Agenda packet, first session — Brisbane City Council, April 17, 2025 (part 1 of 2)

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CITYof BRISBANE
Thursday, April 17, 2025 at 6:30 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: Community Meeting Room 50 Park Place, Brisbane, CA 94005 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 April 17, 2025 - 2 - 6:30 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).
6:30 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

AWARDS AND PRESENTATIONS
B. May is Asian American Pacific Islander Heritage Month Proclamation ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of April 3, 2025 D. Approve Minutes of City Council Closed Session Meeting of April 3, 2025 E. Approve Brisbane Village Helping Hands’ Spring Social Cosponsorship F. Approve Lyrical Opposition’s Festival and Fundraiser Cosponsorship G. Receive Solid Waste Collection Adjustment-Scavenger
(Receive Scavenger’s Brisbane 2025 rate increase of 2.17% effective July 1, 2025) H. Receive Solid Waste Collection Adjustment-Recology
(Receive Recology’s Brisbane 2025 rate increase of 2.37% effective July 1, 2025) I. Introduce an Ordinance Concerning Dollar Thresholds Under the California Uniform Public Construction Cost Accounting Act and the City’s Federal Procurement Policy (There is no fiscal impact from introducing/adopting this Ordinance. If adopted, the Ordinance will allow the City to use less staff time to obtain products and equipment under 2 April 17, 2025 - 3 - 6:30 PM
a certain dollar threshold and bring the City’s procurement policies when federal funds are used in line with federal guidelines.)
J. Adopt an Ordinance, Waiving Second Reading, Approving a Zoning Text Amendment 2024-RZ-2, City-wide
(It is being recommended to adopt an Ordinance amending regulations within Title 17 of the Brisbane Municipal Code including the development standards for multifamily and mixed-use zoning districts and the exceptions to the lot size standards, consistent with California Senate Bill SB 478 (2021) and the 2023-2031 Housing Element; and to amend the reasonable accommodations exceptions consistent with the Housing Element; and finding that this amendment is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and Section 15183; City of Brisbane, applicant.)

PUBLIC HEARING
K. Zoning Text Amendment 2025-RZ-01-- Consider Introduction of Ordinance to Update the City’s Density Bonus and Inclusionary Housing Ordinance (Staff is recommending to introduce an ordinance to amend the zoning ordinance’s inclusionary housing and density bonus regulations, currently located in BMC Ch. 17.31, to comply with current State law and implement the Housing Element. This item is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.)

NEW BUSINESS
L. Approve 2025 Council Priorities
(Staff is recommending to approve the 2025 Council Priorities. There is no fiscal impact associated with adopting FY 2025-26 priorities; the FY 2025-26 Budget will reflect any projects associated with the three priorities.)

STAFF REPORTS
M. City Manager’s Report- City Updates and Upcoming Activities

MAYOR/COUNCIL MATTERS
N. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
O. Written Communications
ORAL COMMUNICATIONS NO. 2

ADJOURNMENT
3 File Attachments for Item:

C. Approve Minutes of City Council Meeting of April 3, 2025 4 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL MEETING AGENDA
THURSDAY, APRIL 3, 2025
HYBRID MEETING, 50 PARK PLACE, BRISBANE, CA 94005
6:30 P.M. CALL TO ORDER – PLEDGE OF ALLEGIANCE
Mayor Lentz called the meeting to order at 6:31 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 Roll Call Item A.

Councilmembers present: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Councilmembers absent: None
Staff Present: City Manager Dennis, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen Community Development Director Swiecki, Senior Planner Johnson, City Engineer Breault, and Administrative Management Analyst Ibarra

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Kern, to adopt the agenda as it stands. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None

AWARDS AND PRESENTATIONS
B. San Mateo County Mosquito and Vector Control District Update Brisbane Representative Michael Goldman and Operations Director Casey Stevenson presented on the latest news from 5 C.

City Council Meeting Minutes
April 3, 2025

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the San Mateo County Mosquito and Vector Control District. The presenters also invited members of the public to their Open House event scheduled for June 21, 2025.

ORAL COMMUNICATIONS NO. 1
No member of the public wished to speak.

CONSENT CALENDAR
C. Approve Minutes of City Council Meeting of March 20, 2025 D. Approve Minutes of City Council Special Meeting of March 22, 2025 E. Approve Investment Report as of February 2025
F. Approve Construction Contract for “Pedestrian Walkway – Alvarado Street to San Benito Road” to Michael Glynn Construction Services, Inc. in the Amount of $376,535.00, and Authorize the Mayor to Sign the Agreement for the City
G. Approve Complete Streets Safety Committee Workplan for 2025 H. Approve Crocker Trail CEQA Study Award of Contract to RRM Design Group (It is being recommended to award a contract in the amount of $175,800 to RRM Design Group to provide preliminary design and environmental compliance services for the improvement of the Crocker Trail.)
Councilmember Davis made a motion, seconded by Councilmember Kern, to approve Consent Calendar Items C-G. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None
After Council questions with staff, Councilmember O’Connell made a motion, seconded by Councilmember Davis, to approve Consent Calendar Items H. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None

PUBLIC HEARING
I. Consider Introducing an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide (It is being recommended to introduce an Ordinance amending regulations within Title 17 of the Brisbane Municipal Code including the development standards for multifamily and mixed-use zoning districts and the 6 C.

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exceptions to the lot size standards, consistent with California Senate Bill SB 478 (2021) and the 2023-2031 Housing Element; and to amend the reasonable accommodations exceptions consistent with the Housing Element; and finding that this amendment is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and Section 15183; City of Brisbane, applicant.) Senior Planner Johnson reported that this item was continued from the City Council meeting of October 17, 2024. At that meeting, Council raised concerns about the broad proposed ordinance scope and content, especially those provisions related to permitting procedural changes, and continued the item. He added that the current proposed ordinance has been greatly reduced in scope from the October 2024 version. The proposed amendment is limited to those revisions required to comply with the City’s Housing Element and bring the City’s ordinance into compliance with CA Senate Bill SB 478 (2021), “Housing Opportunity Act” as described in the proposed ordinance. All other proposed revisions from the October 2024 draft ordinance not driven by state law or housing element compliance have been removed from the proposed ordinance.

After Council questions, Mayor Lentz opened the public hearing. No member of the public wished to speak.

Councilmember O’Connell made a motion, seconded by Councilmember Davis, to close the public hearing.

The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None
During Council discussion, staff was directed to amend the draft Ordinance accordingly:
• Adjusting floor area ratio for multi-family projects between 3 and 7 units to 1.0, and for projects between 8 and 10 units to 1.25. This means that units can be a little larger in relation to the square footage of the property. This is a requirement of State Senate Bill 478 • Adjusted height limits to 36 feet in the zoning districts that allow multi-family housing, such as, areas at and around Visitacion Avenue
• Made adjustments to the zoning code to exempt a limited amount of parking from counting against maximum FAR
After Council discussion with staff, Councilmember O’Connell made a motion, seconded by Councilmember Davis, to introduce an Ordinance Approving a Zoning Text Amendment 2024-RZ-2, City-wide as amended. The motion was carried unanimously by all present.

Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None

STAFF REPORTS
J. City Manager’s Report- City Updates and Upcoming Activities City Manager Dennis reported on the latest City News and upcoming activities. 7 C.

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MAYOR/COUNCIL MATTERS
K. City Council Meeting Schedule
i. Proposed Special Meeting on June 26, 2025
Councilmembers directed staff to schedule a special meeting on June 26, 2025.

L. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
Councilmembers reported out on their county assignments and subcommittee meetings. City Manager Dennis reported out on future subcommittee meetings.

M. Written Communications
Clerk Padilla acknowledged that the following correspondences were received by Councilmembers:
• Kim (03-23-2025) Quarry
• Manning (03-23-2025) Oppose AB306
• Lacsamana (03-25-2025) Big Rigs on Street
ORAL COMMUNICATIONS NO. 2
No members of the public wished to speak.

ADJOURNMENT
The meeting was adjourned at 7:55 P.M.
_______________________
Ingrid Padilla
City Clerk
8 C.

File Attachments for Item:

D. Approve Minutes of City Council Closed Session Meeting of April 3, 2025 9 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
THURSDAY, APRIL 3, 2025
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA 94005
7:30 P.M. CLOSED SESSION (To Be Held in the Large Conference Room Immediately following the Adjournment of the Brisbane City Council Meeting at 6:30 P.M.) A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D.Conference With Real Property Negotiator Under Government Code Section 54956.8 Unrecorded Lot # Assessor’s
Parcel No.

Owner
Lot 58 007-530-
040
Benito Ouano
Lot 59 007-530-
050
Benito Ouano
Lot 19 007-560-
160
Deanne Cheung
Lot 20 007-560-
170
Deanne Cheung
Lot 96 007-502-
090
Jagdish Dayal
NEGOTIATOR: City Manager Jeremy Dennis
UNDER NEGOTIATION: Price and other terms and conditions of sale April 3, 2025 - 2 - 7:30 PM
10 D.

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E. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Government Code, Section 54956.9 (d). Number of Cases: One Mayor Lentz called the meeting to order at 8:09 P.M.

Councilmember O’Connell made a motion, seconded by Councilmember Kern to approve the Closed Session Meeting agenda as it stands. The motion passed unanimously by all present.

Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None
There was no public comment. Mayor Lentz adjourned the meeting into Closed Session.

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers did not take any action and provided directions to staff on the Real Property Negotiation Item D and Anticipated Litigation Item E.

ADJOURNMENT
The meeting was adjourned at 8:58 P.M.

Ingrid Padilla, City Clerk
11 D.

File Attachments for Item:

E. Approve Brisbane Village Helping Hands’ Spring Social Cosponsorship 12 Brisbane Village Helping Hands Spring Social event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 4/17/2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Approve the Brisbane Village Helping Hands Spring Social G Gathering for Event Cosponsorship
Community Goal/Result
Community Building & Fundraising
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve Brisbane Village Helping Hands Spring Social gathering as a cosponsored event.

Background
Brisbane Village Helping Hands (BVHH) is a Non-profit 501(c)(3) organization established in 2016. Their mission is to be a resource to help residents stay in their homes as they age in place in Brisbane and to help them maintain a connection to the broader community. BVHH provides volunteer services to their members, who are all Brisbane residents, including transportation, companionship visits, minor home repairs, and help with technology.

Discussion
Brisbane Village Helping Hands Spring Social gathering event will be held at the Sunrise Room on Sunday, May 4, 2025, from 12:00-3:00pm. Any funds raised at the event will benefit their nonprofit work. The event will include lunch and a brief musical performance. Admission is free to the general public. Meeting the Group II requirements with the event open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
Brisbane Village Helping Hands is requesting support from the City as summarized in the table below. They have requested use of the Sunrise Room for the aforementioned event. Although use of the facility and the deposit are waived as part of their Group II designation, they are also asking the City to waive costs associated with event insurance.
13 E.

Brisbane Village Helping Hands Spring Social event cosponsorship Page 1 of 2

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rate of Building
Attendant for Sunrise Room
Approximately 4 hours @ $50/hour =
$200
(including set up/clean up)
Waived per City policy for Nonprofit use
Facility Rental Deposit $200
(Typically refundable absent damages)
Waived per City policy for Nonprofit use
Indoor Event Insurance
Approximately $100-$250/event.
(Renters are typically required to procure
insurance on their own and provide a
copy to the city.)
Requesting requirement be
waived
Promotional and Marketing
Support Waived
Attachments

1. Cosponsorship application
Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ __________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 14 E.
15 E.
16 E.

File Attachments for Item:

F. Approve Lyrical Opposition’s Festival and Fundraiser Cosponsorship 17 Lyrical Opposition Festival and Fundraiser event cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: 4/17/2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks & Recreation Director
Subject: Approve the Lyrical Opposition Festival and Fundraiser Application for Event Cosponsorship
Community Goal/Result
Community Building & Fundraising
Purpose
Promote cultural and social events that encourage community engagement and provide assistance to local non-profit organizations.

Recommendation
Approve Lyrical Opposition’s Festival and Fundraiser as a cosponsored event.

Background
Lyrical Opposition a is Non-profit 501(c)(3) organization established in 2020. Their mission is to foster lyrical arts that advance social justice and systemic change efforts by cultivating messages of hope that inspire and empower. They have provided multiple admission-free art events throughout Brisbane, bringing patronage to local establishments. They also host an admission-free festival and fundraiser highlighting local artists, filmmakers, and vendors.

Discussion
Lyrical Opposition’s annual Festival and Fundraiser event will be held at the Mission Blue Center on Saturday, June 28, 2025, from 5:00-9:00pm. Any funds raised at the event will benefit their nonprofit work. The event will include films, music, and food vendors. Admission is free to the general public.

Meeting the Group II requirements with the event open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
Lyrical Opposition is requesting support from the City as summarized in the table below. They have requested use of the Mission Blue Center for the aforementioned event. Although use of the facility and the deposit are waived as part of their Group II designation, they are also asking the City to waive costs associated with event insurance.
18 F.

Lyrical Opposition Festival and Fundraiser event cosponsorship Page 1 of 2

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 6 hours @ $371/hour
= $2,226
(including set up/clean up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit $500
(Typically refundable absent damages)
Waived per City policy for Nonprofit use
Indoor Event Insurance
Approximately $100-$250/event.
(Renters are typically required to procure
insurance on their own and provide a
copy to the city.)
Requesting requirement be
waived
Promotional and Marketing
Support Waived
Attachments

Name of Contact Person: ___________________________________ Contact Person’s Email: _____________________________________________________________________ Name of Organization: _____________________________________ Organization’s Address or P.O. Box: ________________________________________________________________________ Circle ONE of the following items below that best describes your organization. a. Brisbane Non-Profit Organization
b. Non-resident, Non-Profit Organization (Outside of Brisbane) c. School District, School, or School Affiliated Group (ex. PTO) d. Private Group, Club, or Organization
What year did your organization begin serving the Brisbane community? _________________ How has your organization contributed to the Brisbane community in the past 2 years? _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose?
_________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

Phone: 415-508-2140 | Email: [email protected] | Office: 50 Park Place, Brisbane, CA 94005 City of Brisbane

CO-SPONSORSHIP APPLICATION

APPLICANT INFORMATION
Contact Person’s Phone: ___________________________________ Organization’s Website: ___________________________________

EVENT DETAILS
Name of Event: _______________________________________________ Event Date (mm/dd/yy): ________________________________________ Event Day of Week: ____________________________________________ Event Location: _______________________________________________ Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) ______________________________________________________________________________________________ Will there be any fundraising at this event? ______ If yes, what will the funds raised be used for? ______________________________ Are there any admission fees for this event? ______ If yes, please list them here: ____________________________________________ If this event is NOT open to the general public, what are the restrictions for who may attend? (ex. Age, membership, residency, etc.) ________________________________________________________________________________________________

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Event Set-up Start Time: _______________
Event Start Time: ________________
Event Close Time: ________________
20 F.

City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure someone will be available when you need access. (If you are not requesting indoor facility use, you may skip to the next section) Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________ Date of Facility Access (mm/dd/yy):___________________________ Opening Time: ______________ Closing Time: ______________

INDOOR FACILITY ACCESS REQUEST

PERMITS
Food & Beverage Permits
Will any food or non-alcoholic beverages be sold at your event? ______ If yes, this permit is required smchealth.org/food-program Will alcoholic beverages be served or sold at your event? _____ If yes, you must attach a copy of an Alcoholic Beverage Permit *Full Liquor Liability: If beer or wine is available for consumption and money is transacted in any form (i.e. for donation, for a ticket, for a meal, for entry to the event, for the beverage) then full liquor liability premiums are necessary.

