Government Code, Section 65402(a) requires that before the City disposes of real property such disposition is to be submitted to, and reported on by, the Planning Commission as to conformity with the City’s General Plan; and WHEREAS, the Planning Commission has considered the agenda report and supporting documents concerning the proposed disposition of City property; and WHEREAS, such disposition is consistent with the City of Brisbane’s General Plan, specifically with the land use element which designates this property for trade commercial development and with Local Economic Development Policy 8 and Crocker Park Subarea Policy CP.3 in that these policies refer to maintaining a diverse tax base and uses in the Crocker Park subarea that provide jobs, city revenues, and benefits to the community.

WHEREAS, such disposition is furthermore consistent with Land Use Policy LU.4, Circulation Policy C.34, Open Space Policy 86, and Crocker Park Subarea Policy CP.10 in that these policies refer to providing pedestrian access to natural areas such as San Bruno Mountain State and County Park; and
Attachment 3
365
P.

Reso. 2024-GPC-1
WHEREAS, the proposed resolution is exempt from California Environmental Quality Act (CEQA), pursuant to Section 15312 of the CEQA Guidelines, Surplus Government Property Sales.

The exceptions to this categorical exemption referenced in Section 15300.2 do not apply.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission finds, in accordance with Government Code section 65402(a), that the location, purpose, and extent of the abovedescribed disposition of real property between the City of Brisbane and CLAT, 501 Spectrum, and S&S Chambers conforms to the Brisbane General Plan.

I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Planning Commission of the City of Brisbane during the Regular Meeting of the Planning Commission on the twenty-seventh day of June 2024, by the following vote:

AYES: Funke, Gooding, Lau, Patel, Sayasane
NOES:

ABSENT: ________________________
Alex Lau
Chairperson
ATTEST:
__________________________________________
JOHN A SWIECKI, Community Development Director
366
P.
367
P.
1 RESOLUTION NO. 2024-XX
WHEREAS, the City of Brisbane owns a vacant, landlocked parcel located in Crocker Park, which parcel is approximately 28,000 square feet and adjoins property owned jointly by, several entities (Central Los Angeles Transfer, a California Corporation, 501 Spectrum Circle, LLC, and S&S Chambers, LLC, [hereafter, collectively, “Buyers”]); and WHEREAS, the Buyers’ adjoining property is located at _______, is developed and houses ________; and
WHERAS, the City acquired the vacant parcel from the McKesson Corporation in 1995 as part of a series of transactions between McKesson and the City that led to the development of Crocker Park; and
WHEREAS, on February 15, 2024, City Council received an agenda report concerning the potential sale of this parcel and, after discussion, Council adopted a resolution declaring the property as surplus land and directing staff to the return the item to the Council when and if there is a potential purchaser of the property; and WHEREAS, Staff sent the required notices under the Surplus Lands Act that the property was available to school districts, recreation districts, and affordable housing providers but within the time frame provided by the Surplus Land Act, the City received no interest from any of those districts or housing providers; and
WHEREAS, staff then contacted representatives of the Buyers to determine if the Buyers still had an interest in acquiring the property; and
WHEREAS, the Buyers were still interested in acquiring the property for the price-- $718,250—that the Buyers had discussed earlier with staff and, to that end, the Buyers have signed an Agreement for the Purchase and Sale of Real Property (“PSA”); and WHEREAS, on June 28, 2024, the Planning Commission made findings that the sale of this property is in conformity with the policies of the General Plan; and WHEREAS, City Council at its regular meeting on July 18, 2024 considered the proposed PSA, the agenda report and recommendation of City staff, and all comments and concerns of the public.

NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:

Section 1. City Council approves the sale of the property to the Buyers and authorizes the City Manager to sign the Agreement for the Purchase and Sale of Real Property and all other documents necessary to carry out the sale.

Attachment 4
368
P.
2 Section 2. The City Clerk is directed to record the Grant Deed and all related Easements when the City Attorney has approved as to form all such documents and advises that all conditions precedent to closing escrow have been satisfied.

