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CITYof BRISBANE
Thursday, October 17, 2024 at 7:30 PM ● Hybrid Meeting 50 Park Place, Brisbane, CA The public may observe/participate in City Council meetings using remote public comment options or attending in person. City Council members shall attend in person unless remote participation is permitted by law. The City Council may take action on any item listed in the agenda.
TO ADDRESS THE COUNCIL
IN PERSON
Location: 50 Park Place, Brisbane, CA 94005, Community Meeting Room Councilmember Davis will join via teleconference at 251 Mendocino St. Brisbane, CA.
Masking is not required but according to the California Department of Public Health guidelines, people at higher risk for severe illness should consider masking. To help maintain public health and safety, we respectively request that people not attend in-person if they are experiencing symptoms associated with COVID-19 or are otherwise ill and likely contagious (e.g., respiratory illnesses).
To address the City Council on any item – whether on the posted agenda or not – please fill out a Request to Speak Form located in the Community Meeting Room Lobby and submit it to the City Clerk. Speakers are not required to submit their name or address.
REMOTE PARTICIPATION
Members of the public may participate in the City Council meeting by logging into the Zoom Webinar listed below. City Council meetings may also be viewed live and/or on-demand via the City’s YouTube Channel, youtube.com/brisbaneca, or on Comcast Ch. 27. Archived videos may be replayed on the City’s website, brisbaneca.org/meetings. Please be advised that if there are technological difficulties, the meeting will nevertheless continue if remote participation is available.
The agenda materials may be viewed online at brisbaneca.org at least 72 hours prior to a Regular Meeting, and at least 24 hours prior to a Special Meeting.
Remote Public Comments:
Remote meeting participants may address the City Council via Zoom Webinar. Aside from commenting personally while in the Zoom Webinar, you can also use the call in number. The public comments received will be noted for the record during Oral Communications 1 and 2 or during an agenda item. We encourage you to email comments on or not on agenda items in advance of the meeting to [email protected].
That email address, however, will not be monitored during the meeting and emails received during the meeting will not be responded to or brought to the attention of the City Council during the meeting.
Join Zoom Webinar: zoom.us (please use the latest version: zoom.us/download) brisbaneca.org/cc-zoom
Webinar ID: 991 9362 8666
Call In Number: 1 (669) 900-9128
Note: Callers dial *9 to “raise hand” and dial *6 to mute/unmute.
City Council Meeting Agenda
1 October 17, 2024 - 2 - 7:30 PM
SPECIAL ASSISTANCE
If you need special assistance to participate in this meeting, please contact the City Clerk at (415) 508- 2113. Notification in advance of the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
WRITINGS THAT ARE RECEIVED AFTER THE AGENDA HAS BEEN POSTED Any writings that are received after the agenda has been posted but before 4pm of the day of the meeting will be available for public inspection at the front lobby in City Hall and on the internet (brisbaneca.org/meetings). Any writings that are received after 4pm of the day of the meeting will be distributed to the Council and made available for public inspection at the front lobby and on the internet the day after the meeting (brisbaneca.org/meetings).
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
ADOPTION OF AGENDA
ORAL COMMUNICATIONS NO. 1
AWARDS AND PRESENTATIONS
B. Proclamation for Domestic Violence Prevention Month
C. The Great Shake Out-- Earthquake Preparedness Update
CONSENT CALENDAR
D. Approve Minutes of City Council Meeting of October 3, 2024 E. Approve Minutes of City Council Special Meeting of October 3, 2024 F. Approve Minutes of City Council Meeting of September 5, 2024 G. Approve the “Amended and Restated Emergency Intertie Agreement” and Authorize the City Manager to Sign the Document on the City’s Behalf
(The environmental documents for development at 800-1800 Sierra Point Parkway and 3000-3500 Marina Boulevard both required mitigations to modify an existing water intertie agreement between the City of Brisbane and the California Water Service 2 October 17, 2024 - 3 - 7:30 PM
Company, and the need to modify the existing 16” interconnection. The cost of constructing the modified interconnection is borne by the two developments. The proposed agreement and the foreseen modification of the existing intertie were both reviewed and previously received CEQA clearance. No further review is required.) H. Adopt the Resolution to Revise the Start Date for a Trial Residential Parking Permit Program on Thomas Ave on November 1, 2025
I. Adopt a Resolution to Revise the Conflict of Interest Code to Include New Classifications or Categories of Public Officials
J. Adopt a Resolution to Amend the Master Pay Schedule to Meet the New Minimum Wage Requirement
OLD BUSINESS
K. City Council Consideration of R-BA Zoning District Issues Including Protection of CityOwned Open Space, Public Street Standards and Related Development Standards, Ownership of Non-Public Roadways, And Solar Shading
(These issues were raised in the City Council's consideration of 2024-RZ- 1 on September 5, 2024 but the issues were largely collateral to the item itself; City staff has placed these issues on the agenda for Council consideration.)
PUBLIC HEARING
L. Consider Introducing an Ordinance Approving a Zoning Text and Map Amendment 2024- RZ-1, Overlay to R-1 Residential District and the R-BA Brisbane Acres Residential District in Entirety
(It is being recommended to introduce an ordinance approving a 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 environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183.
This item was on and discussed at the City Council Meeting of September 5, 2024; the public hearing was closed but the item continued to a future date.) M. Consider Adoption of a Resolution of the City Council of the City of Brisbane Amending the Community Health and Safety Element of the General Plan to Incorporate the City of Brisbane’s 2021 Local Hazard Mitigation Plan into the Element (To purpose of this item is to amend the Community Health and Safety Element of the General Plan to reflect the most recently adopted Local Hazard Mitigation Plan to 3 October 17, 2024 - 4 - 7:30 PM
comply with State Assembly Bill 2140.This project is exempt from environmental review under CEQA Guidelines Section 15061(b)(3).)
N. Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide
(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 on the City Council Meeting of September 5, 2024 but not discussed at this time.)
STAFF REPORTS
O. City Manager’s Report on Upcoming Activities
MAYOR/COUNCIL MATTERS
P. Countywide Assignments and Subcommittee Reports
Q. Written Communications
ORAL COMMUNICATIONS NO. 2
ADJOURNMENT
4 File Attachments for Item:
C. The Great Shake Out-- Earthquake Preparedness Update 5 CITY COUNCIL AGENDA REPORT
Earthquake Preparedness Page 1
Meeting Date: October 17, 2024
From: Director of Public Works/City Engineer
Subject: Update on Earthquake Preparedness
Community Goal/Result: Safe Community
Recommendation: Receive the update
Background
The Earthquake Country Alliance (ECA) in partnership with the Statewide California Earthquake Center, annually sponsors a “Shakeout” to motivate individuals, businesses and government to prepare for the inevitable seismic event. The city does not participate in this event as an active scenario member, but with full credit given to the original author of the attached (ECA), we are sharing the useful information provided by the Shakeout sponsors..
Attachments
1. Slide deck on earthquake safety
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager
6 C.
The complete and detailed information for each of the Seven Steps can be found at:
https://www.earthquakecountry.org/sevensteps/
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C.
File Attachments for Item:
D. Approve Minutes of City Council Meeting of October 3, 2024 13 BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING AGENDA
THURSDAY, SEPTEMBER 19, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor O’Connell called the meeting to order at 7:41 P.M. and led the Pledge of Allegiance.
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made a request under the Emergency Circumstances of AB 2449. Councilmember Davis will join via Teleconference at 251 Mendocino St. Brisbane, California. Councilmember Cunningham will join via Teleconference at 1826 Birdie Lane, Henderson, Nevada.
Councilmembers present: Councilmembers Cunningham, Davis Lentz, Mackin, and Mayor O’Connell Councilmembers absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Economic Development Director Bull, Assistant to the City Manager Cheung, Economic Development Director Bull, Parks and Recreation Director Leek, Inspector Preston and Administrative Management Analyst Ibarra
ADOPTION OF AGENDA
Councilmember Lentz made a motion, seconded by Councilmember Mackin, to approve the City Council Meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
14 D.
City Council Meeting Minutes
September 19, 2024
AWARDS AND PRESENTATIONS
B. Declaring October 6-11, 2024 as Fire Prevention Week Mayor O’Connell proclaimed October 6th – 12th, 2024, as Fire Prevention Week throughout this city. Urging all the people of Brisbane to be aware of their surroundings, look for available ways out in the event of a fire or other emergency, respond when the smoke alarm sounds by exiting the building immediately, and support the many public safety activities and efforts of North County Fire Authority and emergency services during Fire Prevention Week 2024.
Inspector Preston accepted the proclamation on behalf of the North County Fire Authority.
C. Presentation: Overview of the Public Art Master Plan Survey Results Parks and Recreation Director Leek provided an overview community engagement activities, the Public Art Master Plan Survey results, the Mission and Vision and Selection Criteria for public art and next steps.
According to the survey, 94% want more public art, 81% don’t understand the public art selection and funding process, 79% believe public art strengthens identity, and 81% want art in parks.
Parks and Recreation Director Leek added that in November 2024, a draft Master Plan will be forwarded to the Public Art Advisory Committee for review and revisions and in December of 2024 – January of 2025 a draft Master Plan will come before the City Council for consideration, revisions, and adoption.
ORAL COMMUNICATIONS NO. 1
No members of the public wished to make public comment.
CONSENT CALENDAR
D. Approve Investment Report as of August 2024
E. Approve City Council Closed Session Meeting Minutes of August 28, 2024 F. Approve City Council Closed Session Meeting Minutes of September 5, 2024 G. Approve City Council Meeting Minutes of September 5, 2024 H. Approve City Council Closed Session Meeting Minutes of September 19, 2024 I. Approve City Council Meeting Minutes of September 19, 2024 J. Approve the Brisbane Lions Club Worldwide Candle Lighting as a Cosponsored Event K. Adopt an Ordinance of the City of Brisbane, Waiving Second Reading, Amending Chapter 3.24 of the Brisbane Municipal Code Concerning Voluntary Collection Agreement with Hosting Platforms for the Collection and Payment of Transient Occupancy Taxes
15 D.
City Council Meeting Minutes
September 19, 2024
Staff proposed to pull Consent Calendar Item G due to a request from a member of the public. It will be reagendized at a future City Council meeting.
Councilmember Cunningham made a motion, seconded by Councilmember Lentz, to approve the Consent Calendar Items D-F and H-K. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
NEW BUSINESS
L. Consider Recommendations of Use of State and Local Fiscal Recovery Funds (SLFRF) Finance Director Yuen reported that the purpose of this item is for Council to provide a list of recommended projects to review and consider on how to use remaining funds received through the State and Local Fiscal Recovery Funds program (SLFRF). Staff is recommended that City Council consider recommendations on how to use remaining funds from the SLFRF program and, if there is an interest in one or more projects, direct staff to return such projects to Council for further consideration.
Finance Director Yuen added that she forwarded a correspondence to the Council earlier in the day, reporting that the Fiscal Impact Section of the attached report should have clarified that a selection of a new project will increase expenses to the extent of any new projects selected for FY2025, potentially increasing our budgeted deficit. If we were to use the full remaining award in FY2025, the General Fund budgeted deficit will grow from $2.699 Million to $3.589 Million. Any increase would be offset by savings found during the budget year.
After Council questions, Michael Barnes advocated for the Crocker Trail CEQA plan to be prioritized for the SLFRF program. He added that it is important to provide active recreation to the community such as exercise stations and bicycle skills features.
After further Council discussion, Councilmember Lentz made a motion, seconded by Councilmember Davis, to recommend the Crocker Trail CEQA plan ($150,000) and the Mission Blue Center Renovation designs ($45,000) for the SLFRF program. The motion passed with a 3 to 1 vote.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: Councilmember Mackin and Mayor O’Connell
Absent: None
Abstain: None
STAFF REPORTS
M. City Manager’s Report on Upcoming Activities
City Manger Dennise reported on the latest news and upcoming City events.
MAYOR/COUNCIL MATTERS
16 D.
City Council Meeting Minutes
September 19, 2024
N. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their countywide assignment meetings.
O. Written Communications
Council received the following correspondence:
Yuen (10/3/24) Fiscal Impact on SLFRF and ARPA Funds
Follien (10/3/24) SLFRF Item l
ORAL COMMUNICATIONS NO. 2
Chris Florkowski, in response to previous commenter, expressed her appreciation for the work of the Council and staff.
ADJOURNMENT
Mayor O’Connell congratulated Councilmember Davis on the birth of her son.
Mayor O’Connell adjourned the meeting at 8:35 P.M.
_______________________
Ingrid Padilla
City Clerk
17 D.
File Attachments for Item:
E. Approve Minutes of City Council Special Meeting of October 3, 2024 18 BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL SPECIAL MEETING AGENDA
THURSDAY, OCTOBER 3, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:00 P.M. WORKSHOP
Mayor O’Connell called the meeting to order at 6:06 p.m. Councilmember Davis joined via Teleconference at 251 Mendocino St. Brisbane, California. Councilmember Cunningham joined via Teleconference at 1826 Birdie Lane, Henderson, Nevada.
A. Approval of the Special Meeting Agenda
Councilmembers Mackin made a motion, seconded by Councilmember Lentz to approve the special meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin and Mayor O’Connell Noes: None
Absent: None
Abstain: None
B.Discuss Draft Code of Conduct
City Manager Dennis reported that the Best Practices Ad Hoc Subcommittee focused on a high-level “code of conduct” document based on the Town of Colma’s document. It is being recommended for Council to direct staff or the Subcommittee to finalize a Code of Conduct based on Council’s discussions at the workshop. Councilmembers Davis and Lentz, as the Best Practices Ad Hoc Subcommittee members, provided a recap on why the Town of Colma’s Code of Conduct was a good foundation on how councilmembers and staff should treat each other personally and professionally.
After Council questions, no public comment and Council discussion, Councilmembers directed staff to draft a document that will compile the proposals from the Best Practices Subcommittee, Councilmembers’ additional input, and the California Fair Political Practices Commission (FPPC) mandates. The Council agreed to discuss this matter again at a future City Council Special Meeting in a workshop format.
ADJOURNMENT
The meeting was adjourned by Mayor O’Connell at 7:30 p.m. _______________________
Ingrid Padilla
City Clerk
19 E.
File Attachments for Item:
F. Approve Minutes of City Council Meeting of September 5, 2024 20 BRISBANE CITY COUNCIL
ACTION MINUTES
CITY COUNCIL MEETING AGENDA
THURSDAY, SEPTEMBER 5, 2024
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
7:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor O’Connell called the meeting to order at 7:31 P.M. and led the Pledge of Allegiance.
ROLL CALL
A. Consider any request of a City Councilmember to attend the meeting remotely under the “Emergency Circumstances” of AB 2449
No Councilmembers made a request under the Emergency Circumstances of AB 2449.
Councilmembers present: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell Councilmembers absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, City Engineer Breault, Community Development Director Swiecki, Senior Planner Johnson, Assistant to the City Manager Cheung, Economic Development Director Bull, Deputy Fire Chief Abelson, Police Commander Garcia, and Administrative Management Analyst Ibarra
REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers took action on Liability Claim Item D and Liability Claim Item E.
ADOPTION OF AGENDA
Councilmember Cunningham made a motion, seconded by Councilmember Mackin, to approve the City Council Meeting agenda as it stands. The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
21 F.
City Council Meeting Minutes
September 5, 2024
ORAL COMMUNICATIONS NO. 1
David Schooley spoke about his concern for the Oak Grove at the entrance of Brisbane.
Michael Barnes congratulated the Council for the High Speed Rail agreement and asked the City to provide Bicycle Accident Reports by the Police Department on the City’s website as noted in the City’s response to a Grand Jury report on bicycle safety.
Michele Salmon thanked the council for the High Speed Rail resolutions.
Del Schembari shared a leaflet from the Mountain Butterfly Collective to stop the development of the quarry.
CONSENT CALENDAR
B. Approve Minutes of City Council Special Meeting of July 15, 2024 C. Approve Minutes of City Council Closed Session Meeting of July 18, 2024 D. Approve Minutes of City Council Meeting of July 18, 2024 E. Approve Investment Report as of June 2024
F. Approve Investment Report as of July 2024
G. Approve Response to Grand Jury Report on Restaurant Exteriors: The Neglected Space H. Approve Response to Grand Jury Report on the State of Compost Compliance in San Mateo County I. Adopt a Resolution “Authorizing the Director of Public Works/City Engineer to execute agreements with the California Department of Transportation for a Brisbane Lagoon and U.S. Highway 101 Adaptation Planning Study”
(The grant award amount is $259,920. Once the grant is finalized, city staff will request an obligation of $34,000 to meet the required local match.)
J. Approve Resolutions Appointing Committee Members from Open Space Ecology Committee, Inclusion, Diversity, Equity, and Accountability Committee, Complete Streets Safety Committee and San Mateo County Mosquito and Vector Control District Board of Trustees K. Authorize staff to publish the Public Art RFP to solicit prospective artists for the Alvarado to San Benito Stairway as recommended by the Public Art Advisory Committee L. Approve David L. Brown Productions’ 25th Anniversary documentary screening as a cosponsored event
M. Award the Smart Corridors Northern Cities - Brisbane construction contract (Project No. 924D) to Bear Electrical Solutions, Inc. in the amount of $2,915,935 and authorize the mayor to sign the Agreement on behalf of the City
Councilmember Cunningham made a motion, seconded by Councilmember Mackin, to approve Consent Calendar Items B-M. The motion passed unanimously by all present. 22 F.
City Council Meeting Minutes
September 5, 2024
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
N. Approve Excelsior Running Club’s 6th Annual Star City San Bruno Mountain Half Marathon and 5K as a cosponsored event
Due to a conflict of interest, Councilmember Lentz left the room and recused himself from voting on this item. Councilmember Davis made a motion, seconded by Councilmember Cunningham, to approve Consent Calendar Item N. The motion passed 4 votes and 1 recusal.
Ayes: Councilmembers Cunningham, Davis, Mackin, and Mayor O’Connell.
Noes: None
Absent: None
Abstain: None
Recused: Councilmember Lentz
O. Approve the Sierra Point Yacht Club’s 2024 Regatta as a cosponsored event Due to a conflict of interest, Mayor O’Connell left the room and recused herself from voting on this item.
Councilmember Davis made a motion, seconded by Councilmember Lentz, to approve Consent Calendar Item O. The motion passed 4 votes and 1 recusal.
Ayes: Councilmembers Cunningham, Davis, Lentz and Mackin Noes: None
Absent: None
Abstain: None
Recused: Mayor O’Connell
AWARDS AND PRESENTATIONS CONTINUED
P. Swearing In Newly Appointed Committee Members
City Clerk Padilla administered the Oath Or Affirmation of Allegiance for Public Officers for the newly appointed committee members:
• Anthony Walker, Open Space & Ecology Committee term through 2026 • Michael Goldman, San Mateo County Mosquito & Vector Control District Board of Trustee term through 2028
• Paul Bouscal, Complete Streets Safety Committee term through 2028 • Emily Wirowek, Complete Streets Safety Committee term through 2028 • Lailah Khalil, Inclusion, Diversity, Equity, and Accountability Committee term through 2026 • Carol Zoltowski, Inclusion, Diversity, Equity, and Accountability Committee term through 2026 Quita Highsmith was appointed to the Inclusion, Diversity, Equity, and Accountability Committee with a term through 2026. She was not able to attend the City Council Meeting and will be sworn in at a later time. 23 F.
City Council Meeting Minutes
September 5, 2024
Q. Proclaiming September as National Preparedness Month Mayor O’Connell proclaimed September 2024 as National Preparedness Month and encouraged all Brisbane residents to increase their knowledge and awareness of proper safety measures to follow before, during, and after a disaster.
Deputy Fire Chief Abelson accepted the proclamation on behalf of North County Fire Authority.
CONTINUED PUBLIC HEARING
R. Consider Introducing an Ordinance Approving a Zoning Text and Map Amendment 2024-RZ-1, Overlay to R-1 Residential District and the R-BA Brisbane Acres Residential District in Entirety (It is being recommended to introduce an ordinance approving a zoning text and map amendment 2024-RZ1 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 environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183. This item was continued from the City Council Meeting of June 6, 2024 and July 18, 2024.) Community Development Director Swiecki presented a graphic to explain what happens in Brisbane with the proposed ordinance and without the proposed ordinance.
After Council questions, Mayor O’Connell opened the public hearing.
Peter Sutherland shared his concerns about road safety and the quality of soil in the acres.
Stephen Goodwin shared his public health and safety concerns about the proposed Ordinance.
Rachel asked what the federal protections for the trees are.
Tom Heinz commented there is strength in numbers to join the other cities against SB 9.
Sherry Goodwin submitted petitions signed by 224 members of the public not to approve the Ordinance and have the public decide on the issue through an election.
Linda Salmon commented that the residents need protection from earthquakes, mudslides and fires.
DeeDee Porter commented that she signed the petition to prevent overdevelopment in the area above Kings Road and that she should have read up more on the proposed ordinance, SB 9 and SB 1037. She added that the ordinance does not mandate that we develop the Acres and that SB 9 cannot be implemented in areas that do not have infrastructure. The ordinance will also help protect the City more and not lessen restrictions. All of this is public opposition is to SB 9 and not the council's proposed ordinance.
Michele Salmon asked the Council to read the Open Space Ecology Committee letter regarding this issue and delay the vote for two more weeks.
Prem Lall asked for more information about the trust-like option for Open Space.
Paul Bouscal agrees with developing plans to protect the Acres.
Leesa Greenlee agrees with developing plans to protect the Acres if it is just a matter of semantics. She also shared her concerns about Margaret Road.
Ron Coloma commented that Council should preserve the property rights of property owners in the lower acres.
Michele Salmon, Peter Sutherland, Dana Dillworth and Paul Bouscal added follow up comments.
Councilmember Cunningham made a motion, seconded by Councilmember Davis, to close the public hearing.
The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell. 24 F.
City Council Meeting Minutes
September 5, 2024
Noes: None
Absent: None
Abstain: None
After a brief break, Council continued the public hearing Item R to a future City Council meeting in order for staff to provide more information to Council on zoning district issues including protection of Cityowned open space, public street standards and related development standards, ownership of non-public roadways, and solar shading.
S. Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide (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 and July 18, 2024.) Due to the late hour, Continued Public Hearing Item S was not discussed and will be continued to a future meeting.
STAFF REPORTS
T. City Manager’s Report on Upcoming Activities
City Manager Dennis reported on an upcoming event.
MAYOR/COUNCIL MATTERS
U. Update on Vacancy on the Open Space Ecology Committee and IDEA Committee City Clerk Padilla reported that Committee Member Glenn Fieldman from OSEC and Miyoko Nida from the IDEA Committee had resigned from their committees. Councilmembers directed Clerk Padilla to begin recruitment to fill these two seats and other expiring seats in 2025. Interviews will be scheduled January of 2025.