Traffic Permits
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Amplified Sound Permits
Do you wish to use amplified sound at this event? ____ If yes, you must submit an Brisbane Amplified Sound Permit Application

EQUIPMENT USE REQUEST
<Insert Equipment Use Liability Notice>
Indicate the equipment you wish to borrow for this event.

Bluetooth Speaker? ______ with Microphone? ______
Projector & Screen? (Mission Blue Only) ______
Theater Risers? (Mission Blue Only) ______
Theatrical Lighting? (Mission Blue Only) ______ Lighting Technician? _______ Other: ____________________________________________________________

ADDITIONAL SUPPORT
Quantity: Item:
____________ 6ft Long Rectangle Tables
____________ 5ft Diameter Round Tables
____________ Chairs
____________ 10ft x 10ft Canopy/Pop-up Tent
____________ Weighted Sandbags
Do you need any promotional support for this event?
Signboards?
Digital Graphics / Flyers?
Other: ____________________________

USE AGREEMENT & LIABILITY RELEASE
To the fullest extent allowed by law, I agree to indemnify and defend the City of Brisbane, its directors, officers, agents, employees and volunteers and hold them harmless from and against any and all loss, liability, expense, claims, costs, suits, and damages, including attorneys’ fees, arising out of the use or occupancy described in this application. I agree to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from the use or occupancy described in this application.

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Social Media?
Programs?
Applicant Signature______________________________________ Date________________ 21 F.

File Attachments for Item:

G. Receive Solid Waste Collection Adjustment-Scavenger
(Receive Scavenger’s Brisbane 2025 rate increase of 2.17% effective July 1, 2025) 22 Solid Waste Collection Rate Adjustment-Scavenger Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: April 17, 2025
From: Director of Public Works/City Engineer
Subject: Solid Waste Collection Rate Adjustment-Scavenger The recommended action is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (4)).

Purpose To review rate adjustments submitted by one of the city’s solid waste franchisees.

Recommendation Receive South San Francisco Scavenger’s 2025 rate increases.

Background
The city has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services; one with South San Francisco Scavenger Company (Scavenger) in Solid Waste Collection Zones 1(A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.

Discussion
Scavenger did submit a request for rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement, “. . . not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.” The calculated rate increase for this year is 2.17%.

With the company completing their calculations per the agreement, there is no discretionary action for the Council to take.

Fiscal Impact The effective date of the new rates is July 1, 2025.

Environmental Review
Adoption of this ordinance does not require further environmental review under the California Environmental Quality Act because it is a governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially sign physical impact on the environment and hence it is not a “project”. CEQA Guidelines, Section 15378 (b) (4).

Attachments

1. Scavenger's letter of 3/29/25 and redacted rate adjustment language

2. Solid Waste Collection Zone Maps
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 1 of 14
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File Attachments for Item:

H. Receive Solid Waste Collection Adjustment-Recology
(Receive Recology’s Brisbane 2025 rate increase of 2.37% effective July 1, 2025) 37 Solid Waste Collection Rate Adjustment-Recology Page 1 of 1

CITY COUNCIL AGENDA REPORT
Meeting Date: April 17, 2025
From: Director of Public Works/City Engineer
Subject: Solid Waste Collection Rate Adjustment-Recology The recommended action is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (4)).

Purpose: To review rate adjustments submitted by one of the city’s solid waste franchisees.

Recommendation: Receive Recology Brisbane’s 2025 rate increases.

Background
The city has two Franchise Agreements dated November 20, 2014 for the provision of waste collection services, one with South San Francisco Scavenger Company in Solid Waste Collection Zones 1(A&B) and 2, and one with Recology Brisbane in Solid Waste Collection Zone 3. Both agreements have language specifying under what conditions a rate increase may occur.

Discussion
Recology Brisbane did submit a request for rate increase; their proposed rates were reviewed by staff and found to be in accordance with their franchise agreement. Pursuant to each agreement, “. . . not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year.” The rate increase for this year is 2.37%.

With the company completing their calculation per the agreement, there is no discretionary action for the Council to take.

Fiscal Impact
The effective date of the new rates is July 1, 2025.

Attachments

1. Recology Brisbane’s letter of 3/17/25 and redacted rate adjustment language

BY EMAIL
Jeremy Dennis
City Manager
City of Brisbane
50 Park Lane
Brisbane, CA 94005
RE: Notice of Intention to Increase Rates & Related Matters Dear Mr. Dennis:

The purpose of this letter is to notify the City of Brisbane of Recology’s intention to increase rates effective July 1, 2025 pursuant to the refuse rate index methodology set forth in the Franchise Agreement between the City and Recology.

RRI Rate Adjustment
Section 6.2 of the Franchise Agreement provides that maximum rates shall be adjusted each July 1 using a refuse rate index consisting of the weighted average of certain index items as specified below. The annual percentage change in each index item and the calculation of the RRI Adjustment Percentage are also set forth below. Accordingly, maximum rates shall be increased by 2.37% effective July 1, 2025 under Section 6.2.

Cost Category Weighting Source/Index Annual % Change in Source/Index
Weighted %
Change
Fixed Labor 0.60 As per CBAs 3.50% 2.10%
Variable/Processing Costs 0.25 CPI(U) 2.38% 0.60%
CNG Fuel 0.05 Fuel Index -6.54% -0.33%
RRI Adjustment Percentage: 2.37%
Franchise Fee Payment
Under Section 4.1 of the Franchise Agreement Recology must make an annual franchise fee payment to the City on or before April 30 of each year. The franchise fee is 14% of Recology’s gross revenues during the proceeding calendar year from the collection and disposal of solid waste within Zone 3. For Calendar Year 2024, these revenues amounted to $137,087.96. The franchise fee is therefore $19,192.31. We will remit payment before April 30.

Diversion Rate
Section 8.4 of the Franchise Agreement requires Recology to provide the City with an annual written report setting forth Recology’s best estimate of the diversion rate for its Zone 3 customers. 2 of 16
39 H.
2 We estimate based on volume and type of service, that the diversion rate for our Zone 3 customers was approximately 35% for the Calendar Year 2024.

Thank you for your consideration. We would be happy to meet with City staff to discuss these matters at your earliest convenience.

Sincerely,
Anthony Crescenti
General Manager
Recology Sunset Scavenger
(415) 330-2911
cc: Randy Breault, Public Works Director, City Engineer Rich Lanser, Recology SF Region Controller
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40 H.

Commercial rates include the following components:
• Volumetric charges shown are for trash service.
• Recycling services are charged at 25% of the volumetric rate for trash. * • Composting services are charged at 75% of the volumetric rate for trash. * • There are separate charges for premium services, such as key, distance and elevation. * Except for roll-off compactors, which are charged at 25% (recycling) or 75% (composting) of the calculated rate.

RATE BOOK
PROPOSED COMMERCIAL RATES EFF 7/1/25
Recology Brisbane 1 of 7
4 of 16
41 H.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2025

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates

1. Commercial Key Charges
1 Per Week = $ 20.19 2.37% $ 20.67
These rates apply to Carts located outside. 2 Per Week = $ 35.56 2.37% $ 36.40 Carts located inside: 3 Per Week = $ 50.58 2.37% $ 51.78 - Less than 100 feet from the curb will be charged 10% more. 4 Per Week = $ 65.07 2.37% $ 66.61 - More than 100 feet from the curb will be charged 25% more. 5 Per Week = $ 79.62 2.37% $ 81.51 Carts located 4 feet or more above or below ground level 6 Per Week = $ 101.46 2.37% $ 103.86 will be charged 25% more. 7 Per Week = $ 124.94 2.37% $ 127.90 Saturday = $ 21.85 2.37% $ 22.37
Sunday = $ 23.48 2.37% $ 24.04

2.Proposed Commercial Rates
Rate is per month, one pick up per week.

FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.

For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below 32 Gallon Carts 1 Per Week = $ 73.94 2.37% $ 75.69
Saturday = $ 85.29 2.37% $ 87.31
Sunday = $ 96.73 2.37% $ 99.02
64 Gallon Carts 1 Per Week = $ 151.48 2.37% $ 155.07
Saturday = $ 167.08 2.37% $ 171.04
Sunday = $ 197.00 2.37% $ 201.67
96 Gallon Carts 1 Per Week = $ 202.20 2.37% $ 206.99
Saturday = $ 222.41 2.37% $ 227.68
Sunday = $ 262.70 2.37% $ 268.93
Rates listed below are for carts up to 45 pounds.

Any weight exceeding 45 pounds will be charged an
additional $0.1143 per pound.
5 of 16
42 H.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2025

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates

3. Extra Pick-ups
64 Gallon Carts Regular $ 47.22 2.37% $ 48.34
Saturday = $ 63.74 2.37% $ 65.25
Sunday = $ 85.03 2.37% $ 87.05
96 Gallon Carts Regular $ 63.04 2.37% $ 64.53
Saturday = $ 85.12 2.37% $ 87.14
Sunday = $ 113.45 2.37% $ 116.14

4.Container Rates
Rate is per month, one pick up per week.

FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.

For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below 1 YD 1 Per Week = $ 444.19 2.37% $ 454.72
Saturday = $ 599.68 2.37% $ 613.89
Sunday = $ 798.99 2.37% $ 817.93

1.5 YDS 1 Per Week = $ 683.20 2.37% $ 699.39
Saturday = $ 922.27 2.37% $ 944.13
Sunday = $ 1,229.87 2.37% $ 1,259.02
2 YDS 1 Per Week = $ 790.89 2.37% $ 809.63
Saturday = $ 1,068.02 2.37% $ 1,093.33
Sunday = $ 1,423.42 2.37% $ 1,457.16

2.5 YDS 1 Per Week = $ 989.11 2.37% $ 1,012.55
Saturday = 1,331.81$ 2.37% $ 1,363.37
Sunday = 1,780.60$ 2.37% $ 1,822.80
6 of 16
43 H.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2025

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
3 YDS 1 Per Week = $ 1,103.14 2.37% $ 1,129.28
Saturday = $ 1,488.54 2.37% $ 1,523.82
Sunday = $ 1,985.14 2.37% $ 2,032.19
4 YDS 1 Per Week = $ 1,379.08 2.37% $ 1,411.76
Saturday = $ 1,861.84 2.37% $ 1,905.97
Sunday = $ 2,482.23 2.37% $ 2,541.06
6 YDS 1 Per Week = $ 1,958.59 2.37% $ 2,005.01
Saturday = $ 2,379.66 2.37% $ 2,436.06
Sunday = $ 3,524.92 2.37% $ 3,608.46
7 YDS 1 Per Week = $ 2,284.61 2.37% $ 2,338.76
Saturday = $ 3,084.79 2.37% $ 3,157.90
Sunday = $ 3,602.64 2.37% $ 3,688.02

5. Extra Pick-ups for Containers
(per Yard) Regular $ 112.83 2.37% $ 115.50
Saturday = $ 152.36 2.37% $ 155.97
Sunday = $ 203.00 2.37% $ 207.81

6. Front Load Compactor Rates
Rate is per month, one pick up per week.

FOR ADDITIONAL CANS: MULTIPLY TIMES
PER WEEK BY THE NUMBER OF CARTS.

For recycling carts, charge is 25% of the charge shown below For composting carts, charge is 75% of the charge shown below

0.5 YD 1 Per Week = $ 314.33 2.37% $ 321.78
Saturday = 345.57$ 2.37% $ 353.76
Sunday = 380.34$ 2.37% $ 389.35
7 of 16
44 H.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2025

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased %
Proposed
Maximum
Rates
.75 YD 1 Per Week = $ 471.50 2.37% $ 482.67
Saturday = $ 518.36 2.37% $ 530.65
Sunday = $ 570.50 2.37% $ 584.02
1 YD 1 Per Week = $ 628.65 2.37% $ 643.55
Saturday = $ 691.13 2.37% $ 707.51
Sunday = $ 760.67 2.37% $ 778.70

1.5 YDS 1 Per Week = $ 942.98 2.37% $ 965.33
Saturday = $ 1,036.70 2.37% $ 1,061.27
Sunday = $ 1,141.02 2.37% $ 1,168.06
2 YDS 1 Per Week = $ 1,257.31 2.37% $ 1,287.11
Saturday = $ 1,382.28 2.37% $ 1,415.04
Sunday = $ 1,521.34 2.37% $ 1,557.40

2.5 YDS 1 Per Week = $ 1,571.63 2.37% $ 1,608.88
Saturday = $ 1,727.83 2.37% $ 1,768.78
Sunday = $ 1,901.68 2.37% $ 1,946.75
3 YDS 1 Per Week = $ 1,885.97 2.37% $ 1,930.67
Saturday = $ 2,073.40 2.37% $ 2,122.54
Sunday = $ 2,282.01 2.37% $ 2,336.09
4 YDS 1 Per Week = $ 2,514.63 2.37% $ 2,574.23
Saturday = $ 2,764.53 2.37% $ 2,830.05
Sunday = $ 3,042.68 2.37% $ 3,114.79

4.5 YDS 1 Per Week = $ 2,828.94 2.37% $ 2,895.99
Saturday = $ 3,110.11 2.37% $ 3,183.82
Sunday = $ 3,423.03 2.37% $ 3,504.16
5 YDS 1 Per Week = $ 3,143.28 2.37% $ 3,217.78
Saturday = 3,455.68$ 2.37% $ 3,537.58
Sunday = 3,803.36$ 2.37% $ 3,893.50
8 of 16
45 H.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2025

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
6 YDS 1 Per Week = $ 3,771.93 2.37% $ 3,861.32
Saturday = $ 4,146.81 2.37% $ 4,245.09
Sunday = $ 4,564.02 2.37% $ 4,672.19

7. Extra Pick-ups for Front load Compactor
(per Yard) Compacted $ 145.18 2.37% $ 148.62
Saturday = $ 159.62 2.37% $ 163.40
Sunday = $ 175.67 2.37% $ 179.83

ROLL-OFF COMPACTOR RATES
Transportation Charge
$735.99 per pull
Disposal Charge
$239.72 per ton
Container Rotation Charge
$412.34 per pull
Rate Calculation Formula:

Transportation Chg. + Disposal Chg. + 10% + Rotation Chg.* = Per Pull Compactor Rate * If applicable

7. Debris Box Rates
6 & 9yd dirt/concrete boxes must be clean fill only-no bricks, wood, metal or trash.

NO serpentine rock, metal, organic debris, or trash. Such loads must be dumped as general debris.

Rate is per month, one pick up per week.
9 of 16
46 H.

SUNSET SCAVENGER, INC
RATES AND CHARGES EFFECTIVE JULY 1, 2025

CITY OF BRISBANE, CALIFORNIA
Current
Rates
Proposed
increased
%
Proposed
Maximum
Rates
6 YDS Monday-Friday 861.03 2.37% $ 881.44
Saturday 989.32 2.37% $ 1,012.77
Max. Weight Clean fill only Clean fill only
9 YDS Monday-Friday 918.21 2.37% $ 939.97
Saturday 1055.79 2.37% $ 1,080.81
Max. Weight Clean fill only Clean fill only
15 YDS Monday-Friday 861.03 2.37% $ 881.44
Saturday 989.32 2.37% $ 1,012.77
Max. Weight 4,000 lbs. 4,000 lbs.
20 YDS Monday-Friday 981.61 2.37% $ 1,004.87
Saturday 1128.45 2.37% $ 1,155.19
Max. Weight 6,000 lbs. 6,000 lbs.
30 YDS Monday-Friday 1208.84 2.37% $ 1,237.49
Saturday 1389.69 2.37% $ 1,422.63
Max. Weight 7,000 lbs. 7,000 lbs.
40 YDS Monday-Friday 1329.41 2.37% $ 1,360.92
Saturday 1530.37 2.37% $ 1,566.64
Max. Weight 8,000 lbs. 8,000 lbs.
14yd covered Monday-Friday 925.94 2.37% $ 947.88
Saturday 1066.62 2.37% $ 1,091.90
Max. Weight 4,000 lbs. 4,000 lbs.
20yd covered Monday-Friday 1063.53 2.37% $ 1,088.74
Saturday 1221.22 2.37% $ 1,250.16
Max. Weight 6,000 lbs. 6,000 lbs.
10 of 16
47 H.