Section 3. This Resolution shall take effect immediately upon its adoption.

The above resolution was adopted at a regular meeting of the Brisbane City Council on July 18, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
369
P.

File Attachments for Item:

Q. Election Issues
i. Consider Adoption of a Resolution to Place on the November 5, 2024 Ballot an Ordinance To Establish Term Limits For City Council Members
ii. Discuss whether to adopt a Resolution to place on the November 5, 2024 ballot an ordinance by which City Council will appoint the Mayor and the Mayor Pro Tempore 370
Term Limits Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: Jeremy Dennis, City Manager, Ingrid Padilla, City Clerk & Michael Roush, Legal Counsel
Subject: Election Issues: i. Resolution to Place on the November 5, 2024 Ballot an Ordinance Establishing Term Limits for City Council Members

COMMUNITY GOAL/RESULT
Community Building - Brisbane will honor the rich diversity of our city (residents, organizations, businesses) through community engagement and participation RECOMMENDATION:

Adopt the attached resolution to place on the November 5, 2024 ballot an ordinance to establish term limits for City Council members.

BACKGROUND

The term of each city council member shall be for a term of four years from the time each member is elected and qualified until the member’s successor is elected and qualified. Section

2.38.050, Brisbane Municipal Code. Currently, City Council members in Brisbane may serve an unlimited number of terms.

State law, however, permits a city council to adopt a proposal to limit the number of terms a member of the city council may serve on the city council. Any such proposal shall apply prospectively only and shall not be operative unless it is submitted to the electors (voters) of the city at a regularly scheduled election and a majority of votes cast on the question favor the adoption of the proposal. Government Code, Section 36502 (b).

At its meeting on June 20, 2024, City Council directed staff to prepare a proposal to be submitted to the voters at the November 2024 election (a regularly scheduled election) that would limit the number of consecutive terms that a council could serve to three; such person would not be eligible to run for another term of office for two years, after which the person would be eligible to serve another three consecutive terms. In addition, Council directed that the proposal provide that any term of office for which a person is elected or appointed to fill a vacancy would not count as one of the three terms.

Staff has drafted such a proposal and it is set forth as Exhibit A to the attached resolution. The resolution also asks the County Registrar of Voters to consolidate this matter with the Council’s regularly scheduled election of three council members.
371
Q.

Term Limits Page 2 of 3
In order for this item to be on the November 5, 2024 ballot, Council must adopt the resolution 88 days before the election, which is August 9, 2024. This could be done at its meeting on July 18, at its regular meeting on August 1 (currently cancelled), or at a special meeting before the August 9 deadline.

DISCUSSION
The proposal provides that a council member shall serve no more than three consecutive terms. If such person serves for three consecutive terms, the person is not eligible to serve an additional term except after two years. If then elected, the person may serve an additional three consecutive terms. As to any person who is elected or appointed in order to fill a vacancy, that term of office will not count toward the three consecutive terms of office.

This proposal, if approved by a majority of the voters who cast votes on the proposal, would apply to the terms of office for the three council members elected at the November 2024 elec�on. It would not apply to the terms of office for the two council members Davis and O’Connell whose terms of office run through 2026.

In addi�on, the resolu�on authorizes the City Council to submit arguments and rebutals for or against the Ordinance. The resolu�on also provides the City Clerk to transmit a copy of the ordinance to the City Atorney to prepare an impar�al analysis of the effects of the ordinance on exis�ng law and opera�on of the ordinance.

Arguments and rebutals shall be submited in accordance with Elec�ons Code, sec�on 9280- 9287. The City Clerk, as the City Elec�on Official, will set the deadline for submi�ng arguments and rebutals.

If the ordinance receives a majority vote of those vo�ng on it, the ordinance will be in effect and may only be changed by a future vote of the electorate.

Fiscal Impact
Since the City will have an elec�on for Council members in November 2024, there will be an addi�onal cost to the City to place this mater on the ballot, but the actual costs are difficult to es�mate, depending on the number of registered voters, the number of Brisbane items on a ballot, and the number of items on the ballot from other jurisdic�ons. Staff es�mates that the cost to place one or two addi�onal items on the ballot would be in the range of $19,000 to $27,000. There are funds in the City Clerk’s budget for this purpose. 372
Q.