V. Update on the City Council Meeting 2024 Schedule
Councilmembers approved the remaining schedule for the City Council Meetings of 2024, which includes the following:
October 3, 2024 Proposed Special Meeting Best Practices/Code of Conduct Workshop October 17, 2024 Regular Meeting
November 7, 2024 Regular Meeting
November 21, 2024 Special Meeting (Mayoral Rotation) & Regular Meeting December 5, 2024 Regular Meeting
December 12, 2024 Special Meeting for the City Council Reorganization December 19, 2024 Meeting Cancellation
25 F.
City Council Meeting Minutes
September 5, 2024
W. Countywide Assignments and Subcommittee Reports
Councilmembers reported on their county wide assignments and subcommittee activities.
X. Written Communications
City Clerk Padilla reported that written communication were received from the following:
Faust (7/23/24) Silverspot Nursery Lease and Funding
Dillworth (8/24/24) Rezone Editor
Ames (8/24/24) Rezoning Brisbane Acres
Nunan (8/28/24) OSEC Response Letter to Rezoning Proposal Goodwin (9/1/24) Reject 2024 RZ1 and RZ2
Ramirez (9/3/24) Fire in the Ring
Dillworth (9/5/24) Rezoned
ORAL COMMUNICATIONS NO. 2
No member of the public wished to make public comment.
ADJOURNMENT
Mayor O’Connell adjourned the meeting at 10:52 P.M.
_______________________
Ingrid Padilla
City Clerk
26 F.
File Attachments for Item:
G. Approve the “Amended and Restated Emergency Intertie Agreement” and Authorize the City Manager to Sign the Document on the City’s Behalf
(The environmental documents for development at 800-1800 Sierra Point Parkway and 3000- 3500 Marina Boulevard both required mitigations to modify an existing water intertie agreement between the City of Brisbane and the California Water Service Company, and the need to modify the existing 16” interconnection. The cost of constructing the modified interconnection is borne by the two developments. The proposed agreement and the foreseen modification of the existing intertie were both reviewed and previously received CEQA clearance. No further review is required.)
27 CITY COUNCIL AGENDA REPORT
Emergency Water Intertie Agreement Page 1 of 2
Meeting Date: October 17, 2024
From: Director of Public Works/City Engineer
Subject: Emergency Water Intertie Agreement
The environmental documents for development at 800-1800 Sierra Point Parkway and 3000-3500 Marina Boulevard both required mitigations to modify an existing water intertie agreement between the City of Brisbane and the California Water Service Company, and the need to modify the existing 16” interconnection.
Community Goal/Result: Safe Community
Purpose
To complete mitigations required in environmental documentation for Sierra Point developments.
Recommendation
Approve the “Amended and Restated Emergency Intertie Agreement” and authorize the City Manager to sign the document on the city’s behalf.
Background
The City and California Water Service Company (CWS) have an existing emergency intertie in the median of Shoreline Court, generally at Brisbane’s southern limit with South San Francisco (almost directly across from the entrance to Homewood Suites at 2000 Shoreline Court). This existing intertie is manually operated and has been used over the years when one or the other of the connected water systems anticipates low water pressure in their system due to scheduled maintenance.
The environmental clearance for the 800-1800 Sierra Point Parkway identified both the need to modify the agreement with CWS and the need to install a pressure reducing/sustaining valve:
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28 G.
Emergency Water Intertie Agreement Page 2 of 2
The requirement to modify the existing interconnection was also identified as a mitigation measure for the 3000-3500 Marina Boulevard project:
Discussion
The purpose of these mitigations was to provide automatic bidirectional flow of water in the event of an emergency drop in water pressure in either system.
Fiscal Impact
The cost of constructing the modified interconnection is borne by the two developments.
Measure of Success
Completed mitigation measures.
Environmental Review
The proposed agreement and the foreseen modification of the existing intertie were both reviewed and previously received CEQA clearance. No further review is required.
Attachments
1. Amended and Restated Emergency Intertie Agreement
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 2 of 14
29 G.
AMR Emergency InterƟe Agreement_Brisbane_Cal Water Page 1 of 9
AMENDED AND RESTATED
EMERGENCY INTERTIE AGREEMENT
(SSF/Shoreline Court and Sierra Point, Brisbane)
This AMENDED AND RESTATED EMERGENCY INTERTIE AGREEMENT (this “Agreement”) is entered into this (the “EffecƟve Date”) by and between the CITY OF BRISBANE, a municipal corporaƟon (“Brisbane”), and the CALIFORNIA WATER SERVICE COMPANY, a California corporaƟon (“Cal Water”). Brisbane and Cal Water may be referred to individually as a “Party” or collecƟvely as the “ParƟes”.
BACKGROUND
A. The ParƟes are engaged in the supply of water in the County of San Mateo in conƟguous service areas; and
B. Each Party has its own water supply and, under usual and ordinary operaƟng condiƟons, neither Party would usually need or purchase water from the other Party.
C. The ParƟes believe it is reasonable and prudent to maintain an automated interconnecƟon of their respecƟve water systems so that Supplemental Water (defined below) may be supplied by one Party (as the “Suppling Party”) to the other Party (as the “Receiving Party”) upon a limited basis in cases of emergency, disaster, or a maintenance event, to help ensure or miƟgate the impacts of the temporary loss of water for a Receiving Party’s customers.
D. The ParƟes are or may be parƟes to one or more other wriƩen agreements or instruments concerning interƟes, cross-connecƟons, or similar arrangements and for similar purposes as this Agreement.
E. The ParƟes want to fully amend and restate any operaƟve and effecƟve agreements or instruments between the ParƟes concerning the interconnecƟon of their respecƟve systems, and for this Agreement to supersede and be the definiƟve agreement between the ParƟes with respect to the subject of this Agreement.
[Remainder of page intenƟonally leŌ blank.]
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AGREEMENT
NOW, THEREFORE, for and in consideraƟon of the terms and condiƟons below, the ParƟes agree as follows:
1. InterƟe
1.1. InstallaƟon. The ParƟes intend to build and then maintain an interƟe of their respecƟve water distribuƟon systems through a fixed piped interconnecƟon, including manually controlled valves, a bi-direcƟonal meter, a pressure reducing/pressure sustaining control valve, pressure relief valve, SCADA telemetry, protecƟon covers, sanitary sewer lateral with connecƟon to exisƟng nearby sanitary sewer main, concrete apron, wrought iron fencing/gate with security slats, roadway restoraƟon and a vault, lid and access ladder south of the intersecƟon of Sierra Point Parkway and Shoreline Court, including the faciliƟes and improvements shown in Exhibit A (collecƟvely, the “InterƟe”). Subject to Cal Water’s agreement, the ParƟes expect and intend Brisbane to do the iniƟal planning, design, permiƫng, construcƟon, and installaƟon of the InterƟe.
1.2. Brisbane POC. The “Brisbane POC” (i.e., point of connecƟon) is that porƟon of the InterƟe from Brisbane’s water main, originaƟng from the north, to the (southern) flange of the pressure reducing/pressure sustaining valve, including the pipes and all pipe appurtenances as shown on Exhibit A.
1.3. Cal Water POC. The “Cal Water POC“ is that porƟon of the InterƟe from Cal Water’s water main, originaƟng from the south, to the (southern) flange of the pressure reducing/pressure sustaining valve, including the pipes and all pipe appurtenances as shown on Exhibit A.
2. Design and ConstrucƟon
2.1. Design Standard. Brisbane will cause the InterƟe to be constructed by Brisbane’s contractors or agents according to applicable water industry and health standards and according to the plans, drawings, and specificaƟons that the ParƟes approve. Brisbane will not authorize its contractors or agents to begin construcƟon of the InterƟe unless the ParƟes have approved all of the final plans, drawings, and specificaƟons for the InterƟe. Brisbane will provide all plans, drawings, and specificaƟons for the InterƟe to Cal Water for approval before Brisbane intends to begin construcƟon.
2.2. ConstrucƟon Planning. Within a reasonable Ɵme before the construcƟon of the InterƟe begins, the ParƟes will agree on individual plans for a construcƟon shutdown, which may include limited or no reducƟon in service to exisƟng customers during the intended construcƟon period.
2.3. Tie-In; Acceptance. Physical connecƟon to the Cal Water system shall require Cal Water personnel to be on site and no connecƟon shall be made without Cal Water personnel onsite. Cal Water will not accept the Cal Water POC or Ɵe-in the InterƟe unless Cal Water has had a reasonable opportunity to inspect the InterƟe and the Cal Water POC (the “Tie-In Date”). The costs and expenses Cal Water may incur to inspect, test, accept and Ɵe-in the InterƟe may be paid or reimbursed to Cal Water by Brisbane. Within 30 days of Cal Water’s acceptance of the Cal Water 4 of 14
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AMR Emergency InterƟe Agreement_Brisbane_Cal Water Page 3 of 9 POC, Cal Water may deliver an invoice for its final costs and expenses for inspecƟon and Ɵe-in to Brisbane (the “Final Invoice”). Brisbane will cause the Final Invoice to be paid within 30 days of receipt of the Final Invoice.
3. OperaƟon and Maintenance
3.1. Ownership on Tie-In. From and aŌer the Tie-In Date, Brisbane will own the Brisbane POC and Cal Water will own the Cal Water POC. Brisbane will own the SCADA telemetry system and all related equipment for the interƟe and will allow Cal Water to connect so that both ParƟes may monitor the interƟe.
3.2. General Maintenance. From and aŌer the Tie-In Date, each Party will keep, operate, and maintain its respecƟve POC in good order and repair, reasonable wear and tear excepted, according to prudent uƟlity standards. Notwithstanding the generality of the forgoing, each Party will visually inspect its POC no less than one Ɵme during a 12-month period (i.e., every year), and conduct an operaƟonal test of its POC, including an accuracy check of the control valve pressure set points, and bidirecƟonal meter, no less than one Ɵme during a 24-month period (i.e., every two years). Each Party will promptly repair, restore, or replace any damaged, worn, or inoperable faciliƟes as reasonably necessary to ensure the safe operability of its POC.
3.3. Control Seƫngs. On or before the Tie-In Date, the ParƟes will agree on the pressure setpoints of the modulaƟng control valve of the InterƟe. Upon a Party’s request, the ParƟes will meet to review and agree on the applicable control seƫngs for modulaƟng control valve to ensure the InterƟe operates according to the purposes of this Agreement, and specifically to ensure that the water supplied and received under this Agreement is Supplemental Water.
3.4. Flushing Plan. The ParƟes shall independently develop a plan for regular, periodic flushing of potenƟally stagnant water to avoid water quality issues during the automated and unanƟcipated opening of the modulaƟng control valve. A minimum annual flushing frequency shall be maintained by both ParƟes. Costs for development and implementaƟon of the flushing plan shall be borne by the ParƟes individually. In conjuncƟon with flushing, and both ParƟes shall take a bacteriological sample for informaƟve purposes only (not included as part of each respecƟve ParƟes’ state-required sampling) and communicate the results to each other.
3.5. Reasonable Access. The ParƟes and their respecƟve employees, staff, and contractors and subcontractors (a “Party’s RepresentaƟve”) may access the other Party’s POC at reasonable Ɵmes and with at least 24 hours prior noƟce to the other Party to examine or test the valves, connecƟons, meters, pipes, hydrants, and other necessary equipment. Unless the ParƟes agree otherwise, a Party RepresentaƟve from each Party must be present at the Ɵme of examinaƟon or tesƟng. Each Party will be responsible for any damage, injury, death, or destrucƟon caused by or arising from its access or use of the other Party’s POC
3.6. AutomaƟon of InterƟe and SCADA Telemetry. Each Party’s buƩerfly valve shall be maintained in the normally closed posiƟon prior to the installaƟon and acceptance of the SCADA telemetry system. Only aŌer (i) the installaƟon of the fully funcƟoning SCADA telemetry and all related equipment have been completed and accepted by both ParƟes, (ii) Brisbane has noƟfied Cal Water of the compleƟon, and (iii) Cal Water has connected communicaƟons to its own SCADA system so it can 5 of 14
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AMR Emergency InterƟe Agreement_Brisbane_Cal Water Page 4 of 9 properly monitor and be alerted to any volumes of water flowing through the connecƟon, shall the buƩerfly valves be maintained in the normally open posiƟon. Acceptance of this work and equipment shall be at the sole discreƟon and saƟsfacƟon of Cal Water.
3.7. Supplemental Water. “Supplemental Water” is water from a Supplying Party’s water supply that is above and beyond the Supplying Part’s needs to meet its system and customer demands in its service area and is meant to be the water that a Party may require because of an emergency or disaster, failure of water supply, power failure for an extended period of Ɵme, mechanical failure of pumps or a major pipeline break, or similar event of emergency or maintenance.
3.8. Availability. The ParƟes’ obligaƟon to supply water under this Agreement is limited to a reasonable period of Ɵme to permit the Receiving Party to accomplish repairs to its own sources or to obtain water from other sources.
3.9. No DedicaƟon. Nothing in this Agreement shall be deemed to consƟtute a dedicaƟon of the water supply to either Party to service the territory of the other Party or to consƟtute a commitment to supply water to the other Party as a regular customer.
3.10. No Change to Service Area. Nothing in this Agreement shall be deemed to consƟtute a change in the respecƟve service areas of Brisbane or Cal Water.
3.11. Failure of Supply. Neither Party shall be responsible for damages for any failure to supply water or for interrupƟon of water supply.
3.12. QuanƟty and Quality of Water. Neither Brisbane nor Cal Water makes any representaƟon or warranty of any kind regarding the quanƟty, quality, or pressure of water available at any Ɵme through the InterƟe, except that the Supplemental Water will comply with the California State Water Resources Control Board’s Division of Drinking Water requirements. Notwithstanding the foregoing, the receiving Party is solely responsible for verifying or otherwise assuring for itself the quality of water entering its system and of any interacƟons or reacƟons of the water supplied with the Receiving Party’s water distribuƟon system and faciliƟes.
4. General ResponsibiliƟes
4.1. Payment. A Receiving Party will pay the Supplying Party for all water delivered in accordance with the Supplying Party’s tariff or rate schedule in effect at the Ɵme of delivering Supplemental Water to the Receiving Party. The rate used to calculate charges will be the Supplying Party’s lowest non-residenƟal water rate that is operaƟve at the Ɵme of delivering Supplemental Water. regardless of the total volume of water delivered to the Receiving Party. A Supplying Party will only charge a Receiving Party for the months in which Supplemental Water is actually delivered, and a Receiving Party will pay a Supplying Party within thirty (30) days aŌer a Receiving Party’s receipt of a bill from a Supplying Party. The amount of Supplemental Water delivered shall be esƟmated if condiƟons do not permit metered measurement.
4.2. Compliance with Laws. Each Party will obtain and maintain all applicable permits and prepare reports or plans as necessary or applicable to comply with applicable local, state, and federal laws, rules, regulaƟons concerning the construcƟon, repair, maintenance, and operaƟon of its respecƟve POC.
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4.3. Reasonable Care. Each Party will exercise reasonable care in the performance of its obligaƟons and rights under this Agreement to ensure that the other Party’s faciliƟes and operaƟons are not impaired or damaged.
4.4. Water Supply Agreements. The volumes of Supplemental Water provided by a Supplying Party may count toward a Receiving Party’s volume of water used for purposes of reporƟng to the San Francisco Public UƟliƟes Commission (SFPUC), the State Water Resources Control Board (SWRCB), the Bay Area Water Supply and ConservaƟon Agency (BAWSCA), or any other public agency.
Volumes of Supplemental Water provided by a Supplying Party to a Receiving Party will not be deemed or construed to increase, decrease, or otherwise affect a Supplying Party’s supply of water under an applicable water supply agreement. A Receiving Party is responsible for compliance with any reporƟng requirements under any applicable water supply agreements.
4.5. Reasonable CooperaƟon. During the term of this Agreement the ParƟes may meet as needed to discuss and coordinate the opening and closing of the InterƟe or modificaƟons to the InterƟe to effectuate the purposes of this Agreement and will jointly respond to any operaƟonal issues, including, but not necessarily limited to, low pressure and contaminaƟon.
5. Mutual IndemnificaƟon
5.1. Cal Water Indemnity. To the extent permiƩed by law, Cal Water shall protect, defend, hold harmless and indemnify Brisbane, its City Council, commissions, officers, employees, volunteers, and agents from and against any claim, injury, liability, loss, cost, or expense or damage, including all costs and reasonable aƩorney’s fees in providing a defense to any claim arising therefrom, for which Brisbane shall become liable arising from Cal Water’s negligent, reckless, or wrongful acts, errors, or omissions with respect to its performance of this Agreement.
5.2. Brisbane Indemnity. To the extent permiƩed by law, Brisbane shall protect, defend, hold harmless and indemnify Cal Water, its shareholders, directors, officers, employees, staff, agents, and representaƟves from and against any claim, injury, liability, loss, cost, or expense or damage, including all costs and reasonable aƩorney’s fees in providing a defense to any claim arising therefrom, for which Cal Water shall become liable arising from Brisbane’s negligent, reckless, or wrongful acts, errors, or omissions with respect to its performance of this Agreement.
6. NoƟce
Unless otherwise provided under this Agreement, any noƟce or request from a Party to the other shall be delivered to the other Party in wriƟng and to the following addresses:
Brisbane: Public Works Director
City of Brisbane
50 Park Place
Brisbane, CA 94005
P:: (415) 508-2130
E: [email protected]
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California Water Service Company
341 North Delaware Street
San Mateo, CA 94401
P: (650) 558-7891
D: (209) 993-6471
E: [email protected]
Copy to: Legal Department
California Water Service Company
1720 N First Street
San Jose, CA 95112
AƩn: Assoc. General Counsel
P: (408) 367-8200
E: [email protected]
A Party may change its respecƟve addresses by delivering wriƩen noƟce to the other Party. If noƟce is sent via email, a signed original of the material shall also be mailed. The day an email was sent will control the date that noƟce was deemed given. An email transmiƩed aŌer 1:00 p.m. on a Friday will be deemed to have been delivered on the following Monday.
7. General Terms
7.1. Term; TerminaƟon. This Agreement shall conƟnue in effect unƟl terminated by either Party upon not less than 6 months prior wriƩen noƟce to the other.
7.2. Assignment. Brisbane and Cal Water bind themselves, their partners, successors, assigns, executors, and administrators to all covenants of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for under this Agreement shall be assigned or transferred, either voluntarily or by operaƟon of law, without the prior wriƩen approval of the other Party.
7.3. Amendment. No alteraƟon or variaƟon of the terms of this Agreement shall be valid unless made in wriƟng and signed by the ParƟes and incorporated into this Agreement.
7.4. IntegraƟon. This Agreement embodies the agreement between Brisbane and Cal Water and its terms and condiƟons. No other understanding, agreements, or conversaƟons, or otherwise, with any officer, agent, or employee of the ParƟes prior to execuƟon of this Agreement shall affect or modify any of the terms or obligaƟons contained in any documents comprising this Agreement. Any such verbal agreement shall be considered as unofficial informaƟon and in no way binding upon either Party.
7.5. No Third-Party Beneficiaries. This Agreement shall not be construed to be an agreement for the benefit of any third party or parƟes and no third party or parƟes shall have any claim or right of acƟon under this Agreement for any cause whatsoever. 8 of 14
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7.6. CapƟons. The capƟons of the various secƟons, paragraphs, and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving quesƟons of interpretaƟon.
7.7. Binding Effect. The ParƟes acknowledge and accept the terms and condiƟons of this Agreement as evidenced by the following signatures of their duly authorized representaƟves. it is the intent of the ParƟes that this Agreement shall become operaƟve on the EffecƟve Date.
7.8. Counterparts. This Agreement may be signed in one or more counterparts and by facsimile, pdf, or other electronic means. Each counterpart will be deemed an original and all counterparts, when taken together, will form one and the same instrument.
IN WITNESS WHEREOF, the ParƟes have executed this Agreement the day and year first wriƩen above.
CITY OF BRISBANE,
a California municipal corporaƟon
APPROVED BY [], ON:
[Date] (By ResoluƟon 2024- )
By:
Jeremy Dennis
Its: City Manager
Date:
APPROVED AS TO FORM: ATTEST:
By:
City AƩorney Its: City Clerk
Brisbane
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CALIFORNIA WATER SERVICE COMPANY, a California
corporaƟon
By:
Its:
By:
Its:
Cal Water
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Exhibit A: InterconnecƟon Plans
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Released 2024-08-22 SHORE CONTROL VALVE PERMIT SET.pdf Approved as to content and form by California Water Service Company 08/27/2024 11:08:11 AM
PUBLIC WORKS DEPARTMENT
Review was conducted for general conformance and compliance with City requirements existing regulations, and provisions of agreements between City and Applicant. Approval for construction shall not be construed as a waiver of any requirements, regulations or provisions. Applicant is solely responsible for complying with all requirements of the Brisbane Municipal Code, state and federal regulations, and agreement provisions.
Approved for construction
As submitted
With noted required corrections
Make corrections noted and resubmit final file copy
BY:
DATE: CITY OF BRISBANE
BRISBANE, CALIFORNIA
08/27/24 UTILITIES
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41G.
File Attachments for Item:
H. Adopt the Resolution to Revise the Start Date for a Trial Residential Parking Permit Program on Thomas Ave on November 1, 2025
42 Resolution Revising the Start Date
for Trial RPPP on Thomas Ave.
CITY COUNCIL AGENDA REPORT
Meeting Date: October 17, 2024
From: Karen Kinser, Deputy Director of Public Works
Subject: RevisedResolutionfor test Parking Permit Program onThomas Community Goal/Result
(1) Safe Community
(2) Community Building
Purpose: To initiate a test residential parking permit program (RPPP) on Thomas Ave. lasting six months, and to later receive feedback from staff on the effectiveness of the program.
Recommendation: Adopt the Resolution to Revise the Start Date for a Trial Residential Parking Permit Program on Thomas Ave on November 1, 2025.
Background
On June 6, 2024, Council adopted Resolution 2024-13 to define and initiate a pilot RPPP on Thomas Ave. Said resolution identified the terms of the parking program, including a start date of August 1, 2024.
Discussion
Staff diligently began working with consultant IPS Group (IPS) and administrative staff to agree to contract terms, set up the permit application webpage and the back-end permit approval portal for staff. It became clear that more time was needed to by the consultant and staff to launch the Thomas Ave. permit program. The revised launch date per the attached resolution is November 1, 2024. Staff will seek feedback from program participants towards the end of the test period on April 30, 2025 and bring those results to Council.
Fiscal Impact
No further fiscal impacts are incurred by adopting the resolution.