Recology Rate Modification
11 of 16
48 H.

Recology Rate Modification
12 of 16
49 H.
13 of 16
50 H.
14 of 16
51 H.
15 of 16
52 H.
16 of 16
53 H.

File Attachments for Item:

I. Introduce an Ordinance Concerning Dollar Thresholds Under the California Uniform Public Construction Cost Accounting Act and the City’s Federal Procurement Policy (There is no fiscal impact from introducing/adopting this Ordinance. If adopted, the Ordinance will allow the City to use less staff time to obtain products and equipment under a certain dollar threshold and bring the City’s procurement policies when federal funds are used in line with federal guidelines.)
54 CITY COUNCIL AGENDA REPORT
Amendment to Municipal Code Sections 3.12.090 and 3.12.130 Page 1 of 3 Meeting Date: April 17, 2025
From: Directors of Finance and Public Works
Subject: Amendment to Municipal Code Sections 3.12.090 and 3.12.130 This Ordinance is exempt from CEQA because it is not a project (CCR Title 14 §15378 (b) (4)).

Recommendation
Introduce the attached Ordinance Concerning Dollar Thresholds Under the California Uniform Public Construction Cost Accounting Act and the City’s Federal Procurement Policy.

Purpose
The proposed Ordinance (a) revises higher bidding thresholds for those public works projects that may use the California Uniform Public Construction Cost Accounting Act and (b) revises the City’s Federal Procurement Polices to reflect revisions to the federal Uniform Guidelines concerning procurements using federal funds.

If the ordinance is introduced as recommended, it will be brought back to a later regularly scheduled council meeting for final adoption.

Background
The California Uniform Public Construction Cost Accounting Act (CUPCCAA) allows a city to lift the relatively low bidding threshold for public works projects. Under the general rules, public works projects (broadly defined) valued at over $5,000 must be competitively bid. These thresholds may be onerous as public bidding requires substantial staff time to administer. The CUPCCAA allows higher bidding thresholds. To use the CUPCCAA procedures a city must confirm that it has opted into the CUPCCAA by adopting an ordinance and providing a copy of the ordinance to the State Controller. The City has opted into the CUPCCAA by adopting an ordinance, codified in Section 3.12.090 of the Municipal Code.

Effective January 1, 2025, the thresholds were increased. In order that the city continue to have the flexibility to use the CUPCCAA provisions where appropriate, staff recommends the ordinance be amended to reflect these higher thresholds.

Federal Procurement Policy
From time to time, the City receives federal funding through awards or grants. Where federal funding is involved, the City must follow federal procurement policies. The City has adopted such policies not only in the Municipal Code (codified in Section 3.12.130) but also in its Procurement Policy. In October 2024, the federal Office of Management and Budget announced a number of changes to the Uniform Procurement Guidelines which provide the framework for the City’s Federal Procurement Policy. In order that the City federal procurement policies reflect these changes, staff recommends the ordinance concerning these policies also be revised. If the ordinance is adopted, the Procurement Policy will also be revised consistently with the ordinance.
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55 I.

Amendment to Municipal Code Sections 3.12.090 and 3.12.130 Page 2 of 3 Discussion
California Uniform Public Construction Cost Accounting Act Current Threshold January 1, 2025 Threshold to be
changed by Proposed Ordinance
Project Requirements
$5,001 - $60,000 $5,001 - $75,000 Can be performed by city employees, or contracted by
force account, negotiated
contract or purchase order
$60,000 - $200,000 $75,001 - $220,000 Contracted by specified informal procedures
$201,000 and higher $221,000 and higher Contracted per Public Contract Code formal bidding
These threshold amounts may be revised by statute from time to time. The attached ordinance provides for automatic adjustments of the bidding thresholds as the statute changes without having to amend the ordinance further. Rather, those thresholds will be reflected in the Procurement Policy.

Federal Procurement Policy
Although it may appear that the revisions to the Federal Procurement Policy are significant, they are not. Most of the changes in the attached ordinance simply reflect changes in the way that the existing policies are reflected in the Code of Federal Regulations (C.F.R.). There are, however, some changes to the procurement methods.

Currently, the city must use one of four procurement methods when purchasing supplies or equipment with federal funds: “Micro-purchases” (i.e, less than $3,000); small purchase procedures (less than $150,000); sealed bids/competitive proposals (greater than $150,000); and noncompetitive proposals, (e.g., sole source or emergency situations).

The revised federal regulations, now reflected in the attached ordinance, provide that the city must use one of three procurement methods when purchasing supplies or equipment with federal funds:

Informal procurement methods for small purchases (micro-purchases now increased up to $50,000 and “simplified acquisitions” up to $250,000); formal procurement methods (essentially the same as the sealed bids/competitive proposals in the current ordinance but for amounts in excess of $250,000); and noncompetitive procurement, the same as in the existing ordinance.

Subsection E of Section 3.12.120 is also being amended to provide the city must inform its employees in writing about whistleblower rights and protections (which the City already does) and that the city has internal controls, including cybersecurity, to safeguard its information. Again, the City has these controls in place.

Other changes to the federal guidelines, such as capitalization thresholds that are not included in the ordinance, will be included in the City’s Procurement Policy. 2 of 9
56 I.

Amendment to Municipal Code Sections 3.12.090 and 3.12.130 Page 3 of 3 Fiscal Impact
There is no fiscal impact from adopting this Ordinance. Adoption of the Ordinance will allow the City to use less staff time to obtain products and equipment under a certain dollar threshold and bring the City’s procurement policies when federal funds are used in line with federal guidelines.

Attachments

1. Proposed Ordinance
___________________________________
Carolina Yuen, Finance Director
___________________________________ ___________________________________ Randy Breault, Public Works Director Jeremy Dennis, City Manager 3 of 9
57 I.
1 Ordinance No. - - -
ORDINANC E NO. ___

AN ORDINANC E OF THE C ITY OF BRISBANE
TO AMEND SEC TIONS 3.12.090 AND 3.12.130 OF THE BRISBANE MUNIC PAL C ODE

C ONC ERNING DOLLAR THRESHOLDS UNDER THE C ALIFORNIA UNIFORM PUBLIC C ONSTRUC TION C OST AC C OUNTING AC T AND THE C ITY’S FEDERAL PROC UREMENT POLIC Y THE C ITY C OUNC IL OF THE C ITY OF BRISBANE HEREBY ORDAINS AS FOLLOWS:

SEC TION 1. Section 3.12.090 of the Bris bane Municipal C ode is amended to read as follows :
“3.12.090 California Uniform Public Construction C ost Accounting Act The California Uniform Public C onstruction C ost Accounting Act (C UPC C AA) [Public Contract C ode, Section 22000 et seq.] provides cost accounting standards and an alternative method for the bidding of public works projects by public entities. By adoption of this section of the chapter, the city has elected to become subject to the CUPCC AA procedures. (Subsections A and B, no change.)
C. ContractingProcedures Based on Dollar Amounts

1. CUPCCAA projects that do not exceed five thousand dollars ($5,000) are notsubject to competitive bidding requirements.

2. CUPCCAA projec ts of seventy five thousand dollars ($75,000) or less may be performed by the employees of the city, by force account, by negotiated contract, or by purchase order.

3. CUPCCAA projects more than seventy five thousand dollars ($75,000) up to two hundred twenty thousand dollars ($220,000) may be let by informal procedures as set forth in subsection E of this section and in Sections 22020 through 22045 of the Public Contract C ode.

4. CUPCCAA projects of more than two hundred twenty thousand dollars ($220,000) shall, except as otherwise provided in Section 22034 of the Public Contract Code, be let by a formal bidding procedure.
(Subsections D and E, no change.)
F. The bidding thresholds set forth in subsection C shall be automatically adjusted as those amounts are changed by statute. Such adjusted amounts shall be in the C ity’s Purchasing Policy.” Section 2. Section 3.12.130 of the Bris bane Municipal is amended to read as follows:
“Section 3.12.030 Federal Procurement Policy
(Subsections A and B, no change.)
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2 Ordinance No. - - -
C . General Standards. The following additional standards are required when the city procures supplies or equipment with federal funds in the form of a grant or award. (Paragraphs 1 through 4, no change).

5. Time and Materials contracts.

a. The city may use time a time and materials type contract only after a determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to the city is the sum of (i) the actual cost of materials and (ii) direct labor hours charged at a fixed hourly rates that reflect wages, general and administrative expenses, and profit. b. Because this formula generates an open ended contract price, a time and materials type contract provides no positive profit incentive to the contractor for cost control or labor efficiency. Therefore, each contract must contain a ceiling price that the contractor exceeds at its own risk. Further, the city must assert a high degree of oversight to obtain reasonable assurance that the contractor is using efficient methods and effective cost controls.
(2 C .F. R. Section 200.318 (j) (1) and (2))
(Paragraph 6, no change.)

7. Whistleblower rights and protections. Under the law, legal protections are provided to “whistleblowers”. The city will inform its employees in writing about these whistleblower rights and protections.

8. Internal controls. The city shall adopt internal controls, including cybersecurity and other measures, to safeguard information.

D. Procurement Methods. The city must use one of three procurement methods identified below when purchasing supplies or equipment with federal funds.

1. Informal procurement methods for small purchases. These procurement methods expedite the completion of transactions, minimize administrative burdens, and reduce costs. Informal procurement methods may be used when the value of the procurement transaction under the Federal award does not exceed the simplified acquisition threshold as defined in 2 C .F.R. Section 200.1. Informal procurement methods include micro-purchases and simplified acquisitions. a. Micro-purchases. Procurement by micro-purchase is acquisition of supplies or services, the aggregate dollar amount of which does not exceed the micropurchase threshold defined in 2 C .F.R. 200.1. To the extent practicable, the city must distribute micro-purchases equitably among qualified suppliers. Micropurchases may be awarded without soliciting competitive quotations if the city determines the price quote is reasonable based on research, experience, 5 of 9
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3 Ordinance No. - - -
purchase history, or other information and maintains documents to support its conclusions. The city is responsible for determining and documenting an appropriate micro-purchase threshold based on internal controls, an evaluation of risk, and its documented procurement procedures and the city is self certifying its micro-purchasing threshold as $50,000 in compliance with 2 C .F.R. Section 200.320 (a)(1)(iv).
(2. C .F. R. 200.320 (a)(1)
b. Simplified acquisition. Procurement by simplified acquisition is acquisition of supplies or services, the aggregate dollar amount is higher than the micropurchase threshold ($50,000) but does not exceed the simplified acquisition threshold ($250,000). If simplified acquisition procedures are used, price or rate quotations must be obtained from an adequate number of qualified sources. (2 C.F.R. 200.320 (a)(2)).

2. Formal procurement methods. Formal procurement methods are required when the value of the procurement under a Federal award exceeds the simplified acquisition threshold $250,000). Formal procurement methods are competitive and require public notice. The following formal methods of procurement are sealed bids and proposals. a. Sealed bids are publicly solicited bids through an invitation and a firm fixed price contract (lump sum or unit price) is awarded to the responsible bidder whose bid conforms with all the material terms and conditions of the invitation and is the lowest in price. This method is preferred for procuring construction contracts.

(i) For sealed bids to be feasible, the following conditions should be present:
(A) a complete, adequate, and realistic specification or purchase description in available, (B) two or more responsible bidders have been identified as willing and able to compete effectively for the business, and (C) the procurement lends itself to the firm fixed price contract and the selection of the successful bidder may be made principally on price.
(ii) If sealed bids are used, the following requirements apply: (A) bids must be solicited from an adequate number of bidders, as such is determined by the city, with sufficient response time prior to the date set for opening the bids; (B) bids must be publicly advertised; (C ) the invitation for bids must define the items or services with specific information, including any required specifications, for the bidder to properly respond; (D) all bids will be publicly opened at the time and place prescribed in the invitation for bids; (E) A firm fixed price contract is awarded in writing to the lowest responsive bid and responsible bidder; and (F) the city must document and provide a justification for all bid rejects.
(2 C .F.R. 200.320 (a))
b. Proposals is a procurement method used when conditions are not appropriate for using sealed bids and such method may result in either a fixed price or cost 6 of 9
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4 Ordinance No. - - -
reimbursement contract. Proposals are awarded in accordance with the following requirements.
(i) Requests for proposals require public notice and all evaluation factors and their relative importance must be identified. Proposals must be solicited from multiple qualified persons or entities. To the maximum extent practicable, any proposal submitted in response must be considered. (ii) The city must have written procedures for conducting technical evaluations and making selections.
(iii) C ontracts must be awarded to the responsible offeror whose proposal is most advantageous to the city considering price and other factors; and (iv) The city may use competitive proposal procedures for qualification based procurements of architect/engineering professional services whereby the offeror’s qualifications are evaluated, and the most qualified offeror is selected, subject to negotiation of fair and reasonable compensation. The method where the price is not used as a selection method may only be used to procure architectural/engineering professional services and not for other services provided by such firms that are a potential source to perform the proposed effort.
(2 C .F.R. 200.320 (b))

3. Noncompetition procurement. The noncompetition method may only be used if one of the following circumstances applies:
a. The aggregate amount of the procurement transaction does not exceed the micro-purchase threshold ($50,000);
b. The procurement transaction may only be fulfilled by a single source; c. The public exigency or emergency for the requirement does not permit a delay resulting from providing public notice of a competitive solicitation; or d. d. The city has in writing requested to use a noncompetition method and the Federal agency provides a written approval.
(2 C .F.R 200.320 (c))
E. Additional Requirements to Sealed Bids and C ompetitive Proposals

1. All procurement transactions under the Federal award must be conducted in a manner that provides full and open competition and is consistent with standards of 2 C .F.R.

Section 200.319 and 2 C .F.R. Section 200.320. (2 C.F.R. Section 200.319 (a)).

2. To ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements 7 of 9
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5 Ordinance No. - - -
of work, or invitations for bids must be excluded from competing on those procurements. (2 C .F.R. Section 200.319 (b))

3. Examples of situations that may restrict competition include but are not limited to:
a. Placing unreasonable requirements on firms for them to qualify to do business; b. Requiring unnecessary experience and excessive bonding; c. Noncompetitive pricing practices between firms or between affiliated companies; d. Noncompetitive contracts to consultants that are on retainer contracts; e. Organizational conflicts of interest;
f. Specifying a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
g. Any arbitrary action in the procurement process.
(2 C .F.R. Section 200.319 (c))

4. The city must have written procedures for procurement transactions. These procedures must ensure that all solicitations:
a. Are made in accordance with 2 C .F.R. Section 200.319 (b). b. Incorporate a clear and accurate description of the technical requirements for the property, equipment, or service being procured. The description may include a statement of the qualitative nature of the property, equipment, or service to be procured. When necessary, the description must provide minimum associated characteristics and standards to which the property, equipment, or service must conform. Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to clearly and accurately describe the technical requirements, a “brand name” or equivalent description of features may be used to provide procurement requirements. The specific features of the named brand must be clearly stated; and
c. Identify any additional requirements which the offerors must fulfill and all other factors that will be used in evaluating bids or proposals. (2 C .F. R. Section 200.319 (d))

5. The city must ensure that all prequalified lists of persons, firms, or products used in procurement transactions are current and include enough qualified sources to ensure maximum open competition. When establishing or amending prequalified lists, the city must consider objective factors that evaluate price and cost to maximize competition. 8 of 9
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6 Ordinance No. - - -
The city must not preclude potential bidders from qualifying during the solicitation period. (2 C .F. R. Section 319.200 (e))

6. To the extent consistent with established and legal requirements applicable to the city, subsection E of this Section does not prohibit the city from developing procedures for procurement transactions that incorporate a scoring mechanism that rewards bidders that commit to specific numbers or types of U.S. jobs, minimum compensation benefits, on the job training for employees making work products or providing services on a contract, and other worker protections. This subsection E also does not prohibit the city from making inquiries of bidders about these subjects and assessing the responses. Any scoring mechanism must be consistent with the U.S. C onstitution, applicable Federal statutes and regulations, and the terms and conditions of the Federal award. (2 C .F.R. 200.319 (f))

7. Noncompetitive procurements may only be awarded in accordance with 2 C .F.R. 200.320 (b). (2 C .F.R. 200.319 (g)).”
SECTION 3: This Ordinanc e s hall be in full forc e and effect 30 days after its pas s age and adoption.
* * * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ____________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cliff Lentz, Mayor
ATTEST:
_____________________________
Ingrid Padilla, City Clerk
APPROVED AS TO FORM:
_____________________________
Thomas R. McMorrow, City Attorney
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63 I.