Term Limits Page 3 of 3
Environmental Review
Adop�on of the atached resolu�on placing the ordinance on the ballot is not subject to environmental review because it concerns organiza�onal or administra�ve ac�vi�es of the City that in and of itself will not result in direct or indirect physical changes to the environment and, hence, it is not a project under the California Environmental Quality Act. Sec�on 15378 (b) (5), CEQA Guidelines.

Attachments
Resolution placing on the November 5, 2024 ballot an ordinance to establish term limits for City Council Members
Jeremy Dennis
_______________________ _______________________
Jeremy Dennis, City Manager Ingrid Padilla, City Clerk
_________________________
Michael Roush, Legal Counsel
373
Q.
1 Attachment 1
RESOLUTION NO. 2024-xx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE SUBMITTING A MEASURE TO THE VOTERS AT THE NOVEMBER 5, 2024 GENERAL MUNICIPAL

ELECTION TO ESTABLISH TERM LIMITS FOR CITY COUNCIL MEMBERS AND TAKING

CERTAIN RELATED ACTIONS, CONSOLIDATING THIS BALLOT MEASURE WITH THE

ELECTION OF CITY COUNCIL MEMBERS AND AUTHORIZING CITY COUNCIL MEMBERS

TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE
WHEREAS, State law allows a City Council to submit to the voters a measure to limit the number of terms of office that a council member may serve consecutively; and WHEREAS, currently there are no limits to the number of terms a city council may serve; and
WHEREAS, by limiting the number of terms of office a council member may serve it provides an opportunity for other members of the City to serve on the City Council; and WHEREAS, although the number of consecutive terms of office would be limited to three, the person would be eligible for an additional term or terms after a two year hiatus; and WHEREAS, the Measure that sets forth an Ordinance to limit the number of terms of office is set forth in the attached Exhibit A, an amendment to Section 2.38.050 of the Brisbane Municipal Code; and
WHEREAS, the City Council has, by separate resolution, called a general municipal election for Tuesday, November 5, 2024 (the “Election”); and WHEREAS, the City Council has requested that the Election be consolidated with the statewide election held on that date, and the City Council has requested the assistance of San Mateo County in the conduct of the Election; and
WHEREAS, the City Council desires to submit the Measure to the electorate at the Election; and
WHEREAS, arguments for and against the Proposal, as well as rebuttals, may be filed in accordance with applicable provisions of the law pursuant to Elections Code and the text of the Proposal shall be printed on the ballot in the voter information portion of the sample ballot.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brisbane as follows:

1. The City Council hereby orders, pursuant to Section 9222 of the Elections Code, that the Measure, as set forth in an amendment to Section 2.38.050 of the Brisbane Municipal Code, which is attached hereto as Exhibit A and incorporated herein by reference, be submitted to the voters at the Election. Approval of the Measure requires a majority vote of those voting on the Measure.
374
Q.
2 2. The ballot question for the Measure shall read as follows:

MEASURE: City of Brisbane City Council Term Limits Measure Shall an Ordinance to limit to three the number of consecutive terms of office that a Council member may serve be adopted? YES NO

3. The text of the proposed measure in on file in the Office of the City Clerk and incorporated herein as Exhibit A.

4. The Ordinance limiting the number of consecutive terms that a City Council may serve to be approved by the voters is as set forth in Exhibit A hereto. The City Council approves the Ordinance in the form thereof and its submission to the voters of the City at the November 5, 2024 general election, subject to the approval of a majority of the voters voting on the Measure. The entire text of the Ordinance, attached hereto as Exhibit A, shall be made available to the public upon request. If approved by the voters, the Ordinance shall be in effect until repealed or amended by the voters.