Attachments
1. Resolution Revising the Start Date for a Trial Residential Parking Permit Program on Thomas Ave.
Karen Kinser, Deputy Director of Public Works
Randy Breault, Director of Public Works/City Engineer Jeremy Dennis, City Manager Tomas Santoyo-Velazquez, Assistant Engineer
43 H.
RESOLUTION NO. 2024-__
-1-
RESOLUTION NO. 2024-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
REVISING THE START DATE FOR A TRIAL RESIDENTIAL PARKING PERMIT
PROGRAM ON THOMAS AVENUE
WHEREAS, the Council-appointed citizen advisory Complete Streets Safety Committee heard concerns from residents regarding a lack of available street parking due to storage of excess vehicles on the street as well as use of the street for airport parking by non-residents; and
WHEREAS, the Complete Streets Safety Committee reviewed other cities’ programs and made a recommendation to the City Council regarding guidelines for a program for either targeted streets or all public streets in Central Brisbane; and WHEREAS, Council determined it wished to investigate the community’s interest in a trial program and directed staff to send a survey letter to residents of Thomas Avenue and Tulare Street; and
WHEREAS, after reviewing the responses to the trial parking program survey Council determined to establish a trial residential parking permit program on Thomas Avenue; and
WHEREAS, the City Council’s authority to impose residential parking restrictions by resolution is codified in Brisbane Municipal Code Section 10.26.045.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRISBANE RESOLVES AS FOLLOWS:
1. A trial residential parking permit program in compliance with Chapter 10.26 of the Brisbane Municipal Code shall be in effect on Thomas Avenue from November 1, 2024 to April 30, 2025.
2. The following guidelines and restrictions will be enforced:
a. One permit may be issued per each licensed driver with a unique vehicle, when both driver and vehicle are registered to the address on Thomas Avenue. b. The fee per permit will be based upon consultant IPS’s fee schedule. 44 H.
RESOLUTION NO. 2024-__
-2-
c. Guest permits will be made available. The number of single overnight guest permits per household will be ten (10) for the six-month period. The fee per guest permit will be based upon consultant IPS’s fee schedule.
d. Parking will be restricted to permit holders Sunday through Thursday starting at 10 PM and ending at 6 AM the next day.
e. Parking complaints for nonpermitted vehicles may be made anonymously by phone or through the city website at any time, but enforcement will only be conducted during program hours, and upon receipt of a resident complaint via phone or website.
f. The City Engineer is directed to post signage as required by Brisbane Municipal Code Section 10.26.070.
________________________________
Terry O’Connell, Mayor
* * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Brisbane held on the seventeenth day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________________
Ingrid Padilla, City Clerk
45 H.
File Attachments for Item:
I. Adopt a Resolution to Revise the Conflict of Interest Code to Include New Classifications or Categories of Public Officials
46 CITY COUNCIL AGENDA REPORT
Meeting Date: October 17, 2024
From: Thomas McMorrow, City Attorney and Ingrid Padilla, City Clerk Subject: Adoption of a Revised Conflict of Interest Code to include New Classifications or Categories of Public Officials
Recommendation:
Adopt the attached resolution revising the City’s Conflict of Interest Code Background
The State’s Political Reform Act’s conflict of interest prohibitions apply only to certain “public officials” and only to governmental decisions that have a financial effect. The Act applies specifically to members of the City Council and the Planning Commission, city managers, city attorneys and other public officials, such as finance directors and others who manage public investments.
In addition, the Act requires cities to adopt a conflict of interest code and include therein which “other” officials within the a city must comply with the disclosure and disqualification provisions of the Act. The City Council has adopted, via resolution, the City’s Conflict of Interest Code. See attached Resolution.
Currently, the City has identified 39 classifications or categories of public officials.
City of Brisbane’s Conflict of Interest Code
The City’s Conflict of Interest Code is adopted by resolution and sets forth those “other” classifications or categories of public officials that are subject to the Act. There are currently 39 such classifications or categories, including the City Clerk, department heads and their deputies, the Police and Fire Chiefs and their command staff. As might be expected, these are classifications/categories where individuals make critical decisions for the City and/or make recommendations to the City Council and its commissions and committees.
The Regulations require cities to review their conflict of interest codes every two years. The City Council last reviewed the City’s Conflict of Interest Code in 2022. Persons serving in newly added classifications and categories will be advised that they are subject to the Act and therefore required to file Form 700 that discloses their financial interests, resulting in their disqualification from participating in governmental decisions when those decisions effect their financial interests. 47 I.
DISCUSSION
Staff recommends that the following classifications and categories below should be added to Appendix A that lists the various classifications and categories subject to the Conflict of Interest Code. Note that individuals are not currently serving in all classifications or categories. • Human Resources Administrator
• Geographic Information System (GIS) Manager
• Sustainability Manager
• Deputy Fire Marshal
• Human Resources Director
• Legal Counsel
Attached is a resolution adopting a revised Conflict of Interest Code for designated classifications and categories.
_____________________________ ______________________ ______________________ Thomas R. McMorrow, City Attorney Ingrid Padilla, City Clerk Jeremy Dennis, City Manager Attachment: Resolution adopting a revised Conflict of Interest Code 48 I.
1 Attachment 1
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY OF BRISBANE ADOPTING A REVISED CONFLICT OF INTEREST CODE FOR
DESIGNATED POSITIONS
Whereas, the Political Reform Act, (Government Code, Section 87100 et seq.) establishes conflict of interest disclosure and disqualification requirements for public officials, including specified employees and decision-making bodies; and
Whereas, the Political Reform Act requires state and local governmental agencies to adopt and promulgate conflict of interest codes for other classifications, other categories of public officials, and other advisory bodies, all of whom have decision making authority; and Whereas, the Fair Political Practices Commission has adopted Regulations in Title 2, Section 18730 of the California Administrative Code, to implement the provisions of the Political Reform Act and by incorporating by reference the terms of the Regulations it will save time and money by minimizing the actions required of the City Council to keep its Conflict of Interest Code in conformity with the Political Reform Act; and
Whereas, Appendix A to this Resolution sets forth certain designated classifications and categories within the City of Brisbane; and
Whereas, individuals who are in those designated classifications and categories, and members of those designated advisory bodies (of which there are currently none), must file conflict of interest statements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRISBANE AS FOLLOWS:
Section 1. The provisions of Title 2, Section 18730 of the California Administrative Code, attached as Exhibit 1, are hereby incorporated by reference and, together with the attached Appendix A, in which designated classifications and categories with decision making authority, along with their disclosure categories, are set forth, are hereby adopted as the Conflict of Interest Code for the City of Brisbane.
Section 2. Individuals in the designated classifications and categories shall file with the City Clerk, the City’s filing officer, statements of economic interests.
Section 3. All of the resolutions of the City of Brisbane that are in conflict with this Resolution are hereby repealed.
Section 4. This resolution shall be in full force and effect immediately upon its adoption. ____________________
Terry O’Connell, Mayor
49 I.
2 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 October 17, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________
Ingrid Padilla, City Clerk
Approved as to form:
___________________________
Thomas McMorrow, City Attorney
50 I.
3 APPENDIX A
Designated Positions Disclosure Category
Administrative Management Analyst All Categories
Administrative Services Director All Categories
Assistant to the City Manager All Categories
Associate Civil Engineer All Categories
Associate Planner All Categories
City Clerk All Categories
Community Development Director All Categories
Communications Manager All Categories
Deputy Fire Marshal
Deputy Building Official
All Categories
All Categories
Deputy City Attorney All Categories
Deputy City Clerk/Executive Assistant All Categories
Deputy Finance Director All Categories
Deputy Fire Chief All Categories
Deputy Public Works Director All Categories
Economic Development Director All Categories
Financial Services Manager All Categories
Fire Chief
Geographic Information System Manager
All Categories
All Categories
Harbormaster All Categories
Human Resources Administrator
Human Resources Director
Information Technology & Systems Administrator
All Categories
All Categories
All Categories
Legal Counsel
Management Analyst
All Categories
All Categories
Marina Services Director All Categories
Parks and Recreation Commissioners All Categories
Parks and Recreation Director All Categories
Police Chief All Categories
Police Commander All Categories
Principal Analyst All Categories
Principal Planner All Categories
Program Manager (San Mateo Countywide NPDES) All Categories Public Works Director/City Engineer All Categories
Public Works Superintendent All Categories
Public Works Supervisor All Categories
Recreation Manager All Categories
Recreation Supervisor All Categories
Senior Civil Engineer All Categories
Senior Management Analyst All Categories
Senior Planner All Categories
Special Assistant All Categories
51 I.
File Attachments for Item:
J. Adopt a Resolution to Amend the Master Pay Schedule to Meet the New Minimum Wage Requirement
52 CITY COUNCIL AGENDA REPORT
Meeting Date: October 17, 2024
From: Abby Partin, Human Resources Director
Subject: Approve Resolution to Amend the Master Pay Schedule to Meet the New Minimum Wage Requirement.
Community Goal/Result
Fiscally Prudent
Purpose
To meet the new state minimum wage effective January 1, 2025, and to ensure the community continues to receive excellent service by retaining and attracting exceptional employees in a financially prudent manner.
Recommendation
Adopt the resolution to amend the Master Pay Schedule to meet the minimum wage requirement.
Background and Discussion
On April 4, 2016, the California Legislature approved legislation amending the minimum wage phase-in requirements. This requires the minimum wage to be $16.50 per hour effective January 1, 2025. This change affects three classifications: Habitat Restoration Lead Worker, Intern and Special Assistant, which includes starting rates currently below the $16.50 per hour rate. Details regarding these classifications are as follows:
• The Habitat Restoration Lead Worker is a former grant funded classification historically to help restore the Brisbane Acres.
• The Intern is a classification that provides college students internship opportunities with the City during the summer to learn how departments interact/function and provide public sector experience.
• The Special Assistant is a classification generally used for temporary, limited duration assignments and/or special projects.
Staff recommends that the current starting salary for all three classifications move from $16.00 to $16.50 per hour. As the Habitat Restoration Lead Worker is a single step pay scale and the Intern and Special Assistant are a salary range instead of steps, there is no further adjustment other than the starting rate necessary.
Fiscal Impact
As there are no employees at the minimum rate of these classifications, there is no fiscal impact with this adjustment.
53 J.
Measure of Success
The City is able to hire and retain high quality workforce.
Attachments
Resolution 2024-__
_________________________ ________________________
Abby Partin, Human Resources Director Jeremy Dennis, City Manager 54 J.
RESOLUTION NO 2024- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
AMENDING THE MASTER PAY SCHEDULE FOR ALL EMPLOYEES
WHEREAS, the City of Brisbane contracts with the California Public Employees’ Retirement System (CalPERS) to provide retirement benefits for its employees; and WHEREAS, pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
WHEREAS, the pay schedule must identify the position title for every employee position, the pay rate for each position title, and applicable time base for the pay rate; and
WHEREAS, the City Council of the City of Brisbane desires to approve and adopt a publicly available Master Pay Schedule, showing all established employee positions and pay rates, in accordance with the requirement of California Code of Regulations, Title 2 Section 570.5.
NOW, THEREFORE, the City Council of the City of Brisbane resolves as follows:
The Master Pay Schedule is approved as set forth in Exhibit “B” and is incorporated by reference as though fully set forth herein.
Section 1. Resolution Number 2000-04 is
_____________________
Terry O’Connell, Mayor
I hereby certify that the foregoing Resolution No. 2024-__ was duly and regularly adopted at a regular meeting of the Brisbane City Council on October 17, 2024, by the following vote:
Ayes:
Noes:
Absent: None
Abstain: Non
_____________________
Ingrid Padilla, City Clerk
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Appendix A
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Accounting Assistant I $ 29.20 $ 30.67 $ 32.21 $ 33.82 $ 35.51 7/1/2024 General Employees Non-Exempt Accounting Assistant II $ 32.15 $ 33.76 $ 35.46 $ 37.22 $ 39.09 7/1/2024 General Employees Non-Exempt Accounting Systems Analyst $ 44.15 $ 46.48 $ 48.80 $ 51.24 $ 53.80 7/1/2024 General Employees Non-Exempt Administrative Assistant $ 38.63 $ 40.57 $ 42.59 $ 44.72 $ 46.96 7/1/2024 General Employees Non-Exempt Administrative Management Analyst $ 49.18 $ 51.62 $ 54.22 $ 56.91 $ 59.77 7/1/2024 Confidential Employee Exempt Administrative Services Director $ 99.29 $ 104.24 $ 109.46 $ 114.93 $ 120.69 7/1/2024 Confidential Management Exempt Assistant Engineer I $ 44.99 $ 47.24 $ 49.60 $ 52.09 $ 54.68 7/1/2024 General Employees Non-Exempt Assistant Engineer II $ 49.49 $ 51.94 $ 54.56 $ 57.28 $ 60.15 7/1/2024 General Employees Non-Exempt Assistant City Manager $ 114.18 $ 119.88 $ 125.88 $ 132.17 $ 138.79 7/1/2024 Confidential Management Exempt Assistant to the City Manager $ 76.08 $ 79.88 $ 83.89 $ 88.07 $ 92.48 7/1/2024 Executive Management Exempt Assistant Fire Marshal $ 85.40 $ 89.67 $ 94.15 $ 98.86 $ 103.80 7/1/2024 Brisbane Fire Management Exempt Associate Civil Engineer $ 58.92 $ 61.86 $ 64.95 $ 68.21 $ 71.62 7/1/2024 Mid-Management/Professional Exempt Associate Planner $ 52.06 $ 54.67 $ 57.41 $ 60.27 $ 63.29 7/1/2024 General Employees Non-Exempt Building Permit Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Cashier $ 16.96 $ 17.81 $ 18.70 $ 19.63 $ 20.61 7/1/2024 Unrepresented Non-Exempt C/CAG Stormwater Program Director $ 77.84 $ 81.73 $ 85.82 $ 90.12 $ 94.62 7/1/2024 Mid-Management/Professional Exempt City Clerk $ 61.56 $ 64.65 $ 67.88 $ 71.28 $ 74.83 7/1/2024 Executive Management Exempt City Manager $ - $ - $ - $ - $ - $ 151.44 6/24/2024 Unrepresented Exempt Code Enforcement Officer $ 41.98 $ 44.08 $ 46.28 $ 48.59 $ 51.03 7/1/2024 General Employees Non-Exempt Communications Digital and Media
Coordinator $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Communications Manager $ 57.52 $ 60.54 $ 63.72 $ 67.07 $ 70.60 7/1/2024 Mid-Management/Professional Exempt Community Development Director $ 96.01 $ 100.81 $ 105.87 $ 111.16 $ 116.72 7/1/2024 Executive Management Exempt Community Development Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Community Services Officer $ 34.37 $ 36.59 $ 38.42 $ 40.34 $ 42.35 7/1/2024 General Employees Non-Exempt Council Member $ - $ - $ - $ - $ - $ 400.00 7/1/2024 Elected Position Crossing Guard $ 16.96 $ 17.81 $ 18.70 $ 19.63 $ 20.61 7/1/2024 Unrepresented Non-Exempt Deputy City Clerk/Executive Assistant $ 46.29 $ 48.60 $ 51.03 $ 53.59 $ 56.26 7/1/2024 Confidential Exempt Deputy Director of Public Works $ 86.96 $ 91.31 $ 95.88 $ 100.68 $ 105.70 7/1/2024 Mid-Management/Professional Exempt Deputy Finance Director $ 77.84 $ 81.73 $ 85.82 $ 90.12 $ 94.62 7/1/2024 Mid-Management/Professional Exempt Director of Marina/Aquatics Services $ 63.73 $ 66.92 $ 70.27 $ 73.78 $ 77.47 7/1/2024 Executive Management Exempt Engineering Technician $ 43.36 $ 45.54 $ 47.81 $ 50.18 $ 52.71 7/1/2024 General Employees Non-Exempt Executive Administrative Assistant $ 40.05 $ 42.04 $ 44.14 $ 46.35 $ 48.67 7/1/2024 General Employees Non-Exempt Facility Attendant $ 19.87 $ 20.86 $ 21.91 $ 23.01 $ 24.15 7/1/2024 Unrepresented Non-Exempt Finance Director $ 95.02 $ 99.77 $ 104.76 $ 110.02 $ 115.49 7/1/2024 Confidential Management Exempt Financial Services Manager $ 67.23 $ 70.59 $ 74.12 $ 77.84 $ 81.73 7/1/2024 Mid-Management/Professional Exempt Fire Captain $ 46.95 $ 49.29 $ 51.77 $ 54.35 $ 57.07 7/1/2024 IAFF Local 2400 Non-Exempt Fire Prevention Officer $ 55.01 $ 60.78 $ 63.81 $ 66.99 $ 70.35 7/1/2024 IAFF Local 2400 Non-Exempt Fire Trainee $ - $ - $ - $ - $ - $ 27.36 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter $ 39.29 $ 41.25 $ 43.32 $ 45.46 $ 47.74 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter II $ 43.22 $ 45.38 $ 47.65 $ 50.01 $ 52.52 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter/Paramedic $ 39.29 $ 41.25 $ 43.32 $ 45.46 $ 47.74 7/1/2024 IAFF Local 2400 Non-Exempt Firefighter/Paramedic II $ 43.22 $ 45.38 $ 47.65 $ 50.01 $ 52.52 7/1/2024 IAFF Local 2400 Non-Exempt Geographic Information System Manager $ 57.52 $ 60.54 $ 63.72 $ 67.07 $ 70.60 7/1/2024 Mid-Management/Professional Exempt Habitat Restoration Lead Worker $ - $ - $ - $ - $ - $ 16.50 1/1/2025 Unrepresented Non-Exempt Harbormaster $ 54.22 $ 56.92 $ 59.77 $ 62.76 $ 65.90 7/1/2024 Mid-Management/Professional Exempt Head Lifeguard $ 23.83 $ 25.03 $ 26.27 $ 27.60 $ 28.96 7/1/2024 Unrepresented Non-Exempt History Project Asst $ 40.33 $ 42.35 $ 44.46 $ 46.68 $ 49.02 7/1/2024 Unrepresented Non-Exempt Human Resources Administrator $ 79.43 $ 83.40 $ 87.57 $ 91.95 $ 96.55 7/1/2024 Confidential Exempt Human Resources Director $ 93.25 $ 97.91 $ 102.81 $ 107.95 $ 113.35 7/1/2024 Confidential Management Exempt Human Resources Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Information Technology & Systems
Administrator 59.27$ 62.24$ 65.35$ 68.61$ 72.06$
7/1/2024 Mid-Management/Professional Exempt
Intern $ - $ - $ - $ - $ - $16.50 - $23.00 1/1/2025 Unrepresented Non-Exempt Lifeguard 18.08$ 18.99$ 19.93$ 20.93$ 21.96$ 7/1/2024 Unrepresented Non-Exempt Management Analyst (Part-time) 44.59$ 46.83$ 49.16$ 51.62$ 54.20$ 7/1/2024 Unrepresented Non-Exempt City of Brisbane Master Pay Schedule
Approved per Resolution No. 2024-XX
Exhibit B
56 J.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Marina Maintenance Worker I $ 33.81 $ 35.49 $ 37.26 $ 39.13 $ 41.09 7/1/2024 General Employees Non-Exempt Marina Maintenance Worker II $ 37.18 $ 39.03 $ 40.99 $ 43.02 $ 45.18 7/1/2024 General Employees Non-Exempt Marina Maintenance Worker I ( Part-time) $ 34.47 $ 36.19 $ 38.00 $ 39.92 $ 41.91 7/1/2024 Unrepresented Non-Exempt Marina Maintenance Worker II ( Part-time) $ 37.90 $ 39.83 $ 41.78 $ 43.86 $ 46.09 7/1/2024 Unrepresented Non-Exempt Marina Services Director $ 59.57 $ 62.55 $ 65.68 $ 68.95 $ 72.41 7/1/2024 Executive Management Exempt Office Assistant $ 30.98 $ 32.48 $ 34.10 $ 35.81 $ 37.62 7/1/2024 General Employees Non-Exempt Office Assistant (Part-Time) $ 31.55 $ 33.11 $ 34.77 $ 36.53 $ 38.35 7/1/2024 Unrepresented Non-Exempt Office Specialist $ 36.32 $ 38.13 $ 40.05 $ 42.04 $ 44.14 7/1/2024 General Employees Non-Exempt Office Specialist (Part-Time) $ 37.05 $ 38.89 $ 40.84 $ 42.88 $ 45.03 7/1/2024 Unrepresented Non-Exempt Park/Beach/Recreation Commissioner $ - $ - $ - $ - $ - $ 100.00 7/1/2024 Appointed Position Parks & Recreation Director $ 91.55 $ 96.14 $ 100.94 $ 105.98 $ 111.29 7/1/2024 Executive Management Exempt Parks/Facilities Maintenance Worker I $ 33.81 $ 35.49 $ 37.26 $ 39.13 $ 41.09 7/1/2024 General Employees Non-Exempt Parks/Facilities Maintenance Worker I (PartTime) $ 34.47 $ 36.19 $ 38.00 $ 39.92 $ 41.91 7/1/2024 Unrepresented Non-Exempt Parks/Facilities Maintenance Worker II $ 37.18 $ 39.03 $ 40.99 $ 43.02 $ 45.18 7/1/2024 General Employees Non-Exempt Payroll/Utility Billing Technician $ 39.42 $ 41.39 $ 43.46 $ 45.64 $ 47.91 7/1/2024 General Employees Non-Exempt Planning Commissioner $ - $ - $ - $ - $ - $ 100.00 7/1/2024 Appointed Position Police Chief $ 112.05 $ 117.65 $ 123.52 $ 129.72 $ 136.19 7/1/2024 Police Chief Exempt Police Commander $ 101.01 $ 106.07 $ 111.38 $ 116.95 $ 122.79 7/1/2024 Police Commander Exempt Police Officer $ 51.34 $ 53.91 $ 56.60 $ 59.43 $ 62.40 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Officer - 40 hour shift (Detective/SRO)$ 53.91 $ 56.60 $ 59.43 $ 62.40 $ 65.52 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Corporal $ 56.47 $ 59.30 $ 62.26 $ 65.37 $ 68.64 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Sergeant $ 61.85 $ 64.95 $ 68.19 $ 71.60 $ 75.18 7/1/2024 Brisbane Police Officers Association* Non-Exempt Police Trainee $ - $ - $ - $ - $ - $ 37.99 7/1/2024 Unrepresented Non-Exempt Pre-School Teacher $ 19.99 $ 21.00 $ 22.05 $ 23.16 $ 24.32 7/1/2024 Unrepresented Non-Exempt Principal Analyst $ 68.79 $ 72.24 $ 75.84 $ 79.62 $ 83.61 7/1/2024 Confidential Exempt Principal Planner $ 73.26 $ 76.92 $ 80.77 $ 84.81 $ 89.05 7/1/2024 Mid-Management/Professional Exempt Program Manager - SMCWPPP $ 72.46 $ 76.10 $ 79.90 $ 83.90 $ 88.10 7/1/2024 Mid-Management/Professional Exempt Public Service Aide $ 17.79 $ 18.69 $ 19.61 $ 20.58 $ 21.62 7/1/2024 Unrepresented Non-Exempt Public Works Director/City Engineer $ 112.42 $ 118.03 $ 123.92 $ 130.13 $ 136.64 7/1/2024 Executive Management Exempt Public Works Inspector $ 55.47 $ 58.25 $ 61.16 $ 64.21 $ 67.43 7/1/2024 General Employees Non-Exempt Public Works Lead Maintenance Worker $ 44.62 $ 46.85 $ 49.18 $ 51.65 $ 54.22 7/1/2024 General Employees Non-Exempt Public Works Maintenance Worker I $ 33.81 $ 35.49 $ 37.26 $ 39.13 $ 41.09 7/1/2024 General Employees Non-Exempt Public Works Maintenance Worker I (Parttime) 34.47$ 36.19$ 38.00$ 39.92$ 41.91$ 7/1/2024 Unrepresented Non-Exempt
Public Works Maintenance Worker II 37.18$ 39.03$ 40.99$ 43.02$ 45.18$ 7/1/2024 General Employees Non-Exempt Public Works Superintendent 72.12$ 75.72$ 79.51$ 83.49$ 87.66$ 7/1/2024 Mid-Management/Professional Exempt Public Works Supervisor 55.12$ 57.88$ 60.77$ 63.81$ 67.00$ 7/1/2024 Mid-Management/Professional Exempt Public Works Team Leader 50.00$ 52.63$ 55.41$ 58.33$ 61.39$ 7/1/2024 Mid-Management/Professional Exempt Receptionist 30.94$ 32.48$ 34.10$ 35.81$ 37.62$ 7/1/2024 General Employees Non-Exempt Receptionist (Part-time) 31.55$ 33.11$ 34.77$ 36.53$ 38.35$ 7/1/2024 Unrepresented Non-Exempt Recreation Leader 19.96$ 20.96$ 22.01$ 23.10$ 24.26$ 7/1/2024 Unrepresented Non-Exempt Recreation Leader Aide 16.96$ 17.81$ 18.70$ 19.63$ 20.61$ 7/1/2024 Unrepresented Non-Exempt Recreation Manager 67.83$ 71.21$ 74.77$ 78.52$ 82.44$ 7/1/2024 Mid-Management/Professional Exempt Recreation Program Coordinator 34.32$ 36.62$ 38.45$ 40.37$ 42.38$ 7/1/2024 General Employees Non-Exempt Recreation Supervisor 50.11$ 52.63$ 55.25$ 58.01$ 60.91$ 7/1/2024 Mid-Management/Professional Exempt Regional Compliance Program Manager 57.52$ 60.54$ 63.72$ 67.07$ 70.60$ 7/1/2024 Mid-Management/Professional Exempt Reserve Police Officer 36.67$ 38.51$ 40.43$ 42.45$ 44.58$ 7/1/2024 Unrepresented Non-Exempt Senior Accounting Assistant 36.42$ 38.25$ 40.16$ 42.18$ 44.27$ 7/1/2024 General Employees Non-Exempt Senior Civil Engineer 72.46$ 76.10$ 79.90$ 83.90$ 88.10$ 7/1/2024 Mid-Management/Professional Exempt Senior Human Resources Analyst 54.94$ 57.68$ 60.57$ 63.60$ 66.77$ 7/1/2024 Confidential Exempt Senior Management Analyst 53.85$ 56.54$ 59.37$ 62.34$ 65.45$ 7/1/2024 Mid-Management/Professional Exempt Senior Planner 61.96$ 65.05$ 68.31$ 71.74$ 75.31$ 7/1/2024 Mid-Management/Professional Exempt Senior Recreation Leader 25.61$ 26.89$ 28.23$ 29.64$ 31.13$ 7/1/2024 Unrepresented Non-Exempt Sustainability Manager 57.52$ 60.54$ 63.72$ 67.07$ 70.60$ 7/1/2024 Mid-Management/Professional Exempt Special Assistant $ - $ - $ - $ - $ - $16.50-$145.00 1/1/2025 Unrepresented Non-Exempt Spe Coun-Maj Dev Pro $ - $ - $ - $ - $ - $ 175.04 7/1/2024 Confidential Management Exempt Swim Instructor 19.72$ 20.71$ 21.75$ 22.84$ 23.98$ 7/1/2024 Unrepresented Non-Exempt Van Driver 18.55$ 19.49$ 20.47$ 21.50$ 22.57$ 7/1/2024 Unrepresented Non-Exempt 57 J.