File Attachments for Item:

J. Adopt an Ordinance, Waiving Second Reading, Approving a Zoning Text Amendment 2024- RZ-2, City-wide
(It is being recommended to adopt an Ordinance amending regulations within Title 17 of the Brisbane Municipal Code including the development standards for multifamily and mixed-use zoning districts and the exceptions to the lot size standards, consistent with California Senate Bill SB 478 (2021) and the 2023-2031 Housing Element; and to amend the reasonable accommodations exceptions consistent with the Housing Element; and finding that this amendment is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and Section 15183; City of Brisbane, applicant.)
64 2024-RZ-2 Adoption Page 1 of 1

CITY COUNCIL MEMO
Meeting Date: April 17, 2025
From: Ingrid Padilla, City Clerk
Subject: Adopt an Ordinance, Waiving Second Reading, Approving a Zoning Text Amendment 2024-RZ-2, City-wide
It is being recommended to adopt an Ordinance amending regulations within Title 17 of the Brisbane Municipal Code including the development standards for multifamily and mixed-use zoning districts and the exceptions to the lot size standards, consistent with California Senate Bill SB 478 (2021) and the 2023-2031 Housing Element; and to amend the reasonable accommodations exceptions consistent with the Housing Element; and finding that this amendment is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and Section 15183; City of Brisbane, applicant.

The Ordinance listed above was introduced at the City Council Meeting of April 3, 2025. It is on this agenda for consideration of adoption with the revised ordinance for the 2024-RZ-2 zoning amendment.

Attachment:

1. Revised Ordinance

2. Revised Redlined Ordinance

3. Staff Report from the City Council Meeting of October 17, 2024 65 J.

Attachment 1
DRAFT ORDINANCE NO.___

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BRISBANE MUNICIPAL CODE TITLE 17 – TO AMEND THE DEVELOPMENT STANDARDS FOR

MULTIFAMILY AND MIXED USE ZONING DISTRICTS AND TO AMEND THE EXCEPTIONS TO LOT STANDARDS, CONSISTENT WITH CALIFORNIA SENATE BILL SB 478 (“HOUSING OPPORTUNITY ACT”), AND THE 2023-2031 HOUSING ELEMENT; AND TO AMEND THE REASONABLE ACCOMMODATION EXCEPTIONS CONSISTENT WITH THE HOUSING ELEMENT.

SECTION 1: 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:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B. of this Section 17.08.040.

2. 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.

3. Notwithstanding the minimum lot area in paragraph 1 of this subsection A, pursuant to State law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area in paragraph 1.

B. Density of Development. The minimum lot area for each dwelling unit on the site shall be two thousand five hundred (2,500) square feet; provided, however, a lot having an area of four thousand nine hundred fifty (4,950) square feet or greater shall be considered conforming for a development density of two (2) units, and further provided that pursuant to State law, a housing development project of three (3) units proposed on an existing legal lot of record shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area for each dwelling unit.

C. Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

Width Depth
50 feet 100 feet
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: Fifteen (15) feet, with the following exceptions:
66 J.
a. Where the lot has a slope of fifteen percent (15%) or greater, the minimum front setback may be reduced to ten (10) feet.
b. Where fifty percent (50%) or more of the lots of record in a block have been improved with single-family dwellings, the minimum front setback may be the average distance of the front outside wall of the single-family structures from the front lot line, if less than fifteen (15) feet. Notwithstanding the foregoing, the minimum front setback for garages or carports shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

2. Side setback: Five (5) feet, with the exception that a lot having a width of less than fifty (50) feet may have a side setback reduced to ten percent (10%) of the lot width, but in no event less than three (3) feet or the minimum setback required by the Uniform Building Code, whichever is greater. 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 ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

3. Rear setback: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be fifty percent (50%); except that, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required to allow for development up to the floor area ratio maximum, as that ratio is determined by the building official; in such instance, no variance shall be required in order for the lot to exceed the maximum coverage.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

1. Single family dwellings, duplexes and two-unit dwelling groups shall have a maximum floor area ratio of 0.72, with the following exceptions:
a. In the case of single-family dwellings, where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet. b. In the case of duplexes and two-unit dwelling groups, the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

2. Multiple-family development shall have the following maximum floor area ratios:
a. Developments of three (3) to seven (7) units shall have a maximum floor area ratio of 1.0. b. Developments of eight (8) to ten (10) units shall have a maximum floor area ratio of 1.25. c. Developments of eleven (11) units or more shall have a maximum floor area ratio of 0.72; except that the area of all covered parking spaces required to be provided for the site shall be 67 J.
excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G. and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

2. For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (36) feet, and the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (36) feet from finish grade.

H. Articulation Requirements. Unless exempted, outside walls that are greater in size than twenty (20) feet in width and twenty (20) feet in height shall have a cumulative area of articulation as follows:

1. Front outside wall: Thirty percent (30%) articulation.

2. Side outside walls:
a. Interior side outside wall: No articulation requirement. b. Exterior side outside wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the exterior side outside wall shall be twenty percent (20%). No articulation shall be required for the exterior side outside wall of structures located on lots having an average width of less than forty (40) feet.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.
68 J.

3. 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.

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.

K. 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 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 2: Section 17.10.040 - Development Regulations, of Chapter 17.10 - R-3 Residential District, is amended to read as follows:

The following development regulations shall apply to any lot in the R-3 district:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B of this section.

B. Density of Development. The minimum lot area for each dwelling unit on the site shall be one thousand five hundred (1,500) square feet; provided, however, a lot having an area of four thousand nine hundred fifty (4,950) square feet or greater shall be considered conforming for a development density of three (3) units, and further provided that pursuant to State law, a housing development project of three (3) units proposed on an existing legal lot of record shall not be denied solely on the basis that the lot area of that existing lot does not meet the minimum lot area for each dwelling unit.

C. Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

Width Depth
50 feet 100 feet
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: Fifteen (15) feet, with the following exceptions:
a. Where the lot has a slope of fifteen percent (15%) or greater, the minimum front setback may be reduced to ten (10) feet.
b. Where fifty percent (50%) or more of the lots of record in a block have been improved with single-family dwellings, the minimum front setback may be the average distance of the front outside wall of the single-family structures from the front lot line, if less than fifteen (15) feet. Notwithstanding the foregoing, the minimum front setback for garages or carports shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

3. Rear setback: Ten (10) feet.

4. Garage setback: Eighteen (18) feet, with the following exceptions:
a. If paragraph 1.a or 1.b of this subsection D applies, then the garage shall be setback three (3) feet behind the front wall of the main structure. b. If the garage setback exemptions set forth in Section 17.32.070.A.3.a of this Title apply, the regulations of that section shall prevail.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); except that, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required 70 J.
to allow for development up to the maximum floor area ratio, as that ratio is determined by the building official; in such instance, no variance shall be required.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

2. Multiple-family development shall have the maximum floor area ratios:
a. Developments of three (3) to seven (7) units shall have a maximum floor area ratio of 1.0. b. Developments of eight (8) to ten (10) units shall have a maximum floor area ratio of 1.25. c. Developments of eleven (11) units or more shall have a maximum floor area ratio of 0.72; except that the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

2. For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (36) feet, but the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (36) feet from finish grade.

1. Front outside wall: Thirty percent (30%) articulation. 71 J.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3. Sites with Three (3) or More Units. Not less than ten percent (10%) of the lot area shall be improved with landscaping where three (3) or more dwelling units are located on the same site.

4. 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.

K. 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. 72 J.

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 3: Section 17.14.060 - Development Regulations for the NCRO-2 District, of Chapter 17.14 - NCRO Neighborhood Commercial District NCRO-1 Brisbane Village NCRO-2 Downtown Brisbane, 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; provided however, pursuant to State law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area.

B. Lot Dimensions. The minimum dimensions of any newly established lot in the NCRO-2 district shall be as follows:

Width Depth
25 feet No requirement
C. Density of Residential Use. Dwelling unit density in a mixed use shall be established by the use permit.

D. Setbacks. The minimum required setbacks for any lot in the NCRO-2 district, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: No requirement (0).

2. Side Setback: No requirement (0), except a ten (10) foot setback shall be required on the side setback where abutting any residential district.

3. Rear Setback: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot in the NCRO-2 district shall be ninety percent (90%) except that, pursuant to State law, the maximum lot coverage maximum shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this Chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required. 73 J.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (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.

H. Storefronts. All uses at street level facing Visitacion and/or San Bruno Avenues shall be storefronts, as defined in Section 17.02.746 of this title, except for entrances to uses above or behind the storefronts.

Such uses shall comply with the following additional requirements:

1. The minimum floor area for a storefront use is six hundred (600) square feet. The approving authority may approve a lesser floor area if the approving authority finds that such lesser area is as large as possible for the intended storefront use, given the size, configuration, and physical constraints of the structure and the site.

2. No off-street parking shall be located on any portion of the site between the curb line and the storefront.

3. New construction shall incorporate the necessary vents and chases into the building design so as to allow future changes in occupancy of the storefront area.

4. Single-family dwellings in which mixed uses are conducted shall have a storefront character as viewed from the street.

I. Passive Open Space. Usable passive open space shall be provided for residential uses of at least sixty (60) square feet per unit. Such passive open space may be provided as individual patios or decks, or as common patio or garden area, or any combination thereof. Notwithstanding that an attached or detached accessory dwelling unit greater than eight hundred (800) square feet is added to an existing residential use, there shall be no reduction in the amount of required usable passive open space for the other residential use. If an existing residential use has passive open space that does not conform to the sixty (60) square feet per unit requirement, the addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet to that use shall not further reduce the amount of passive open space. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) feet or less may result in a loss of the required usable passive open space for the other residential uses, including the loss of non-forming passive open space.

J. 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 74 J.
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 commercial or institutional buildings, residential buildings having five (5) or more living units, 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 any existing development 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. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.
*****
SECTION 4: 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; provided however, pursuant to State law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area.

B. Density of Development. The minimum lot area for each dwelling unit on a site shall be as follows:

1. Single-family dwellings: Seven thousand five hundred (7,500) square feet;

2. Duplex dwellings: Three thousand seven hundred fifty (3,750) square feet;

3. Multiple-family dwellings and dwelling groups: One thousand five hundred (1,500) square feet;

4. Mixed use or live/work development: Dwelling unit density shall be determined by the use permit.

5. Notwithstanding the minimum lot areas per dwelling unit in paragraphs 3 and 4 of this subsection B, pursuant to State law, a housing development project of three units on an existing legal lot of record shall not be denied solely on the basis that the lot area of that existing lot does not meet the minimum lot area per dwelling unit in paragraphs 3 and 4.

C. Lot Dimensions. The minimum dimensions of any lot shall be as follows:
75 J.

Width Depth
50 feet No requirement
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1. Front setback:
a. Residential/Mixed Use: Ten (10) feet;
b. Commercial Uses: Twenty-five (25) feet for commercial uses; c. Exception: The setbacks may be reduced to zero (0) 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: Five (5) feet;
b. Commercial Uses: Fifteen (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: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be seventy percent (70%); provided, however, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this Chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (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 district 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 district.

H. Open Space. Usable open space shall be provided for residential uses of at least sixty (60) square feet per unit. Such open space shall not be less than five (5) feet in any dimension and may be provided as individual patios or decks, or as common patio or garden area, or any combination thereof. 76 J.

Notwithstanding that an attached or detached accessory dwelling unit greater than eight hundred (800) square feet is added to an existing residential use, there shall be no reduction in the amount of required usable open space for the other residential use. If an existing residential use has open space that does not conform to the sixty (60) square feet per unit requirement, the addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet to that use shall not further reduce the amount of open space. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) feet or less may result in a loss of the required usable open space for the other residential uses, including the loss of non-conforming open space.

I. Landscaping Requirements.

1. Not less than ten percent (10%) of the lot area shall be improved with landscaping. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscape area. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

2. Plant materials shall be drought resistant and non-invasive as required by the planning director.

3. Landscaping required under this section, including replacement landscaping, shall be installed according to detailed plans approved by the planning director. The landscape plans shall be consistent with the following objectives:
a. Use of plants that are not invasive;
b. Use of water conserving plants; and
c. Use of plants and other landscape features that are appropriate to the context.

4. Irrigated Landscapes. New and rehabilitated, irrigated landscapes are subject to the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

J. Screening Requirements.

1. Outside storage of pallets or containers used for transportation and delivery of items related to the uses conducted on the site shall not be located in any required setback from a street and shall be screened from off-site view to the extent it is reasonable to do so.

2. The off-site visibility of exterior equipment such as heating and ventilation units, aboveground storage tanks, compactors and compressors, shall be mitigated through such measures as may be reasonable under the circumstances, including, but not limited to, the installation of screening, fencing, painting, or landscaping, or any combination of the foregoing.

3. The screening requirements set forth in subsections H.1. and H.2. of this section are not intended to be exclusive and the approving authority may require, as a condition of the use permit, such other and additional screening measures as it deems necessary or appropriate to mitigate any potential adverse visual and audible impacts created by the intended use. 77 J.

K. 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 should be detailed 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 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.

L. Emergency Shelters. Development standards for emergency shelters shall be the same as for residential development in the district, except density of development regulations, and emergency shelters that meet the following requirements are exempt from the requirement of a design permit and use permit:

1. No emergency shelter shall be allowed to be located within three hundred (300) feet of another emergency shelter.

2. The required setbacks for new development shall be:
a. Front setback: Ten (10) feet; except that the front setback may be reduced to zero (0) 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. b. Side setback: Five (5) feet; except that the planning commission may approve exceptions to the side setback regulations through the granting of a use permit. c. Rear setback: Ten (10) feet.

3. A maximum of twelve (12) persons (twelve (12) beds) to be served nightly.

4. Each resident shall be provided personal living space. 78 J.

5. Bathrooms and bathing facilities shall be provided, adequate for the number of residents.

6. Laundry facilities or services shall be provided on site, adequate for the number of residents.

7. The length of stay for individual clients shall not exceed six (6) months, or as allowed by state law.

8. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

9. For security, the facility shall provide outdoor lighting of common areas, entries, parking areas, pathways, in compliance with Section 17.16.050.E.

10. For security, the shelter shall be adequately staffed twenty-four (24) hours a day, seven (7) days a week.

11. Parking shall be as specified in Chapter 17.34.

12. Outdoor activities, such as recreation, eating, and staging for drop-off, intake, and pick-up, may be conducted at the facility, between the hours of five (5:00) a.m. and ten (10:00) p.m. A night operations use permit is required for outdoor activities between the hours of ten (10:00) p.m. and five (5:00) a.m., as provided for in Section 17.16.070.