5. The City Clerk is instructed to transmit the Measure to the City Attorney along with a request that an impartial analysis be prepared for inclusion in the Voters’ Pamphlet materials. Pursuant to Elections Code section 9280, the City Attorney shall prepare an impartial analysis, which shall be filed with the City Clerk’s office no later than _______, 2024 by 12:00 P.M.

6. Arguments for and against the Measure may be submitted to the City Clerk’s office, until 12 p.m. on ________, 2024. Rebuttal arguments will be permitted and must be received in the City Clerk’s office by 12:00 pm on ________, 2024. The City Council authorizes the following members of the City Council to fie written arguments for or against the Measure:

Arguments in favor and Rebuttal: Council members _________________ Arguments against and Rebuttal: Council members __________________

7. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. 375
Q.
3 8. Notice of the time and place of holding of the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form, and manner as required by law.

9. Pursuant to Section 10400 et seq. of the Elections Code, the Board of Supervisors of San Mateo County is requested to consolidate the election on this ballot measure with other elections held on the same day in the County.

10. The Board of Supervisors is authorized to canvass the returns of the Election pursuant to Section 10411 of the Elections Code.

11. Pursuant to Section 10002 of the Elections Code, the Board of Supervisors is requested to permit the County Clerk to render all services specified by Section 10418 of the Elections Code relating to the election, for which services the City agrees to reimburse the County, in accordance with current County pro-rations and allocation procedures.

12. The City Clerk shall file a certified copy of this Resolution with the County Clerk.

13. The City Clerk is hereby authorized to do all things necessary and proper to implement the provisions of this Resolution, including certifying the passage and adoption of this Resolution and entering it into the book of original Resolutions.

I hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the City Council of the City of Brisbane in a regular meeting of the City Council on July 18, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
376
Q.
4 Exhibit A

CITY OF BRISBANE CITY COUNCIL TERM LIMITS MEASURE
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF BRISBANE AMENDING SECTION 2.38.050 OF THE

BRISBANE MUNICIPAL CODE CONCERNING TERM LIMITS FOR CITY COUNCIL

MEMBERS
WHEREAS, the term of each City Council Member shall be for a term of four years from the time the Member is elected and qualified until the Member’s successor is elected and qualified; and
WHEREAS, State law allows a City Council to adopt a proposal to limit the number of terms a Member of the City Council may serve on the City Council but such proposal shall apply only prospectively and not be operative unless it is submitted to the voters of the City at a regularly scheduled election and a majority of voters cast on the proposal favor adoption of the proposal; and
WHEREAS, City Council wishes to adopt a proposal to limit the number of consecutive terms of office that a Council Member may serve and to submit such a proposal to the voters of the City..

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF BRISBANE AND THE CITY COUNCIL OF THE CITY OF BRISBANE THAT:

Section 1. Ordinance.

The Brisbane Municipal Code is hereby amended by amending Section 2.38.050 to read as follows:
“Section 2.38.050 Terms of Office—City Council Member
A. The term of each City Council Member elected in November 2020 and November 2022, and in each subsequent general municipal election, shall be for a term of four years from the time each Member is elected and qualified until his/her successor is elected and qualified.

B. A Council Member shall serve no more than three consecutive terms of office. If a person serves for three consecutive terms, the person is not eligible to serve an additional term of office except after two years. If then elected, the person shall serve no more than three additional consecutive terms.

C. As to any person who is appointed or elected in order to fill a vacancy, that person’s term of office shall not count toward the three consecutive terms of office.

D. Subsection B of this Section 2.38.050 shall not apply to the term of office for the two Council Members whose term of office expires December 2026; it shall apply to any and all of the three Council Members if any or all are reelected in 2024.” Section 2. Environmental Clearance
This Ordinance is not a project for purposes of the California Environmental Quality Act (CEQA). Continuing administrative activities such as general policy and procedure making except as they are applied to specific instances that have a direct or indirect effect on the environment are not projects. CEQA Guidelines, Section 15378 (b) (2). This Ordinance will have no direct or indirect effect on the environment.

Section 3. Severability
377
Q.
5 If any provision of this Ordinance or the application to any person or circumstance is held invalid the remainder of the Ordinance and application of such provision to other persons or circumstances shall not be affected thereby.