Job Classification Hourly
Grade A
Hourly
Grade B
Hourly
Grade C
Hourly
Grade D
Hourly
Grade E Monthly Fixed Hourly Hourly Range Effective Date Bargaining Group FLSA Status Water Quality Technician 37.18$ 39.03$ 40.99$ 43.02$ 45.18$ 7/1/2024 General Employees Non-Exempt 58 J.
File Attachments for Item:
K. City Council Consideration of R-BA Zoning District Issues Including Protection of City-Owned Open Space, Public Street Standards and Related Development Standards, Ownership of NonPublic Roadways, And Solar Shading (These issues were raised in the City Council's consideration of 2024-RZ- 1 on September 5, 2024 but the issues were largely collateral to the item itself; City staff has placed these issues on the agenda for Council consideration.)
59 CITY COUNCIL AGENDA REPORT
Meeting Date: October 17, 2024
From: John Swiecki, Community Development Director
Prior to and during the September 5th
public hearing on 2024-RZ-1, a number of issues
unrelated to the draft ordinance and SB 9 implementation were raised. To minimize confusion and add clarity to the City Council’s review process, these issues have been separated out for discussion in this staff report. Consideration of 2024-RZ-1 is the subject of a separate item on tonight’s City Council agenda.
RECOMMENDATION
Provide direction to staff as deemed appropriate by the City Council.
DISCUSSION
Several RBA issues raised to date include:
Mechanisms for protection of city owned open space lots in Brisbane Acres City Legal Counsel has provided a memorandum addressing mechanisms available for protection of public lands in the Brisbane Acres (see Attachment 1) and they are summarized below.
In 2019, City Council approved a Declaration of Restrictions that limits the use of the 47 properties that the City has acquired in the Brisbane Acres priority preservation area (PPA) for open space. The City Clerk’s office is assembling the numerous deeds so that the legal descriptions of these parcels may be attached to the Declaration and then recorded with the County so that the Declaration is “of record”. It is anticipated that this will occur by the end of the year. The Declaration of Restrictions is provided as Attachment 2 and a map of City owned properties is shown on Attachment 3. Once that Declaration is recorded it would take a unanimous vote of the City Council to subsequently release this restriction.
Subject: Consideration of Non-SB 9 Issues Related to
Open Space Protection, Street Standards and
Roadway Ownerships, and Solar Shading in the
Brisbane Acres (RBA) Zoning District
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Other options for open space preservation include:
a. Conveying a conservation easement on the properties to a land trust or other nonprofit organization b. Conveying the properties in “fee” to a land trust or another public entity, c. Changing the General Plan land use designation and zoning of these properties to Open Space.
Note that the change of the General Plan designation and rezoning to Open Space was not recommended by Legal Counsel, due to potential exposure to claims of “taking” by the remaining private land owners within the PPA.
Limits of public vs. private streets in the Brisbane Acres A question was raised as to the limits of public streets versus private streets and who owns the private streets. Attachment 4 shows the approximate extents of public and private streets in the Brisbane Acres and vicinity, illustrating that most of those in the Brisbane Acres have remained in private ownership. This includes three owners in the Brisbane Acres as shown on the County’s GIS system, Tobie-Martin LLC, USA Guofu Inv. Inc. and Henry Yeung. Currently, the County GIS system does not show an owner for the road segment of Margaret Rd, immediately above Kings Rd. To determine the ownership of that segment, the City would need to engage a title company to conduct further research. Attachment 4 also shows undeveloped roadway lots often referred to as “paper streets”.
Street standards & safety for emergency ingress/egress
BMC Section 17.01.060 requires that, "All infrastructure improvements necessary for providing service to the existing or proposed structure or use have been constructed or installed in accordance with applicable city standards as determined by the city engineer.” Additionally, BMC Chapter 12.24 includes a prohibition against private streets and provides minimum street standards. The streetstandards apply to new development in the R-1 and R-BA districts whether the development is accomplished via SB 9 or not. Thus, any new development must be served by a public road. In the case of a private road being dedicated to the City, the length of the road necessary to connect to an existing public street would need to be brought to current City standards.
While some segments of Brisbane’s public streets in the upper areas of the R-1 district may not be improved to current standards, given their age, they are maintained by the City and provide adequate access and egress for emergency response. Also, as new development or major remodels of residences occur along these public streets, where they do not meet current 61 K.
standards, the street segment along that property frontage is required to be brought up to current code. This would include a minimum 20-foot roadway width along those segments, thus providing easier passing points for vehicles.
On a related note, at the September 5 meeting the City Council inquired as to the cost of constructing a roadway. The City Engineer estimated the cost of rural road construction in the range of $1M-$3M per mile. The high degree of variability is based on site and roadway specific conditions such as roadway configuration, topography, soil conditions and grading which can drastically impact cost.
Solar Shading Protection
Questions were raised at the September 5 City Council meeting regarding the protection of rooftop solar systems from shade cast from adjoining development. Brisbane does not have an ordinance protecting solar systems from shade from neighboring structures or trees. Developing such an ordinance would be challenging given Brisbane’s topography and the need to balance the City’s tree preservation objectives with solar access protection. Should the Council wish to allocate staff resources to this project, a referral to the Planning Commission would be recommended.
ATTACHMENTS
1. City Legal Counsel’s memorandum
2. 2019 Declaration of Restrictions
3. Map of City Owned Properties in the Brisbane Acres
4. Map of Private and Public Roadways
______________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 62 K.
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LEGAL MEMORANDUM CONCERNING POTENTIAL ADDITIONAL
PROTECTIONS OF CITY OWNED PROPERTIES IN THE BRISBANE ACRES From: Michael Roush, Legal Counsel
Date: October 3, 2024
City Owned Properties
The City owns 47 properties within the Priority Preservation Area (PPA), in the Brisbane Acres. Most of these correspond to what is called the “Upper Acres” in the City’s 2001 Open Space Plan. Three of those parcels are designated as City water tank sites, with a water tank on one of them. The other 44 properties that have been acquired by the City in the PPA are for habitat preservation and open space purposes. An additional four sites were also acquired from within the R-1 Residential district immediately adjacent to the PPA, at the end of Paul Ave, also for open space purposes. The City also owns a fourth water tank site within the “Lower Acres” at the end of Glen Parkway, above Firth Park. A map showing this area and the properties owned by the City, including the Water Tank Properties, is attached.
Current Restrictions Imposed When Properties Were Acquired.
Of the 47 properties within the PPA, 29 were acquired with federal or state funding. The deeds that conveyed these properties to the City restrict the use of those properties to habitat preservation and open space purposes. Those uses may not be changed without first obtaining the approval of the funding organization.
Declaration of Restrictions.
In 2019, Council approved a Declaration of Restrictions that restricts the use of these properties to habitat preservation and open space. The declaration was prepared by staff in response to a Council question as to whether all of these properties, including, presumably, the 29 acquired with federal or state funding as well as any other similarly situated properties the City acquires could be restricted such that the properties would remain undeveloped in perpetuity and their use restricted to habitat preservation and open space purposes. This Declaration is to be recorded so that it is “of record”. The Declaration has not yet been recorded because it involves assembling nearly 50 deeds so that the legal descriptions may be attached to the Declaration. The City Clerk’s Office is in the process of assembling those deeds and it is expected the Declaration will be recorded by the end of the year. Although a future City Council would have the authority to amend or terminate the Declaration of Restrictions, the Declaration itself provides that such amendment or termination would need a unanimous vote of the City Council.
Other Means of Protection.
Notwithstanding these current protections of City owned properties, questions have been raised whether there are other or additional means to prevent these properties from being used for other 63 K.
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than habitat preservation and open space. Three come to mind, with the first two being similar.
These are:
• a conservation easement
• conveyance of the properties to a land trust or another public entity. • change the General Plan land use designation and zoning of these properties to Open Space.
Conservation Easements: A conservation easement is a recorded agreement between a property owner and certain qualified public or private entities to protect the character of the land. Civil Code, sections 815-816. The intent of a conservation easement is to protect the natural, scenic, agricultural, or historic character of the property subject to the easement by restricting the use of the property for the purpose for which the easement is granted.
Often this type of easement is granted to a non-profit organization such as a land trust. A land trust is a private, non-profit organization that actively works to conserve land by undertaking or assisting in acquiring land or conservation easements.
If the City were to grant a conservation easement on its properties to such an organization, the use of the properties for any purpose other that those identified in the easement would be prohibited.
A drawback is that there is typically a cost to the grantor of the easement (here, the City).
The organization that holds the easement has a fiduciary responsibility to ensure that the property is being used for purposes consistent with the easement’s purpose. This means, at a minimum, the organization must inspect and monitor the property routinely and in order to carry out that responsibility in perpetuity, there is typically a cost. That cost is often paid up front in the form of an endowment that generates sufficient funds to pay for the ongoing cost to inspect, monitor, and, if necessary, to undertake remedial work on the property to ensure its continued use as habitat preservation and open space. The cost will depend on the number of parcels and/or the size of the area in question, as well as the level of service expected of the organization.
Moreover, implicit in the decision to choose a particular organization as the easement holder, the City would need to be confident that the organization has demonstrated stability and has personnel and other resources to maintain its oversight of the easement in the long term.
Conveyance of the Properties in Fee to a Land Trust or a Public Entity: Somewhat akin to creating a conservation easement on the properties, the City could convey its properties to a land trust or a public entity and place restrictions on the use of the properties in the conveyance documents. This is similar to the restrictions the State and the federal government placed in the deeds to the City when State or federal money was used to purchase certain properties.
Such restrictions would likely remove the possibility that the properties could be used for any other purposes. Similar to finding an organization to undertake its fiduciary responsibilities associated with holding a conservation easement, the City would want a stable organization with sufficient resources and personnel to inspect and maintain the properties in perpetuity. As with an organization holding the conservation easement, an 64 K.
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organization holding the properties in fee would likely require an endowment to ensure funds would be available to carry out its fiduciary duties.
Although transferring the properties, with restrictions, to another public entity, such as San Mateo County, is also a possibility, that assumes such entity would have an interest in accepting such properties and, if it did, whether it too would require an endowment for the long-term maintenance of the properties.
Finally, currently the City undertakes efforts to maintain these properties to control nonnative species and to reduce fire hazards. If the properties were conveyed in fee to a third party, the City would certainly expect the same degree of effort to control non-native species and to reduce fire hazards, but the City would lose direct control over those efforts.
Changing the Land Use Designation/Zoning. Currently, for purposes of the City’s General Plan and zoning regulations, all properties within Brisbane Acres are designated for residential land use. The City could use its police powers to amend the land use regulations such that the land use designation of the properties within Brisbane Acres, or portions thereof such as properties within the Priority Preservation Area, would be limited to open space. Land uses not consistent with open space would not be permitted.
If that were to occur, and since such land use designation would apply not only to City owned parcels but also to privately owned parcels, it is likely that the owners of private property would claim that such designation deprived them of substantially all economic use of their properties and therefore the designation constituted a “taking” of their properties for which the City must pay compensation, thereby exposing the City to millions of dollars in claims. Accordingly, because of the unknown cost to the City, which could be significant, changing the land use designation to open space is not a recommended course of action.
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Sierra Point Pkwy
NATALIE
LIPMAN
MIDDLE
SCHOOL
Bayshore Blvd
FIRTH PARK
BRISBANE
ELEMENTARY
SCHOOL
Southeast
Bayshore
Southwest
Bayshore
Central
Brisbane
Brisbane
TC-2
TC-1
SCRO-1
R-MHP
R-BA R-3
R-2 R-1
PAOZ-1
O-S
NCRO-2
NCRO-1
MLB
C-1
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TC-2
TC-1
SCRO-1
R-MHP
R-BA
R-3
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R-1
Zoning Districts
PAOZ-2
PAOZ-1
O-S
NCRO-2
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MLB
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City Owned Parcels
Parcel Lines
Priority Preservation Area
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Brisbane's Priority Preservation Area with Zoning
70 K.
3800
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3745
3775
95 420
71 75
85 77
80 90
70 3800
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8 71
21 31
8 88
733
253
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675
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455 431 421 401
171 179 195 207
353
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385 395
215
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243 245
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639
649
501
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21 29 35
55 81 73 574
113 125
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529 157
144 160 166
128
110
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72 54
50 28
30 325
333
421
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457
467
475
411
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611
237
205
640
286
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525
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121
437
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10 8
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200 150
92 8
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404
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292
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678
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648
245
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269
332
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645
334
432
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799
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740 764 770
728
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303
315 333
339
345 353
381
365
317 323
788
670
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644
626
524
805
815
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833
837
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875
538
461
433
834
820
405
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800
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822
478
434
140
128
106
296
290
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260
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252
653
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681
103
15 691
238
226
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100
715
748
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25 27
31 55
65 69
720
105
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153
165
1105
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1125
1135
1142
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382
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306 320
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334 338
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81 91
41 45
49 88 484
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1020
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690
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796
933
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905
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917
784
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350
682
818 1035
850
1075
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808
203
177
169
207
847
807
805
1060
1068
1076
1098
1088
1050
7 1100
100
301
401
3812
3824
3840
3866
1105
1075
3832
243
2 6
8 900
1000
250
200
27 25
12 1002
100
200
260
45 1100
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3994
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41 43
45 47
41 737
737
239
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Airbus,USGS,NGA,NASA,CGIAR,NCEAS,NLS,OS,NMA,Geodatastyrelsen,GSA,GSI and the GIS User Community Priority Preservation Area (PPA)
City Owned Parcels UNDEVELOPED PRIVATE 'ROADS'
(REMNANT PARCELS)
PRIVATE DEVELOPED ROADS
Parcels with address numbers indicate that they're developed properties. (Due to labeling constraints, not all addresses are visible on smaller parcels.) P u b l i c a n d P r i v a t e R o a d w a y s
10/07/2024
P U B L I C R O A D S
71 K.
File Attachments for Item:
L. Consider Introducing an Ordinance Approving a Zoning Text and Map Amendment 2024-RZ1, Overlay to R-1 Residential District and the R-BA Brisbane Acres Residential District in Entirety (It is being recommended to introduce an ordinance approving a 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 environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183. This item was on and discussed at the City Council Meeting of September 5, 2024; the public hearing was closed but the item continued to a future date.)
72 CITY COUNCIL AGENDA REPORT
Meeting Date: October 17, 2024
From: John Swiecki, Community Development Director
SUPPLEMENTAL REPORT
This matter has been continued from the City Council meetings of June 6, July 18 and September 5, 2024. City Council continued the matter from September 5 for staff to address the questions of timing on noticing as provided in the draft ordinance, along with several Brisbane Acres (RBA) related issues which are unrelated to the draft ordinance. These RBA issues have been moved to a separate discussion item on tonight’s agenda so they can be considered independently of 2024-RZ-1. The September 5 City Council draft meeting minutes and report are attached for reference (Attachments 2 and 3), which includes weblinks to the previous reports.
RECOMMENDATION
Introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendments. The draft ordinance, text and map, are provided as Attachment 1.
DISCUSSION
As noted above, at the September 5 meeting it was suggested that notice to neighboring property owners be provided earlier in the process for SB 9 projects. The procedures for notices to neighboring property owners of SB 9 projects are provided in Section
17.05.100 - Noticing of the draft ordinance (see Attachment 1). The recommended procedures include a provision for the City to provide a courtesy notice to the property owners located adjacent and directly across the street from an SB 9 project upon approval of a building permit for either a two unit development or and unit constructed pursuant to an urban lot split. Since state law requires that SB 9 applications are ministerial, a project that complies with the law does not require public notice or a hearing. As such, the notice was intended as a courtesy communication informing neighbors of forthcoming construction.
Subject: Zoning Map and Text Amendment 2024-RZ-1 – 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 environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183; City of Brisbane, applicant.
73 L.
In evaluating the timing of the courtesy notice, City Legal Counsel notes the following:
“...Typically applications that are deemed ministerial, such as building permit applications, do not require notice of the City’s receipt or approval thereof to the public. A question has been raised whether such notice could be provided for SB 9 applications and, if so, at what point in the application process.
First, providing notice of SB applications to members of the public may prove frustrating because, even if there were concerns about the application, there is no discretionary review process for such applications and the public may perceive that, if an application is not revised, its comments are falling on deaf ears and its concerns not being addressed.
Second, if such notice is to be provided, when should it be sent out? It might be premature to send out such notice when the City first receives the application because it is usually the case that staff will need additional information from the applicant before the application is deemed complete. If notice were sent out upon the initial receipt the application, then would an additional notice not be required each time the application were revised? This would seem to be a burdensome obligation to place on staff.
Notice could be provided when the application was deemed complete but for what purpose since, as set forth above, review is ministerial. Similarly, notice could be provided when the application was approved but, again, what purpose would that serve other than letting the public know that some development activity on a particular site would likely occur in the future.
If notice is to be provided, it should be only one time and that would be when the application is first received. That would enable members of the public to be aware of the application, provide an opportunity to ask questions and/or voice concerns, but the obligation to monitor the progress of the application would be on the public. This strikes a fair balance.” While staff believes notification as recommended by the Planning Commission is appropriate, it is within the Council’s discretion to modify this provision as it sees fit. Given the ministerial nature of SB 9 applications, regardless of the timing, any notice will clearly specify the nature of the application and that the notice is for informational purposes only.
ATTACHMENTS
1. Draft Ordinance (text and map)
2. City Council September 5, 2024 Draft Minutes
74 L.
3. September 5, 2024 City Council Report (with links to other Council and Planning Commission Reports)
______________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 75 L.
ATTACHMENT 4
DRAFT ORDINANCE NO.___
AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BRISBANE MUNICIPAL CODE TITLES 16 AND 17 – TO ADD CHAPTER 17.05 RESIDENTIAL
OVERLAY TO PROVIDE FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN SINGLE FAMILY RESIDENTIAL ZONES AND TO AMEND SECTION 17.02.235 TO ADD A DEFINITION FOR “PRIMARY DWELLING UNIT” OR “MAIN DWELLING” AND TO MODIFY SECTIONS 17.02.120 AND 17.02.220
DEFINING CARPORTS AND DRIVEWAYS AND TO AMEND THE ZONING MAP TO ADD THE R-TUO
RESIDENTIAL TWO UNIT OVERLAY DISTRICT
Now, the City Council of the City of Brisbane hereby ordains as follows:
SECTION 1. Section 16.12.040 - Tentative and final parcel map—Exceptions to requirements is amended as follows:
16.12.040 - Tentative and final parcel map- Exceptions to requirements A tentative parcel map and final parcel map shall not be required in the following cases:
A. Where the subdivision is created by a short-term lease, terminable by either party on not more than thirty (30) days' written notice, of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code;
B. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for rights-of-way, unless a showing is made in individual cases that public policy necessitates a parcel map.
C. Where an urban lot split is proposed, see Chapter 17.05 of Title 17 of this Municipal Code. *****
SECTION 4. Section 17.02.120 - Carport is amended, as follows:
17.02.120 - Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a roof or other solid covering and enclosed on no more than two (2) sides.
*****
SECTION 5. Section 17.02.220 - Driveway is amended, as follows:
17.02.220 - Driveway. "Driveway" means a private roadway which provides access to off-street parking or loading spaces, and the use of which is limited to persons residing on the site, their invitees, or persons working on the site. A driveway may be shared, to serve two or more lots, by access easement across one or more of the affected lots. This does not include private streets as defined in Section
17.02.750.