13. The facility may provide the following:
a. Kitchen facilities;
b. Dining area;
c. Recreation room;
d. Training and counseling support services;
e. Child care facilities;
f. Other facilities or services that are accessory to an emergency shelter.

14. Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be provided to the planning director. The management plan must include provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, provisions for residents' meals (including special dietary needs), medical care, mental health care, dental care, temporary storage of residents' personal belongings, safety and security, provisions in case of area-wide emergencies, screening of residents to ensure compatibility with services provided at the facility, plans to help secure other provisions for those who may not be part of the shelter's target population, computer access for residents, and training, counseling and social service programs for residents, as applicable.

M. Mobile Home Parks.
79 J.

1. Mobile home parks in the SCRO-1 district shall be subject to the development and parking standards established in Chapter 17.11 of this title.

2. Conversion, closure, or cessation of a mobile home park in the SCRO-1 district shall be subject to the procedures established in Section 17.11.090 of this title. *****
SECTION 5: Section 17.27.050 - Development Regulations for the POAZ-2 District, of Chapter 17.27 - POAZ Parkside Overlay District, is amended to read as follows:

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

A. Lot Area. There is no minimum lot area.

B. Density of Development. The minimum development density for any site shall be twenty-four (24) dwelling units per acre and the maximum development density shall be twenty-eight (28) dwelling units per acre.

C. Lot Dimensions. There are no minimum lot dimensions.

D. Setbacks. The minimum required setbacks for any building shall be as follows:

1. Front: Five (5) feet minimum, twenty (20) feet maximum.

Any architectural projection (including lobbies, porches, stoops, canopies, and other entryrelated architectural features) may extend up to two (2) feet into the required front setback area.

2. Side: Five (5) feet minimum.

Upper floor second and third-story balconies may extend up to two (2) feet into the required side setback area.

3. Street Side: Ten (10) feet minimum and maximum.

4. Rear: Fifteen (15) feet minimum.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); provided, however, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this Chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F. Floor Area Ratio. There is no maximum floor area ratio.

G. Height.
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1. Buildings and Architectural Features. The maximum building height shall be forty (40) feet and three (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 ten (10) feet above the maximum building height.

2. Fences and Walls. Fences and walls in front yards shall be no more than three (3) feet in height from the adjacent sidewalk. Fences and walls in side yards shall not exceed six (6) feet in height. Deviations from the fence and wall heights shall require approval by the planning commission as set forth in Section 17.32.050.B.5. of this title.

H. Landscaping Requirements. Not less than twenty percent (20%) of the lot area shall be landscaped.

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. Landscaping shall conform to the development standards established in Section 3.5 of the Parkside Precise Plan. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscaping area. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

I. Open Area Requirements. At least one hundred (100) square feet of open area per dwelling unit shall be provided. The open area may be met through a combination of common or private open areas provided on-site. Open areas shall be usable and shall support residents' passive and/or active use. The computation of open areas may include amenities and structures designed to enhance usability, such as swimming pools, rooftop gardens or decks, fountains, planters, benches, and usable landscaping. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required open areas. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required open area.

J. Building Design. All buildings shall substantially comply with the building design standards established in Section 3.3 of the Parkside Precise Plan. Projects that do not comply with those building design standards shall be subject to design review as set forth in Section 17.27.060B., in addition to any other discretionary review required by the specific deviations.

K. Site Design. All projects shall substantially comply with the site design standards established in Section 3.4 of the Parkside Precise Plan. Projects that do not comply with those site design standards shall be subject to design review as set forth in Section 17.27.060.B., in addition to any other discretionary review required by the specific deviations.

L. Parking. Required on-site parking and additional guest parking shall be as established in Section

17.34.020 of this title for multiple-family developments and accessory dwelling units.

1. Design Requirements. Off-street parking facilities shall comply with the design standards as set forth in Table 1, which appears immediately following this section.

2. Short-term and long-term parking for bicycles in the PAOZ-2 district shall be provided as follows: Long-Term: 1/10 units; Short-Term: 1/20 units. Bicycle parking design shall conform to the standards established in Section 3.4 of the Parkside Precise Plan. 81 J.

M. Recycling Area Requirements.

2. These requirements 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. These requirements shall also apply to existing development project for which building permit applications are submitted within a twelve-month period that collectively add thirty percent (30%) or more to the existing floor area of the development project. *****
SECTION 6: Section 17.32.055 - Exceptions—Lot area, lot dimensions and lot lines, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

A. Limitations on Substandard Lots.

1. R-1, R-2 and R-3 Districts:
a. A substandard lot of record, less than five thousand (5,000) square feet in area, shall be considered conforming for a single-family dwelling, if the lot was not owned in common with contiguous property in the same district on October 27, 1969. b. 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.
c. Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Chapter 16.12.

2. Districts where multifamily or mixed-use development is permitted: A legal lot of record that does not meet the District minimum lot size may be developed as a housing development project as provided in the applicable District regulations and Government Code Section 65913.11.

3. All Districts:
a. In any District, a substandard lot may be developed under the exceptions provided in the applicable District regulations.
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b. 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.

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 District lot area and dimension requirements, subject to the requirements of the Twounit Development Residential Overlay District, as set forth in Chapter 17.05.

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.

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. *****
SECTION 7: Section 17.32.060 - Exceptions – Height Limit, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A, B and C, no change.)
D. Exceptions to the height limit to accommodate accessibility improvements (such as elevators) may be permitted pursuant to Section 17.32.080 of this Chapter. 83 J.
*****
SECTION 8: Section 17.32.070 - Exceptions – Setback requirements, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A.1.a, A.1.b, A.1.c, A.1.d and A.1.e, no change.) A.1.f. Accessibility Improvements (such as ramps). Exceptions to the setbacks to accommodate accessibility Improvements may be permitted pursuant to Section 17.32.080 of this Chapter. (Subsections A.2, A.3 and A.4, no change.)
(Subsections B and C, no change.)
*****
SECTION 9: Section 17.32.080 - Requests for reasonable accommodations, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

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

1. The exception is necessary for current or future accessibility to the property or building by persons with disabilities and such accessibility cannot be addressed within either the applicable zoning district height limits or setbacks, or through other exceptions provided in this Title.

3. The development was completed, including a final inspection, three or more years prior to the application for reasonable accommodation. Otherwise, the application for reasonable accommodation shall be considered as being for new development.

B. New Development: Modifications or exceptions to the regulations set forth in Title 17 that are not otherwise addressed may be granted as reasonable accommodations for residential and nonresidential development, when designed for, intended for occupancy by, or with supportive services for, persons with disabilities. 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:
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2. The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.
*****
SECTION 10: 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 11: This Ordinance shall be in full force and effect thirty days after its passage and adoption. _____________________________
Cliff Lentz, 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
85 J.

ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________ City Clerk City Attorney
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Redlined Draft Ordinance
as compared to that provided to City Council on 4/3/24
(Zoning Text Amendment 2024-RZ-2)
DRAFT ORDINANCE NO.___

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BRISBANE MUNICIPAL CODE TITLE 17 – TO AMEND THE DEVELOPMENT STANDARDS FOR

SECTION 1: 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:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B. of this Section 17.08.040.

C. Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

Width Depth
50 feet 100 feet
Attachment 2
87 J.

D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

3. Rear setback: Ten (10) feet.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

2. Multiple-family development shall have the following maximum floor area ratios:
a. Developments of three (3) or moreto seven (7) units shall have a maximum floor area ratio of

1.0. 1.25.
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b. Developments of eight (8) to ten (10) units shall have a maximum floor area ratio of 1.25. c. Developments of eleven (11) units or more shall have a maximum floor area ratio of 0.72; except that the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G. and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

1. Front outside wall: Thirty percent (30%) articulation.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

Commented [JK1]: For 3 to 7 and 8 to 10, these FARs
represent the minimum for compliance with SB 478. No
FAR exceptions for garage space is included.

Commented [JK2]: For 11 units or more, there is no
change from the current BMC.
89 J.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

K. Recycling Area Requirements:

The following development regulations shall apply to any lot in the R-3 district:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B of this section.

3. Notwithstanding the minimum lot area in paragraph 1 of this subsection A, pursuant to State law, a housing development project of three (3) units, proposed on an existing legal lot of 90 J.
record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area in paragraph 1.

C. Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

Width Depth
50 feet 100 feet
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

3. Rear setback: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); except that, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required to allow for development up to the maximum floor area ratio, as that ratio is determined by the building official; in such instance, no variance shall be required.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

2. Multiple-family development shall have the maximum floor area ratios:
a. Developments of three (3) or moreto seven (7) units shall have a maximum floor area ratio of

1.0.1.25. b. Developments of eight (8) to ten (10) units shall have a maximum floor area ratio of 1.25. a.c. Developments of eleven (11) units or more shall have a maximum floor area ratio of 0.72; except that the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

2. For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (36) feet, but the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (36) feet from finish grade.
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1. Front outside wall: Thirty percent (30%) articulation.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3. Sites with Three (3) or More Units. Not less than ten percent (10%) of the lot area shall be improved with landscaping where three (3) or more dwelling units are located on the same site.

K. 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 93 J.
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 3: Section 17.14.060 - Development Regulations for the NCRO-2 District, of Chapter 17.14 - NCRO Neighborhood Commercial District NCRO-1 Brisbane Village NCRO-2 Downtown Brisbane, is amended to read as follows:

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

B. Lot Dimensions. The minimum dimensions of any newly established lot in the NCRO-2 district shall be as follows:

Width Depth
25 feet No requirement

C. Density of Residential Use. Dwelling unit density in a mixed use shall be established by the use permit.

D. Setbacks. The minimum required setbacks for any lot in the NCRO-2 district, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: No requirement (0).

2. Side Setback: No requirement (0), except a ten (10) foot setback shall be required on the side setback where abutting any residential district.

3. Rear Setback: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot in the NCRO-2 district shall be ninety percent (90%) except that, pursuant to State law, the maximum lot coverage maximum shall not preclude 94 J.
a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets the requirements of this Chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (36) feet.

Such uses shall comply with the following additional requirements:

2. No off-street parking shall be located on any portion of the site between the curb line and the storefront.

3. New construction shall incorporate the necessary vents and chases into the building design so as to allow future changes in occupancy of the storefront area.

4. Single-family dwellings in which mixed uses are conducted shall have a storefront character as viewed from the street.

J. Recycling Area Requirements.
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Development regulations in the Southwest Bayshore district are as follows:

A. Lot Area.

B. Density of Development. The minimum lot area for each dwelling unit on a site shall be as follows:

1. Single-family dwellings: Seven thousand five hundred (7,500) square feet;

2. Duplex dwellings: Three thousand seven hundred fifty (3,750) square feet;

3. Multiple-family dwellings and dwelling groups: One thousand five hundred (1,500) square feet;

4. Mixed use or live/work development: Dwelling unit density shall be determined by the use permit.

5. Notwithstanding the minimum lot areas per dwelling unit in paragraphs 3 and 4 of this subsection B, pursuant to State law, a housing development project of three units on an existing 96 J.
legal lot of record shall not be denied solely on the basis that the lot area of that existing lot does not meet the minimum lot area per dwelling unit in paragraphs 3 and 4.

C. Lot Dimensions. The minimum dimensions of any lot shall be as follows:

Width Depth
50 feet No requirement

D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

3. Rear setback: Ten (10) feet.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (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 district 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 district. 97 J.

I. Landscaping Requirements.

2. Plant materials shall be drought resistant and non-invasive as required by the planning director.

J. Screening Requirements.

K. 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 should be detailed 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 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.

1. No emergency shelter shall be allowed to be located within three hundred (300) feet of another emergency shelter.

3. A maximum of twelve (12) persons (twelve (12) beds) to be served nightly.

4. Each resident shall be provided personal living space.

5. Bathrooms and bathing facilities shall be provided, adequate for the number of residents.

6. Laundry facilities or services shall be provided on site, adequate for the number of residents.

7. The length of stay for individual clients shall not exceed six (6) months, or as allowed by state law.

8. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

9. For security, the facility shall provide outdoor lighting of common areas, entries, parking areas, pathways, in compliance with Section 17.16.050.E.

10. For security, the shelter shall be adequately staffed twenty-four (24) hours a day, seven (7) days a week.

11. Parking shall be as specified in Chapter 17.34.

14. Prior to commencing operation, the emergency shelter provider must have a written management plan, which shall be provided to the planning director. The management plan must include provisions for staff training, resident identification process, neighborhood outreach, policies regarding pets, the timing and placement of outdoor activities, provisions for residents' meals (including special dietary needs), medical care, mental health care, dental care, temporary storage of residents' personal belongings, safety and security, provisions in case of area-wide emergencies, screening of residents to ensure compatibility with services provided at the facility, plans to help secure other provisions for those who may not be part of the shelter's 100
J.
target population, computer access for residents, and training, counseling and social service programs for residents, as applicable.

M. Mobile Home Parks.

1. Mobile home parks in the SCRO-1 district shall be subject to the development and parking standards established in Chapter 17.11 of this title.

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

A. Lot Area. There is no minimum lot area.

C. Lot Dimensions. There are no minimum lot dimensions.

D. Setbacks. The minimum required setbacks for any building shall be as follows:

1. Front: Five (5) feet minimum, twenty (20) feet maximum.

Any architectural projection (including lobbies, porches, stoops, canopies, and other entryrelated architectural features) may extend up to two (2) feet into the required front setback area.

2. Side: Five (5) feet minimum.

Upper floor second and third-story balconies may extend up to two (2) feet into the required side setback area.

3. Street Side: Ten (10) feet minimum and maximum.

4. Rear: Fifteen (15) feet minimum.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); provided, however, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units that otherwise meets 101
J.
the requirements of this Chapter and Government Code Section 65913.11, as such requirements are determined by the building official; in such instance, no variance shall be required.

F. Floor Area Ratio. There is no maximum floor area ratio.

G. Height.

H. Landscaping Requirements. Not less than twenty percent (20%) of the lot area shall be landscaped.

L. Parking. Required on-site parking and additional guest parking shall be as established in Section

17.34.020 of this title for multiple-family developments and accessory dwelling units.

1. Design Requirements. Off-street parking facilities shall comply with the design standards as set forth in Table 1, which appears immediately following this section.

M. Recycling Area Requirements.

A. Limitations on Substandard Lots.

3. All Districts:
a. In any District, a substandard lot may be developed under the exceptions provided in the applicable District regulations.
b. 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.

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.

SECTION 7: Section 17.32.060 - Exceptions – Height Limit, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A, B and C, no change.)
D. Exceptions to the height limit to accommodate accessibility improvements (such as elevators) may be permitted pursuant to Section 17.32.080 of this Chapter. *****
SECTION 8: Section 17.32.070 - Exceptions – Setback requirements, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A.1.a, A.1.b, A.1.c, A.1.d and A.1.e, no change.) A.1.f. Accessibility Improvements (such as ramps). Exceptions to the setbacks to accommodate accessibility Improvements may be permitted pursuant to Section 17.32.080 of this Chapter. (Subsections A.2, A.3 and A.4, no change.)
(Subsections B and C, no change.)
*****
SECTION 9: Section 17.32.080 - Requests for reasonable accommodations, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

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

A.1.The exception is necessary for current or future accessibility to the property or building by persons with disabilities and such accessibility cannot be addressed within either the applicable zoning district height limits or setbacks, or through other exceptions provided in this Title.

Formatted: Numbered + Level: 1 + Numbering Style: 1,
2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
Formatted: Numbered + Level: 1 + Numbering Style: 1,
2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
105
J.

