Agenda packet, first session — Brisbane City Council, September 4, 2025 (part 1 of 2)

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CITYof BRISBANE
Thursday, September 4, 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. 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 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.

Joint City Council & Guadalupe Valley Municipal
Improvement District Meeting Agenda
1 September 4, 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. National Preparedness Month
ORAL COMMUNICATIONS NO. 1

CONSENT CALENDAR
C. Approve Minutes of City Council Joint Meeting of July 17, 2025 D. Approve Minutes of City Council Closed Session Meeting of July 17, 2025 E. Accept Investment Report as of June 2025
F. Accept Investment Report as of July 2025
G. Approve the Brisbane Dance Workshop Holiday Craft Fair Application for Event Cosponsorship H. Approve the Lions Club Fun Run & Pumpkin Patch Application for Event Co-sponsorship I. Approve the Lions Club Senior Holiday Luncheon & Worldwide Candle Lighting Applications for Event Co-sponsorships
2 September 4, 2025 - 3 - 6:30 PM
J. Approve the Chamber of Commerce “The Showbroads” Application for Event Cosponsorship K. Approve the Agreement Between the City of Brisbane and the San Mateo Pre-Hospital Emergency Medical Services Group for Personnel Services and Office Space

PUBLIC HEARING
L. Consider Introduction of an Ordinance Amending Brisbane Municipal Code Chapters

15.10, 17.02, 17.12, 17.16, 17.32, 17.34, And 17.43 to Amend Regulations Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units (This item is for a Zoning Text Amendment 2025-RZ-02; Citywide; Zoning Text Amendments to update the City’s existing Accessory Dwelling Unit regulations to comply with current State law; and finding that this project is statutorily exempt from environment review under CEQA Guidelines Section 15282(h) because it involves adoption of an ordinance regarding second units in single-family and multifamily residential zones; City of Brisbane, applicant.)

NEW BUSINESS
M. Review and Consider Approval of the Complete Streets Safety Committee’s Recommendation to Implement Full Street Closures in the Downtown Area on the Evening of Halloween, October 31, 2025
(The fiscal impact of this item will depend on Council’s direction.) N. Consider Adoption of City of Brisbane and GVMID Resolutions Approving Tier 2 Drought Response Implementation Plan Pursuant to Section 3.11C of the Amended and Restated Water Supply Agreement and Approving an Amendment to the Amended and Restated Water Supply Agreement between the City and County of San Francisco and Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County (The cost increase of the Amendment to all Regional Water System customers would result in an increase of no more than $0.04 per hundred cubic feet of water. There is no anticipated cost impact as a result of adopting the Tier 2 Drought Response Implementation Plan.)
O. Receive Report on City of Brisbane Volunteer Initiatives and Provide Direction to Staff

STAFF REPORTS
P. City Manager’s Report- City Updates and Upcoming Activities 3 September 4, 2025 - 4 - 6:30 PM

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

ADJOURNMENT
4 File Attachments for Item:

C. Approve Minutes of City Council Joint Meeting of July 17, 2025 5 BRISBANE CITY COUNCIL

ACTION MINUTES

JOINT CITY COUNCIL AND HOUSING AUTHORITY

MEETING AGENDA
THURSDAY, JULY 17, 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 6:317 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 requests were made under Roll Call Item A.

Councilmembers Present: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Councilmembers Absent: None
Staff Present: City Manager Dennis, Assistant City Manager Fernandez, City Clerk Padilla, City Attorney McMorrow, Finance Director Yuen, Community Development Director Swiecki, City Engineer Breault, Deputy Public Works Director Kinser, Assistant Engineer Santoyo, Management Analyst Brown, Police Commander Garcia, Police Chief Macias, and Admin Management Analyst Ibarra

REPORT OUT OF CLOSED SESSION
City Attorney McMorrow reported that Councilmembers provided direction to staff on the Performance Evaluation item.

ADOPTION OF AGENDA
Councilmember O’Connell made a motion, seconded by Councilmember Davis, 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
6 C.

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AWARDS AND PRESENTATIONS
B. Recognizing Karen Kinser for her 31 years of Service to the City of Brisbane Mayor Lentz proclaimed that the City Council of the City of Brisbane, on behalf of the entire community, extends its deepest gratitude and highest respect to Deputy Public Works Director Karen Kinser for her distinguished service and unwavering commitment to the public good.

Mayor Lentz, Councilmembers, and Former City Manager Robin Leiter congratulated Karen Kinser on her retirement after 31 years of service to the City of Brisbane Council took a 5 minute reception break.

ORAL COMMUNICATIONS NO. 1
Ariel Cherbowsky and Frida Pensamiento thanked the City for co-sponsoring the Summer Solstice Celebration with San Bruno Mountain Watch.

CONSENT CALENDAR
C. Approve Minutes of City Council Special Meeting of June 26, 2025 E. Adopt a Resolution Prohibiting Parking at the Bay Conservation and Development Commission’s Public Parking Area Within 7000 Marina Boulevard Between the Hours of 2:00 A.M. and 4:00 A.M.

F. Award the Construction Contract for the 2024 Slurry Seal Project to VSS International, Inc. in the Amount of $313,211.00, and Authorize the Mayor to Sign the Contract G. Accept the Annual Military Equipment Report per California Assembly Bill 481 H. Approve Revised Silverspot Nursery School Lease Agreement I. Authorize Staff to Release a Request for Proposals to Lease or Manage the Visitacion Garden Senior Housing Development
K. Adopt a Resolution, “Imposing National Pollutant Discharge Elimination System Compliance Fees on Commercial Property Owners Within an Identified Study Area,” authorizing placement of said charges on the 2025-2026 County Tax Roll, and authorizing the County Tax Collector to collect such charges”
(The NPDES Commercial Property Fees is anticipated to generate $279,854 to assist in offsetting the NPDES budget shortfall.)
Council made a request to pull Consent Calendar Item J and D for discussion. Councilmember O’Connell made a motion, seconded by Councilmember Davis, to approve Consent Calendar Item C, E, F, G, H, I and K. The motion was carried unanimously by all present.
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Ayes: Councilmembers Davis, Kern, Mackin, O’Connell and Mayor Lentz Noes: None

Absent: None
Abstain: None
J. Acquisition of Five Properties in the Brisbane Acres for Purposes of Open Space and Habitat Conservation
(With escrow fees, the total cost to the City will be approximately $855,000. The City will use the funds received from the recent sale of vacant property in Crocker Park to purchase these properties. This action is not subject to further environmental review as it is not a project under the California Environmental Quality Act. CEQA Guidelines, Section 15378(b)(4)) Councilmember O’Connell pulled Item J to acknowledge staff’s hard work to acquire the 5 Brisbane Acre properties.

Councilmember O’Connell made a motion, seconded by Councilmember Kern, to approve Consent Calendar Item J. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
D. Approve Amendment to Reimbursement Agreement with 90 Santa Clara After some council questions of staff and property owners, Amy Cheng of 80 Santa Clara Street asked not to extend this agreement. Michele Salmon raised safety concerns about cars being parked in front of the fire road.

After council discussion, Council directed staff to bring back this item at a Council Meeting during May of 2026, closer to the expiration date of the Reimbursement Agreement with 90 Santa Clara. The council can consider at this future council meeting the request made by the parties who paid for construction of the roadway extension to extend the term of the agreement to May 9, 2037.

PUBLIC HEARING
L. City of Brisbane Local Stormwater Program Fees

1. Open the Public Hearing and take public comment. Close the Public Hearing, and if appropriate, overrule any objections to the imposition of fees related to the National Pollutant Discharge Elimination System (NPDES)

2. Consider Adoption of a Resolution, “A Resolution of the City Council of the City of Brisbane Imposing Charges for Funding the Local Brisbane Stormwater Program, Authorizing Placement of Said Charges on the 2025-2026 County Tax Roll and Authorizing the County Tax Collector to Collect Such Charges.”
City Engineer Breault reported that staff is recommending to adopt a Resolution imposes charges for the 8 C.

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City of Brisbane Local Stormwater Program, and authorizes the County Tax Collector to place such charges on the property tax roll. The total fee assessment (charges) per the 2025 Engineer’s Report is approximately $51,550. The annual charge per parcel is not changed from previous years.