*****
76 L.
SECTION 2: Section 17.02.230 - Duplex is hereby deleted in its entirety. *****
SECTION 3. Section 17.02.235 - Dwelling is amended to add a definition for “Duplex dwelling” and “Primary dwelling unit” or “Main Dwelling”, as follows:
17.02.235 - Dwelling.
"Dwelling" means a place that is used as the personal residence of the occupants thereof, including transitional housing as defined in California Health and Safety Code Section 50675.2(h) and supportive housing as defined in California Health and Safety Code Sections 50675.14(b)(2) and (3). The term includes factory-built or manufactured housing, such as mobile homes, but excludes trailers, campers, tents, recreational vehicles, hotels, motels, boarding houses and temporary structures.
A. "Duplex dwelling" means a building containing two dwelling units totally separated from each other by a wall, floor or ceiling; provided, however, that a building containing a single-family dwelling and a lawful accessory dwelling unit or junior accessory dwelling unit shall not be deemed a duplex.
B. "Dwelling group" means a group of two (2) or more detached buildings located upon the same site, each of which contains one or more dwelling units.
C. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis. Permanent residency shall mean continuous occupancy of the dwelling unit for a period of thirty (30) days or more.
D. "Multiple-family dwelling" means a building or site containing three (3) or more dwelling units (also see "duplex"). The term includes single-room-occupancy dwelling units, typically comprised of one or two (2) rooms (which may include a kitchen and/or a bathroom, in addition to a bed), that are restricted to occupancy by no more than two (2) persons.
E. "Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title.
F. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of existing, legally permitted floor area within an existing single-family dwelling; (2) must be owner occupied, or the main dwelling be owner occupied; and (3) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 17.43 of this Title.
G. “Primary dwelling unit” or “Main Dwelling” means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.
77 L.
H. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twenty-four-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "Group care home" for seven (7) or more persons.
*****
SECTION 6. Section 17.04.010 - Establishment of Districts is amended to add the “R-TUO Residential two unit overlay district” as follows:
The districts into which the city is divided are hereby established and designated as follows:
A. R-1 Residential district.
B. R-2 Residential district.
C. R-3 Residential district.
D. R-BA: Brisbane acres residential district.
E. R-TUO Residential two unit overlay district.
F. C-1: Commercial mixed use district.
G. NCRO: Central Brisbane commercial district.
H. HC: Beatty heavy commercial district.
I. SCRO-1: Southwest Bayshore commercial district.
J. SP-CRO: Sierra Point commercial district.
K. TC-1: Crocker Park trade commercial district.
L. TC-2: Southeast Bayshore trade commercial district.
M. MLB: Marsh Lagoon Bayfront district.
N. O-S: Open space district.
O. P-D: Planned development district.
P. PAOZ: Parkside overlay district.
Q. R-MHP: Residential mobile home park district.
*****
Section 7. Chapter 17.05 Residential Two Unit Overlay District is added to Title 17 as follows:
17.05 Residential Two Unit Development Overlay District.
17.05.010 Purpose. The purpose of this Chapter is to allow no more than two detached or attached primary dwelling units on one lot of record, establish objective standards for the District, and regulate certain subdivisions of a lot of record in single-family zoning districts, in accordance with State law. This Chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7, as may be amended, and applicable objective standards and procedures set forth in Chapters 17.06, 17.12, 17.43, 16.12, 16.16, and 16.20 of the Brisbane Municipal Code. 78 L.
17.05.020 Applicability and Relation to Other Sections. This Chapter is provided as an overlay district to the R-1 and R-BA residential districts, to comply with State law, and to carry out the purpose of Section 17.05.010, and, unless specifically addressed within this Chapter, the R-1 and R-BA district standards shall apply, as applicable. This Chapter also allows for ministerial approval of urban lot splits in conjunction with Chapter 16.16 and 16.20 of this Code.
This chapter shall not supersede the provisions of Section 17.01.060 - Requirement For Lot of Record and Infrastructure Improvements-- but applications shall be considered in concert with the provisions of that Section.
This chapter may be applied to a substandard lot, as further described in Section 17.47.030- Exceptions – Lot Area, Lot Dimensions and Lot Lines, if the substandard lot is a lot of record, as defined in Section
17.02.490.
17.05.030 Definitions
For the purposes of this Chapter, the following definitions apply. Terms not defined herein shall be based upon the definitions in Chapter 17.02.
A. “Access Corridor” means an access easement or the “pole” of a flag lot that provides vehicular access to the public right-of-way, that is free of features that obstruct ingress/egress to a lot.
B. “Acting in Concert” means the property owner, or a person as an agent or representative of the property owner, knowingly participating with another person in joint activity or parallel action toward a common goal of subdividing an adjacent parcel.
C. “Car Share Facility” means one or more parking space(s) that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.
D. “Department” means the Community Development Department.
E. “Existing Exterior Structural Wall” means and constitutes the original bottom plate and original top plate in its existing position, original studs (with the exception for new window framing), and capable of standing without support
F. “Flag or Panhandle Lot” means a parcel which includes a strip of land that is owned in fee that is used primarily for vehicular access from a public or private street to the major portion of the parcel.
G. “High Quality Transit Corridor” means a corridor with fixed bus route service with service intervals no longer than 15 minutes during peak commute hours, or as defined in State law.
H. “Major Transit Stop” means a site containing any of the following: (i) an existing rail or bus rapid transit station; (ii) a ferry terminal served by either a bus or rail transit service; or (iii) the intersection of two or more major bus routes with a frequency of service intervals of 15 minutes or less during the morning and afternoon peak commute periods, or as defined in state law.
I. “Primary Dwelling Unit” or “Primary Unit” means the same as defined in section 17.02.235.G.
J. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.
K. “Two-unit Development” means a proposed housing development that contains two primary dwelling units on a single lot.
79 L.
L. “Urban Lot Split” means a subdivision of an existing lot of record in a single-family zoning district into no more than two separate legal lots, which subdivision satisfies all of the criteria and standards set forth in this Chapter and Government Code Section 66411.7.
17.05.040 Eligibility.
A. To be eligible for a two-unit development or urban lot split as specified in this Chapter, the application shall meet all of the following criteria:
1. The lot is a lot of record and is located within the R-1 Residential zoning district or the R-BA Brisbane Acres Residential zoning district.
2. The owner(s) of the lot has not exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the application has been submitted.
3. The lot is not within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
4. The lot does not contain any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K), or successor provisions or as amended, which includes, but is not limited to, lands within wetlands, a very high fire hazard severity zone, a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood), habitat for protected species, and lands under a conservation easement.
5. The lot has not previously been subdivided under this Chapter, or under Government Code section 66411.7.
6. For urban lot splits, Prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner’s immediate family, intends to occupy one of the dwelling units as the person’s principal residence for a minimum of three years. This requirement shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
17.05.050 Anti-displacement/Eligibility Criteria.
A. Development under this Chapter shall not result in displacement of tenants from:
1. A lot that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. A lot that is subject to any form of rent or price control through the City’s valid exercise of its police power.
B. Development under this Chapter shall not result in:
1. Demolition or alteration as defined in Section 15.10.040.A or B of a dwelling unit that has been occupied by a tenant in the last three years.
2. Demolition of a building, or alteration as defined in Section 15.10.040.A or B, when the building is occupied by a tenant.
80 L.
17.05.060 Permitted Uses. The following uses, defined in Chapter 17.02 - Definitions, are permitted in this overlay zoning district in accordance with the development standards and are added to the permitted uses provided in Chapters 17.06 - R-1 Residential District and 17.12 - R-BA Brisbane Acres Residential District of this title:
A. Duplex dwellings.
B. Dwelling groups of two primary dwelling units per lot.
17.05.070 Two Unit Developments without an Urban Lot Split. A Two Unit Development on a lot of record that has not been split under the urban lot split provisions of this Chapter shall comply with the development standards provided in this section.
A. Development Standards. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply. For urban lot split development standards see Section 17.05.080.C.
1. Number of dwelling units. Development of up to four dwelling units may be built in the same lot area typically used for a single-family residence, without an urban lot split, as follows:
Development
Scenario Options
on a Single Lot
without Urban
Lot Split
Single Family
Dwelling
Duplex
Dwelling
(two
attached
primary
units”)
Two-unit
Dwelling
Group
(two
detached
primary
units”)
ADU JADU Total
Dwelling
Units
Type A. NA 2 2
Type B. NA 2 2
Type C. NA 2 1 3
Type D. NA 2 1 3
Type E. NA 2 2 4
Type F. NA 2 2 4
Type G. NA 2 1 1 4
Notes:
1. NA: Not applicable. Development of a single-family dwelling on a lot of record may be permitted per the zoning district standards, provided in Chapter 17.06 and 17.12, without invoking the two unit overlay provisions.
2. See Chapter 17.43 for applicable development regulations for ADU’s or JADU’s..
3. Four units are the maximum that may be permitted on a lot.
4. If Types A through D are initially developed, one or two ADUs may later be added up to the maximum allowed, Types E or F, subject to the provisions of this Chapter.
2. Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least 800 square feet in floor area, regardless of the zoning district’s lot coverage and floor area ratio (FAR) limits. For primary dwelling units over 800 square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code. 81 L.
3. Lot coverage. The R-1 or R-BA district lot coverage limit shall apply except where it would preclude development of new primary units of 800 square feet, or retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this Chapter and Chapter 17.43 of this Title.
4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be 4 feet, except for the following:
(a) Where the underlying district development standards allow for a lesser setback, the district standards shall apply.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.
5. Height of Primary Dwelling Units.
(a) Where a primary dwelling unit utilizes the 4-foot side or rear setback allowance, for a reduced setback versus the district’s setback, no portion of the building that is located in the area between the 4-foot setback and the district’s setback minimum shall exceed 25 feet in height.
(b) The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be 25 feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or(iii) as approved by design review permit per Section 17.12.040.L.
6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one dwelling unit, subject to approval by the City Engineer, based on finding that a shared driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
(i) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (ii) There is a designated parking area for one or more car-share facilities within one block of the lot.
17.05.080 Urban Lot Splits. The City may approve a parcel map for an urban lot split ministerially, subject to the procedures, requirements and development standards provided in this section. 82 L.
A. Ministerial Parcel Map Procedures. The parcel map shall be prepared following the tentative map form and procedures provided in Chapter 16.16 - Tentative Map Procedures and Chapter 16.20- Final Map Procedures, except that the parcel map shall be approved by the City Engineer. The City Engineer shall have authority to waive specific requirements provided in Chapter 16.16 and Chapter 16.20, if the City Engineer deems the requirements inapplicable, given the site location or other characteristics.
B. Ministerial Parcel Map Requirements. A parcel map for an urban lot split shall meet the requirements of Chapter 16.16 and 16.20 of the Municipal Code, as deemed applicable by the City Engineer, and all of the following requirements:
1. The parcel map subdivides an existing lot of record to create no more than two legal lots of record of approximately equal lot area provided that one lot shall not be smaller than 40 percent of the lot area of the original lot of record proposed for subdivision.
2. Both newly created lots of record shall be no smaller than 1,200 square feet.
3. The zoning district lot width and depth dimension minimums shall not apply.
4. Flag lots may be approved. The flagpole portion, whether part of the flag lot or an easement on the flag lot, shall have a minimum width of 12 feet to accommodate a driveway, unless a lesser width is approved by the City Engineer. The location and dimensions of driveways are subject to approval by the City Engineer as set forth in Section 12.24.015.
5. Both parcels resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.
6. The approved parcel map shall include a notation that the parcels were created using the Urban Lot Split provisions of this Chapter and the resulting parcels cannot be further subdivided under this Chapter.
7. The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this Chapter.
8. The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this Chapter.
9. Neither the property owner of the parcel being subdivided nor any person acting in concert with the property owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.
C. Development Standards for Urban Lot Splits. Development on lots that have been split under this Chapter shall comply with the development standards provided in this section. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply.
1. Number of dwelling units. With an urban lot split, development of no more than four dwelling units may be built in the same lot area that would otherwise be used for a single-family residence, as shown in Tables a and b provided below. Note that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two resultant lots. For example, if one resultant lot is developed with three units (Types F, G, H or I), the second resultant lot may only be developed with a single family dwelling (Type A), for a maximum of four units on the two resultant lots.
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a. Number and Types of Units- With Urban Lot Split
Development
Scenario Options
for Each
Resultant Lot
Following Split
Single
Family
Residence
Duplex Two-unit
Dwelling
Group
ADU JADU(2) Total
Units per
lot
Type A 1 1
Type B 1 1 2
Type C 1 1 2
Type D 2 2
Type E 2 2
Type F 1 1 1 3
Type G 2 1 3
Type H 2 1 3
Type I 2 1 3
Notes:
1. Urban lot splits may utilize a combination of buildout types A – H, provided that all of the following conditions are met: a) the total number of units does not exceed four across the two lots, b) each of the two lots is to be developed with at least one primary dwelling unit, and c) development of ADUs and JADUs shall comply with Chapter 17.43.
2. JADU’s are not permitted as a part of building that contains 2 or more units (i.e. duplex). b. Lot Split - Resulting Lot Buildout Scenarios. The following table shows the total units that may be achieved by applying the development scenario options from Table 17.05.080.C.1.a to the two resultant lots.
RESULTANT LOT 1 (Housing Unit Totals)
RESULTANT
LOT 2
(Housing
Unit Totals)
Buildout
Type
(units)
Type A
(1)
Type
B
(2)
Type
C
(2)
Type
D
(2)
Type
E
(2)
Type F
(3)
Type G
(3)
Type H
(3)
Type
I
(3)
Type A (1) 2 3 3 3 3 4 4 4 4
Type B (2) 3 4 4 4 4 NP NP NP NP
Type C (2) 3 4 4 4 4 NP NP NP NP
Type D (2) 3 4 4 4 4 NP NP NP NP
Type E (2) 3 4 4 4 4 NP NP NP NP
Type F (3) 4 NP NP NP NP NP NP NP NP
Type G (3) 4 NP NP NP NP NP NP NP NP
Type H (3) 4 NP NP NP NP NP NP NP NP
Type I (3) 4 NP NP NP NP NP NP NP NP
Note: NP: Not Permitted for the buildout scenario. Buildout scenario may not exceed four units. 84 L.
2. Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least 800 square feet in floor area, regardless of the zoning district’s lot coverage and floor area ratio (FAR) limits. For primary dwelling units over 800 square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.
3. Lot coverage. The zoning district’s lot coverage limit shall not apply where it would preclude development of new primary units of at least 800 square feet, retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this Chapter and Chapter 17.43 of this Title.
4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four feet, except for the following:
(a) Where the underlying zoning district development standards allow for a lesser setback, the district standards shall prevail.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.
5. Height of Primary Units.
(a) Where a primary dwelling unit utilizes the 4-foot side or rear setback allowance, for a reduced setback versus the district’s setback, no portion of the building that is located in the area between the four 4-foot setback and the district’s setback minimum shall exceed 25 feet in height.
(b) The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be 25 feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or(iii) as approved by design permit per Section 17.12.040.L.
6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one lot, subject to approval by the City Engineer, based on finding that the driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
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(iii) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (iv) There is a designated parking area for one or more car-share facilities within one block of the parcel.
7. Deed Restriction. A property owner utilizing the provisions of this Chapter shall record a deed restriction, in a form acceptable to the City, that does the following:
(a) Where applicable, documents that the lot split complies with the provisions of this Chapter and restrictions provided in Government Code section 66411.7. (b) Expressly prohibits any rental of any dwelling unit on the property or properties for a term of 30 days or less.
17.05.090 Requirement for a Building Permit
Demolition, alteration or construction of any building shall require building permit(s). All construction shall be in conformance with the most recent edition of the California Model Codes with any applicable Brisbane amendments.
17.05.100 Notices
Upon issuance of a building permit for a two unit development under Section 17.05.070 or a building permit following an urban lot split under Section 17.05.080, the City shall provide an informational notice to the property owners adjacent to and directly across the street from the subject site(s). The notice shall provide a brief description of the project and information on how to view approved plans.
17.05.110 Condominiums
Condominiums may be established for primary dwelling units in accordance with Chapter 17.30 - Condominiums. Establishment of condominiums shall be subject to ministerial approval by the Community Development Director, based on conformance with the applicable provisions of this chapter and Chapter 17.30.
17.05.120 Findings of Denial. The City may deny a two-unit housing development or urban lot split, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Section 17.05.030.J. *****
SECTION 8: 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, 86 L.
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 9: This Ordinance shall be in full force and effect thirty days after its passage and adoption.
_____________________________
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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TC-2
TC-1
SP-CRO
SCRO-1
R-MHP
R-BA
R-3
R-2
R-1
PD
PAOZ-2
PAOZ-1
O-S
NCRO-2
NCRO-1
MLB
M-1
HC
C/P-U
C-1
R-TUO
0 0.25 0.51 1.52
Miles
P r o p o s e d N e w Z o n i n g D i s t r i c t
C I T Y O F B R I S B A N E C A L I F O R N I A
Parcel and HCP GIS data provided by San Mateo County
Zoning GIS data provided by City of Brisbane
04/25/2024
Baylands San Francisco Bay HWY 101
Northeast Ridge
Crocker Park
Brisbane
Lagoon
Sierra Point
Marina
Quarry
Central Brisbane
Brisbane Acres
NE Bayshore
Southeast Bayshore
VALLEY DR
BAYSHORE BLVD
VISITACION AVE
TUNNEL AVE
LAGOON WAY
SAN BRUNO AVE
GUADALUPE CANYON PKWY
HWY 101
HWY 101
Beatty
Brisbane Parcels
TC-2
TC-1
SP-CRO
SCRO-1
R-MHP
R-BA
R-3
R-2
R-1
PD
PAOZ-2
PAOZ-1
O-S
NCRO-2
NCRO-1
MLB
M-1
HC
C/P-U
C-1
Commercial/Public Utilities District
Heavy Commercial District
Manufacturing District
Marsh Lagoon Bayfront District
Brisbane Village Neighborhood Commercial District
Downtown Brisbane Neighborhood Commercial District
Open Space
Parkside Overlay District - Clustered Housing
Parkside Overlay District - Multi-Family Housing
Sierra Point Commercial District
Commercial Mixed-Use District
Planned Development District
Residential District
Residential District
Residential District
Brisbane Acres Residential District
Residential Mobile Home Park District
Southwest Bayshore Commercial District
Crocker Park Trade Commercial District
Southeast Bayshore Commercial District
HCP Habitat Conservation Plan Area
Airbus,USGS,NGA,NASA,CGIAR,NCEAS,NLS,OS,NMA,Geodatastyrelsen,GSA,GSI and the GIS User Community E x i s t i n g L a y e r s / Z o n i n g D i s t r i c t s P r o p o s e d N e w Z o n i n g D i s t r i c t
R-TUO Residential Two Unit Overlay District
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City Council Meeting Minutes
September 5, 2024
Q. Proclaiming September as National Preparedness Month Mayor O’Connell proclaimed September 2024 as National Preparedness Month and encouraged all Brisbane residents to increase their knowledge and awareness of proper safety measures to follow before, during, and after a disaster.
Deputy Fire Chief Abelson accepted the proclamation on behalf of North County Fire Authority.
CONTINUED PUBLIC HEARING
R. Consider Introducing an Ordinance Approving a Zoning Text and Map Amendment 2024-RZ-1, Overlay to R-1 Residential District and the R-BA Brisbane Acres Residential District in Entirety (It is being recommended to introduce an ordinance approving a zoning text and map amendment 2024-RZ1 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 environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183. This item was continued from the City Council Meeting of June 6, 2024 and July 18, 2024.) Community Development Director Swiecki presented a graphic to explain what happens in Brisbane with the proposed ordinance and without the proposed ordinance.
After Council questions, Mayor O’Connell opened the public hearing.
Peter Sutherland shared his concerns about road safety and the quality of soil in the acres.
Stephen Goodwin shared his public health and safety concerns about the proposed Ordinance.
Rachel asked what the federal protections for the trees are.
Tom Heinz commented there is strength in numbers to join the other cities against SB 9.
Sherry Goodwin submitted petitions signed by 224 members of the public not to approve the Ordinance and have the public decide on the issue through an election.
Linda Salmon commented that the residents need protection from earthquakes, mudslides and fires.
DeeDee Porter commented that she signed the petition to prevent overdevelopment in the area above Kings Road and that she should have read up more on the proposed ordinance, SB 9 and SB 1037. She added that the ordinance does not mandate that we develop the Acres and that SB 9 cannot be implemented in areas that do not have infrastructure. The ordinance will also help protect the City more and not lessen restrictions. All of this is public opposition is to SB 9 and not the council's proposed ordinance.
Michele Salmon asked the Council to read the Open Space Ecology Committee letter regarding this issue and delay the vote for two more weeks.
Prem Lall asked for more information about the trust-like option for Open Space.
Paul Bouscal agrees with developing plans to protect the Acres.
Leesa Greenlee agrees with developing plans to protect the Acres if it is just a matter of semantics. She also shared her concerns about Margaret Road.
Ron Coloma commented that Council should preserve the property rights of property owners in the lower acres.
Michele Salmon, Peter Sutherland, Dana Dillworth and Paul Bouscal added follow up comments.
Councilmember Cunningham made a motion, seconded by Councilmember Davis, to close the public hearing.
The motion passed unanimously by all present.
Ayes: Councilmembers Cunningham, Davis, Lentz, Mackin, and Mayor O’Connell. 89 L.
City Council Meeting Minutes
September 5, 2024
Noes: None
Absent: None
Abstain: None
After a brief break, Council continued the public hearing Item R to a future City Council meeting in order for staff to provide more information to Council on zoning district issues including protection of Cityowned open space, public street standards and related development standards, ownership of non-public roadways, and solar shading.
S. Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide (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 and July 18, 2024.) Due to the late hour, Continued Public Hearing Item S was not discussed and will be continued to a future meeting.
STAFF REPORTS
T. City Manager’s Report on Upcoming Activities
City Manager Dennis reported on an upcoming event.
MAYOR/COUNCIL MATTERS
U. Update on Vacancy on the Open Space Ecology Committee and IDEA Committee City Clerk Padilla reported that Committee Member Glenn Fieldman from OSEC and Miyoko Nida from the IDEA Committee had resigned from their committees. Councilmembers directed Clerk Padilla to begin recruitment to fill these two seats and other expiring seats in 2025. Interviews will be scheduled January of 2025.