1.2.The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.
*****
SECTION 10: 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 11: This Ordinance shall be in full force and effect thirty days after its passage and adoption. _____________________________
Cliff Lentz, Mayor
* * *
Commented [JK3]: For new developments this is the
same procedure as currently provided in BMC Section

17.32.080.
106
J.

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
107
J.

Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow

CITY COUNCIL AGENDA REPORT
Meeting Date: April 3, 2025
From: John Swiecki, Community Development Director
Subject: Zoning Text Amendment Application 2024-RZ-2 – zoning text amendment 2024-RZ-2 amending regulations within Title 17 of the Brisbane Municipal Code including the development standards for multifamily and mixed-use zoning districts and the exceptionsto the lot size standards, consistent with California Senate Bill SB 478 (2021) and the 2023-2031 Housing Element; and to amend the reasonable accommodations exceptions consistent with the Housing Element; and finding that this amendment is exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and Section 15183; City of Brisbane, applicant.

SUPPLEMENTAL REPORT

BACKGROUND
This matter was continued from the City Council meeting of October 17, 2024. At that meeting, Council raised concerns about the broad proposed ordinance scope and content, especially those provisions related to permitting procedural changes, and continued the item. The ordinance now under consideration has been greatly reduced in scope from the October 2024 version.

Specifically, the proposed amendment is limited to those revisions required to comply with the City’s Housing Element and bring the City’s ordinance into compliance with CA Senate Bill SB 478 (2021), “Housing Opportunity Act”, as described further below and in Attachment A. All other proposed revisions from the October 2024 draft ordinance not driven by state law or housing element compliance have been removed from the proposed ordinance.

RECOMMENDATION
Introduce the ordinance amending the zoning text to modify the development provisions within the multifamily districts to comply with SB 478 and Housing Element Program 2.A.12 and the permitting provisions for reasonable accommodation for people with disabilities, as provided in Attachment A.

DISCUSSION
As indicated above, this item was continued from City’s Council’s October 17, 2024 meeting.

The October 2024 draft ordinance was intended to address numerous issues falling into 3 basic categories, as follows:
a. Bringing the City’s zoning ordinance into compliance with SB 478, codified as Government Code Section 65913.11, which requires cities to allow minimum floor area ratios (FARs) for housing development projects in the range of 3 to 10 units. This would Attachment 3
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow be accomplished by amending the development standards in the zoning districts that permit multifamily residential uses, including mixed use. b. Implementing two provisions of the City’s adopted Housing Element. The first is raising the building height maximums to 36 feet to more readily allow for 3 story buildings in the districts that permit multifamily development (Program 2.A.12). The affected districts are the R-2 and R-3 Residential Districts and the SCRO-1 and NCRO-2 mixed use districts. The PAOZ-1 and PAOZ-2 residential overlay districts are not affected since the height maximums already exceed 36 ft. The second Housing Element-related amendment addresses reasonable accommodations for those with disabilities in the height and setback exceptions to the district regulations, consistent with certain Housing Element goals, and a policy and program, as further described at the end of this report.
c. Incorporating procedural and organizational revisions to BMC Title 17 for consistency, efficiency and clarity. These included organizational updates, amendments to the procedures for setback and height exceptions, along with some specific updates to the exceptions, zoning administrator procedures and appeals.

As noted previously, the updated ordinance focuses on housing Element and state law compliance, and does not include items discussed above in section c. The draft ordinance is provided (Attachment A) and a redlined version, as compared to the current Brisbane Municipal Code (BMC), is also provided (Attachment B). The October 2024 ordinance and City Council report are also attached for reference (Attachment C), which includes those items discussed above in section c.

SB 478 Compliance: State Senate Bill SB 478 was adopted in 2021 and became effective statewide on January 1, 2022. Its focus is to provide greater opportunities for development of small apartment buildings in the range of 3 to 10 housing units in districts already zoned for multi-family development, by establishing minimum building floor area to lot size ratios, known as floor area ratios (FARs).

SB 478 is codified as Government Code Section 65913.11 and requires an FAR of 1.0 for projects between 3 and 7 units and an FAR of 1.25 for projects between 8 and 10 units. It also includes provisions that prohibits cities from imposing lot coverage limits that would prevent the multifamily development from achieving those FARs. State law further precludes denial of a development on a legal lot of record solely on the basis that the lot does not comply with the district’s current lot size minimum.

The R-2 and R-3 residential zoning districts accommodate multifamily developments. Both districts have an FAR of 0.72 and therefore need to be amended to comply with statemandated FARs Other districts that are zoned for multifamily residential or mixed use development (NCRO-2, SCRO-1, PAOZ-1 and PAOZ-2) do not have FAR limits and so the FARs do 109
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow not need to be amended, although cross references to state law have been added where necessary to ensure that lot coverage standards do not have the unintended consequence of restricting FAR to less than what is allowed by state law. Note that the provisions of SB 478 do not apply to the R-1 and R-BA Residential districts, since these are single family districts, nor do they apply to the Northeast Ridge as a PD planned development district.

In general, FAR as a development standard influences total permitted building area on a lot which has implications on overall bulk and mass. Theoretically a larger FAR will allow more building area on a given lot. For example, here are generalized development scenarios for a 10,000 square foot lot under various FARs:

FAR 0.50 1.0 1.5
Building Area 5,000 sq ft 10,000 sq ft 15,000 sq ft
FAR by itself does not control building size, or bulk and mass. Setbacks, height limits, lot coverage limits, and parking all influence a development’s bulk and mass.

SB 478 regulates FAR based on the number of units within a project, which is a substantial departure from the City’s approach, which applies development standards uniformly within a given zoning district, irrespective of the size of the project.

More specifically to the R-2 and R-3 zoning districts, staff has provided tables below showing theoretical buildout examples comparing:
1) Current zoning (noncompliant with SB 478)
2) SB 478 provisions
3) SB 478 compliance ordinance as recommended by the Planning Commission.

Note that these theoretical examples are worst-case and do not reflect the other development standards that may impact total building size.

There are 2 main differences between SB 478 and the Planning Commission recommended version of the draft ordinance. While the current R-2 and R-3 FAR is 0.72, the existing ordinance also includes a covered parking exemption for required parking up to 400 square feet per unit. For one- and two-bedroom units, as used in the examples, the covered parking requirement is 1 space per unit (200 square feet). This exemption effectively increases the FAR maximum to a range of 0.88 to 0.96 for the two districts for the current BMC examples. The Planning Commission recommended ordinance eliminates the covered parking exemption which offsets to some extent the implications of increasing FAR as required.

The Planning Commission also recommended a uniform FAR of 1.25 within the R-2 and R-3 zones for all multifamily developments of 3 or more units. This would be consistent with the City’s regulatory approach as discussed above, which applies development standards uniformly within a given zoning district, not based on project size. 110
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow R-2 Residential District
Examples of Buildout Potential,
Number of Units and Total Floor Areas
Lot Size
(sq ft)
Current BMC
(FAR of 0.72, including
covered parking exceptions)**
SB 478 Compliant
(FAR of 1.0 for 3 to 7 units &

1.25 for 8 to 10 units; no
change to existing parking
exceptions)**
SB 478 Compliant - PC
Recommended
(FAR of 1.25 for 3 units or
more; eliminating multifamily
parking exceptions)***
Units Floor Area
(sq ft)
Units Floor Area
(sq ft)
Units Floor Area
(sq ft)
2,500 1 2,000 3* 3,100 3* 3,125
5,000 2 4,000 3* 5,600 3* 6,250
7,500 3 6,000 3 8,100 3 9,375
10,000 4 8,000 4 10,800 4 12,500
20,000 8 16,000 8 26,600 8 25,000
Notes:
*The R-2 Residential district density standard of 1 housing unit per 2,500 sq ft of land area, except that for SB 478 compliant examples any lot size on an established legal lot the City shall allow at least 3 units. **For the purposes of calculation of the required parking area, 1 to 2 bedrooms are assumed (1 covered space per unit). ***SB 478 compliant examples do not include an exception for garage space, as is included in the Current BMC for residential development.

R-3 Residential District
Examples of Buildout Potential,
Number of Units and Total Floor Areas
Lot Size
(sq ft)
Current BMC
(FAR of 0.72, plus covered
parking exceptions)**
SB 478 Compliant
(FAR of 1.0 for 3 to 7 units &

1.25 for 8 to 10 units; no
change to existing parking
exceptions)**
SB 478 Compliant - PC
Recommended
(FAR of 1.25 for 3 units or more;
eliminating multifamily parking
exceptions)***
Units Floor Area
(sq ft)
Units Floor Area
(sq ft)
Units Floor Area
(sq ft)
2,500 1 2,000 3* 3,100 3* 3,125
5,000 3 4,200 3 5,600 3 6,250
7,500 5 6,400 5 8,500 5 9,375
10,000 6 8,400 6 11,200 6 12,500
12,000 8 10,240 8 16,600 8 15,000
Notes:
*The R-3 Residential district density standard is 1 housing unit per 1,500 sq ft of land area, except that for SB 478 compliant examples any lot size on an established legal lot the City shall allow at least 3 units. **For the purposes of calculation of the required parking area, 1 to 2 bedrooms are assumed (1 covered space per unit). ***SB 478 compliant PC recommended examples do not include an exception for garage space, as is included in the Current BMC for residential development.
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow As indicated above, SB 478 also includes a provision which prohibits a city from denying a housing development project of at least 3 units on a legally established lot that does not meet the City’s current standards for lot area. The current standard for lot area in both the R-2 and R-3 districts is 5,000 sq ft (50 ft by 100 feet); however, through the City’s original 1906 subdivision map there were many lots that were established as small as 2,500 sq ft and are recognized as legal lots. While the City has recognized these existing smaller lots as conforming for a single-family dwelling, by state law they must now be permitted to be developed with at least 3 units. In effect, while the density of development does not change on larger lots, by state law it does change for small lots that would not normally meet the size minimum for 3 units.

Housing Element Programs: The amendment to the permitted height to 36 feet in the R-2, R-3, NCRO-2 and SCRO-1 would specifically address Program 2.A.12. The PAOZ-1 and PAOZ-2 limits already exceed 36 feet and so those height limits would not be amended. The Planning Commission originally recommended the 36-foot height limit be extended to the R-BA and R-1 zones as well, for consistency and equity reasons. However, this is not required for Housing Element compliance and the height amendment to the R-BA and R-1 has been deleted from the ordinance now proposed for consideration.

Also, the Planning Commission’s recommendation for amendment to the reasonable accommodation provisions is aimed at accommodating people with existing disabilities and allowing for aging in place, consistent with the following Housing Element goals, policy and program.
• Goal 4: Protect residents from displacement.
• Goal 7: Avoid unreasonable government constraints to the provision of housing. o Policy 7.A: Improve the development review and approval process. ▪ Program 7.A.3: Continue to allow ministerial approval by the Community Development Director, subject to a minimal fee, of exceptions to the Zoning Ordinance for reasonable accommodation for housing for persons with disabilities per Government Code Section 65583(c)(3).

The program indicates that the City will continue to allow ministerial approval of reasonable accommodation applications. However, Brisbane’s process requires a Zoning Administrator public hearing, as a discretionary act. Also, the Government Code section cited in the program specifically calls for removing governmental constraints to the provision of housing for those with disabilities.

The amendment would allow for ministerial approval of reasonable accommodation features, via building permit, where reasonable accommodation could not otherwise be met through the development regulations or other exceptions. These may include, but is not limited to, such things as a wheelchair ramp in the setback or an elevator over the district’s height limit. Also, these features may be permitted and then installed prospectively, before the accessibility 112
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow feature is needed for a specific person, with the aim of allowing for people to age in place or for easing the burden and process for those who may already have an accessibility need.

Currently, reasonable accommodation permits are specific to a particular person’s existing need and subject to zoning administrator approval following a public hearing.

Lot Size Exceptions: Finally, Brisbane Municipal Code Section 17.32.055 contains exceptions to lot size requirements. The section is proposed to be updated for consistency with SB 478 provisions regarding lot sizes contained in Government Code Section 65913.11. Also, at the City Council’s meeting in October, questions were raised about the meaning of existing provisions regarding lots of less than 5,000 sq ft, which pertains to the R-1, R-2 and R-3 Residential districts, and that has been edited for clarity. A cross reference to urban lot split provisions in the recently adopted BMC Chapter 17.05 has also been added. ____________________________________ _____________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager Attachments:

A. Draft Ordinance 2024-RZ-2
B. Redlined Draft Ordinance 2024-RZ-2
C. October 17, 2024 agenda report (weblink): MEET-Packet0f01a523d0d74ef893c17a083daadd3e.pdf and D. October 17, 2024 minutes (weblink): 43171
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ATTACHMENT A
Draft Ordinance
(Zoning Text Amendment 2024-RZ-2)
DRAFT ORDINANCE NO.___

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BRISBANE MUNICIPAL CODE TITLE 17 – TO AMEND THE DEVELOPMENT STANDARDS FOR

SECTION 1: 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:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B. of this Section 17.08.040.

C. Lot Dimensions. The minimum dimensions for any new lot shall be as follows:

Width Depth
50 feet 100 feet
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D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

3. Rear setback: Ten (10) feet.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

2. Multiple-family development of three (3) or more units shall have a maximum floor area ratio of 1.25.
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G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G. and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

1. Front outside wall: Thirty percent (30%) articulation.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

K. Recycling Area Requirements:

The following development regulations shall apply to any lot in the R-3 district:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B of this section.

C. Lot Dimensions. The minimum dimensions for any new lot shall be as follows:
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Width Depth
50 feet 100 feet
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

3. Rear setback: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); except that, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required to allow for development up to the maximum floor area ratio, as that ratio is determined by the building official; in such instance, no variance shall be required.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be as follows:

1. Single family dwellings, duplexes and two-unit dwelling groups shall have a maximum floor area ratio of 0.72, with the following exceptions:
a. In the case of single-family dwellings, where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate 118
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a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet. b. In the case of duplexes and two-unit dwelling groups, the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

2. Multiple-family development of three (3) or more units shall have a maximum floor area ratio of 1.25.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G and in Section 17.32.060, the maximum height of any structure shall be thirty-six (36) feet.

2. For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (36) feet, but the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (36) feet from finish grade.

1. Front outside wall: Thirty percent (30%) articulation.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.
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1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3. Sites with Three (3) or More Units. Not less than ten percent (10%) of the lot area shall be improved with landscaping where three (3) or more dwelling units are located on the same site.

K. Refuse and Recycling Area Requirements.

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 3: Section 17.14.060 - Development Regulations for the NCRO-2 District, of Chapter 17.14 - NCRO Neighborhood Commercial District NCRO-1 Brisbane Village NCRO-2 Downtown Brisbane, is amended to read as follows:
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Development regulations for the NCRO-2 district are as follows:

B. Lot Dimensions. The minimum dimensions of any newly established lot in the NCRO-2 district shall be as follows:

Width Depth
25 feet No requirement
C. Density of Residential Use. Dwelling unit density in a mixed use shall be established by the use permit.

D. Setbacks. The minimum required setbacks for any lot in the NCRO-2 district, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: No requirement (0).

2. Side Setback: No requirement (0), except a ten (10) foot setback shall be required on the side setback where abutting any residential district.

3. Rear Setback: Ten (10) feet.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (36) feet.

Such uses shall comply with the following additional requirements:
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2. No off-street parking shall be located on any portion of the site between the curb line and the storefront.

3. New construction shall incorporate the necessary vents and chases into the building design so as to allow future changes in occupancy of the storefront area.

4. Single-family dwellings in which mixed uses are conducted shall have a storefront character as viewed from the street.