After the public hearing was open, Michele Salmon asked if there are any relief for property owners from these fees.

Councilmember O’Connell made a motion, seconded by Councilmember O’Connell, 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
After further clarifying questions and council discussion, Councilmember O’Connell made a motion, seconded by Councilmember Davis, to adopt a Resolution imposing charges for funding the local Brisbane Stormwater Program, authorizing Placement of said charges on the 2025-2026 County Tax Roll and authorizing the County Tax Collector to collect such charges. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
M. Imposition of Fiscal Year 2025-2026 Tax Roll Charges for the Sierra Point Landscaping and Lighting District

1. Hear Statement of Engineer of Record, Read Mayor’s Statement, Hear City Clerk Statement, Open Public Hearing to hear any testimony, Close Public Hearing

2. Consider Adoption of proposed Resolution Addressing Objections and Ordering the Improvements and Confirming the Diagrams and Assessment for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District.

After hearing the statements from the Engineer of Record, Mayor Lentz and City Clerk Padilla, and no Council questions, the Mayor opened the public hearing for the Imposition of Fiscal Year 2025-2026 Tax Roll Charges for the Sierra Point Landscaping and Lighting District.

Councilmember O’Connell made a motion, seconded by Councilmember Kern, 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
Councilmember Kern made a motion, seconded by Councilmember O’Connell, to adopt a Resolution 9 C.

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addressing objections and ordering the improvements and confirming the diagrams and assessment for Fiscal Year 2025-2026 for the Sierra Point Landscaping and Lighting District. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None

NEW BUSINESS
N. Review of Residential Parking Permit Program on Thomas Avenue and Request for City Council Direction
(Staff is recommending to consider the feedback from Thomas Avenue residents and provide direction whether to continue, modify or end the Residential Parking Permit Program on Thomas Avenue.)
Deputy Public Works Director Kinser reported that staff prepared a short survey on the Residential Parking Permit Program (RPPP) on Thomas Avenue and mailed it to all residents of Thomas Avenue. There were 20 responses, and 75% did not want to see the program continue, with 25% in favor of the program. While the large majority of people contacted did not want the program to continue, staff observed that the program outreach was apparently limited, as some residents seemed unaware of how it worked and how to make requests for enforcement. Staff is requesting direction from City Council whether to continue, modify or end the RPPP.

After council questions, Tiffany Meyer asked Council not to continue the parking permit program because of the financial burden on the residents of that street.

After some Council discussion, Councilmember Kern made a motion, seconded by Councilmember Davis, to end the Residential Parking Permit Program. The motion was carried unanimously by all present.

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

Absent: None
Abstain: None
O. Receive the Complete Streets Safety Committee (CSSC) Recommended Safety, Traffic Flow, and Parking Improvements to the Visitacion Avenue Corridor and Provide Direction to Staff on their Implementation
Deputy Public Works Director reported that the Complete Streets Safety Committee and Council liaisons made the following recommendations to improve the safety, traffic flow and parking on Visitacion Avenue:
• Designate a loading zone on Monterey Street EB at Visitacion Avenue next to Beauty Fix for delivery truck use during daytime delivery hours only. • Designate Transportation Network Company (such as DoorDash and Uber Eats) and 10 C.

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resident curbside pickup spots on Visitacion Avenue approaching Mariposa Street NB and approaching Monterey Street SB
• Convert the vacant Brisbane Teen Center lot into a public parking lot • Utilize MPS Safety Sticks to provide parking enforcement • Increase fines for double parking violations
After council questions, Michele Salmon commented that the City would have less parking problems if there were enforcement and also provided more possible solutions for the parking issues. Chris Florkowski added that parking becomes an issue when good public transportation is not available.

After Council discussion, staff was directed to contact businesses and residents to learn more about the parking needs especially regarding truck deliveries.

P. Consider Authorizing Staff to Release a Request for Proposals for City Attorney Services City Manager Dennis reported that in January 2025, Mr. McMorrow provided written notice to the City Council informing Council of his and Mr. Roush’s intention to step down from their respective roles at the end of 2025.

In that memo, Mr. McMorrow laid out a process for recruiting and appointing a new City Attorney. City staff have drafted a proposed Request for Proposals (RFP) that fulfils the core responsibilities and services of a City Attorney. Since the City Attorney is appointed by the City Council directly, staff requests feedback on the RFP and provide direction on the next steps of the recruitment process.

After council questions, no public comment and council discussion, staff were given direction to move forward with the recruitment and the release of the Request for Proposals for City Attorney Services.

STAFF REPORTS
Q. City Manager’s Report- City Updates and Upcoming Activities City Manager Dennis provided updates and reported on upcoming activities in the City.

MAYOR/COUNCIL MATTERS
R. Countywide Assignments and Subcommittee Reports
i. Report Out on Subcommittee Meetings
ii. Upcoming Subcommittee Meetings
Councilmembers reported on their subcommittee and county assignment activities as well requesting input from each councilmember on important Countywide matters. 11 C.

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S. Written Communications
Written communication was received from the following members of the public:

Florkowski (07-14-2025) Large Data Center
Cheng (07-15-2025) 80 Santa Clara Street
Follien (7-17-2025) New Business Item O
Repke (7-17-2025) Safety Sticks
ORAL COMMUNICATIONS NO. 2
Michele Salmon thanked the City for the Brisbane Acres purchases and for cosponsoring of the Summer Solstice event with San Bruno Mountain Watch.

Chris Florkowsky asked Council to consider the regional transit measure through the lens of San Mateo County not in isolation.

Roland Lebrun commented for the Council and the public to review important discussions at the latest Caltrain Board Meeting.

ADJOURNMENT
Mayor Lentz adjourned the meeting at 9:29 P.M.

Ingrid Padilla
City Clerk
12 C.

File Attachments for Item:

D. Approve Minutes of City Council Closed Session Meeting of July 17, 2025 13 BRISBANE CITY COUNCIL

ACTION MINUTES

CITY COUNCIL CLOSED SESSION MEETING AGENDA
THURSDAY, JULY 17, 2025
HYBRID MEETING, 50 PARK PLACE LARGE CONFERENCE ROOM,
BRISBANE, CA 94005
6:00 P.M. CLOSED SESSION
A. Approval of the Closed Session Agenda
B. Public Comment. Members of the public may address the Councilmembers on any item on the closed session agenda
C. Adjournment into Closed Session
D. Government Code, Section 54957 (b) (1). Performance Evaluation: City Manager Mayor Lentz called the meeting to order at 6:01 P.M.

Councilmember Davis 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 provided direction to staff on the Performance Evaluation item.

ADJOURNMENT
The meeting was adjourned at 6:30 P.M.

Ingrid Padilla, City Clerk
14 D.

File Attachments for Item:

E. Accept Investment Report as of June 2025
15 FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C 3,213,604 $ 3,213,604 $ 3,213,604 $ 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous 8,649,268 $ 8,649,268 $ 8,649,268 $ 4.270 on call no rating Other Investments
FHLB 7/28/2022 1,000,000 $ 1,000,000 $ 999,750 $ 4.050 07/28/2025 FHLB 12/31/2021 1,000,000 $ 1,000,000 $ 992,530 $ 1.300 09/30/2025 FHLB 10/27/2022 1,000,000 $ 1,000,000 $ 1,001,750 $ 4.750 10/27/2025 FFCB 9/12/2022 1,000,000 $ 1,000,000 $ 997,860 $ 4.125 12/12/2025 FFCB 12/1/2023 1,000,000 $ 1,000,000 $ 1,000,810 $ 5.060 12/01/2026 FHLB 3/25/2022 1,000,000 $ 1,000,000 $ 977,270 $ 2.600 03/25/2027 FHLB 5/26/2022 1,000,000 $ 1,000,000 $ 991,800 $ 3.750 05/26/2027 FHLB 11/19/2024 1,000,000 $ 1,000,000 $ 999,550 $ 4.650 11/19/2027 FNMA 3/24/2025 1,000,000 $ 1,000,000 $ 999,030 $ 4.625 03/24/2028 FHLB 6/30/2025 $ 1,000,000 $ 1,000,000 $ 999,230 4.500 06/23/2028 FHLB 6/30/2025 $ 1,000,000 $ 1,000,000 $ 1,000,070 4.375 06/23/2028 FHLB 7/29/2024 1,000,000 $ 1,000,000 $ 998,730 $ 5.150 07/25/2029 FHLM 11/19/2024 1,000,000 $ 1,000,000 $ 1,002,240 $ 5.000 11/19/2029 FHLM 3/27/2025 1,000,000 $ 1,000,000 $ 999,230 $ 5.000 03/27/2030 FHLB 4/30/2025 1,000,000 $ 1,000,000 $ 996,160 $ 5.000 04/17/2030 FHLB 4/29/2025 1,000,000 $ 1,000,000 $ 995,840 $ 4.800 04/29/2030 BNY Mellon Treasury Obligations continuous $ 7,465,803 $ 7,465,803 $ 7,465,803 4.280 on call 110% collateral Sub-total 23,465,803 $ 23,465,803 $ 23,417,653 $
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl - $ 10031 Reserve Fund Fed Treas Obl 1 $ 10032
Revenue Fund Fed Treas Obl - $ 10034
Expense Fund Fed Treas Obl - $ 10035
Principal Fed Treas Obl 1 $ 10036
Interest Fund Fed Treas Obl 0 $ 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl - $ 10031 Reserve Fed Treas Obl 93 $ 10032
Expense Fund Fed Treas Obl - $ 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl 64 $ 10031 Reserve / Project Fed Treas Obl 1,410,175 $ 10032
Expense Fund Fed Treas Obl - $ 10035
Principal Fed Treas Obl - $ 10036
Interest Fund Fed Treas Obl - $ 10037
PARS OPEB Trust Trust Cash Investments 4,869,354 $ 13050 PARS Retirement Trust Trust Cash Investments $ 1,769,796 13050 Sub-total Cash with Fiscal Agents $ 8,049,484
Total other investments $ 31,515,287 $ 31,515,287 $ 23,417,653 TOTAL INVESTMENTS & CASH BALANCES $ 43,378,160 43,378,160 $ 35,280,526 $ Outstanding Loans to Department Heads / Former Employees Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 318,750 $ Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 3.96%
Weighted Interest 3.90%
Weighted maturity 1.27 Years

TREASURER'S CERTIFICATE
These are all the securities in which the city funds, including all trust funds and oversight agencies funds, are invested and that (excluding approved deferred compensation plans) all these investments are in securities as permitted by adopted city policy.

It is also certified that enough liquid resources (including maturities and anticipated revenues) are available to meet the next six months' cash flow.

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
June 30, 2025
16 E.

FACE MARKET FACE FACE

INVESTMENT VALUE OF VALUE OF VALUE OF VALUE OF

NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT WELLS FARGO Checking A/C 3,213,604 $ 3,213,604 $ 5,245,051 $ (2,031,447) $ (38.7%) $ (661,520) 3,875,125 $ (17.1%) STATE FUND (LAIF) Deposit on call 8,649,268 $ 8,649,268 $ 4,649,268 $ 4,000,000 $ 86.0% 1,580,260 $ 7,069,008 $ 447.3% Other Investments
Sub-total BNY Mellon 23,465,803 $ 23,417,653 $ 23,366,322 $ 99,481 $ 0.4% 25,498,444 $ (2,032,642) $ (8.0%) Sub-total Cash with Fiscal Agents 8,049,484 $ 7,971,920 $ 77,564 $ 1.0% 9,965,695 $ (1,916,211) $ (19.2%) Total other investments 31,515,287 $ 31,338,243 $ 177,045 $ 35,464,139 $ (3,948,852) $ TOTAL INVESTMENTS & CASH BALANCES 43,378,160 $ 35,280,526 $ 41,232,562 $ 2,145,598 $ 5.2% $ 2,458,636 40,919,524 $ 6.0% -
Change in Face Value Change in Face Value

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS
Comparative Review
June 30, 2025
Previous Month Previous Year

2.50%

3.00%

3.50%

4.00%

4.50%

5.00%

5.50%
Interest Rates
2-year Treasury
LAIF
BNY Mellon Money
Market
City's Portfolio
Weighted Interest
June 2025 Review
The City's overall investments and cash balances had a net increase of $2.1M over the previous month due to a semi-annual payment for the Business License Tax on Recycling Establishments received at month-end.

The Wells Fargo ending balance was reduced by $2M to $3.2M and along with June deposits, a total of $4M was transferred to LAIF to take advantage of better rates (4.27%).

As reflected on Page 1, the BNY Mellon subtotal started the month with $16M. Two $1M bonds earning 5.5% were called in June, but replaced with bonds earning slightly less than 4.5% but the money market rate stayed relatively flat earning 4.28%. Moving funds from Wells Fargo to LAIF contributed to an overall increase in the portfolio weighted interest compared to the prior month to 3.9%, relatively on par with the 2-year Treasury rate benchmark.

The City's Cash with Fiscal Agents June 2025 $8M balance is primarily comprised of $6.6M of the PARS trust accounts and $1.4M of the 2023 Bond proceeds held in trust, as reflected on Page 1. The month-to-month net increase of $77K is comprised of $424K in Annex construction reimbursements offset by $317K contribution to the OPEB trust and net interest earnings of $184K on both PARS trust accounts. 17 E.

File Attachments for Item:

F. Accept Investment Report as of July 2025
18 FACE CARRY MARKET COUPON

INVESTMENT DATE OF VALUE OF VALUE OF VALUE OF INTEREST MATURITY RATING/ NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT RATE % DATE COLLATERAL WELLS FARGO Checking A/C $ 1,225,118 $ 1,225,118 $ 1,225,118 0.000 110% collateral STATE FUND (LAIF) Deposit on call continuous $ 5,210,851 $ 5,210,851 $ 5,210,851 4.260 on call no rating Other Investments
FHLB 12/31/2021 $ 1,000,000 $ 1,000,000 $ 994,850 1.300 09/30/2025 FHLB 10/27/2022 $ 1,000,000 $ 1,000,000 $ 1,000,700 4.750 10/27/2025 FFCB 9/12/2022 $ 1,000,000 $ 1,000,000 $ 997,990 4.125 12/12/2025 FFCB 12/1/2023 $ 1,000,000 $ 1,000,000 $ 999,950 5.060 12/01/2026 FHLB 3/25/2022 $ 1,000,000 $ 1,000,000 $ 975,550 2.600 03/25/2027 FHLB 5/26/2022 $ 1,000,000 $ 1,000,000 $ 990,420 3.750 05/26/2027 FHLB 11/19/2024 $ 1,000,000 $ 1,000,000 $ 998,830 4.650 11/19/2027 FNMA 3/24/2025 $ 1,000,000 $ 1,000,000 $ 998,420 4.625 03/24/2028 FHLB 6/30/2025 $ 1,000,000 $ 1,000,000 $ 998,820 4.500 06/23/2028 FHLB 6/30/2025 $ 1,000,000 $ 1,000,000 $ 999,490 4.375 06/23/2028 FHLM 11/19/2024 $ 1,000,000 $ 1,000,000 $ 1,000,770 5.000 11/19/2029 FHLM 3/27/2025 $ 1,000,000 $ 1,000,000 $ 998,040 5.000 03/27/2030 FHLB 4/30/2025 $ 1,000,000 $ 1,000,000 $ 996,080 5.000 04/17/2030 FHLB 4/29/2025 $ 1,000,000 $ 1,000,000 $ 994,570 4.800 04/29/2030 FHLM 7/24/2025 $ 1,000,000 $ 1,000,000 $ 999,890 4.850 07/10/2030 BNY Mellon Treasury Obligations continuous $ 8,539,039 $ 8,539,039 $ 8,539,039 4.260 on call 110% collateral Sub-total $ 23,539,039 $ 23,539,039 $ 23,483,409
U.S. Bank 2014 BGPGA Bond (330) Improvements Fed Treas Obl $ - 10031 Reserve Fund Fed Treas Obl $ 1 10032
Revenue Fund Fed Treas Obl $ - 10034
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ 1 10036
Interest Fund Fed Treas Obl $ 0 10037
U.S. Bank 2015 Utility Capital (545) Improvements Fed Treas Obl $ - 10031 Reserve Fed Treas Obl $ 94 10032
Expense Fund Fed Treas Obl $ - 10035
BNY Mellon 2023 BGVMIDFA Bond (328) Improvements Fed Treas Obl $ 65 10031 Reserve / Project Fed Treas Obl $ 1,415,959 10032
Expense Fund Fed Treas Obl $ - 10035
Principal Fed Treas Obl $ - 10036
Interest Fund Fed Treas Obl $ - 10037
PARS OPEB Trust Trust Cash Investments $ 4,891,452 13050 PARS Retirement Trust Trust Cash Investments $ 1,777,797 13050 Sub-total Cash with Fiscal Agents $ 8,085,369
Total other investments $ 31,624,408 $ 31,624,408 $ 23,483,409 TOTAL INVESTMENTS & CASH BALANCES $ 38,060,376 $ 38,060,376 $ 29,919,378 Outstanding Loans to Department Heads / Former Employees Date of loan Amount Amount Remaining Interest Rate
Stuart Schillinger 4/1/2002 318,750 $ 318,750 Variable, LAIF + 1% FFCB - Federal Farm Credit Bank
FHLB - Federal Home Loan Bank
FHLM - Federal Home Loan Mortage Corporation
FNMA -Federal National Mortgage Association
Two year Treasury 4.10%
Weighted Interest 4.10%
Weighted maturity 1.48 Years