V. Update on the City Council Meeting 2024 Schedule
Councilmembers approved the remaining schedule for the City Council Meetings of 2024, which includes the following:
October 3, 2024 Proposed Special Meeting Best Practices/Code of Conduct Workshop October 17, 2024 Regular Meeting
November 7, 2024 Regular Meeting
November 21, 2024 Special Meeting (Mayoral Rotation) & Regular Meeting December 5, 2024 Regular Meeting
December 12, 2024 Special Meeting for the City Council Reorganization December 19, 2024 Meeting Cancellation
90 L.
CITY COUNCIL AGENDA REPORT
Meeting Date: September 5, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Map and Text Amendment 2024-RZ-1 – zoning text and map amendment 2024- RZ-1 amending regulations within Title 16 and 17 of the Brisbane Municipal Code to add the RTUO residential two unit overlay district as new chapter 17.05 and related amendments; and finding that this project is exempt from environmental review under CEQA Guidelines Sections 15061(b)(1) & (3), Section 15183; City of Brisbane, applicant.
SUPPLEMENTAL REPORT
This matter has been continued from the City Council meetings of June 6 and July 18 2024. To further explain the requirements of SB 9 (which is currently in effect and will remain in effect whether or not 2024-RZ-1 is adopted) city-prepared Frequently Asked Questions (FAQS ) have been updated and are available at 2024-RZ-1 | Brisbane, CA (brisbaneca.org) The previous City Council report and related Planning Commission reports are attached for reference and contain a detailed analysis of the proposed amendment.
RECOMMENDATION
Introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendments, as provided in Attachment 4 of the July 18 2024 City Council report.
ATTACHMENTS
1. July 18 2024 City Council Report
______________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager John Swiecki
91 L.
CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Map and Text Amendment 2024-RZ-1 – zoning text and map amendment 2024- RZ-1 amending regulations within Title 16 and 17 of the Brisbane Municipal Code to add the RTUO residential two unit overlay district as new chapter 17.05 and related amendments; and finding that this project is exempt from environmental review under CEQA Guidelines Sections 15061(b)(1) & (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 ordinance to establish regulations for urban lot splits and two-unit developments consistent with the requirements of Senate Bill SB 9.
RECOMMENDATION
Introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendments, 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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July 18, 2024 Meeting
DISCUSSION:
As directed by City Council, staff has prepared informational webpages for SB 9, including graphics which illustrate buildout examples. The July Star included a front-page article summarizing the proposed amendment as well as a hyperlink to the new web pages. See the hyperlink to a new draft ordinances webpage, Draft Ordinances | City of Brisbane, CA (brisbaneca.org) , and the SB 9 specific webpage, 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org) Information regarding the proposed amendment was also included in the July 3 Brisbane Blast and on the City’s social media platforms. As part of the Blast, the City included a link to a new community outreach platform “Engage Brisbane”, which allows community members to provide responses to questions on the objective standards that are included in the ordinance. 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.
The new webpages include substantial information on a number of issues associated with the requirements and implications of SB 9 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. See weblink 2024- RZ-1 | City of Brisbane, CA (brisbaneca.org) for additional information.
Key considerations include:
• SB 9 became effective statewide in January 2022, including Brisbane. The City is obligated under state law to process applications that demonstrate compliance with SB 9, whether or not the City adopts an ordinance. Since SB 9 took effect in 2022, owners on a total of 4 lots within Brisbane have applied for SB 9 developments, although no development permits have been approved.
• Development under SB 9 allows for property owners to either add an additional unit on their lot (two-unit development) or subdivide their lot into 2 lots (urban lot split), subject to certain restrictions. This is applicable to the R-1 Residential District (R-1) and the R-BA Brisbane Acres Residential District (R-BA). Currently, without using SB 9, lots within these districts may be developed with a single family dwelling, an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU), for a maximum of (3) units total. Although many variations on development under SB 9 can be achieved, it allows for no more than a total of four (4) units within the original lot area. This represents one more unit than 93 L.
July 18, 2024 Meeting
allowed under current zoning regulations. Attachments 1 and 2 illustrate several theoretical SB 9 development scenarios.
• Concerns have been raised about the applicability of SB 9 to the R-BA zoning district.
While SB 9 theoretically applies to the R-BA district as a whole, there are several SB-9 eligibility criteria that could limit its applicability to any given lot within the district.
Specifically, lots containing endangered butterfly habitat are not eligible for SB 9 development. Additionally, SB 9 allows that a public agency may deny a project that would have a specific adverse impact upon public health and safety that cannot be mitigated. Consistent with that provision, to promote public safety, Brisbane Municipal Code Section 17.01.060 does not allow for development of new dwelling units on lots that do not have public infrastructure. Therefore, lots within the R-BA district which lack access to public roadways and infrastructure would be ineligible for SB 9 development.
As a result of these criteria, it is likely that many existing R-BA zoned lots would not be eligible for SB 9 development. Any lot in the R-BA zone applying for an SB 9 development would need to demonstrate that all criteria for SB 9 eligibility have been met. Lastly, many lots within the upper Acres have been acquired by the City for open space purposes (see Attachment 3), further reducing the number of lots in the R-BA District with development potential.
• Adoption of the proposed ordinance allows the City to impose objective standards on SB 9 developments. The draft ordinance includes objective standards restricting the height of buildings within the state’s allowable setback areas and on R-BA ridgeline lots. The draft ordinance also requires that the minimum of one off-street parking space per primary unit be uncovered or within a carport, to help ensure these spaces are used for parking. Garage spaces may be provided in addition to the minimum uncovered or carport spaces. It also allows for shared driveways to help preserve on-street parking. • If the draft ordinance is not approved, property owners will still have the right to proceed with SB 9 developments subject to state regulations. The City will be unable to apply any other development standards.
FISCAL IMPACT
None.
MEASURE OF SUCCESS
To provide clear provisions in the BMC in compliance with SB 9 (2021). 94 L.
July 18, 2024 Meeting
ATTACHMENTS
1. Webpage excerpts - Selected graphic illustrations and FAQs
2. Website hyperlinks (including additional illustrations):
a) Draft Ordinances | City of Brisbane, CA (brisbaneca.org) b) 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org)
3. R-BA City Ownership Map
4. Draft Ordinance - Text and Map Amendment
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 95 L.
ATTACHMENT 1
Website Excerpts
Selected Graphic Illustrations & FAQs
For FAQs and additional illustrations, see 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org) Selected R-1 Buildout Scenarios
From left to right:
1. Single family dwelling (blue) on standard R-1 lot, per district regulations
2. Single family dwelling, accessory dwelling (yellow) and junior accessory dwelling (red), per district regulations.
3. SB 9 two unit development with second primary dwelling unit (purple)
4. SB 9 urban lot split with second primary dwelling unit (purple).
R-1 District Site Plan Views:
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ATTACHMENT 1
R-1 District Axonometric Views
Frequently Asked Questions
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ATTACHMENT 1
2024-RZ-1 | City of Brisbane, CA (brisbaneca.org)
Why should the City adopt a local ordinance to address SB 9? In 2021 the Governor signed SB 9, which became effective for jurisdictions state-wide in January 2022 and the City is currently processing applications pursuant to SB 9.
Through adoption of a local ordinance the City may include objective development standards, as long as those standards wouldn’t preclude development that would otherwise be compliant with the provisions of SB 9. Objective standards are including in the draft ordinance for 1) parking and 2) building heights within setbacks and on ridgeline lots, as further described below. A local ordinance would provide for clarity in the City’s implementation of SB 9 provisions. The draft ordinance would also commit the City to providing an informational notice to the owners of neighboring properties upon approval of a development project under SB 9.
SB 9 refers to urban lot splits and two unit developments. What’s the difference between the two?
“Two unit developments” generally refers to the development of two primary dwelling units on a an existing lot, or on a lot created through an urban lot split.
An "urban lot split" is a ministerial split of one single family residential lot into two lots pursuant to the provisions of SB 9. Each resultant lot may have a two unit development or a combination of primary dwelling units and JADUs or ADUs. In any case, the maximum development that may occur over the original lot area is 4 dwelling units. That’s one more than may otherwise be permitted.
The draft ordinance is proposed as an overlay district. What does this mean? An overlay district does not alter the underlying district standards. The overlay district (RTUO Residential Two Unit zoning district) standards would only apply to those properties that apply for a permit pursuant to the provisions of SB 9 and are approved for development consistent with SB 9.
Which properties in Brisbane are subject to SB 9?
SB 9 only applies to single family zoning districts, which in Brisbane are the R-1 and R-BA zoning districts. These districts are shown in yellow on the zoning map excerpt (see also our Interactive Zoning Map):
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ATTACHMENT 1
What development is currently allowed within the R-1 zoning district and what does SB 9 allow?
The current lot size standard in the R-1 zone is 5,000 sq ft, although a number of smaller lots are recognized as legal lots, generally in the range of 2,500 sq ft to 5,000 sq ft based on older lot size standards. The R-1 zoning allows for one single family dwelling unit, one attached junior accessory dwelling unit (JADU) and one accessory dwelling unit (ADU) on a lot, irrespective of size, assuming the applicable development standards are met.
SB 9 allows for one additional dwelling unit on that same lot area, either following an “urban lot split” or as a “two unit development” on the existing lot, subject to a number of qualifying criteria and restrictions. An urban lot split is a ministerial division of one legal lot into two lots and a two unit development allows for two primary dwelling units, such as two single family dwellings or a duplex on a lot. Regardless of whether SB 9 is implemented by an urban lot split or by a two unit development on the existing lot, the total dwelling unit count for the original lot area may not exceed four units, including accessory dwelling units, versus three units under the current zoning for both districts. There are various potential buildout configurations and comparison examples for:
1. what may be developed under the R-1 zoning without SB 9;
2. a two unit development; and
3. an urban lot split.
These are theoretical examples based on a maximum buildout. Additional examples based on a maximum buildout are available at this link.
What development is currently permitted in the R-BA zone and what will SB 9 allow? 99 L.
ATTACHMENT 1
The lot size standard in the R-BA zone is 20,000 sq ft. The R-BA zoning currently allows for one single family dwelling unit, one attached junior accessory dwelling unit (JADU) and one accessory dwelling unit (ADUs) on a lot. SB 9 allows for one additional dwelling unit on that same lot area, either following an “urban lot split” or as a “two unit development” on the existing lot, subject to a number of qualifying criteria and restrictions.
One such qualifying criteria is that the lot may not have endangered species habitat. The R-BA district as a whole is within the San Bruno Mountain Habitat Conservation Plan area and a number of the properties, especially in the upper reaches of the district are likely to contain habitat for endangered butterfly species and would therefore be excluded. Another is that the lot must have infrastructure access for safety and utilities. Many of the lots do not currently have such access or utilities. Since this cost is borne by the property owner for development, this will likely continue to prove to be cost prohibitive, especially for those properties that are distant from existing infrastructure and on steep terrain.
Are there any other limitations on when SB 9 applies?
The endangered species and infrastructure restrictions are applicable to much of the R-BA district, but there are a number of other requirements and restrictions that may apply to either the R-1 and R-BA. Some of these are as follows:
• The lot does not contain wetlands;
• The lot may not be in a very high fire hazard severity zone; • The lot may not contain habitat for protected species; • The lot may not be on lands under a conservation easement; • The lot has not previously been subdivided via urban lot split; • For urban lot splits, prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner’s immediate family, intends to occupy one of the dwelling units as the person’s principal residence for a minimum of three years; and
• Development may not result in demolition of a dwelling unit that has been occupied by a tenant in the last three years and other tenant displacement protections.
What is the net increase in the number of housing units that may be developed on a given lot using the SB 9 provisions versus what may currently be developed without using SB 9? The net increase in dwelling units on a given lot is one (1) unit. Currently a lot of record in either the R-BA or the R-1 district maybe developed with a single family dwelling (SFD), an accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) without invoking SB 9 provisions. SB 9 provides for one more unit as a primary dwelling unit. That may be as a detached unit (resulting in a two unit dwelling group) or as a duplex. If the lot is split, as an urban lot split under the SB 9, the mix of units between the two resultant lots may range from 1 to 3 units, but the total across both resultant lots may not exceed 4 units.
How many units might be developed city-wide as a result of SB 9? 100
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ATTACHMENT 1
This is unknown. Since SB 9 took effect in 2022, owners on a total of 4 lots have applied for SB 9 development via two unit development or an urban lot split, although no development permits have yet been approved. For reference, case studies on three of these projects as provided on the City's website. Also, while there are approximately 880 lots in the R-1 district, lot size, topography, existing construction and other constraints could make SB 9 developments impractical or infeasible. Access and habitat constraints would also likely reduce the feasibility of SB-9 development throughout the R-BA zone.
What permits would be required for a two unit development or urban lot split? For a two unit development without a lot split, a property owner would need to obtain a building permit, which would include documentation on eligibility.
For an urban lot split, prior to obtaining the building a lot split would be required, via separate planning application.
As part of the above referenced permits, a deed restriction would be recorded on the property, identifying the property as being developed through SB 9 and subjecting it to certain development and use restrictions, as provided in the ordinance.
Whether the development under SB 9 is a two unit development on the existing lot, or the owner chooses to apply for an urban lot split, prior to submitting for a building permit, the applications require ministerial approval by the City, as long as they meet all of the requirements of SB 9.
Additional information related to the process in Brisbane for Urban Lot Splits & Two-Unit Developments is available on the City's website. Urban Lot Splits & Two-Unit Developments in Single-Family Zones | City of Brisbane, CA (brisbaneca.org) In an urban lot split, do the two resultant lots need to be the same size? No, but they must be close in size. Pursuant to state law, the allowable size ratio between two resultant lots must be in the range of 40:60 to 50:50. For a 5,000 SF lot, that would be resultant lots in the range of 2,000 SF and 3,000 SF, to 2,500 SF and 2,500 SF, respectively.
Is there a maximum size of the dwelling units that may be permitted under SB 9? The underlying district floor area limits would apply. For the R-1 district that floor area ratio is
0.72, or 3,600 sq ft on a 5,000 sq ft lot, except that the City must allow for primary dwelling units of at least 800 sq ft. An owner may voluntarily develop a smaller unit subject to California Building Code requirements. For the R-BA district, the maximum FAR is also 0.72, except that the total floor area may not exceed 5,500 sq ft.
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ATTACHMENT 1
SB 9 provides that a jurisdiction may not require more than a 4 foot building setback from the side or rear lot lines. Comparing this to the current R-1 district standards, the minimum side setbacks range from 3 to 5 feet, depending on the lot width, and the rear setback requirement is 10 feet. In the R-BA district, the minimum rear setback is also 10 feet and the side setbacks range from 5 to 15 feet, depending on the lot width.
Following the Planning Commission’s workshops and public hearing on the draft ordinance, the Commission recommended an objective standard, that the area between the zoning district’s standard setback area and the state’s 4 foot allowance, the building height may not exceed 25 feet. The current standard in the R-1 district is 28 to 30 feet depending on the slope.
Additionally, the 25 foot limit would apply to ridgeline lots within the R-BA district. The current height limit for buildings in the R-BA district is 35 feet. (Note, under the draft ordinance 2024-RZ-2 a height limit of 36 feet has been proposed for both the R-1 and R-BA districts.)
Also, per SB 9 provisions, the City may not require more than one parking space for each primary dwelling unit. Following the Planning Commission’s workshops and public hearing on the draft ordinance, the Commission has recommended an objective standard, that the parking requirement may only be met by off-street uncovered parking or by parking covered by a carport. While garage spaces may be provided, as an owner’s option, they would not count towards the minimum requirement. This proposed standard stemmed from a concern over the common practice of use of garages for storage other than parking.
It has also been proposed that shared driveways should be permitted. This would be to allow for fewer driveway curb-cuts, to help minimize impacts to existing street parking.
Note that, where the R-1 or R-BA zoning district standards are not specifically superseded by the standards provided through SB 9, the underlying zoning district standards would apply.
How are accessory dwelling units or junior accessory dwelling units affected by SB 9? The development provisions for ADUs and JADUs are contained in BMC Chapter 17.43. These provisions would not be changed by the ordinance. That is with the exception that, the use of a property for an ADU or JADU might be superseded by development of a primary dwelling unit through SB 9, but where an ADU or JADU is allowed, the provisions of Chapter 17.43 would still apply.
Since there was a lawsuit over SB 9 in southern California, how will this affect Brisbane? A recent ruling by a Los Angeles Superior Court judge’s overturning SB 9 applied to five charter cities in Southern California. The City’s Legal Counsel indicated that the decision has no effect on other trial courts or other cities. Also, the cities in question are charter cities, not general law cities, such as Brisbane, and the decision hinged on SB 9 conflicting with the land use authority of those cities under their charters. As such, the decision is not relevant to SB 9 as it applies to the City of Brisbane.
Are there some buildout examples?
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Subject to certain restrictions, SB 9 allows for two-unit developments and urban lot splits in the R-1 Residential District and R-BA Brisbane Acres Residential District. No more than two primary units may be built on a single lot, whether before or after a lot split, and no more than 4 units (including ADUs and JADUs) may be built across the original lot area.
Consistent with SB 9, the draft ordinance provides tables showing the possible scenarios. A few of the many possibilities have been illustrated on the City's website, based on a 5,000 sq ft lot in the R-1 district and a 20,000 sq ft lot in the R-BA district.
Click here for sample scenarios of Two Unit Developments and Urban Lot Splits and three Brisbane case studies.
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ATTACHMENT 2
Website hyperlinks:
a) Draft Ordinances | City of Brisbane, CA (brisbaneca.org) b) 2024-RZ-1 | City of Brisbane, CA (brisbaneca.org)
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San Benito Rd
King
s
Rd
Humbo
Margaret Ave
Ma
rg
aret
Ave
Radio Rd
San Benito Rd
Sierra Point Rd
Sierra Point Rd
BRISBANE
ELEMENTARY
SCHOOL
Kings Rd
Humboldt Rd
Humboldt Rd
Humboldt Rd
S
ierra
P
oint Rd
Arthur D
r
FIRTH PARK
Radio Rd
Radio Rd
San Bruno Ave
Thoma
s Av
e
Southeast
Bayshore
San Bruno Ave
Humboldt Rd
Lake St
Annis
R
d
McLain
Rd
Gladys
Ave
Ha rold Rd
Bayshore
Blvd
Southwest
Bayshore
Radio Rd
Van Waters&Rogers Rd
Bayshore Blvd
Radio Rd
Bayshore
Blvd
26 83
79 77
78 82
85 84 A
87 86
66 67
65 64
63 68
70 71 &
71 A
72 73 74
75 75 A
76 89
90 91
94 96
97 98
55 56
57 58
59 60
69 61
62 35
36 37
100
30 38
51 52
54 53
25 101
27 105
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39 40
41 42
43 44
45 46
50 49
48 47
29 29
28 City Owned Parcels Acquired for Open Space Purposes in the R-BA District and Funding Sources ¯
07/09/2024
Esri Community Maps Contributors, County of San Mateo, California, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap, and the GIS user community Other Means -
Donations, Lawsuit, Density Transfer
US Fish & Wildlife Funded
Coastal Conservancy Funded
Water Tank Sites
City Funded
City Owned Properties
& Funding Sources
Parcels
Priority Preservation Area 2023
Other Layers
R-BA
R-1
Zoning Layers
ATTACHMENT 3
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CITY COUNCIL AGENDA REPORT
Meeting Date: June 6, 2024
From: John Swiecki, Community Development Director
Subject: Zoning Map and Text Amendment 2024-RZ-1 – zoning text and map amendment 2024- RZ-1 amending regulations within Title 16 and 17 of the Brisbane Municipal Code to add the RTUO residential two unit overlay district as new chapter 17.05 and related amendments; and finding that this project is exempt from environmental review under CEQA Guidelines Sections 15061(b)(1) & (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 ordinance to establish regulations for urban lot splits and two-unit developments consistent with the requirements of Senate Bill SB 9.
RECOMMENDATION
Introduce the ordinance amending the zoning text and zoning map to establish the R-TUO Residential Two Unit Overlay district and related code amendments, as provided in Attachments 1 and 2.
BACKGROUND
California Senate Bill SB 9 (2021) was codified as Gov’t Code Sections 65852.21(j) and 66411.7(n).
These regulations became effective on January 1, 2022 and require jurisdictions statewide to permit two-unit primary dwellings in the single-family residential zoning districts on lots where one single-family dwelling would normally be permitted, or for single-family lots to be split into two lots, subject to certain restrictions. For Brisbane, this is applicable to the R-1 Residential District and the R-BA Brisbane Acres Residential District. It does not apply to multifamily zoning districts.
Property owners may invoke the provisions of SB 9, absent a City ordinance. Since January 2022, the City has had four such applications submitted, two for urban lot splits and two for two unit 1 110
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developments. Although SB 9 may be invoked without City regulations, the revised 2023-2031 Housing Element (Housing Element) includes a program for Brisbane to update its zoning ordinance to implement SB 9. That is:
“Program 2.A.6: Adopt implementing ordinance for ministerial duplex conversions and single-family lot splits as provided by Government Code Sections 65852.21 and 66411.7.” State law also allows jurisdictions to adopt objective standards through local ordinance, so long as they would not preclude two unit developments that would otherwise comply with the law.
The Planning Commission held workshops in 2023 to early 2024 on the proposed regulations, then a held a public hearing on May 9, 2024. The Planning Commission, 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 4, 5 and 6. Public correspondence is provided in Attachment 7.
Correspondence and the Planning Commission’s discussion referenced a recent ruling by a Los Angeles Superior Court judge’s overturning SB 9 as it applies to five charter cities in Southern California and its potential applicability to Brisbane. The City’s Legal Counsel indicated that the decision has no effect on other trial courts or other cities. Also, the cities in question are charter cities, not general law cities, such as Brisbane, and the decision hinged on SB 9 conflicting with the land use authority of those cities under their charters. As such, the decision is not relevant to SB 9 as it applies to the City of Brisbane.
DISCUSSION:
SB 9 allows for owners of certain eligible lots within the single-family zoning districts to either split an existing lot of record to two lots, or to keep the lot as-is and develop it with two primary units where one single family dwelling would otherwise be permitted. Note that a primary dwelling unit is a housing unit that is not a junior accessory dwelling unit (JADU) or accessory dwelling unit (ADU). Primary dwelling unit is a broad term that, for the purposes of the proposed overlay district, may include single family dwellings, duplex dwelling units and two-unit dwelling groups. In multifamily zoning districts a primary unit may also refer to units within a multifamily development.
State law and Brisbane code also allows for JADUs and ADUs, both on lots with single family dwellings and those established through SB 9. There are various ways that development under SB 9 could be accomplished, but in essence the maximum number of units that could be permitted by invoking SB 9 is four units and the maximum without SB 9 is three units. Note that per SB 9, the permitting process would be ministerial, whether the development is as a two unit development on an existing lot, or by urban lot split.
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Specific provisions, as required by SB 9, allow for the following:
• Primary dwelling units of 800 square feet in floor area must be allowed, regardless of the underlying district’s floor area ratio (FAR) maximums. Note that JADU and ADU sizes are provided in BMC Chapter 17.43, consistent with state law, and these would not change. • The district’s lot coverage limits may not be used to prevent development that would otherwise comply with the development standards.
• Required side and rear setbacks shall not exceed 4 feet. • No more than 1 off-street parking space per primary dwelling unit may be required by the City.