J. Recycling Area Requirements.

2. This requirement shall apply to all new commercial or institutional buildings, residential buildings having five (5) or more living units, 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 any existing development 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. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.
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*****
SECTION 4: 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.

B. Density of Development. The minimum lot area for each dwelling unit on a site shall be as follows:

1. Single-family dwellings: Seven thousand five hundred (7,500) square feet;

2. Duplex dwellings: Three thousand seven hundred fifty (3,750) square feet;

3. Multiple-family dwellings and dwelling groups: One thousand five hundred (1,500) square feet;

4. Mixed use or live/work development: Dwelling unit density shall be determined by the use permit.

C. Lot Dimensions. The minimum dimensions of any lot shall be as follows:

Width Depth
50 feet No requirement
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1. Front setback:
a. Residential/Mixed Use: Ten (10) feet;
b. Commercial Uses: Twenty-five (25) feet for commercial uses; 123
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c. Exception: The setbacks may be reduced to zero (0) 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.

3. Rear setback: Ten (10) feet.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (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 district 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 district.

I. Landscaping Requirements.

1. Not less than ten percent (10%) of the lot area shall be improved with landscaping. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscape area. The addition of an attached 124
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or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

2. Plant materials shall be drought resistant and non-invasive as required by the planning director.

J. Screening Requirements.

K. 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 should be detailed 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 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. 125
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1. No emergency shelter shall be allowed to be located within three hundred (300) feet of another emergency shelter.

3. A maximum of twelve (12) persons (twelve (12) beds) to be served nightly.

4. Each resident shall be provided personal living space.

5. Bathrooms and bathing facilities shall be provided, adequate for the number of residents.

6. Laundry facilities or services shall be provided on site, adequate for the number of residents.

7. The length of stay for individual clients shall not exceed six (6) months, or as allowed by state law.

8. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

9. For security, the facility shall provide outdoor lighting of common areas, entries, parking areas, pathways, in compliance with Section 17.16.050.E.

10. For security, the shelter shall be adequately staffed twenty-four (24) hours a day, seven (7) days a week.
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11. Parking shall be as specified in Chapter 17.34.

M. Mobile Home Parks.

1. Mobile home parks in the SCRO-1 district shall be subject to the development and parking standards established in Chapter 17.11 of this title.

Development regulations for the PAOZ-2 district are as follows:
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A. Lot Area. There is no minimum lot area.

C. Lot Dimensions. There are no minimum lot dimensions.

D. Setbacks. The minimum required setbacks for any building shall be as follows:

1. Front: Five (5) feet minimum, twenty (20) feet maximum.

Any architectural projection (including lobbies, porches, stoops, canopies, and other entryrelated architectural features) may extend up to two (2) feet into the required front setback area.

2. Side: Five (5) feet minimum.

Upper floor second and third-story balconies may extend up to two (2) feet into the required side setback area.

3. Street Side: Ten (10) feet minimum and maximum.

4. Rear: Fifteen (15) feet minimum.

F. Floor Area Ratio. There is no maximum floor area ratio.

G. Height.

H. Landscaping Requirements. Not less than twenty percent (20%) of the lot area shall be landscaped.

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. Landscaping shall conform to the development standards established in Section 3.5 128
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of the Parkside Precise Plan. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscaping area. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

L. Parking. Required on-site parking and additional guest parking shall be as established in Section

17.34.020 of this title for multiple-family developments and accessory dwelling units.

1. Design Requirements. Off-street parking facilities shall comply with the design standards as set forth in Table 1, which appears immediately following this section.

M. Recycling Area Requirements.

2. These requirements 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. These 129
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requirements shall also apply to existing development project for which building permit applications are submitted within a twelve-month period that collectively add thirty percent (30%) or more to the existing floor area of the development project. *****
SECTION 6: Section 17.32.055 - Exceptions—Lot area, lot dimensions and lot lines, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

A. Limitations on Substandard Lots.

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. 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. *****
SECTION 7: Section 17.32.060 - Exceptions – Height Limit, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A, B and C, no change.)
D. Exceptions to the height limit to accommodate accessibility improvements (such as elevators) may be permitted pursuant to Section 17.32.080 of this Chapter. *****
SECTION 8: Section 17.32.070 - Exceptions – Setback requirements, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A.1.a, A.1.b, A.1.c, A.1.d and A.1.e, no change.) A.1.f. Accessibility Improvements (such as ramps). Exceptions to the setbacks to accommodate accessibility Improvements may be permitted pursuant to Section 17.32.080 of this Chapter. (Subsections A.2, A.3 and A.4, no change.)
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(Subsections B and C, no change.)
*****
SECTION 9: Section 17.32.080 - Requests for reasonable accommodations, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

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

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

B. The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.
*****
SECTION 10: 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 11: This Ordinance shall be in full force and effect thirty days after its passage and adoption. _____________________________
Cliff Lentz, Mayor
* * *
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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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ATTACHMENT B
Redlined Draft Ordinance
(Zoning Text Amendment 2024-RZ-2)
SECTION 1: 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:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B. of this Section 17.08.040.

B. Density of Development. The minimum lot area for each dwelling unit on the site shall be two thousand five hundred (2,500) square feet; provided, however, a lot having an area of four thousand nine hundred fifty (4,950) square feet or greater shall be considered conforming for a development density of two (2) units, and further provided that pursuant to State law, a housing development project of three units proposed on an existing legal lot of record shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area for each dwelling unit.

C. Lot Dimensions. The minimum dimensions of for any new lot shall be as follows:

Width Depth
50 feet 100 feet
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: Fifteen (15) feet, with the following exceptions:
a. Where the lot has a slope of fifteen percent (15%) or greater, the minimum front setback may be reduced to ten (10) feet.
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b. Where fifty percent (50%) or more of the lots of record in a block have been improved with single-family dwellings, the minimum front setback may be the average distance of the front outside wall of the single-family structures from the front lot line, if less than fifteen (15) feet. Notwithstanding the foregoing, the minimum front setback for garages or carports shall be ten (10) feet, except where a lesser distance is determined by the city engineer to be safe in terms of pedestrian and vehicular traffic.

3. Rear setback: Ten (10) feet.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be 0.72, subject to the following exclusions as follows:

1. Single family dwellings, duplexes and two-unit dwelling groups shall have a maximum floor area ratio of 0.72, with the following exceptions:
a. In the case of single-family dwellings, where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet. b. In the case of duplexes and two-unit dwelling groups and multiple-family dwellings, the area of all covered parking spaces required to be provided for the site shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

2. Multiple-family development of three (3) or more units shall have a maximum floor area ratio of 1.25.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G. and in Section 17.32.060, the maximum height of any structure shall be as follows: thirty-six (36) feet. a. Twenty-eight (28) feet, for lots having a slope of less than twenty percent (20%); or 135
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b. Thirty (30) feet, for lots having a slope of twenty percent (20%) or more.

2. For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a A garage or carport in compliance with this subsection may exceed a height of thirty-six (30 36) feet, but and the height of any permitted living area underneath the garage or carport shall not exceed thirty-six (30 36) feet from finish grade.

1. Front outside wall: Thirty percent (30%) articulation.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater.

2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

K. Recycling Area Requirements:
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The following development regulations shall apply to any lot in the R-3 district:

A. Lot Area.

1. The minimum area of any lot shall be five thousand (5,000) square feet, except as otherwise provided in subsection B of this section.

1. B. Density of Development. The minimum lot area for each dwelling unit on the site shall be one thousand five hundred (1,500) square feet; provided, however, a lot having an area of four thousand nine hundred fifty (4,950) square feet or greater shall be considered conforming for a development density of three (3) units, and further provided that pursuant to State law a housing development project of three (3) units proposed on an existing legal lot of record shall not be denied solely on the basis that the lot area of that existing lot does not meet the minimum lot area for each dwelling unit.

C. Lot Dimensions. The minimum dimensions of for any new lot shall be as follows:

Width Depth
50 feet 100 feet
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D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

3. Rear setback: Ten (10) feet.

E. Lot Coverage. The maximum coverage by all structures on any lot shall be sixty percent (60%); except that, pursuant to State law, the maximum lot coverage shall not preclude a housing development project of at least three (3) units but not more than ten (10) units, if exceeding the maximum coverage is required to allow for development up to the maximum floor area ratio , as that ratio is determined by the building official; in such instance, no variance shall be required.

F. Floor Area Ratio. The maximum floor area ratio for all buildings on a lot shall be 0.72, subject to the following exclusions as follows:

1. Single family dwellings, duplexes and two-unit dwelling groups shall have a maximum floor area ratio of 0.72, with the following exceptions:
a. In the case of single-family dwellings, where the size of the lot is three thousand seven hundred (3,700) square feet or less, one covered parking space designed to accommodate a full-size automobile shall be excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of two hundred (200) square feet. b. In the case of duplexes and two-unit dwelling groups and multiple-family dwellings, the area of all covered parking spaces required to be provided for the site shall be 138
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excluded from the calculation of floor area ratio; provided, however, such exclusion shall not exceed a total area of four hundred (400) square feet per unit.

2. Multiple-family development of three (3) or more units shall have a maximum floor area ratio of 1.25.

G. Height of Structures.

1. Except as otherwise provided in paragraph 2 of this subsection G and in Section 17.32.060, the maximum height of any structure shall be as follows: thirty-six (36) feet. a. Twenty-eight (28) feet, for lots having a slope of less than twenty percent (20%); or b. Thirty (30) feet, for lots having a slope of twenty percent (20%) or more.

2. For a distance of fifteen (15) feet from the front lot line, the height of any structure shall not exceed twenty (20) feet as measured from finish grade; provided, however, garages and carports may be constructed to a height of fifteen (15) feet above the elevation of the center of the adjacent street when permitted by Section 17.32.070 of this title. On a downslope lot, a garage or carport in compliance with this subsection may exceed a height of thirty-six (30 36) feet, but the height of any permitted living area underneath the garage or carport shall not exceed thirtysix (30) 36) feet from finish grade.

1. Front outside wall: Thirty percent (30%) articulation.

3. Rear outside wall: Thirty percent (30%) articulation.

4. Exemptions: Single story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet shall be exempted from all articulation requirements.

I. Landscaping Requirements.

1. Front Setback. A minimum of fifteen percent (15%) of the front setback area shall be landscaped where the lot has a front lot line of thirty (30) feet or greater. 139
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2. Downslope Lots. The rear of any newly constructed main structure on a downslope lot shall be screened with trees and shrubs in accordance with a landscape plan approved by the planning director.

3. Sites with Three (3) or More Units. Not less than ten percent (10%) of the lot area shall be improved with landscaping where three (3) or more dwelling units are located on the same site.

K. Refuse and Recycling Area Requirements.

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 3: Section 17.14.060 - Development Regulations for the NCRO-2 District, of Chapter 17.14 - NCRO Neighborhood Commercial District NCRO-1 Brisbane Village NCRO-2 Downtown Brisbane, is amended to read as follows:

Development regulations for the NCRO-2 district are as follows:
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B. Lot Dimensions. The minimum dimensions of any newly established lot in the NCRO-2 district shall be as follows:

Width Depth
25 feet No requirement
C. Density of Residential Use. Dwelling unit density in a mixed use shall be established by the use permit.

D. Setbacks. The minimum required setbacks for any lot in the NCRO-2 district, except as provided in Section 17.32.070, shall be as follows:

1. Front setback: No requirement (0).

2. Side Setback: No requirement (0), except a ten (10) foot setback shall be required on the side setback where abutting any residential district.

3. Rear Setback: Ten (10) feet.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-six (36) feet 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.

Such uses shall comply with the following additional requirements:
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2. No off-street parking shall be located on any portion of the site between the curb line and the storefront.

3. New construction shall incorporate the necessary vents and chases into the building design so as to allow future changes in occupancy of the storefront area.

4. Single-family dwellings in which mixed uses are conducted shall have a storefront character as viewed from the street.

J. Recycling Area Requirements.

2. This requirement shall apply to all new commercial or institutional buildings, residential buildings having five (5) or more living units, 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 any existing development 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. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.
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*****
SECTION 4: 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.

1. The minimum area of any lot shall be seven thousand five hundred (7,500) feet; provided however, pursuant to State law, a housing development project of three (3) units, proposed on an existing legal lot of record, shall not be denied solely on the basis that the lot area of that lot does not meet the minimum lot area.

B. Density of Development. The minimum lot area for each dwelling unit on a site shall be as follows:

1. Single-family dwellings: Seven thousand five hundred (7,500) square feet;

2. Duplex dwellings: Three thousand seven hundred fifty (3,750) square feet;

3. Multiple-family dwellings and dwelling groups: One thousand five hundred (1,500) square feet;

4. Mixed use or live/work development: Dwelling unit density shall be determined by the use permit.

C. Lot Dimensions. The minimum dimensions of any lot shall be as follows:

Width Depth
50 feet No requirement
D. Setbacks. The minimum required setbacks for any lot, except as provided in Section 17.32.070, shall be as follows:

1. Front setback:
a. Residential/Mixed Use: Ten (10) feet;
b. Commercial Uses: Twenty-five (25) feet for commercial uses; 143
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c. Exception: The setbacks may be reduced to zero (0) 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.

3. Rear setback: Ten (10) feet.

F. Height of Structures. The maximum height of any structure, except as provided in Section 17.32.060, shall be thirty-five (35) thirty-six (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 district 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 district.

I. Landscaping Requirements.

2. Plant materials shall be drought resistant and non-invasive as required by the planning director.

J. Screening Requirements.

K. 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 should be detailed 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 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 commercial or institutional buildings, residential buildings having five (5) or more living units, and city facilities (including buildings, structures, 145
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and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development 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. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%) or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

1. No emergency shelter shall be allowed to be located within three hundred (300) feet of another emergency shelter.

3. A maximum of twelve (12) persons (twelve (12) beds) to be served nightly.

4. Each resident shall be provided personal living space.

5. Bathrooms and bathing facilities shall be provided, adequate for the number of residents.

6. Laundry facilities or services shall be provided on site, adequate for the number of residents.

7. The length of stay for individual clients shall not exceed six (6) months, or as allowed by state law.

8. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

9. For security, the facility shall provide outdoor lighting of common areas, entries, parking areas, pathways, in compliance with Section 17.16.050.E.

10. For security, the shelter shall be adequately staffed twenty-four (24) hours a day, seven (7) days a week.

11. Parking shall be as specified in Chapter 17.34.
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M. Mobile Home Parks.

1. Mobile home parks in the SCRO-1 district shall be subject to the development and parking standards established in Chapter 17.11 of this title.

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

A. Lot Area. There is no minimum lot area.
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C. Lot Dimensions. There are no minimum lot dimensions.

D. Setbacks. The minimum required setbacks for any building shall be as follows:

1. Front: Five (5) feet minimum, twenty (20) feet maximum.

Any architectural projection (including lobbies, porches, stoops, canopies, and other entry-related architectural features) may extend up to two (2) feet into the required front setback area.

2. Side: Five (5) feet minimum.

Upper floor second and third-story balconies may extend up to two (2) feet into the required side setback area.

3. Street Side: Ten (10) feet minimum and maximum.

4. Rear: Fifteen (15) feet minimum.

F. Floor Area Ratio. There is no maximum floor area ratio.

G. Height.

H. Landscaping Requirements. Not less than twenty percent (20%) of the lot area shall be landscaped. 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. Landscaping shall conform to the 148
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development standards established in Section 3.5 of the Parkside Precise Plan. The addition of an attached or detached accessory dwelling unit greater than eight hundred (800) square feet shall not result in a loss of the required landscaping area. The addition of an attached or detached accessory dwelling unit that is eight hundred (800) square feet or less may result in a loss of the required landscape area.