Section 4. Effective Date.

This Ordinance shall take effect only if adopted by the electorate at an election to be held on November 5, 2024.

Mayor of the City of Brisbane
Attest:

Ingrid Padilla, City Clerk
APPROVED by the following vote of the People of the City of Brisbane on November 5, 2024:

YESES
NOES
ADOPTED by Declaration of the vote at the November 5, 2024 election by the City Council of the City of Brisbane on December ______, 2024.

Ingrid Padilla, City Clerk
Approved as to form:

Thomas R. McMorrow, City Attorney
378
Q.

Mayor Rotation Page 1 of 4

CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: Jeremy Dennis, City Manager, Ingrid Padilla, City Clerk & Michael Roush, Legal Counsel
Subject: Election Issues: ii. Discussion Whether to Adopt a Resolution to Place on the November 5, 2024 Ballot an Ordinance to Establish Procedures by which City Council will Appoint the Mayor and Mayor Pro Tempore
Recommenda�on:

Discuss whether to adopt a Resolu�on to place on the November 5, 2024 ballot an ordinance by which City Council will appoint the Mayor and the Mayor Pro Tempore.

Background:

The mayor and mayor pro tempore (“pro-temp”) in a general law city, such as Brisbane, are selected by a vote of the members of the city council. The Brisbane City Council has adopted a resolu�on (Resolu�on 2016-06, atached) se�ng guidelines for the selec�on of mayor and mayor pro temp. The resolu�on provides that serving as mayor and mayor pro temp is a privilege and not a right and states that “Whenever possible, each Council member shall have the opportunity to serve as mayor during that council member’s first term of office” and “Whenever possible, the City Council shall select the then current mayor pro tempore as the next mayor.” Accordingly, not every Council member is guaranteed that he or she will have the opportunity to serve as mayor.

City Council requested staff to place an item on the agenda to discuss whether an ordinance should be submited to the voters at the November 2024 elec�on that would replace the above guidelines with clear direc�on as to how the mayor and mayor pro temp are to be selected. In general terms, the ordinance would set up a rota�on by which council members will be appointed as mayor and mayor pro temp, thereby guaranteeing that a council member will have the opportunity to serve as mayor. A proposed Ordinance is atached.

Note that the proposed Ordinance has a subsec�on D that references procedures by which a Council Member may be “removed” as Mayor and other Council Members may be moved “down” on the Mayoral rota�onal list. This document is a product of discussions by the ad hoc Code of Conduct Subcommitee (Council Members Lentz and Madison) concerning the grounds, �ming and consequences concerning removing the Mayor (as Mayor) or moving a Council member “down” on the mayoral rota�onal list. The current version of this document is atached; the provisions of the document would not be included in the ordinance in order that City Council would have the discre�on to change its terms from �me to �me. 379
Q.

Mayor Rotation Page 2 of 4
If the Council decides that it wants to place this item on the November 2024 ballot, Council would need to adopt a resolu�on prior to August 9, 2024 in order that the County Registrar of Voters would have the item �mely. This could occur at the Council’s August 1 regular mee�ng (currently cancelled) or at a Special Mee�ng between July 18 and August 9.

Discussion
The ordinance would dis�nguish between situa�ons where all council members have been on the Council in the previous term (even if such council members have been re-elected) and where there are newly elected council members, i.e., persons who did not serve in the previous term of office.

Assuming all council members have been on the Council in the previous term, Council would appoint as mayor the council member with the greatest length of �me since that council member served as mayor. Council would appoint as mayor pro temp the council member with the second longest length of �me since that member served as mayor.

Below are descrip�ons of how the rota�on would be implemented in a mix of different scenarios:

1. Assume Council member A last served as Mayor in 2020, Council member B last served as Mayor in 2021, Council member C last served as mayor in 2022, Council member D last served as mayor in 2023 and Council member E has been mayor during 2024.

Following the elec�on in 2024 (and assuming all current council members are reelected), if the voters approved an ordinance as described above, Council must appoint Council member A as mayor and must appoint Council member B as mayor pro temp.