• For urban lot splits, the two resultant lots must each be at least 1,200 square feet and the size difference between the lot must be in the proportion range of 50:50 to 40:60, so they would be near the same size.
Additional provisions proposed in the draft ordinance are outlined below, with further discussion on the next page:
• In cases where the 4 foot setback would be less than the underlying district setback, a height limit of 25 feet is proposed as discussed below. The existing district setback standards range from 3 to 5 feet for the side and 10 feet in the rear in the R-1 district and 5 to 15 feet for the side and 10 feet in the rear in the R-BA district. • Each primary dwelling unit would be required to have a minimum of one standard size off-street parking space, as indicated above, and that parking may be either uncovered or covered by a carport. Garage parking may also be provided, as an owner’s option in addition to the minimum parking, but it may not count toward meeting the required parking.
• Shared driveways may be permitted.
Height Limit: The 25 foot height limit is proposed for that portion of a primary dwelling that is located between the underlying district setback and the 4 foot setback allowed by SB 9. For example, the rear setback for structures in the R-1 district is 10 feet minimum from the rear lot line, whereas SB 9 reduces that setback to a 4 feet minimum. The 25 foot height limit would apply to that portion of a structure located between the 10 foot and 4 foot setbacks.
The height of 25 feet is proposed as it is the same as recently adopted state law for ADU heights, which may also have 4 foot setbacks. This same objective standard would apply to any primary 3 112
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unit on an R-BA ridgeline lot, since the design permit provisions for ridgeline lots would not apply in the case of a two unit development using the overlay standards. This would be a reduction from the current district height limit of 35 feet in the R-BA district and the 30 height limit in the R-1. (Note that the draft ordinance 2024-RZ-2, which is also on the agenda for tonight, would raise the underlying district heights to 36 feet, but the 25 foot limit would apply to that portion of a structure that’s within the normal setback area.)
Parking & Shared Driveways: As noted above, each primary dwelling unit would be required to have a minimum of one standard size off-street parking space. That may be uncovered or covered by a carport. Garage parking may also be provided, as an owner’s option in addition to the minimum parking, but it may not count toward meeting the required parking. The provision of not counting garage parking toward the minimum requirement is proposed as a result of Planning Commission concerns raised about the use of garage spaces for other uses besides parking, such as storage, and the limited number of on-street parking spaces in many of the R-1 residential neighborhoods. Note that JADU or ADU off-street parking generally is not required, with some exceptions depending on distance to public transportation, and this would not be changed through this ordinance.
Shared driveways may also be permitted, given the proposed amendment to the driveway definition, but where parking is required for the different units, they must be independently accessible (i.e. not in tandem with another unit). Note that the amendment to allow for shared driveways would be within Chapter 17.02 - Definitions, so it would extend beyond the overlay zoning district.
The Planning Commission recommended an additional provision following the public hearing, that an informational notice to be sent to adjacent property owners upon issuance of a building permit approval, for projects approved utilizing the overlay provisions. That has been included in the draft ordinance as Section 17.05.100 - Notices.
Correspondence received prior to the Planning Commission hearing was duly considered by the Commission and is provided for reference in Attachment 7.
FISCAL IMPACT
None.
MEASURE OF SUCCESS
To provide clear provisions in the BMC in compliance with SB 9 (2021). 4 113
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ATTACHMENTS
1. Draft Ordinance Establishing the R-TUO Zoning District
2. Draft Zoning Map Amendment Showing the Proposed R-TUO District
3. Redlined Draft Ordinance
4. Planning Commission Resolution 2024-RZ-1
5. Draft Planning Commission Meeting Minutes, May 9, 2024
6. Planning Commission Agenda Report, May 9, 2024
7. Correspondence
______________________________ ___________________________________ John Swiecki, Community Development Director Clay Holstine, City Manager 5 114
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ATTACHMENT 3
REDLINED DRAFT ORDINANCE
Note: Red text indicates proposed as new or strikeout amendments to the Brisbane Municipal Code (BMC).
Section 16.12.040 - Tentative and final parcel map—Exceptions to requirements is amended as follows:
16.12.040 - Tentative and final parcel map- Exceptions to requirements A tentative parcel map and final parcel map shall not be required in the following cases:
A. Where the subdivision is created by a short-term lease, terminable by either party on not more than thirty (30) days' written notice, of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code;
B. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for rights-of-way, unless a showing is made in individual cases that public policy necessitates a parcel map.
C. Where an urban lot split is proposed, see Chapter 17.05 of Title 17 of this Municipal Code.
Section 17.02.120 - Carport is amended, as follows:
17.02.120 - Carport. "Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a roof or other solid covering and enclosed on no more than two (2) sides.
"Carport" means an accessory structure or a portion of a main structure designed for the storage of motor vehicles having a permanent roof and not enclosed on two (2) or more sides.
Section 17.02.220 - Driveway is amended, as follows:
17.02.220 - Driveway. "Driveway" means a private roadway which provides access to off-street parking or loading spaces, and the use of which is limited to persons residing on the site, their invitees, or persons working on the site. A driveway may be shared, to serve two or more lots, by access easement across one or more of the affected lots. This does not include private streets as defined in Section
17.02.750.
on a single site, the use of which is limited to persons residing or working on the site and their invitees, licensees and business visitors.
Section 17.02.230 - Duplex is hereby deleted in its entirety. 19 128
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Section 17.02.235 - Dwelling is amended to add a definition for “Duplex dwelling” and “Primary dwelling unit” or “Main Dwelling”, as follows:
17.02.235 - Dwelling.
"Dwelling" means a place that is used as the personal residence of the occupants thereof, including transitional housing as defined in California Health and Safety Code Section 50675.2(h) and supportive housing as defined in California Health and Safety Code Sections 50675.14(b)(2) and (3). The term includes factory-built or manufactured housing, such as mobile homes, but excludes trailers, campers, tents, recreational vehicles, hotels, motels, boarding houses and temporary structures.
A. "Duplex dwelling" means a building containing two dwelling units totally separated from each other by a wall, floor or ceiling; provided, however, that a building containing a single-family dwelling and a lawful accessory dwelling unit or junior accessory dwelling unit shall not be deemed a duplex.
B. A. "Dwelling group" means a group of two (2) or more detached buildings located upon the same site, each of which contains one or more dwelling units.
C. B. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis. Permanent residency shall mean continuous occupancy of the dwelling unit for a period of thirty (30) days or more.
D. C. "Multiple-family dwelling" means a building or site containing three (3) or more dwelling units (also see "duplex"). The term includes single-room-occupancy dwelling units, typically comprised of one or two (2) rooms (which may include a kitchen and/or a bathroom, in addition to a bed), that are restricted to occupancy by no more than two (2) persons.
E. D. "Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title.
F. E. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of existing, legally permitted floor area within an existing single-family dwelling; (2) must be owner occupied, or the main dwelling be owner occupied; and (3) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 17.43 of this Title.
G. “Primary dwelling unit” or “Main Dwelling” means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.
H. F. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twenty-four-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's 20 129
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family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "Group care home" for seven (7) or more persons.
Section 17.04.010 - Establishment of Districts is amended to add the “R-TUO Residential two unit overlay district” as follows:
The districts into which the city is divided are hereby established and designated as follows:
A. R-1 Residential district.
B. R-2 Residential district.
C. R-3 Residential district.
D. R-BA: Brisbane acres residential district.
E. R-TUO Residential two unit overlay district.
F. E. C-1: Commercial mixed use district.
G. F. NCRO: Central Brisbane commercial district.
H. G. HC: Beatty heavy commercial district.
I. H. SCRO-1: Southwest Bayshore commercial district.
J. I. SP-CRO: Sierra Point commercial district.
K. J. TC-1: Crocker Park trade commercial district.
L. K. TC-2: Southeast Bayshore trade commercial district.
M. L. MLB: Marsh Lagoon Bayfront district.
N. M. O-S: Open space district.
O. N. P-D: Planned development district.
P. O. PAOZ: Parkside overlay district.
Q. P. R-MHP: Residential mobile home park district.
Chapter 17.05 Residential Two Unit Overlay District is added to Title 17 as follows:
17.05 Residential Two Unit Development Overlay District.
17.05.010 Purpose. The purpose of this Chapter is to allow no more than two detached or attached primary dwelling units on one lot of record, establish objective standards for the District, and regulate certain subdivisions of a lot of record in single-family zoning districts, in accordance with State law. This Chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7, as may be amended, and applicable objective standards and procedures set forth in Chapters 17.06, 17.12, 17.43, 16.12, 16.16, and 16.20 of the Brisbane Municipal Code.
17.05.020 Applicability and Relation to Other Sections. This Chapter is provided as an overlay district to the R-1 and R-BA residential districts, to comply with State law, and to carry out the purpose of Section 17.05.010, and, unless specifically addressed within this Chapter, the R-1 and R-BA district standards shall apply, as applicable. This Chapter also allows for ministerial approval of urban lot splits in conjunction with Chapter 16.16 and 16.20 of this Code. 21 130
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This chapter shall not supersede the provisions of Section 17.01.060 - Requirement For Lot of Record and Infrastructure Improvements-- but applications shall be considered in concert with the provisions of that Section.
This chapter may be applied to a substandard lot, as further described in Section 17.47.030- Exceptions – Lot Area, Lot Dimensions and Lot Lines, if the substandard lot is a lot of record, as defined in Section
17.02.490.
17.05.030 Definitions
For the purposes of this Chapter, the following definitions apply. Terms not defined herein shall be based upon the definitions in Chapter 17.02.
A. “Access Corridor” means an access easement or the “pole” of a flag lot that provides vehicular access to the public right-of-way, that is free of features that obstruct ingress/egress to a lot.
B. “Acting in Concert” means the property owner, or a person as an agent or representative of the property owner, knowingly participating with another person in joint activity or parallel action toward a common goal of subdividing an adjacent parcel.
C. “Car Share Facility” means one or more parking space(s) that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.
D. “Department” means the Community Development Department.
E. “Existing Exterior Structural Wall” means and constitutes the original bottom plate and original top plate in its existing position, original studs (with the exception for new window framing), and capable of standing without support
F. “Flag or Panhandle Lot” means a parcel which includes a strip of land that is owned in fee that is used primarily for vehicular access from a public or private street to the major portion of the parcel.
G. “High Quality Transit Corridor” means a corridor with fixed bus route service with service intervals no longer than 15 minutes during peak commute hours, or as defined in State law.
H. “Major Transit Stop” means a site containing any of the following: (i) an existing rail or bus rapid transit station; (ii) a ferry terminal served by either a bus or rail transit service; or (iii) the intersection of two or more major bus routes with a frequency of service intervals of 15 minutes or less during the morning and afternoon peak commute periods, or as defined in state law.
I. “Primary Dwelling Unit” or “Primary Unit” means the same as defined in section 17.02.235.G.
J. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete.
K. “Two-unit Development” means a proposed housing development that contains two primary dwelling units on a single lot.
L. “Urban Lot Split” means a subdivision of an existing lot of record in a single-family zoning district into no more than two separate legal lots, which subdivision satisfies all of the criteria and standards set forth in this Chapter and Government Code Section 66411.7.
17.05.040 Eligibility.
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A. To be eligible for a two-unit development or urban lot split as specified in this Chapter, the application shall meet all of the following criteria:
1. The lot is a lot of record and is located within the R-1 Residential zoning district or the R-BA Brisbane Acres Residential zoning district.
2. The owner(s) of the lot has not exercised the owner’s rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the application has been submitted.
3. The lot is not within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
4. The lot does not contain any of the site conditions listed in Government Code section 65913.4, subdivision (a)(6)(B-K), or successor provisions or as amended, which includes, but is not limited to, lands within wetlands, a very high fire hazard severity zone, a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood), habitat for protected species, and lands under a conservation easement.
5. The lot has not previously been subdivided under this Chapter, or under Government Code section 66411.7.
6. For urban lot splits, Prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner’s immediate family, intends to occupy one of the dwelling units as the person’s principal residence for a minimum of three years. This requirement shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
17.05.050 Anti-displacement/Eligibility Criteria.
A. Development under this Chapter shall not result in displacement of tenants from:
1. A lot that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2. A lot that is subject to any form of rent or price control through the City’s valid exercise of its police power.
B. Development under this Chapter shall not result in:
1. Demolition or alteration as defined in Section 15.10.040.A or B of a dwelling unit that has been occupied by a tenant in the last three years.
2. Demolition of a building, or alteration as defined in Section 15.10.040.A or B, when the building is occupied by a tenant.
17.05.060 Permitted Uses. The following uses, defined in Chapter 17.02 - Definitions, are permitted in this overlay zoning district in accordance with the development standards and are added to the permitted uses provided in Chapters 17.06 - R-1 Residential District and 17.12 - R-BA Brisbane Acres Residential District of this title:
A. Duplex dwellings.
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B. Dwelling groups of two primary dwelling units per lot.
17.05.070 Two Unit Developments without an Urban Lot Split. A Two Unit Development on a lot of record that has not been split under the urban lot split provisions of this Chapter shall comply with the development standards provided in this section.
A. Development Standards. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply. For urban lot split development standards see Section 17.05.080.C.
1. Number of dwelling units. Development of up to four dwelling units may be built in the same lot area typically used for a single-family residence, without an urban lot split, as follows:
Development
Scenario Options
on a Single Lot
without Urban
Lot Split
Single Family
Dwelling
Duplex
Dwelling
(two
attached
primary
units”)
Two-unit
Dwelling
Group
(two
detached
primary
units”)
ADU JADU Total
Dwelling
Units
Type A. NA 2 2
Type B. NA 2 2
Type C. NA 2 1 3
Type D. NA 2 1 3
Type E. NA 2 2 4
Type F. NA 2 2 4
Type G. NA 2 1 1 4
Notes:
1. NA: Not applicable. Development of a single-family dwelling on a lot of record may be permitted per the zoning district standards, provided in Chapter 17.06 and 17.12, without invoking the two unit overlay provisions.
2. See Chapter 17.43 for applicable development regulations for ADU’s or JADU’s..
3. Four units are the maximum that may be permitted on a lot.
4. If Types A through D are initially developed, one or two ADUs may later be added up to the maximum allowed, Types E or F, subject to the provisions of this Chapter.
2. Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least 800 square feet in floor area, regardless of the zoning district’s lot coverage and floor area ratio (FAR) limits. For primary dwelling units over 800 square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.
3. Lot coverage. The R-1 or R-BA district lot coverage limit shall apply except where it would preclude development of new primary units of 800 square feet, or retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this Chapter and Chapter 17.43 of this Title.
4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be 4 feet, except for the following:
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(a) Where the underlying district development standards allow for a lesser setback, the district standards shall apply.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.
5. Height of Primary Dwelling Units.
(a) Where a primary dwelling unit utilizes the 4-foot side or rear setback allowance, for a reduced setback versus the district’s setback, no portion of the building that is located in the area between the 4-foot setback and the district’s setback minimum shall exceed 25 feet in height.
(b) The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be 25 feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or(iii) as approved by design review permit per Section 17.12.040.L.
6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one dwelling unit, subject to approval by the City Engineer, based on finding that a shared driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
(i) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (ii) There is a designated parking area for one or more car-share facilities within one block of the lot.
17.05.080 Urban Lot Splits. The City may approve a parcel map for an urban lot split ministerially, subject to the procedures, requirements and development standards provided in this section.
A. Ministerial Parcel Map Procedures. The parcel map shall be prepared following the tentative map form and procedures provided in Chapter 16.16 - Tentative Map Procedures and Chapter 16.20- Final Map Procedures, except that the parcel map shall be approved by the City Engineer. The City Engineer shall have authority to waive specific requirements provided in Chapter 16.16 and Chapter 16.20, if the City Engineer deems the requirements inapplicable, given the site location or other characteristics. 25 134
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B. Ministerial Parcel Map Requirements. A parcel map for an urban lot split shall meet the requirements of Chapter 16.16 and 16.20 of the Municipal Code, as deemed applicable by the City Engineer, and all of the following requirements:
1. The parcel map subdivides an existing lot of record to create no more than two legal lots of record of approximately equal lot area provided that one lot shall not be smaller than 40 percent of the lot area of the original lot of record proposed for subdivision.
2. Both newly created lots of record shall be no smaller than 1,200 square feet.
3. The zoning district lot width and depth dimension minimums shall not apply.
4. Flag lots may be approved. The flagpole portion, whether part of the flag lot or an easement on the flag lot, shall have a minimum width of 12 feet to accommodate a driveway, unless a lesser width is approved by the City Engineer. The location and dimensions of driveways are subject to approval by the City Engineer as set forth in Section 12.24.015.
5. Both parcels resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.
6. The approved parcel map shall include a notation that the parcels were created using the Urban Lot Split provisions of this Chapter and the resulting parcels cannot be further subdivided under this Chapter.
7. The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this Chapter.
8. The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this Chapter.
9. Neither the property owner of the parcel being subdivided nor any person acting in concert with the property owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this Chapter.
C. Development Standards for Urban Lot Splits. Development on lots that have been split under this Chapter shall comply with the development standards provided in this section. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply.
1. Number of dwelling units. With an urban lot split, development of no more than four dwelling units may be built in the same lot area that would otherwise be used for a single-family residence, as shown in Tables a and b provided below. Note that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two resultant lots. For example, if one resultant lot is developed with three units (Types F, G, H or I), the second resultant lot may only be developed with a single family dwelling (Type A), for a maximum of four units on the two resultant lots.
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a. Number and Types of Units- With Urban Lot Split
Development
Scenario Options
for Each
Resultant Lot
Following Split
Single
Family
Residence
Duplex Two-unit
Dwelling
Group
ADU JADU(2) Total
Units per
lot
Type A 1 1
Type B 1 1 2
Type C 1 1 2
Type D 2 2
Type E 2 2
Type F 1 1 1 3
Type G 2 1 3
Type H 2 1 3
Type I 2 1 3
Notes:
1. Urban lot splits may utilize a combination of buildout types A – H, provided that all of the following conditions are met: a) the total number of units does not exceed four across the two lots, b) each of the two lots is to be developed with at least one primary dwelling unit, and c) development of ADUs and JADUs shall comply with Chapter 17.43.
2. JADU’s are not permitted as a part of building that contains 2 or more units (i.e. duplex). b. Lot Split - Resulting Lot Buildout Scenarios. The following table shows the total units that may be achieved by applying the development scenario options from Table 17.05.080.C.1.a to the two resultant lots.
RESULTANT LOT 1 (Housing Unit Totals)
RESULTANT
LOT 2
(Housing
Unit Totals)
Buildout
Type
(units)
Type A
(1)
Type
B
(2)
Type
C
(2)
Type
D
(2)
Type
E
(2)
Type F
(3)
Type G
(3)
Type H
(3)
Type
I
(3)
Type A (1) 2 3 3 3 3 4 4 4 4
Type B (2) 3 4 4 4 4 NP NP NP NP
Type C (2) 3 4 4 4 4 NP NP NP NP
Type D (2) 3 4 4 4 4 NP NP NP NP
Type E (2) 3 4 4 4 4 NP NP NP NP
Type F (3) 4 NP NP NP NP NP NP NP NP
Type G (3) 4 NP NP NP NP NP NP NP NP
Type H (3) 4 NP NP NP NP NP NP NP NP
Type I (3) 4 NP NP NP NP NP NP NP NP
Note: NP: Not Permitted for the buildout scenario. Buildout scenario may not exceed four units. 27 136
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2. Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least 800 square feet in floor area, regardless of the zoning district’s lot coverage and floor area ratio (FAR) limits. For primary dwelling units over 800 square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.
3. Lot coverage. The zoning district’s lot coverage limit shall not apply where it would preclude development of new primary units of at least 800 square feet, retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this Chapter and Chapter 17.43 of this Title.
4. Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four feet, except for the following:
(a) Where the underlying zoning district development standards allow for a lesser setback, the district standards shall prevail.
(b) No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.
5. Height of Primary Units.
(a) Where a primary dwelling unit utilizes the 4-foot side or rear setback allowance, for a reduced setback versus the district’s setback, no portion of the building that is located in the area between the four 4-foot setback and the district’s setback minimum shall exceed 25 feet in height.
(b) The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be 25 feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or(iii) as approved by design permit per Section 17.12.040.L.
6. Off-Street Parking.
(a) A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.
(b) Shared driveways may be permitted to serve more than one lot, subject to approval by the City Engineer, based on finding that the driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title. (c) Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:
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(iii) The lot is located within one-half mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or (iv) There is a designated parking area for one or more car-share facilities within one block of the parcel.
7. Deed Restriction. A property owner utilizing the provisions of this Chapter shall record a deed restriction, in a form acceptable to the City, that does the following:
(a) Where applicable, documents that the lot split complies with the provisions of this Chapter and restrictions provided in Government Code section 66411.7. (b) Expressly prohibits any rental of any dwelling unit on the property or properties for a term of 30 days or less.
17.05.090 Requirement for a Building Permit
Demolition, alteration or construction of any building shall require building permit(s). All construction shall be in conformance with the most recent edition of the California Model Codes with any applicable Brisbane amendments.
17.05.100 Notices
Upon issuance of a building permit for a two unit development under Section 17.05.070 or a building permit following an urban lot split under Section 17.05.080, the City shall provide an informational notice to the property owners adjacent to and directly across the street from the subject site(s). The notice shall provide a brief description of the project and information on how to view approved plans.
17.05.110 Condominiums
Condominiums may be established for primary dwelling units in accordance with Chapter 17.30 - Condominiums. Establishment of condominiums shall be subject to ministerial approval by the Community Development Director, based on conformance with the applicable provisions of this chapter and Chapter 17.30.
17.05.120 Findings of Denial. The City may deny a two-unit housing development or urban lot split, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Section 17.05.030.J. *****
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RESOLUTION 2024-RZ-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BRISBANE RECOMMENDING CITY COUNCIL APPROVAL OF ZONING TEXT AND MAP AMENDMENT 2024-RZ-1 AMENDING BRISBANE MUNICIPAL CODE TITLES 16 AND 17, TO AMEND SECTION 16.12.040 - TENTATIVE AND FINAL PARCEL MAP- EXCEPTIONS TO REQUIREMENTS, ADD CHAPTER 17.05
RESIDENTIAL OVERLAY, TO PROVIDE FOR URBAN LOT SPLITS AND TWO-UNIT DEVELOPMENTS IN SINGLE FAMILY RESIDENTIAL ZONES, AND TO AMEND SECTION 17.02.235, TO ADD A DEFINITION FOR “PRIMARY DWELLING UNIT” OR “MAIN DWELLING”, AND TO AMEND SECTIONS 17.02.120 AND
17.02.220 DEFINING CARPORTS AND DRIVEWAYS
WHEREAS, Senate Bill 9 (“SB 9”), which amended Section 66452.6 of the Government Code and added Sections 65852.21 and 66411.7 to the Government Code, to allow for streamlined ministerial approval of two-unit development and urban lot splits within single-family zoned areas, was signed by the Governor of California on September 16, 2021; and
WHEREAS, these changes to the Government Code became effective on January 1, 2022; and WHEREAS, SB 9 requires cities and counties, including the City of Brisbane, to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two primary residential units within a single-family residential zone, if the proposal meets certain statutory criteria; and
WHEREAS, SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K) such as lands within an earthquake fault zone, federally designated flood plan, historic district or property, and high fire hazard severity zone as defined under state law; and
WHEREAS, SB 9 further restricts the standards and regulations that local agencies, including the City of Brisbane, may impose to only objective zoning, subdivision, and design standards that do not conflict with the statue and where those standards must not physically preclude a unit size of at least 800 square feet or qualifying urban lot split; and
Whereas, no parcel within the overlay district is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or within one block of a car share facility.