L. Parking. Required on-site parking and additional guest parking shall be as established in Section 17.34.020 of this title for multiple-family developments and accessory dwelling units.

1. Design Requirements. Off-street parking facilities shall comply with the design standards as set forth in Table 1, which appears immediately following this section.

M. 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, 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 149
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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.

These requirements shall also apply to existing development project for which building permit applications are submitted within a twelve-month period that collectively add thirty percent (30%) or more to the existing floor area of the development project. *****
SECTION 6: Section 17.32.055 - Exceptions—Lot area, lot dimensions and lot lines, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

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. 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.

1. R-1, R-2 and R-3 Districts:
a. . In any R district, single-family dwellings only may be erected on any A substandard lot of record, less than five thousand (5,000) square feet in area, shall be considered conforming for a single-family dwelling, if the lot was not owned in common with contiguous property in the same district on October 27, 1969.

1. b. 3. As an exception to subsection (A)(1), a 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. c. . Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Municipal Code Chapter 16.12.

1. Districts where multifamily or mixed-use development is permitted: A legal lot of record that does not meet the District minimum lot size may be developed as a housing development project as provided in the applicable District regulations and Government Code Section 65913.11.

2. All Districts:
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a. In any District, a substandard lot may be developed under the exceptions provided in the applicable District regulations.
b. 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 lot.

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 District lot area and dimension requirements, subject to the requirements of the Two-unit Development Residential Overlay District, as set forth in Chapter 17.05.

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. 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. *****
SECTION 7: Section 17.32.060 - Exceptions – Height Limit, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A, B and C, no change.)
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 151
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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.

D. Exceptions to the height limit to accommodate accessibility improvements (such as elevators) may be permitted pursuant to Section 17.32.080 of this Chapter. *****
SECTION 8: Section 17.32.070 - Exceptions – Setback requirements, of Chapter 17.32 - General Use Regulations, is amended to read as follows:
(Subsections A.1.a, A.1.b, A.1.c, A.1.d and A.1.e, no change.) A.1.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.

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.

A.1.f. Accessibility Improvements (such as ramps). Exceptions to the setbacks to accommodate accessibility Improvements may be permitted pursuant to Section 17.32.080 of this Chapter. 152
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(Subsections A.2, A.3 and A.4, no change.)
(Subsections B and C, no change.)
*****
SECTION 9: Section 17.32.080 - Requests for reasonable accommodations, of Chapter 17.32 - General Use Regulations, is amended to read as follows:

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.

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

File Attachments for Item:

K. Zoning Text Amendment 2025-RZ-01-- Consider Introduction of Ordinance to Update the City’s Density Bonus and Inclusionary Housing Ordinance (Staff is recommending to introduce an ordinance to amend the zoning ordinance’s inclusionary housing and density bonus regulations, currently located in BMC Ch. 17.31, to comply with current State law and implement the Housing Element. This item is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.) 154
Density Bonus and Inclusionary Housing Ordinance Updates Page 1 of 6

CITY COUNCIL AGENDA REPORT
Meeting Date: April 17, 2025
From: John Swiecki, Community Development Director
Subject: Zoning Text Amendment 2025-RZ-01; Introduction and First Reading of Draft Ordinance to Update the City’s Density Bonus and Inclusionary Housing Ordinance
Adoption of the draft ordinance is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.

Community Goal/Result
Community Building; Fiscally Prudent
Purpose
To amend the zoning ordinance’s inclusionary housing and density bonus regulations to comply with current State law and implement the Housing Element.

Recommendation
Introduce the ordinance amending the zoning text to update the inclusionary housing and density bonus regulations currently located in BMC Ch. 17.31, as provided in Attachment 1.

Background
2009 Ordinance
The City Council adopted an inclusionary housing and density bonus ordinance in 2009 (BMC Chapter 17.31; Attachment 4). The inclusionary provisions require rental and for-sale housing developments of six or more units or lots to provide a certain number of housing units that are affordable to and occupied by low income and/or moderate-income households. The ordinance also contains the City’s procedures to implement the State density bonus program, which is available for housing projects of at least five units.
2019 Draft Ordinance
In 2018, the Planning Commission studied updates to the 2009 ordinance to implement programs in the 2015 Housing Element and bring the ordinance into compliance with State laws impacting the ordinance. In April 2019 the Commission recommended Council approval of a draft ordinance (“the 2019 draft ordinance”) addressing State law requirements in effect at the time and the 2015 Housing Element policies.

City Council consideration of the 2019 draft ordinance was delayed due to an evolving regulatory environment at the State level, the 2023-2031 Housing Element process, and efforts to create an Affordable Housing Strategic Plan which included an evaluation of the draft 2019 ordinance’s inclusionary housing provisions.
155
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Density Bonus and Inclusionary Housing Ordinance Updates Page 2 of 6 2025 Draft Ordinance
In 2024, staff revisited the draft ordinance to address programs in the new 2023-2031 Housing Element, strategies in the 2024 Affordable Housing Strategic Plan, and current State law.

Recommended revisions to the 2019 ordinance were reviewed at Planning Commission workshops in the fall of 2024.

Following those workshops, on February 27, 2025, the Commission considered a revised draft ordinance at a public hearing and voted unanimously to recommend City Council approval of the ordinance. This revised draft ordinance (“2025 draft ordinance”) is included as Attachment 1, and the February 27, 2025 Planning Commission agenda report is attached as Attachment 5.

Staff has not provided a redlined version of the 2009 ordinance showing changes proposed by the 2025 draft ordinance because of the significant structural changes proposed. Tables summarizing substantive revisions proposed to the 2009 ordinance are provided in the Discussion section below.

Housing Subcommittee Review
The City Council housing subcommittee met to review the draft 2025 ordinance on March 13, 2025. The subcommittee’s recommendations are summarized in the Discussion section below.

Discussion
The 2025 draft ordinance (Attachment 1) extracts the density bonus regulations into a standalone chapter (new chapter 17.29). Inclusionary housing regulations remain in Chapter

17.31. Beyond this structural change, the 2025 draft ordinance proposes the following substantive revisions to the density bonus and inclusionary housing ordinance:

Density Bonus Provisions
Updated Provision State Law or Policy Requirement
Eliminate State density bonus tables from implementing
ordinance and replace with reference to State law
Government Code Sections 65915-65918
Create a density bonus for small projects under 5 units 2015 Housing Element Program H.B.5.a Grant additional concessions or incentives than required by State law for projects that exceed the density bonus qualifications
2023 Housing Element Program 2.C.1
Extend rental target unit affordability term from 55 years to in perpetuity
No State Law or other Policy; Planning
Commission recommendation
Require one-to-one replacement of lost units 2023 Housing Element Program 3.A.5 Allow one additional incentive or concession if the
density bonus project includes family-sized target units (units with three or more bedrooms) affordable to lowto extremely low-income households 2023 Housing Element Program 2.C.1
Affordability in perpetuity for both rental and for-sale 2023 Housing Element Program 4.A.11 Direct staff to prepare implementation guidelines that
address topics including income verification and
household qualification procedures, procedures for
No State Law or other Policy; Planning
Commission recommendation
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Density Bonus and Inclusionary Housing Ordinance Updates Page 3 of 6 successors in interest, and other implementation
provisions, and extracting such provisions from the
ordinance
Inclusionary Housing Ordinance (BMC Ch. 17.31)
Updated Provision State Law or Policy Requirement
Reduce project size threshold from 6 or more units/lots to 5 or more units/lots
No State Law or other Policy; Planning
Commission recommendation
15% inclusionary requirement instead of the current
sliding scale
Rental: Government Code Section
65850.01
For-sale: No State Law or other Policy;
Planning Commission recommendation
Affordable rental units must be affordable to very low
income households (rather than a mix of low and very
low income households)
No State Law or other Policy; Planning
Commission recommendation
Provide alternatives to on-site construction of affordable units, including:

Any rental project can choose to pay an in-lieu
fee
Government Code Section 65850
Any for-sale project of 15 or fewer units/lots can
choose to pay an in-lieu fee
2023 Housing Element Program 2.E.4,
Affordable Housing Strategic Plan
Strategy A-5
City Council may approve other alternatives for
for-sale or rental projects, including off-site
construction, land donation, conversion of
market-rate units, funding affordable or special
needs housing project, or in-lieu fee for for-sale
projects of more than 15 units/lots
2023 Housing Element Program 2.E.4,
Affordable Housing Strategic Plan
Strategy A-5
Affordability in perpetuity for both rental and for-sale 2023 Housing Element Program 4.A.11 Require an in-lieu fee for fractional inclusionary
requirements that cannot be rounded up to the nearest
whole integer
No State Law or other Policy; Planning
Commission recommendation
Modify incentives to:

Continue to allow affordable units to be smaller
than market-rate units, but require comparable
total square footage
No State Law or other Policy; Planning
Commission recommendation
Acknowledge that ADUs provided by for-sale
developments may be able to be sold IF the City
amends its ADU regulations to allow ADUs to be
sold. (Separate ordinance would be required, not
proposed in this ordinance.)
No State Law or other Policy; Planning
Commission recommendation
Direct staff to prepare implementation guidelines that
address topics including income verification and
household qualification procedures, procedures for
successors in interest, and other implementation
No State Law or other Policy; Planning
Commission recommendation
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Density Bonus and Inclusionary Housing Ordinance Updates Page 4 of 6 provisions, and extracting such provisions from the
ordinance
Draft Implementation Guidelines
HEART of San Mateo County provides housing policy consulting services to the City. HEART staff is preparing an implementing guidelines document containing detailed procedures for administering the density bonus and inclusionary housing ordinances, as referenced in the draft ordinance. This document would be maintained and updated by City staff.

Housing Subcommittee Recommendations
The Housing Subcommittee (Mayor Lentz, Councilmember Davis) met on March 13, 2025 to review the draft ordinance. The subcommittee made the following recommendation for the full Council’s consideration:
- Eliminate incentive for for-sale inclusionary housing developments to meet inclusionary requirements by providing affordable accessory dwelling units (Section 17.31.040.D of the draft ordinance). The subcommittee considered this option problematic in terms of on-going management, monitoring, and tracking. If this incentive would be eliminated, for-sale developments would need to construct affordable units as for-sale single-family dwellings, unless they opted to pay an in-lieu fee (projects of 15 or fewer units) or requested Council approval of another alternative means of compliance.

The draft ordinance in Attachment 1 has been modified to eliminate this incentive, shown in tracked changes on page 13 of the ordinance, for the Council’s consideration.

Inclusionary In-Lieu Fee: Setting the Fee Amounts
Implementation of the draft ordinance would require the City to adopt in-lieu fees for inclusionary housing, as well as new fees for administration of the ordinance’s requirements.

In-lieu fees would be maintained in the City’s low and moderate income housing fund to fund a variety of the City’s programs related to preserving existing affordable housing stock, creating new affordable housing, or assisting low-income households. Staff has provided recommended in-lieu fees in Attachment 3. Should the Council move to introduce the draft ordinance, a Resolution will be prepared amending the Master Fee Schedule to adopt the proposed fees at the next City Council meeting.

Adopting an in-lieu fee for rental inclusionary housing developments is proposed to meet the State-required opt-in alternative for rental projects in the inclusionary policy. While not required by State law, an in-lieu fee is also proposed for opt-in payment by small for-sale projects (15 or fewer units/lots), or for discretionary approval by the City Council for larger forsale projects, which is consistent with the City’s Housing Element policy to provide more alternatives for compliance with the inclusionary housing ordinance. 158
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Density Bonus and Inclusionary Housing Ordinance Updates Page 5 of 6 In-lieu fees are not development impact or mitigation fees and are therefore not subject to the Mitigation Fee Act. The proposed in-lieu fees shown in Attachment 3 are based on the “affordability gap” between market-rate housing prices and the maximum affordable purchase price for low and moderate-income households. The affordability gap is a helpful tool for targeting appropriate in-lieu fees because it represents the cost the developer incurs for providing the unit. The proposed in-lieu fees are similar to those of neighboring jurisdictions, shown in the benchmarking analysis provided in Attachment 6. As this fee is set independently from the cost of an individual development, for some developers, paying the fee will be preferable to providing the unit on-site. For some developments, the opposite may be the case. The City Council may also adjust these fees to incentivize a particular outcome. For example, if the City Council wished to incentivize building units on-site, the City Council could consider increasing the in-lieu fees.

Local Preferences
“Local preferences” are requirements that affordable units provided to comply with City regulations or 100% affordable housing developments have “preferences” to serve or market the affordable housing units to certain target populations. For example, a requirement that current or former Brisbane residents be given priority in leasing or selling affordable units would be considered a local preference. Local preferences are not established in the draft ordinance. Should the Council wish to consider local preferences, staff can prepare some background information on the legal requirements for studying and establishing such preferences in compliance with State and Federal fair housing laws.

Fiscal Impact
None at this time. Adoption of an inclusionary in-lieu fee will generate affordable housing revenues, but it is difficult to forecast potential revenue as it depends on project size and type, and whether in-lieu fee payments are proposed at all by a project developer as opposed to onsite construction or other compliance alternatives.

Environmental Review
Adoption of the draft ordinance is exempt from CEQA pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.

Measure of Success
Inclusionary housing and density bonus regulations that comply with State law and implement the City’s Housing Element policies to encourage and facilitate development of affordable housing in Brisbane.

Attachments

1. Draft Ordinance
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Density Bonus and Inclusionary Housing Ordinance Updates Page 6 of 6

2. Resolution 2025-RZ-01

3. Proposed In-Lieu Fees and other Administrative Fees

4. BMC Chapter 17.31, Inclusionary Housing And Density Bonuses (hyperlink)

5. February 27, 2025 Planning Commission agenda report and attachments

6. San Mateo County benchmarking analysis of inclusionary housing regulations ___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 160
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DRAFT ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF BRISBANE
ADDING NEW CHAPTER 17.29 AND AMENDING CHAPTER 17.31 OF

THE BRISBANE MUNICIPAL CODE

CONCERNING DENSITY BONUS AND

INCLUSIONARY HOUSING REQUIREMENTS
The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: A new Chapter 17.29 is added to the Municipal Code to read as follows:

Chapter 17.29 – DENSITY BONUSES
Sections:

17.29.010 Purposes of chapter.

17.29.020 Definitions.

17.29.030 Administration of Density Bonuses.

17.29.040 Application for a Density Bonus.

17.29.050 Affordable housing agreements.

17.29.060 Implementation and enforcement.

17.29.010 – Purposes of chapter.

A. The City of Brisbane enacts this chapter to implement the goals, objectives, and policies of the City's general plan housing element relative to administering a density bonus program to encourage the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities.

B. This chapter is also intended to implement Sections 65915 through 65918 of the California Government Code, or successor statutes and regulations, governing density bonuses and other incentives required by such statutes or regulations.

17.29.020 - Definitions.

A. Affordable Housing Agreement. A recorded agreement between a property owner and the City to ensure that the density bonus requirements of this Chapter are satisfied.

B. Affordable Ownership Cost. The affordable ownership cost for for-sale target units shall be as specified in California Health and Safety Code Section 50052.5, as may be amended over time.

C. Affordable Rent. The affordable rent for rental target units shall be as specified in California Health and Safety Code Section 50053, as may be amended over time.

D. Approving Authority. The City decision-making body acting on an application for a housing development subject to the requirements of this Chapter, including the City Council, Planning Commission, or Community Development Director.

E. Base Density. Base density or maximum residential density shall be as defined in the State Density Bonus law.

F. Child Care Facility. Child care facility shall have the same meaning as defined in the State Density Bonus Law.
4/17/2025 City Council Meeting ATTACHMENT 1
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Brisbane City CouncilApril 17, 2025

Brisbane City Council
April 17, 2025