It is also certified that enough liquid resources (including maturities and anticipated revenues) are available to meet the next six months' cash flow.

Carolina Yuen

CITY TREASURER

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS

SOURCE OF FUNDING
July 31, 2025
19 F.

FACE MARKET FACE FACE

INVESTMENT VALUE OF VALUE OF VALUE OF VALUE OF

NAME OF DEPOSITORY TYPE INVESTMENT INVESTMENT INVESTMENT INVESTMENT WELLS FARGO Checking A/C $ 1,225,118 $ 1,225,118 $ 3,213,604 $ (1,988,487) (61.9%) $ 3,994,383 $ (2,769,265) (69.3%) STATE FUND (LAIF) Deposit on call $ 5,210,851 $ 5,210,851 $ 8,649,268 $ (3,438,418) (39.8%) $ 1,598,096 $ 3,612,755 226.1% Other Investments
Sub-total BNY Mellon $ 23,539,039 $ 23,483,409 $ 23,465,803 $ 73,236 0.3% $ 27,581,950 $ (4,042,911) (14.7%) Sub-total Cash with Fiscal Agents $ 8,085,369 $ 8,049,484 $ 35,884 0.4% $ 8,160,939 $ (75,571) (0.9%) Total other investments $ 31,624,408 $ 31,515,287 $ 109,121 $ 35,742,889 $ (4,118,481) TOTAL INVESTMENTS & CASH BALANCES $ 38,060,376 $ 29,919,378 $ 43,378,160 $ (5,317,784) (12.3%) $ 41,335,368 $ (3,274,991) (7.9%) -
Change in Face Value Change in Face Value

CITY OF BRISBANE

CASH BALANCES & INVESTMENTS
Comparative Review
July 31, 2025
Previous Month Previous Year

2.50%

3.00%

3.50%

4.00%

4.50%

5.00%

5.50%
Interest Rates
2-year Treasury
LAIF
BNY Mellon Money
Market
City's Portfolio
Weighted Interest
July 2025 Review
The City's overall investments and cash balances had a net decrease of $5.3M over the previous month due to annual Unfunded Pension Liability payment of $2.8M, Smart Corridor project and utility purchase payments.

WFB was replenished with $3M of LAIF funds
As reflected on Page 1, the BNY Mellon agency bonds subtotal ended at $15M. The net decrease was due to the maturity of one $1M bond earning

4.05%. A $1M bond earning 5.15% was called, but replaced with a bond earning 4.85%. Despite moving funds from LAIF to Wells Fargo to replenish large payments, the City's portfolio weighted interest increased to 4.10%, and remained on par with the 2-year Treasury rate benchmark.

The City's Cash with Fiscal Agents July 2025 $8M balance is primarily comprised of $6.7M of the PARS trust accounts and $1.4M of the 2023 Bond proceeds held in trust, as reflected on Page 1. The month-to-month balance remained relatively flat.
20 F.

File Attachments for Item:

G. Approve the Brisbane Dance Workshop Holiday Craft Fair Application for Event Cosponsorship 21 BDW Craft Fair Application for Event Cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 4, 2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks and Recreation Director
Subject: Brisbane Dance Workshop Holiday Craft Fair Application for Event Cosponsorship
Recommendation
Staff recommends approval of the Brisbane Dance Workshop (BDW) Holiday Craft Fair as a cosponsored event.

Background
Founded in 1982, Brisbane Dance Workshop (BDW) is a non-profit organization established to provide creative, and skill based performing arts to children ages 3 and older. BDW embraces a real challenge in teaching dance: to preserve the innocence, playfulness and creativity in a child while developing the more demanding technical and aesthetic aspect of the performing arts. BDW has staged over thirty original performances involving children and adults and offers a wide range of classes such as: Ballet, Modern, Hip Hop, Composition, Creative Movement, Acting, Voice, and Improvisation. BDW offers scholarships to students who participate in BDW classes as well as scholarships for students who have a proven record of dedication and wish to expand their learning experience outside Brisbane.

BDW strives to create holiday cheer for all by hosting their annual Arts & Crafts Fair at the Mission Blue Center. They coordinate over 30 artists & makers to host booths to sell their handmade items and provide live music throughout the day for eventgoers. They also operate concessions and a photo studio for Santa photos. This event is open to people of all ages and helps to support the mission of the Brisbane Dance Workshop.

BDW requests continued support from the City for the compensated use of Mission Blue, waiver of insurance requirement, facility staff time, and assistance promoting the event to the community.

Discussion
Brisbane Dance Workshop will hold their annual Holiday Arts & Crafts Fair at the Mission Blue Center on Saturday, December 6
th from 11am-4pm. Since they are a resident non-profit group 22 G.

BDW Craft Fair Application for Event Cosponsorship Page 2 of 2 and the event is open to the general public, they qualify as a Group II permittee and are therefore eligible for free use of the facility and waiver of the deposit requirement.

Fiscal Impact
The Brisbane Dance Workshop is requesting support from the City as summarized in the table below. They have requested use of the Mission Blue Center for the event. Use of the facility and the deposit are waived as part of their Group II designation.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 13 hours @
$371/hour = $4,823
(including set up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit
$500
(Typically refundable absent
damages)
Waived per City policy for Nonprofit use
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

File Attachments for Item:

H. Approve the Lions Club Fun Run & Pumpkin Patch Application for Event Co-sponsorship 26 Lions Club Fun Run & Pumpkin Patch Application for Cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 4, 2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks and Recreation Director
Subject: Lions Club Fun Run & Pumpkin Patch Application for Cosponsorship
Recommendation
Approve the Brisbane Lions Club Fun Run & Pumpkin Patch application for a cosponsored event.

Background
The Brisbane Lions Club is a 501(c)(3) committed to serving the community. Lions Clubs are spaces where individuals join together to give their time and effort to improving their communities, and the world. They help the community get vision and hearing care and equipment. They support the students in the community through the scholarship program and provide opportunities for scholarships to any college enrolled student who lives in Brisbane.

Discussion
The Fun Run & Pumpkin Patch will be held on Saturday, October 18th, 2025, from 9:00am2:00pm at the Brisbane Community Park Gazebo, Picnic Areas 1,2,3, and Lawn Areas 1,2. The event is a pumpkin patch and a check in area for the fun run along with a BBQ. The Brisbane Lions Club qualifies under the Group II category for use permits as a non-profit group serving the Brisbane community. Meeting the Group II requirements with the events open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
The Brisbane Lions Club is requesting support from the City as summarized in the table below.

Use of the facility and the deposit are waived as part of their Group II designation.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Rental of Community Park
Gazebo
Approximately 5 hours @
$80/hour = $400
(including set up/clean up)
Waived per City policy for Non-profit use
Daily Rental of Community
Park Picnic Areas 1, 2, 3
$164/day x 3 areas = $492
(including set up/clean up) Waived per City policy for Non-profit use 27 H.