On the rota�onal list, Council member C would be in third posi�on, Council member D would be in fourth posi�on, and Council member E, who had just served as Mayor, would be in fi�h or last posi�on. The following year, Council would appoint Council member B as mayor, Council member C as mayor pro temp and Councl member A would move to the fi�h or las posi�on.

2. If there are one or more newly elected council members, the procedure changes somewhat. If there is only one newly elected Council member, and the person who just served as mayor was re-elected or was not up for re-elec�on, the newly elected Council member would be placed fourth in the rota�on and the procedures for appoin�ng the mayor and mayor pro temp would be the same as described above. If there are two newly elected council members, the newly elected member with the higher number of votes would be placed in the rota�on in the third posi�on and the other newly elected council member would be in fourth posi�on. If there are three newly elected council members, the council member with the highest number of votes would be placed in the rota�on in the second posi�on, and hence would be appointed as mayor pro temp, with the other two newly elected members being in third and fourth posi�ons. 380
Q.

Mayor Rotation Page 3 of 4
The only caveat to this procedure would be if the person who had just served as mayor either not being re-elected or choosing not to run. In that case, and depending on the number of newly elected council members, a newly elected council member could be in the fi�h, fourth or third posi�on in the rota�on.

3. Finally, if a council member who would otherwise be in line to be selected as mayor chooses not to be appointed, the appointment would be deferred for a year, and that person will remain as mayor pro temp. Council would then appoint as mayor the council member who was in third posi�on. The following year, Council would select as mayor the council member who deferred. As to the council member who deferred, when that member’s mayoral term is over, that council member, rather than moving into the fi�h or last posi�on, would be placed in the fourth posi�on, so as not to lose the person’s overall posi�on in the rota�on.

If the Council were to direct this item be placed on the November 2024 ballot, the ballot ques�on would ask “Shall an ordinance establishing procedures for appoin�ng the Mayor and Mayor Pro-Tempore be adopted? Yes/No”
In addi�on, if the Council were to direct that this item be placed on the November 2024 ballot, the resolu�on would authorize the City Council to submit arguments and rebutals for or against the Ordinance. The resolu�on would also provide the City Clerk to transmit a copy of the ordinance to the City Atorney to prepare an impar�al analysis of the effects of the ordinance on exis�ng law and opera�on of the ordinance.

If the ordinance received a majority vote of those vo�ng on it, the ordinance would be in effect and could only be changed by a future vote of the electorate. The Ordinance would apply to the procedure concerning the appointment of Mayor for 2025 and therea�er.

Alterna�ve to Placing the Item on the Ballot
Unlike establishing City Council term limits which may only be adopted by the voters, City Council could, of course, choose to implement this procedure by the Council’s adop�ng an ordinance or a resolu�on, rather than taking the item to the voters. Procedures adopted by the Council, however, could then be changed by a vote of a future Council.

Fiscal Impact
There will be an addi�onal cost to the City to place this mater on the ballot. Elec�on costs are difficult to es�mate depending on the number of registered voters, the number of Brisbane items on the ballot, and ballot measures from other jurisdic�ons. Staff es�mates the cost to place one or two ballot measures on the ballot in the range of $19,000 to $27,000. There are funds in the City Clerk’s budget for this purpose.

Environmental Review
381
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Mayor Rotation Page 4 of 4
If a resolu�on placing the ordinance on the ballot were adopted, it would not be subject to environmental review because it concerns organiza�onal or administra�ve ac�vi�es of the City that in and of itself will not result in direct or indirect physical changes to the environment and, hence, it is not a project under the California Environmental Quality Act. Sec�on 15378 (b) (5), CEQA Guidelines.