WHEREAS, the City seeks to regulate development pursuant to SB 9 through the implementation of regulations concerning duplex residential developments and urban lot splits; and WHEREAS, pursuant to Section 65852.21(j) and 66411.7(n) of the Government Code, a local agency may adopt an ordinance to implement SB 9; and
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
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WHEREAS, the Housing Element includes Program 2.A.6, “Adopt implementing ordinance for ministerial duplex conversions and single-family lot splits as provided by Government Code Sections 65852.21 and 66411.7”, and
WHEREAS, the draft ordinance attached as Exhibit A to this resolution proposes amendments to Title 16 and Title 17; and
WHERAS, Exhibit B to this resolution proposes amendment to the zoning map to establish a new R-TUO Residential Two Unit Overlay District, to overlay the R-1 Residential District and the R-BA Residential Brisbane Acres District; and
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 exempt from the California Environmental Quality Act (CEQA) pursuant to California Government Code Section 15061(b)(1) & (3), Section 15183 relating to the implementation of the Housing Element, and because it involves code amendments pursuant to California Government Code Section 65852.21(j) and Section 66411.7(n) relating to the implementation of SB 9; 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. 32 141
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DRAFT
Brisbane Planning Commission Minutes
May 9, 2024
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
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:
M. Consider Adoption of a Resolution of the City Council of the City of Brisbane Amending the Community Health and Safety Element of the General Plan to Incorporate the City of Brisbane’s 2021 Local Hazard Mitigation Plan into the Element
(The purpose of this item is to amend the Community Health and Safety Element of the General Plan to reflect the most recently adopted Local Hazard Mitigation Plan to comply with State Assembly Bill 2140.This project is exempt from environmental review under CEQA Guidelines Section 15061(b)(3).)
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General Plan Safety Element Amendment Page 1 of 2
CITY COUNCIL AGENDA REPORT
Meeting Date: October 17, 2024
From: John Swiecki, Community Development Director
Subject: General Plan Amendment 2024-GPA-1; General Plan Text Amendment to the Health and Safety Element to update the year of the most recently adopted Local Hazard Mitigation Plan; and finding that this project is categorically exempt from environment review under CEQA Guidelines Section 15061(b)(3).
Community Goal/Result
Safe Community
Purpose
To amend the Community Health and Safety Element (Safety Element) of the General Plan to reflect the most recently adopted Local Hazard Mitigation Plan (LHMP) to comply with State Assembly Bill 2140.
Recommendation
Adopt the attached draft resolution.
Background
In 2006, the state adopted Assembly Bill (AB) 2140 which added provisions specifying what is to be included in a local hazard mitigation plan and required linkage between the local jurisdiction’s LHMP and the Safety Element of the General Plan for federal funding eligibility. AB 2140 requires the City to adopt an LHMP as part of the General Plan Safety Element in order to qualify for certain funding through the California Disaster Assistance Act (CDAA). Additional background information is provided with Attachment 4.
The City Council last amended the Safety Element on February 7, 2019 to incorporate, by reference, the 2016 LHMP. Ongoing amendments to the LHMP are scheduled for 5 years intervals and in 2020, a coalition of San Mateo County cities and special districts updated of the 2016 version of the San Mateo County Hazard Mitigation Plan. It was completed and collectively approved by FEMA and the California Office of Emergency Services (CalOES) approved it in October of 2021. Brisbane’s City Council adopted that update to the LHMP on November 18, 2021.
In June of this year, the Local Hazard Mitigation Planning Unit of the Recovery, Hazard Mitigation Planning Branch of the California Governor’s Office of Emergency Services informed the City that our General Plan needs to be updated to reflect the adopted, 2021 LHMP in order to retain eligibility for emergency funding reimbursement.
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M.
General Plan Safety Element Amendment Page 2 of 2
The Planning Commission considered the proposed amendment on September 12, 2024 and unanimously (3-0 vote) recommended that the City Council approve it. A copy of the Commission’s resolution is provided as Attachment 3. The Planning Commission’s agenda report is provided as a link under Attachment 4 and a reference copy of Brisbane’s LHMP is also linked as Attachment 5.
Discussion
The City’s Safety Element already includes a reference to the LHMP, as updated in 2019, but in order to maintain eligibility for federal funding authorized under AB 2140, the Safety Element must directly reference to the most recently adopted, 2021 LHMP.
The following change is proposed under Section X.1 of the Safety Element:
At the time of this writing, the latest Hazard Mitigation Plan was adopted in 2015 2021 and it is scheduled for updates on a 5-year basis. This plan may also be referred to as the Local Hazard Mitigation Plan (LHMP), since, while it is a county-wide plan, it is also specific to the individual jurisdictions.
The footnotes referencing the LHMP, as well as the Emergency Management Plan, would be updated as well for clarity. An excerpt of the proposed redlines is included as Attachment 2.
Fiscal Impact
No direct impact. Amending the Safety Element allows the City to maintain eligibility for funding under the California Disaster Assistance Act.
Measure of Success
Provide for a Safety Element that references the adopted LHMP consistent with state law.
Attachments
1. Draft City Council Resolution
2. Redline Excerpt of Proposed Amendments to Brisbane’s Safety Element
3. Planning Commission Resolution 2024-GPA-1
4. Planning Commission Agenda Report from September 12, 2024 (hyperlink)
5. Local Hazard Mitigation Plan (2021) (hyperlink)
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 129
M.
ATTACTMENT 1
Exhibit A to Attachment 1
1 Draft
RESOLUTION _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRISBANE
AMENDING THE COMMUNITY HEALTH AND SAFETY ELEMENT OF THE GENERAL PLAN TO INCORPORATE THE CITY OF BRISBANE’S 2021 LOCAL HAZARD MITIGATION PLAN
INTO THE ELEMENT
WHEREAS, Section X.1, Emergency Preparedness of the Safety Element, in the Community and Safety Element of the General Plan (“Safety Element”) currently makes reference to a 2016 Local Hazard Mitigation Plan (“LHMP”); and
WHEREAS, consistent with the federal Disaster Mitigation Act of 2000, State Assembly Bill (AB) 2140 requires cities to reference the most recently adopted Local Hazard Mitigation Plan (LHMP) into the Safety Element, by either cross reference or by integration of the two documents, in order to qualify for the maximum amount of disaster aid through the California Disaster Assistance Act; and
WHEREAS, the City of Brisbane adopted the 2021 LHMP on November 18, 2021, as part of the San Mateo County Hazard Mitigation Plan, dated October 2021, and was subsequently approved by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES); and
WHEREAS, the 2021 LHMP provides guidance and insight to the hazards that exist in the City of Brisbane and suggests possible mitigation measures; and WHEREAS, on September 12, 2024, the Planning Commission considered all pertinent testimony, written and oral, and adopted Planning Commission Resolution 2024-GPA-1, recommending that the City Council adopt an amendment to the Safety Element in General Plan, by amending Section X.1 Emergency Preparedness, which includes reference of the adopted 2021 LHMP as part of the Safety Element; and
WHEREAS, the City Council held a public hearing on the amendment to Safety Element on October 17, 2024, and considered the testimony presented and reviewed the Planning Commission's recommendation and the Planning Commission’s minutes of its meeting, which is incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brisbane finds as follows:
Section 1.
A. The adoption of the amendment to the Safety Element is exempt from the California Environmental Quality Act by General Rule, per State CEQA Guidelines Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect 130
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ATTACHMENT 1
Exhibit A to Attachment 1
2 on the environment and this proposed action would have no possibility for such significant effect;
B. The amendment to Section X.1, the Emergency Preparedness section of the Safety Element, as described above and as set forth on the attached Exhibit A, has been prepared consistent with State law;
C. The amendment to the Emergency Preparedness section of the Safety Element does not make substantive changes to goals, policies, programs, standards, or maps of the Safety Element, but is to incorporate by reference, the City of Brisbane’s 2021 LHMP.
D. The amendment to the Emergency Preparedness section of the Safety Element supersedes that previously adopted section; and
Section 2. The General Plan of the City of Brisbane is amended by the amendment to X.1, Emergency Preparedness of the Safety Element as set forth on the attached Exhibit A.
Section 3. This resolution shall be effective immediately upon its adoption. ____________________________
Terry O-Connell, Mayor
City of Brisbane
* * * *
I, the undersigned, hereby certify that the foregoing Resolution ________ was adopted at a regular meeting of the Brisbane City Council on October 17, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Ingrid Padilla, City Clerk
City of Brisbane
Approved as to form:
____________________________
Thomas R. McMorrow, City Attorney
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ATTACTMENT 1
Exhibit A to Attachment 1
X.1 EMERGENCY PREPAREDNESS
Emergency preparedness is critical for the well-being of Brisbane. Even though it is a small city, Brisbane's location in the San Francisco Bay Area puts it at risk for potential disasters, such as airplane crashes, major fires and hazardous materials incidents, in addition to earthquakes, landslides and floods. With limited access points and the physical barriers created by the Bay and the Mountain, it is necessary for the City to think carefully and plan well for the safety of its citizens.
Brisbane has developed an Emergency Operations Plan, also referred to as an Emergency Management Plan(9). That plan is updated regularly and provides procedures and establishes responsibilities for managing both manmade and natural disasters. It provides directions on evacuating the City, providing shelter and basic necessities, and on emergency communications and field responses. The Emergency Management Plan works in concert with a number of multi-agency mutual aid plans and with local volunteer efforts.
One such multi-agency effort is in the preparation of the County-wide Hazard Mitigation Plan(10). That plan responds to the federal mandates for emergency readiness provided in the Disaster Mitigation Act of 2000. The Hazard Mitigation Plan was prepared through a coalition of San Mateo county cities and special districts, to pool resources and create a uniform and coordinated hazard mitigation strategy across the county. That coordinated effort also helps ensure eligibility for federal grant funding. Individual agencies are responsible for participation in the preparation and adoption of their respective sections by all the jurisdictional partners, the plan is then subject to approval by the California Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA).
The latest Hazard Mitigation Plan was adopted in 2021 and it is scheduled for updates on a 5- year basis. This plan may also be referred to as the Local Hazard Mitigation Plan (LHMP), since, while it is a county-wide plan, it is also specific to the individual jurisdictions.
An Emergency Operations Center (EOC) has been built into City Hall. Regular training sessions and drills are conducted at the EOC using the Emergency Operations Plan. Field exercises are also held to maintain a state of readiness. (Refer to Safety background report (SA-1) for more information.)
The following policies address Emergency Preparedness:
Policy 148 Maintain the Emergency Operations Plan and continue to participate in the maintenance of the County-wide Hazard Mitigation plan as the central planning and management tools for disaster preparedness, response and recovery.
Program 148a: Through continuing participation in the coalition of San Mateo County cities and special districts, maintain the Local Hazard Mitigation Plan (LHMP) consistent with State Assembly Bill 2140 and applicable subsequent state and/or federal legislation. The LHMP is 132
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ATTACHMENT 1
Exhibit A to Attachment 1
included by reference as part of this General Plan element and should be consulted when addressing known hazards to ensure the general health and safety of people within Brisbane.
FOOTNOTES
2. SA-1, p. 12
3. In addition to debris flows mapped by the U.S. Geological Survey in 1983, local incidents during the winter of 1982 were identified at the following locations: behind the building at 180 West Hill Place; from Harold Road to McLain Road at San Bruno Avenue; from Costanos Canyon to 405 Sierra Point Road; above Kings Road at San Mateo Lane; Sierra Point Canyon above Kings Road; from the Glen Parkway tank down Firth Canyon and through Firth Park to San Bruno Avenue; down Old Quarry Road to San Francisco Avenue; and numerous other locations on the Mountain.
Source: Vince Marsili, City of Brisbane Public Works Department, 1994.
4. GP-5
5. The background report on Water (UT-3) contains a detailed description of the water systems and water quality in the planning area.
6. UT-2, Figure 2
7. A detailed description and analysis of the planning area's sewer system is contained in the Sewer System Evaluation background report (UT-2).
8. The Storm Drain background report contains detailed descriptions and analysis of the watersheds and storm water systems in the planning area.
9. The Emergency Operations Plan (EOP) is available on the City's website.
10. The Local Hazard Mitigation Plan (LHMP) is a large regional and cross-jurisdictional effort to plan for the reduction of risk from natural and man-made disasters as well as other hazards. It assesses hazard vulnerabilities and identifies mitigation actions to reduce the level of injury, property damage, and community disruption that might otherwise result from such events.
The Department of Emergency Management led the LHMP update, in coordination with County departments, all twenty cities (including Brisbane), and regional special districts. Please visit the County of San Mateo's website for additional information and resources related to the LHMP. Volume One and Volume Two of the most recent LHMP are available from the City's website.
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ATTACHMENT 2
Redline Excerpt of Proposed Amendments to Brisbane’s Safety Element X.1 EMERGENCY PREPAREDNESS
Emergency preparedness is critical for the well-being of Brisbane. Even though it is a small city, Brisbane's location in the San Francisco Bay Area puts it at risk for potential disasters, such as airplane crashes, major fires and hazardous materials incidents, in addition to earthquakes, landslides and floods. With limited access points and the physical barriers created by the Bay and the Mountain, it is necessary for the City to think carefully and plan well for the safety of its citizens.
Brisbane has developed an Emergency Operations Plan, also referred to as an Emergency Management Plan(1)(9). That plan is updated regularly and provides procedures and establishes responsibilities for managing both manmade and natural disasters. It provides directions on evacuating the City, providing shelter and basic necessities, and on emergency communications and field responses. The Emergency Management Plan works in concert with a number of multi-agency mutual aid plans and with local volunteer efforts.
One such multi-agency effort is in the preparation of the County-wide Hazard Mitigation Plan(10). That plan responds to the federal mandates for emergency readiness provided in the Disaster Mitigation Act of 2000. The Hazard Mitigation Plan was prepared through a coalition of San Mateo county cities and special districts, to pool resources and create a uniform and coordinated hazard mitigation strategy across the county. That coordinated effort also helps ensure eligibility for federal grant funding. Individual agencies are responsible for participation in the preparation and adoption of their respective sections by all the jurisdictional partners, the plan is then subject to approval by the California Office of Emergency Services (CalOES) and the Federal Emergency Management Agency (FEMA).
At the time of the writing, the The latest Hazard Mitigation Plan was adopted in 2015 2021 and it is scheduled for updates on a 5-year basis. This plan may also be referred to as the Local Hazard Mitigation Plan (LHMP), since, while it is a county-wide plan, it is also specific to the individual jurisdictions.
An Emergency Operations Center (EOC) has been built into City Hall. Regular training sessions and drills are conducted at the EOC using the Emergency Operations Plan. Field exercises are also held to maintain a state of readiness. (Refer to Safety background report (SA-1) for more information.)
The following policies address Emergency Preparedness:
Policy 148 Maintain the Emergency Operations Plan and continue to participate in the maintenance of the County-wide Hazard Mitigation plan as the central planning and management tools for disaster preparedness, response and recovery.
Program 148a: Through continuing participation in the coalition of San Mateo County cities and special districts, maintain the Local Hazard Mitigation Plan (LHMP) consistent with State 134
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ATTACHMENT 2
Assembly Bill 2140 and applicable subsequent state and/or federal legislation. The LHMP is included by reference as part of this General Plan element and should be consulted when addressing known hazards to ensure the general health and safety of people within Brisbane.
FOOTNOTES
1. SA-1, p. 11
2. SA-1, p. 12
3. In addition to debris flows mapped by the U.S. Geological Survey in 1983, local incidents during the winter of 1982 were identified at the following locations: behind the building at 180 West Hill Place; from Harold Road to McLain Road at San Bruno Avenue; from Costanos Canyon to 405 Sierra Point Road; above Kings Road at San Mateo Lane; Sierra Point Canyon above Kings Road; from the Glen Parkway tank down Firth Canyon and through Firth Park to San Bruno Avenue; down Old Quarry Road to San Francisco Avenue; and numerous other locations on the Mountain.
Source: Vince Marsili, City of Brisbane Public Works Department, 1994.
4. GP-5
5. The background report on Water (UT-3) contains a detailed description of the water systems and water quality in the planning area.
6. UT-2, Figure 2
7. A detailed description and analysis of the planning area's sewer system is contained in the Sewer System Evaluation background report (UT-2).
8. The Storm Drain background report contains detailed descriptions and analysis of the watersheds and storm water systems in the planning area.
9. The Emergency Operations Plan (EOP) is available on the City's website.
10. The Local Hazard Mitigation Plan (LHMP) is a large regional and cross-jurisdictional effort to plan for the reduction of risk from natural and man-made disasters as well as other hazards. It assesses hazard vulnerabilities and identifies mitigation actions to reduce the level of injury, property damage, and community disruption that might otherwise result from such events.
The Department of Emergency Management led the LHMP update, in coordination with County departments, all twenty cities (including Brisbane), and regional special districts. Please visit the County of San Mateo's website for additional information and resources related to the LHMP. Volume One and Volume Two of the most recent LHMP are available from the City's website.
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RESOLUTION 2024-GPA-1
A RESOLUTION OF THE PLANNING COMMISSION OF BRISBANE
RECOMMENDING THAT THE CITY COUNCIL
AMEND THE COMMUNITY HEALTH AND SAFETY ELEMENT OF THE GENERAL PLAN TO REFLECT THE MOST RECENTLY ADOPTED, 2021 LOCAL HAZARD MITIGATION PLAN WHEREAS, Section X.1, Emergency Preparedness of the Safety Element, in the Community and Safety Element of the General Plan (Safety Element) currently makes reference to a 2016 Local Hazard Mitigation Plan (LHMP); and WHEREAS, consistent with the federal Disaster Mitigation Act of 2000, State Assembly Bill (AB) 2140 requires cities to reference the most recently adopted LHMP into the Safety Element of the General Plan, by either cross reference or by integration of the two docume11ts, in order to qualify for the maximum amount of disaster aid through the California Disaster Assistance Act; and
WHEREAS, in 2020, a coalition of San Mateo County cities and special districts, including the City of Brisbane, updated the county-wide Hazard Mitigation Plan, dated October 2021, with each member participating in the preparation and adopting their respective local sections; and WHEREAS, the City of Brisbane adopted the 2021 LHMP on November 18, 2021, as part of the San Mateo County Hazard Mitigation Plan, dated October 2021, and was subsequently approved by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (CalOES); and
WHEREAS, the 2021 LHMP provides guidance and insight to the hazards that exist in the City of Brisbane and suggests possible mitigation measures; 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; and
WHEREAS, the Planning Commission's recommended update to the Emergency Preparedness section of the Safety Element and the minutes of the Planning Commission meeting of [MEETING DATE] are attached and incorporated by reference as part of this resolution; and WHEREAS, the Planning Commission finds that the proposed amendment is exempt from the California Environmental Quality Act by General Rule, per State CEQA Guidelines Section 15061{b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment and this proposed action would have no possibility for such significant effect; and
ATTACHMENT 3
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Reso. 2024-GPA-1
NOW, THEREFORE, BE IT RESOLVED, 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 update to the Community Health and Safety Element of the General Plan, which would include reference to the adopted 2021 LHMP as part of the Safety Element.
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 twelfth day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
Chairperson
WIECKI, Community Development Directo
ATTACHMENT 3
Funke, Gooding, & Lau
Patel & Sayasane
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File Attachments for Item:
N. 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 on the City Council Meeting of September 5, 2024 but not discussed at this time.) 138
MEMO
Meeting Date: 10/17/24
From: Ingrid Padilla, City Clerk
Subject: Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide
The following public hearing item was continued at the City Council Meetings of June 6, 2024, July 18, 2024, and September 5, 2024 and was not discussed:
Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide (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, July 18, 2024, and September 5, 2024.) Attachments: 1. Staff Report from the City Council Meeting of July 18, 2024 139
N.
CITY COUNCIL AGENDA REPORT
Meeting Date: July 18, 2024
From: John Swiecki, Community Development Director
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.
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.
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July 18, 2024 Meeting
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. 141
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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 142
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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. 143
N.
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. 145
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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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N.
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
149
N.
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 150
N.
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.
151
N.
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
152
N.
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.
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. 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 153
N.
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.
154
N.
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
155
N.
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. 156
N.
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. 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
157
N.
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.
158
N.
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.
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.
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
Note: See also, Chapter 17.47 - Exceptions to District Development Regulations.
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 159
N.
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 160
N.
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:
161
N.
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.
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.
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(Subsections H, I, J, K, L and M, no change.)
SECTION 11: Section 17.27.050 - Development Regulations for the PAOZ-2 District is amended to read as follows:
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.
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.
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
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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. 166
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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.
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
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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 173
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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.
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SECTION 16: Chapter 17.52 - Appeals is amended to read as follows:
Chapter 17.52 - APPEALS
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.
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 180
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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 181
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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. 182
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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.
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.
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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.
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
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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
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. 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.
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 45 202
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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
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.
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
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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
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.
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.
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.
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:
48 205
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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
49 206
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195
N.
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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N.
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
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
area of 120 square
feet.
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
51 208
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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.
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.
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. 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
R.
198
N.
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
53 210
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N.
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.
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.
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.
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
54 211
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200
N.
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.
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.
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
Note: See also, Chapter 17.47 - Exceptions to District Development Regulations.
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;
55 212
R.
201
N.
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
R.
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N.
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:
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.
57 214
R.
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N.
(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
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;
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;
58 215
R.
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N.
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.
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.
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.)
SECTION 11: Section 17.27.050 - Development Regulations for the PAOZ-2 District is amended to read as follows:
Development regulations for the PAOZ-2 district are as follows:
59 216
R.
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N.
(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.
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.)
*******
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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R.
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N.
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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N.
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:
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.
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
R.
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N.
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.
65 222
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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:
66 223
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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.
67 224
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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:
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 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:
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 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.
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. 70 227
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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.
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:
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. 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.
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.
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. 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.
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
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.
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.
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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.
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*
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 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.
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
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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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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.
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:
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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.
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.
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
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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.
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.
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:
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.
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 - CouncilAction 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
*******
SECTION 17: Chapter 17.56 - Administration is amended to read as follows:
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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.
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
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.
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 authorized representative designee.
17.56.090 - Planning Application 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.
e. A maximum of twenty percent (20percent) reduction in lot area, building coverage and yard requirements;
f. A maximum of twenty percent (20percent) increase in the height limit in fence, wall and hedge requirements.
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.
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. 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.
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.
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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
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.
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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236
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DRAFT
Brisbane Planning Commission Minutes
May 9, 2024