Lions Club Fun Run & Pumpkin Patch Application for Cosponsorship Page 2 of 2 Daily Rental of Community
Park Lawn Areas 1, 2
$257/day x 2 areas = $514
(including set up/clean up) Waived per City policy for Non-profit use Community Park Gazebo
Rental Deposit
$200
(Typically refundable absent
damages)
Waived per City policy for Non-profit use
Promotional and Marketing
Support Requesting to be waived
Attachments

1. Cosponsorship application
Jeff Franco
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 28 H.
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? 1947 How has your organization contributed to the Brisbane community in the past 2 years? We have provided over $125,000 in scholar awards to 81 brisbane students. we have provided financial support to various community member s in need. We have also helped a family rebuild their home after the mud slides in 2023. _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose? To Serve the community of Brisbane. Our Lions club motto is "We Serve". _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ 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
Name of Contact Person: _Lion Sharon Contact Person’s Phone: 650.280.8468 Contact Person’s Email: [email protected]
Name of Organization: Brisbane Lions Club Organization’s Website: BrisbaneLions.org Organization’s Address or P.O. Box: P.O. Box 317, Brisbane, CA, 94005 Circle ONE of the following items below that best describes your organization.

EVENT DETAILS
Name of Event: The Fun Run and Pumpkin
Patch
(mm/dd/yy): 10/18/2025
Event Day of Week: Saturday
Event Location: Community Park: Specifically the Gazebo in case of Rain. The Grass Area out in Front of the Gazebo Area. The Picnic table Areas
Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) Lions BBQing Hot Dogs, Hamburgers and Veggie Burgers for the fun run. The Lions Pumpkin patch out in the grass area. The Check in for the Fun Run at the picnic table area. BBQing will take place in the Picnic Bench area.

Will there be any fundraising at this event? Yes If yes, what will the funds raised be used for? Brisbane Community Member Needs Are there any admission fees for this event? No 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.) Page 1/2 Event Set-up Start Time: 8:00am
Event Start Time: 9:00am
Event Close Time: 2pm
29 H.

City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure some-one 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? No If yes, this permit is required smchealth.org/food-program Will alcoholic beverages be served or sold at your event? NO 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? NO If yes, you must obtain a Brisbane Encroachment Permit It would be great if the city would block off parking on San Francisco St so we can park the trailer and truck there the night before
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) Yes
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

Page 2 ends

Social Media?
Programs?
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.

Applicant Signature______________________________________ Date 07/28/2025 30 H.

File Attachments for Item:

I. Approve the Lions Club Senior Holiday Luncheon & Worldwide Candle Lighting Applications for Event Co-sponsorships
31 Lions Club Event Cosponsorship Applications for 12/14/2025 Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 4, 2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks and Recreation Director
Subject: Approve the Lions Club Senior Holiday Luncheon & Worldwide Candle Lighting Applications for Event Cosponsorships
Recommendation
Approve the Brisbane Lions Club Senior Holiday Lunch & Worldwide Candle Lighting applications for cosponsored events.

Background
The Brisbane Lions Club, formed in 1947, is a 501(c)(3) committed to serving the community.

Lions Clubs are places where individuals join together to give their time and effort to improve their communities, and the world. They help the community get vision and hearing care and equipment. They support the students in the community through the scholarship program, and they provide opportunities for scholarships to any college enrolled student who lives in Brisbane.

Discussion
The Holiday Senior Lunch will be held on Sunday, December 14th, 2025, from 9 AM to 2 PM at the Mission Blue Center. This event is a holiday themed lunch for local seniors in the community. The Worldwide Candle Lighting will also be held on Sunday, December 14th, 2025, from 2 PM to 9 PM at the Mission Blue Center. This event is a gathering of families to honor loved ones who are not with us anymore. There will be a memorial service as well as craftmaking. The Brisbane Lions Club qualifies under the Group II category for use permits as a non-profit group serving the Brisbane community. Meeting the Group II requirements with both events open to the general public qualifies them for free use of the facility and waives the deposit requirement.

Fiscal Impact
The Brisbane Lions Club is requesting support from the City as summarized in the table below.

Use of the facility and the deposit are waived as part of their Group II designation. 32 I.

Lions Club Event Cosponsorship Applications for 12/14/2025 Page 2 of 2

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 12 hours @
$371/hour = $4,452
(including set up)
Waived per City policy for Nonprofit use
Mission Blue Rental Deposit
$500
(Typically refundable absent
damages)
Waived per City policy for Nonprofit use
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 33 I.
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? 1947 How has your organization contributed to the Brisbane community in the past 2 years? We have provided over $125,000 in scholar awards to 81 brisbane students. we have provided financial support to various community member s in need. We have also helped a family rebuild their home after the mud slides in 2023. _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ What is your organization’s mission and/or purpose? To Serve the community of Brisbane. Our Lions club motto is "We Serve". _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ 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

EVENT DETAILS
Name of Event: World Wide Candle Lighting
(mm/dd/yy): 12/14/2025
Event Day of Week: Sunday
Event Set-up Start Time: 2:00pm
Event Start Time: 6:00pm
Event Close Time: 9:00pm
Event Location: Mission Blue
Reservation Permit Number (if applicable): _________________________ Describe what can be expected from this event? (ex. Performance, shopping, activities, etc.) Families Remembering thier loved ones with crafts, stories and music.

Will there be any fundraising at this event? no If yes, what will the funds raised be used for? Are there any admission fees for this event? No 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.) Page 1/2 34 I.

City Staff must be present to accommodate the use of any of our indoor facilities. The following schedule will be used to ensure some-one 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):_12/14/2025___ Opening Time: 2pm___________ Closing Time: 9pm__________ 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

Traffic Permits
Will this event require any street or parking closures? NO 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.

USE AGREEMENT & LIABILITY RELEASE

Page 2 ends

Applicant Signature______________________________________ Date 07/28/2025 35 I.

File Attachments for Item:

J. Approve the Chamber of Commerce “The Showbroads” Application for Event Co-sponsorship 36 Brisbane Chamber of Commerce “The Showbroads” Application for cosponsorship Page 1 of 2

CITY COUNCIL AGENDA REPORT
Meeting Date: September 4, 2025
From: Jeff Franco, Recreation Coordinator
Noreen Leek, Parks and Recreation Director
Subject: The Chamber of Commerce “The Showbroads” Application for Event Cosponsorship
Recommendation
Staff recommends approval of the Brisbane Chamber of Commerce’s “The Showbroads” application for a cosponsored event.

Background
The Brisbane Chamber of Commerce (Chamber) is a Non-profit 501(c)(6) organization created through a partnership of businesses, civic leaders, and residents working together to enhance Brisbane’s economic landscape. The Chamber assisted small businesses throughout the COVID19 pandemic with critical information about protocols and funding opportunities and partnered with the City of Brisbane to distribute grants. The Chamber continues to print The Luminary (Brisbane’s only newspaper), offer scholarships to college students, partner with Lipman Middle School on a job shadowing day, create wooden holiday stars for residents, and sponsor the Brisbane Garden Show.

Discussion
“The Showbroads”, will be held on Saturday, October 10th, 2025 from 6:30-8:30pm at the Mission Blue Center. The event will include a cabaret performance with refreshments and is structured as a fundraiser for the Chamber of Commerce. The Chamber of Commerce qualifies under the Group II category for recreation facilities indoor use permits as a non-profit group serving the Brisbane community. Meeting the Group II requirements with the event open to the general public qualifies the Chamber for free use of the facility and waives the deposit requirement.

Fiscal Impact
The Brisbane Chamber of Commerce is requesting support from the City as summarized in the table below. Use of the facility and the deposit would be waived as part of their Group III designation.

FINANCIAL IMPACT SUMMARY BASED ON APPLICATION
Hourly Rental of Mission Blue
Center
Approximately 8 hours @
$371/hour = $2,968
(including set up)
Waived per City policy for Nonprofit use
37 J.

Brisbane Chamber of Commerce “The Showbroads” Application for cosponsorship Page 2 of 2 Rental Deposit
$500
(Typically refundable absent
damages)
Waived per City policy for Nonprofit use
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
Use of existing theatre lighting
at Mission Blue Waived
Lighting Technician
The City does not traditionally cover this cost and therefore it is the responsibility of the Non-profit organization to hire and pay a lighting technician.

Promotional and Marketing
Support
Waived
ABC License for alcoholic
beverage sales
The City does not traditionally cover this cost and therefore it is the responsibility of the Non-profit organization to pay associated fees.