Atachments:

1. Resolu�on 2016-06

2. Proposed Ordinance

3. Dra� Procedures for Removing a Mayor and Moving Council Members on the Mayoral Rota�onal List
Jeremy Dennis
_______________________ _______________________
Jeremy Dennis, City Manager Ingrid Padilla, City Clerk
_________________________
Michael Roush, Legal Counsel
382
Q.
. Attachment 1
383
Q.
1 Exhibit A

CITY OF BRISBANE APPOINTMENT OF MAYOR AND MAYOR PRO TEMPORE MEASURE ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF BRISBANE ADDING CHAPTER 2.40 (APPOINTMENT OF

MAYOR AND MAYOR PRO TEMPORE) TO THE BRISBANE MUNICIPAL CODE WHEREAS, State law provides that the Mayor and Mayor Pro Tempore of a general law city, such as Brisbane, are appointed by the City Council; WHEREAS, the City Council by resolution has established procedures by which the City Council will appoint the Mayor and Mayor Pro Tempore but these procedures are only guidelines; and
WHEREAS, City Council would like to establish procedures by which the Mayor and Mayor Pro Tempore are appointed that are more than guidelines; and WHEREAS, State law allows a City Council to submit to the voters a measure to establish procedures by which City Council will appoint the City’s Mayor and Mayor Pro Tempore.

NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE CITY OF BRISBANE AND THE CITY COUNCIL OF THE CITY OF BRISBANE THAT:

Section 1. Ordinance.

The Brisbane Municipal Code is hereby amended by adding a new Chapter, Chapter 2.40, Appointment of Mayor and Mayor Pro Tempore, to read as follows:
“Section 2.40.010. Definitions
A. Current Council Member. A current Council Member is a Council Member who served in the City Council’s most recent term of office, even if, at the time City Council appoints the Mayor and Mayor Pro Tempore, the person had been reelected to the City Council.

B. Newly Elected Council Member. A newly elected Council Member is a person who at the most recent election was elected but did not serve in the immediate term of office before the election
Section 2.40.020 Appointment of Mayor and Mayor Pro Tempore on Rotational Basis Annually and in December, City Council shall meet and appoint from its members on a rotational basis a Mayor and Mayor pro-temp as provided in this Ordinance. The Mayor and Mayor pro-temp shall serve until the City Council selects their successors.

Attachment 2
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2 Section 2.40.030 Appointment Procedures.

A. As to a current Council member, the length of time that has elapsed since the Council Member served as Mayor shall be determined. City Council shall appoint as Mayor the current Council Member with the greatest length of time since that Council Member served as Mayor. City Council shall appoint as Mayor Pro Tempore the current Council Member with second longest length of time since that Council Member served as Mayor. The current Council Member with the third longest length of time since the Council member served as Mayor shall be in third position as to the rotation. The current Council Member with fourth longest length of time since the Council member served as Mayor shall be in fourth position as to the rotation.

The current Council Member who just served as Mayor shall be in the last or fifth position.

B. A newly elected Council Member shall be placed in fourth position in the rotation, immediately ahead of the current Council Member who served as Mayor in the previous term of office. If there are two newly elected Council Members, the Council Member with the higher number of votes shall be placed in third position in the rotation and the other Council Member shall be placed in the fourth position in the rotation. If there are three newly elected Council Members, the Council Member with the highest number of votes shall be appointed as Mayor Pro Tempore the Council Member with the second highest number of votes shall be placed in third position in the rotation, and the other Council Member shall be placed in fourth position in the rotation. If the Council Member who served as Mayor in the previous term of office was not re-elected or chose not to run, the newly elected Council Members shall be placed in the third, fourth, and fifth position in the rotation, depending on the number of newly elected Council Members and the number of votes each Council Member received.