Attachments

1. Cosponsorship application
Jeff Franco, Recreation Coordinator
___________________________________ ___________________________________ Noreen Leek, Parks & Recreation Director Jeremy Dennis, City Manager 38 J.

This application must be submitted to the Parks & Recreation Department at least (90) working days prior to the requested event.

City ofBrisbane

COSPONSORSHIP APPLICATION
Name of Event: _______________________________________________ Event Set-up Start Time: _______________ Event Day of Week: ____________________________________________ Event End Time: ________________ Event Location: _______________________________________________ Describe what can be expected at this event? (ex. Performance, Dinner, 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.) 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 added value to the Brisbane community in the past? _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________ Name of Contact Person: __________________________________ Phone: ___________________________________ Email: ____________________________________________________________________ Name of Organization: ___________________________________ Organization Website: ___________________________________ Organization Address or P.O. Box: ________________________________________________________________________

Page 1 ends

What is your organization’s mission and/or purpose?
Event Date (mm/dd/yy): ________________________________________ Circle ONE of the following descriptions below that best describes your organization:

Event Start Time: ________________
_________________________________________________________________________________________________________________ Phone: (415) 508-2140 | Email: [email protected] | Office: 50 Park Place, Brisbane, CA 94005

EVENT DETAILS

APPLICANT INFORMATION
(If you are requesting multiple days & times, please attach those details on a separate sheet of paper.) 39 J.

To request promotional support, please circle the specific areas you would like support with. (Please note: promotional support is not guaranteed. Any graphics or content for your event are expected to be provided by the applicant.) If you would like to request any equipment for an outdoor event, please include those details below. (If your event is at one of our indoor facilities, you my indicate your
equipment needs on the rental layout.) Bluetooth Speaker? ______ with Microphone? ______ Projector & Screen? ______
*Theatrical Lighting? ______ with *Lighting Technician? _____ *Theater Risers? ______
Will this event require any street or parking closures? _____ If yes, you must obtain a Brisbane Encroachment Permit Do you wish to use amplified sound at this event? _____ If yes, you must submit an Brisbane Amplified Sound Permit Application 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.

Quantity: Item:
____________ 6ft Long Rectangle Tables
____________ Chairs
____________ 10ft x 10ft Canopy/Pop-up Tent
____________ Weighted Sandbags
Will alcoholic beverages (beer/wine) be 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.

Will any food or non-alcoholic beverages be sold at your event? _____ If yes, this permit is required smchealth.org/food-program City Staff must be present to accommodate the use of any indoor facilities. The below requested times will be used to ensure staff will be available when you need to access the facility. (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: ______________

Page 2 ends

PERMITS

ADDITIONAL SUPPORT

EQUIPMENT USE REQUEST

INDOOR FACILITY ACCESS REQUEST

USE AGREEMENT & LIABILITY RELEASE
Traffic Permits
Amplified Sound Permits - Outdoor Events Only
Food & Beverage Permits - Outdoor Events Only
a. Brisbane Signboards b. Social Media c. City Website d. City Publications Other: ____________________________ Applicant Signature______________________________________ Date________________ Mission Blue Center ONLY
If your event will be at the Mission Blue Center, please indicate if you wish to request any of the equipment listed below.
*Any additional fees associated with reservation of special equipment will be the responsibility of the applicant, and may require additional planning time.

Alcoholic Beverage Permit

ADMINISTRATIVE SECTION
Facility Application? _____ Permit # ______________ CC Report Due _________ CC Meeting Date: ____________ Do you intend to sell goods of any kind at your event? _____ If yes, you must have a valid Brisbane Business License Brisbane Business License
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File Attachments for Item:

K. Approve the Agreement Between the City of Brisbane and the San Mateo Pre-Hospital Emergency Medical Services Group for Personnel Services and Office Space 41 CITY COUNCIL AGENDA REPORT
Meeting Date: September 4, 2025
From: Jeremy Dennis, City Manager
Subject: The San Mateo Pre-Hospital Emergency Medical Services Group Agreement for Personnel Services and Office Space Recommendation
Staff recommends the City Council approve the agreement between the City of Brisbane and the San Mateo Pre-Hospital Emergency Medical Services Group (SMCPHEMSG) for personnel services and office space.

Background
The San Mateo County Pre-Hospital Emergency Medical Services Group (Medical Group) provides a valuable service to the residents and visitors of San Mateo County. Pursuant to its Joint Powers Agreement, the Medical Group staffs advanced life support, first response fire companies to respond to all 911 emergency medical requests, to work in tandem with the City’s hospital transport and support partners. As a joint power authority (JPA), the Medical Group is a legally established entity that allows members to jointly exercise common powers. The Medical Group works to ensure the county, fire, and ambulance services work in conjuncture and provides seamless response to all patients.

The Medical Group’s Board of Directors is responsible for the approval of the budget each fiscal year, setting forth all anticipated administrative, operational, and capital expenses for the JPA, and the approval of contracts with its partner agencies. Each of the 18 member groups appoints one elected representative from its own governing bodies to the Board to serve as long as they also hold office in their perspective city or district.

The City of Brisbane is one of the 18 member agencies of the JPA. Councilmember Frank Kern currently serves as the City’s representative on the Board. Brisbane, along with the other member agencies, provide funds to the Medical Group for its operation.

Recently, the Medical Group made a request to the City to use a portion of 25 Park Place for its office space and to utilize one of the City’s employees to provide administrative support services. The Medical Group would pay for the space and the support services. There is adequate space at 25 Park Place to accommodate that request and, given the limited amount of time that the City employee would be needed for support services, that request could also be accommodated. Accordingly, staff has prepared a draft Agreement between the City and the Medical Group and is recommending Council approve the Agreement. 1 42
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The Agreement states that the City shall provide personnel services by way of an Administrative Management Analyst for up to an average of 10 hours per week and potentially other City staff or consultants retained by the City on an as-needed basis, upon approval of the City Manager.

The Agreement also provides the Medical Group will pay the City each month starting at $300 per month with a 3% increase each January for use of the office space. There is also a 10% administrative fee assessed to cover the costs of services related to payroll and invoice processing.

Fiscal Impact
The City anticipates receiving approximately $51,000 in FY 26 for staffing reimbursements, rent, and the administrative fee.

Attachments

1. Agreement between the City of Brisbane and the San Mateo Pre-Hospital Emergency Medical Services Group for Personnel Services and Office Space ___________________________________
Jeremy Dennis, City Manager
2 Discussion
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AGREEMENT BETWEEN THE CITY OF BRISBANE

AND THE SAN MATEO PRE-HOSPITAL EMERGENCY MEDICAL SERVICES GROUP

FOR PERSONNEL SERVICES AND OFFICE SPACE
This Agreement, dated _________________, 2025, is by and between the City of Brisbane, a municipal corporation (“City”) and the San Mateo Pre-Hospital Emergency Medical Services Group, a joint powers authority (“JPA”).

RECITALS
WHEREAS, the City is a member of the JPA and the JPA needs assistance with personnel and office space; and
WHEREAS, the City is willing to provide assistance to the JPA with regard to personnel and office space;
NOW THEREFORE, in consideration of the mutual terms, covenants, and conditions set forth in this Agreement, the parties agree as follows:

1. Effective Date and Term: This Agreement shall be effective __________________, 2025 and run through ________________________, provided that the parties may extend the term upon mutual written agreement.

2. Personnel: The City shall provide the following personnel services:
a. An Administrative Management Analyst for up to an average of 10 hours per week. b. Other City staff or consultants retained by the City on an as-needed basis, such as technological services for the JPA website, upon the approval of the Brisbane City Manager.

3. Office Space: 25 Park Place, Suite B, Brisbane, CA 94005.

4. Compensation: Compensation for personnel, office space, and other costs shall be as set forth below.
a. For providing the Administrative Management Analyst services to the JPA, City shall receive compensation in the amount of one thousand fifty dollars ($1,050.00) per month, regardless of the number of hours provided by the Analyst, plus an hourly rate of _____________________ ($__________) for each hour, or portion thereof, that the Analyst spends on JPA matters. The hourly rate will increase in correlation with any salary adjustments, including but not limited to, step increases and COLA adjustments. 3 44
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b. Other City staff time shall be at the hourly rate for the person in the classification providing the services. The hourly rate will increase in correlation with any salary adjustments, including but not limited to, step increases and COLA adjustments. For consultants retained by the City who provide services to the JPA, the rate will be the hourly rate that the City is charged for those services.
c. Office space shall be at the rate of $300 per month. The monthly amount shall increase 3% each January. See Schedule ___________ for rent and rent increases. d. Administrative cost at the rate of ten percent (10%) of the monthly invoiced amount to cover costs of services related to payroll and invoice processing.

5. Invoices: City shall invoice JPA on a periodic basis. JPA shall remit payment no later than 30 days after receiving the invoice.

6. Notices: Any notices required pursuant to this Agreement shall be given in writing to the addresses provided below. Notices may be transmitted by email. Either party may update the address information as necessary.

To City:

To JPA:

7. Termination: Either party may terminate this Agreement upon ninety days’ written notice.

8. Governing Law and Venue: This Agreement shall be interpreted by the laws of the State of California. Venue for any action or proceeding regarding this Agreement shall be in San Mateo County.

9. Entire Agreement: This Agreement constitutes the entire understanding of the parties.

This Agreement supersedes any prior contracts, agreements, negotiations or understanding, whether written or verbal, between the parties.

10. Enforceability: If any term, provision or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full
In Witness Whereof, the parties have executed this Agreement. 4 45
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SAN MATEO PRE-HOSPITAL EMERGENCY

MEDICAL SERVICE GROUP
_____________________________________
Executive Director

CITY OF BRISBANE
________________________
Jeremy Dennis, City Manager

APPROVED AS TO FORM
________________________ City Attorney
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File Attachments for Item:

L. Consider Introduction of an Ordinance Amending Brisbane Municipal Code Chapters 15.10,

17.02, 17.12, 17.16, 17.32, 17.34, And 17.43 to Amend Regulations Pertaining to Accessory Dwelling Units and Junior Accessory Dwelling Units
(This item is for a Zoning Text Amendment 2025-RZ-02; Citywide; Zoning Text Amendments to update the City’s existing Accessory Dwelling Unit regulations to comply with current State law; and finding that this project is statutorily exempt from environment review under CEQA Guidelines Section 15282(h) because it involves adoption of an ordinance regarding second units in single-family and multifamily residential zones; City of Brisbane, applicant.) 47 ADU Ordinance Update Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: September 4, 2025
From: John Swiecki, Community Development Director
Subject: Zoning Text Amendment 2025-RZ-02; Introduction and first reading of draft ordinance to update the City’s existing Accessory Dwelling Unit (ADU) regulations; and finding that this project is statutorily exempt from environment review under CEQA Guidelines Section 15282(h).

Recommendation
Staff recommends introduction of an ordinance amending the Brisbane Municipal Code (BMC) to modify the regulations governing Accessory Dwelling Unit (ADU) development within the City, as provided in Attachment A, to comply with state law.

Background
Since the last comprehensive update to the City’s ADU Ordinance in October 2020, the State has adopted several bills to further incentivize the construction of ADUs as a part of legislative packages related to the statewide housing crisis. Starting in 2022, the California State Legislature passed laws pertaining to streamlining ADU permitting, increasing the number of ADUs allowed per lot, and reducing local and/or discretionary review of ADUs. (See Attachment C of Attachment 3 for a detailed summary of new state ADU laws.)
On May 8, 2025, the Planning Commission by unanimous vote adopted Resolution 2025-RZ-02 recommending approval of zoning amendments to achieve consistency with the new state regulations within Titles 15 and 17 of the BMC. The City’s current ADU regulations are not in compliance with state law and must be updated.

Discussion
Minimum Statutory Requirements
The amendments would bring Brisbane’s ADU ordinance into compliance with state ADU law and do not go beyond the minimum statutory requirements, except regarding the height limit for detached ADUs which is discussed later. The attached May 8, 2025 Planning Commission agenda report provides a detailed review of the proposed zoning text amendments (see Attachment 3), while a snapshot of significant amendments is provided below:
• Cross-Reference to city and state SB 9 Legislation related to the maximum number of ADUs and JADUs allowed on a lot utilizing the provisions of SB 9 (a total of 4 dwelling units is allowed, inclusive of primary units, ADUs, and JADUs); • Eliminate the requirement for an ADU Permit within the Brisbane Acres Residential District;
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ADU Ordinance Update Page 2 of 3
• Increase the number of ADUs allowed per single-family lot to 2 ADUs plus one JADU; • Increase the number of ADUs allowed per multi-family lot to as many as 9; • Redesignate “Unrestricted ADUs” as “State-exempt ADUs”; and • Allow State-exempt ADUs to be constructed in front setback areas Since Chapter 17.43 must be revised to comply with new state legislation, a number of other related BMC sections must be amended to maintain consistency within the zoning ordinance as well as with Title 15. Such updates include:
• Updating certain definitions in the zoning ordinance; • Adding setback exceptions specifically for ADUs;
• Amending the language of off-street parking requirements to match state law; and • Amending language in BMC Chapter 15.10 to be consistent with new height limits for detached ADUs
Detached ADU Height Limitation
As mentioned previously, the draft ordinance does not extend regulations beyond the minimum statutory requirements, except regarding the height limit for detached ADUs. (The draft ordinance does not change what is currently allowed under the BMC for attached ADUs.) Specifically, state law establishes a minimum height limit of 18 feet for detached ADUs within a half mile radius of “major transit stops” as defined by the state, which is 2–feet taller than the otherwise state–established height minimum of 16 feet. Attachment 4, shows the half-mile radius of major transit stops, as defined by the State, where the 18-foot height standard applies.

The Planning Commission recommended the adoption of a singular maximum height limitation of 18 feet for detached ADUs citywide. It was the Commission’s belief that a uniform standard would be more equitable than utilizing the State’s language which would allow some detached ADUs to be two feet taller than other ADUs, even within the same zoning district or on the same street. Additional discussion on detached ADU height is provided in the attached Planning Commission Agenda Packet.

Fiscal Impact
None.

Attachments

1. Redline Copy of proposed Zoning Text Amendments

2. Draft Ordinance

3. May 8, 2025, Planning Commission Resolution 2025-RZ-02 and Agenda Report, including an excerpt from California Department of Housing and Community Development ADU Handbook (January 2025) summarizing new state legislation

4. Half-Mile Radius of Major Transit Stops in Brisbane
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ADU Ordinance Update Page 3 of 3
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager 3 , Principal Planner/ for
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Chapter 15.10 - Additions, alterations, and major rebuilds to existing buildings.

15.10.010 - Authority.

The building official or the building official's designee shall have the authority to enforce the provisions of this Chapter.

15.10.020 - Coordination with other Chapters.

This Chapter is intended to establish requirements which are in addition to, and not in replacement of, any other ordinance, rule, regulation, or policy of the city which may be applicable to the proposed development project, including any of the codes adopted by this Title 15 and the requirements of Section 17.01.060 of this title.

15.10.030 - Applicability.

This Chapter shall apply to additions, alterations, or major rebuilds, as defined in Section

15.10.040 of this Chapter, to a lawfully constructed building completed within any five (5) year period. The date of completion shall normally be established as the date on which the City grants final inspection approval of the work.

15.10.040 - Definitions.

For the purposes of this Chapter 15.10 the following definitions apply:

A. “Addition and Alteration” shall mean new floor area added to an existing lawfully constructed building and/or changes to the existing floor area of a lawfully constructed building, which calculated together or apart constitute fifty (50) percent of the preexisting floor area of the building. The conversion or recognition of non-habitable rooms to habitable space may be included in the calculation of alteration of space, at the discretion of the building official.

B. “Major rebuild” shall mean removal of seventy-five percent (75%) or more of the combined surface area of the interior walls and ceilings of the habitable rooms of a building or structure to expose support members.

C. “Floor Area” shall mean the sum of the gross horizontal areas of all floors of all buildings or structures measured from the interior face of the exterior walls, but excluding each of the following:

1. Any area where the floor to ceiling height is less than six (6) feet.

2. Any detached garage or other detached accessory structure which does not constitute habitable space.

3. Any attached carport or covered deck.

4. Any attached or detached accessory dwelling unit eight hundred (800) square feet or less in gross horizontal area that, if detached, does not exceed sixteen eighteen (1618) feet in height, where authorized pursuant to Chapter 17.43 of Title 17 of this Code.