C. If a Council Member who would otherwise be in line to be appointed Mayor chooses not to be appointed, that person’s appointment shall be deferred for one year, and the Council Member will remain Mayor Pro Tempore. City Council shall then appoint as Mayor the Council Member who was in third position in the rotation. The following year, City Council shall appoint as Mayor the Council Member who deferred. As to the Council member who deferred the Mayoral appointment for one year, when that Council Member’s Mayoral term of office is over, that Council Member, rather than moving into fifth or last position, will be placed in fourth position in the rotation. If a Council Member chooses to defer the Mayoral appointment two years in row, the Council Member will be placed in third position in the rotation.
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3 D. Nothing in this Section 2.40.030 precludes or prevents the City Council from removing a Current Council Member as Mayor, or moving a Council Member’s position on the Mayoral rotational list, if the City Council has adopted such procedures for so doing including, but not limited to, the grounds, timing and consequences.”
Section 2. Environmental Clearance
This Ordinance is not a project for purposes of the California Environmental Quality Act (CEQA). Continuing administrative activities such as general policy and procedure making except as they are applied to specific instances that have a direct or indirect effect on the environment are not projects. CEQA Guidelines, Section 15378 (b) (2). This Ordinance will have no direct or indirect effect on the environment.

Section 3. Severability
If any provision of this Ordinance or the application to any person or circumstance is held invalid the remainder of the Ordinance and application of such provision to other persons or circumstances shall not be affected thereby.

Section 4. Effective Date.

This Ordinance shall take effect only if adopted by the electorate at an election to be held on November 5, 2024.

Mayor of the City of Brisbane
Attest:

Ingrid Padilla, City Clerk
APPROVED by the following vote of the People of the City of Brisbane on November 5, 2024:

YESES
NOES
ADOPTED by Declaration of the vote at the November 5, 2024 election by the City Council of the City of Brisbane on December ______, 2024.

Ingrid Padilla, City Clerk
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4 Approved as to form:

Thomas R. McMorrow, City Attorney
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Atachment 3
Dra� Procedures for Removing a Mayor & Moving Council Members on the Mayoral Rota�onal List
A. Grounds for Removing a Council Member as Mayor or Changing a Council Member’s Position on the Mayoral Rotational List

1. If a sitting Council Member, or any other Council Member, is alleged to have behaved in a manner inconsistent with their office, within 30 days of the alleged behavior having come to the City’s attention, the disinterested Members of the City Council shall hear the allegation and determine by majority vote whether the allegation warrants further review.

2. If the City Council determines that an allegation warrants further review, the City Attorney shall be solely responsible for conducting the review, directly or indirectly, and reporting back to the City Council on the results of the review within 90 days.

3. In carrying out its Section 2 review, the City Attorney shall, at minimum, determine whether one or more of the following have occurred.
a. The Council Member has pled guilty, pled no contest to, or has been convicted of a felony.
b. The Council Member is found by the Fair Political Practices Commission to have violated the state Political Reform Act, or the Council Member has conceded to an allegation that they violated the Act.
c. An outside law enforcement agency finds or has found that a Council Member has engaged in a physical altercation with another Council Member or City staff, and that the Council Member instigated or escalated the altercation. d. An outside investigator, retained by the City Attorney, finds or has found that a Council Member disclosed confidential information, whether provided in closed session or otherwise, for the purpose of influencing the outcome of a decision. e. An outside investigator, retained by the City Attorney, finds or has found that a Council Member violated the City’s Sexual Harassment Policy. f. An outside investigator, retained by the City Attorney, finds that the Council Member was under the influence of alcohol or drugs during a City Council meeting.
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B. Timing
The City Council must initiate the process to remove a Council Member as Mayor, or to move a Council Member’s position on the mayoral rotation list, within one year from a finding reported by the City Attorney under Section 3.

C. Consequences
If the City Attorney reports a finding against a Council Member under Section A3, the four (4) disinterested Council Members shall determine the consequence of the finding:

1. If the Council Member is serving as Mayor when a finding under Section A3 is reported to the City Council, the four (4) disinterested Council Members shall determine by [majority/unanimous] vote whether the Council Member shall be removed as Mayor and placed in the fifth position on the mayoral rotation list. Such removal will occur even if the event that caused the removal occurred while the Council Member was not serving as Mayor.

2. If a Council Member is not serving as Mayor when a finding under Section A3 is reported to the City Council, the four (4) disinterested Council Members shall determine by [majority/unanimous] vote whether the Council Member shall be held back one year on the mayoral rotation list.
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Brisbane City CouncilJuly 18, 2024

Brisbane City Council
July 18, 2024