D. "Standards for new construction" shall mean:

1. The requirements of the California Buildings Code adopted by this Title 15; and 4 51
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2. The storm water management and discharge requirements established by Chapter 13.06 of Title 13; and

3. The standard specifications and street standards adopted by Section

12.24.010 of Title 12.

E. “Hardship” means some verifiable level of difficulty or adversity, beyond the control of the applicant, by which the applicant cannot reasonably comply with the requirements of this Chapter.

15.10.050 - Compliance Standards.

For applicable projects, the entire building shall be brought into conformity with the standards for new construction that the building official determines to be necessary or appropriate to eliminate existing health or safety hazards, including, but is not limited to, defects in structural integrity, defective or inadequate electrical installations, defective or inadequate fire sprinklers, sanitary sewer or storm drainage facilities, and substandard street access to the property.

15.10.060 - Exceptions.

A. Standard Exceptions. The following standard exceptions to Section 15.10.050 shall apply:

1. The area of any additions and/or alterations not exceeding a cumulative total of four hundred (400) square feet within any five (5) year period.

2. The conversion of existing floor area in an existing single-family or multiplefamily dwelling to an accessory dwelling unit where authorized pursuant to Chapter 17.43 of Title 17.

3. The area of any addition and/or alteration for the creation or expansion of an attached or detached accessory dwelling unit eight hundred (800) square feet or less in floor area where authorized pursuant to Chapter 17.43 of Title 17. If detached, the accessory dwelling unit may not exceed sixteen eighteen (1618) feet in height.

4. Work involving exterior surfaces, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.

5. Alterations, renovations or repairs which do not essentially change the uses of the rooms within the building.

B. Other Exceptions. Where the above listed exceptions do not apply, the building official shall have authority on a case-by-case basis to grant modifications of any such requirements for the standards of new construction if the building official is able to find and determine that:

1. Compliance with the requirement will cause unreasonable hardship; or

2. The modification does not reduce any requirements for fire protection or any requirements relating to structural support and integrity; or 5 52
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3. The modification does not create any new or increased hazard to the health or safety of the occupants of the existing building or structure. 6 53
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17.02.235 - Dwelling.
"Dwelling" means a place that is used as the personal residence of the occupants thereof, including transitional housing as defined in California Health and Safety Code Section 50675.2(h) and supportive housing as defined in California Health and Safety Code Sections 50675.14(b)(2) and (3). The term includes factory-built or manufactured housing, such as mobile homes, but excludes trailers, campers, tents, recreational vehicles, hotels, motels, boarding houses and temporary structures.

A. "Duplex dwelling" means a building containing two dwelling units totally separated from each other by a wall, floor or ceiling; provided, however, that a building containing a single-family dwelling and a lawful accessory dwelling unit or junior accessory dwelling unit shall not be deemed a duplex.

B. "Dwelling group" means a group of two (2) or more detached buildings located upon the same site, each of which contains one or more dwelling units.

C. "Dwelling unit" means a room or group of rooms including living, sleeping, eating, cooking and sanitation facilities, constituting a separate and independent housekeeping unit, designed, occupied, or intended for occupancy by one family on a permanent basis. Permanent residency shall mean continuous occupancy of the dwelling unit for a period of thirty (30) days or more.

D. "Multiple-family dwelling" means a building or site containing three (3) or more dwelling units (also see "duplex"). The term includes single-room-occupancy dwelling units, typically comprised of one or two (2) rooms (which may include a kitchen and/or a bathroom, in addition to a bed), that are restricted to occupancy by no more than two (2) persons.

E. "Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in section 17958.1 of the Health and Safety Code.

1.2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

E.F. "Junior accessory dwelling unit" means a dwelling unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family dwelling.

A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they: (1) must include the conversion of existing, legally permitted floor area within an existing single-family dwelling; (2) must be owner occupied, or the main dwelling be owner occupied; and (3) are subject to unique standards that are not applicable to accessory dwelling units, as specified in Chapter 17.43 of this Title.
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F.G. “Primary dwelling unit” or “Main Dwelling” means a dwelling unit that is not an accessory dwelling unit or a junior accessory dwelling unit.

G.H. "Single-family dwelling" means a dwelling unit constituting the only principal structure upon a single site (excluding any lawfully established accessory dwelling unit that may be located within the same structure on upon the same site). The term includes employee housing for six (6) or fewer persons, residential care facilities, licensed by the state to provide twenty-four-hour nonmedical care, serving six (6) or fewer persons (not including the operator, the operator's family or persons employed as staff) in need of supervision, personal services, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Also see "Group care home" for seven (7) or more persons.
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17.12.020 - Permitted uses. (R-BA)
The following permitted uses shall be allowed in the R-BA district:

A. Single-family dwellings.

B. Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

C. Home occupations, conducted in accordance with the regulations prescribed in Chapter 17.44 of this title.

D. Small family day care homes.

E. Large family day care homes.

F. Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter 17.43 of this title.

F. Accessory dwelling units and junior accessory dwelling units, when authorized by a permit under Chapter 17.43 of this title.

Chapter 17.32.070 - Exceptions – Setback requirements.

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

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

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

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

Side setback area: May extend three (3) feet from the building into the side setback area, but no closer than two and one-half (2½) feet from the side lot line. Rain gutters and downspouts may extend no closer than two (2) feet from the side lot line. In the R-1 district, a noncombustible awning over the main entrance to a residence located at the side of the structure may extend four (4) feet from the building into any portion of the side setback area, but shall not extend over or drain onto the abutting property.
b. Cantilevered Windows No Greater Than Ten (10) Feet in Length That Do Not Include Any Floor Area (Such as Bay, Box, Bow, and Greenhouse Windows).
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Front setback area: May extend three (3) feet from the building into the front setback area, but no closer than five (5) feet from the front lot line.

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

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

Front setback area: May extend five (5) feet from the building into the front setback area, but no closer than five (5) feet from the front lot line. Decks may be located atop a garage or carport approved
under Section 17.32.070(A)(3)(a) and may extend to the front of the garage, but the railings of such deck may not exceed fifteen (15) feet in height above the elevation of the center of the adjacent street or four (4) feet from the surface of the deck, whichever is less, while at the same time maintaining the minimum railing height required by the building code.

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

Side setback area: No exception permitted.

Modifications. The planning commission may approve a modification to the foregoing exceptions if there are not more than two (2) units on the site and the planning commission is able to make all of the following findings:
i. The modification is necessary in order to gain access to the property or to the dwelling unit on the property.
ii. The modification is necessary because of unusual or special circumstances relating to the configuration of the property. iii. The visual impacts of the modification have been minimized. d. Deck Railings within Setback Areas.

Front setback area: May not be higher than four (4) feet from the surface of the deck.

Rear setback area: May not be higher than four (4) feet from the surface of the deck. 10 57
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Side setback area: No exception permitted.
e. Stairs, Ramps and Landings (That Are Open and Uncovered and Serve Buildings with No More Than Two Units).

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

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

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

Modifications. The planning commission may approve a modification to the foregoing exceptions for stairs, ramps and landings if there are not more than two units on the site and the planning commission is able to make all of the following findings:
i. The modification is necessary in order to gain access to the property or to the dwelling unit on the property.
ii. The modification is necessary because of unusual or special circumstances relating to the configuration of the property. iii. The visual impacts of the modification have been minimized.

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

All Setback Areas. Accessibility improvements, such as ramps, elevators and lifts, may be allowed within any front, rear or side area setback upon the granting of an accessibility improvement permit by the zoning administrator, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent 11 58
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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.

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

Front setback area: No exception permitted.

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

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

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for small accessory buildings and roofed structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:
i. The modification will not result in overbuilding the site or result in the removal of significant greenscape.
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ii. The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.
iii. The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

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

Front setback area: May not exceed eight (8) feet in height or cover more than fifteen percent (15%) of the front setback area.

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

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

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for unroofed and openwork roofed garden structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:
i. The modification will not result in overbuilding the site or result in the removal of significant greenscape.
ii. The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.
iii. The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

3. Miscellaneous Improvements.
a. Garages and Carports and Parking Decks on Slopes of Fifteen Percent (15%) or Greater.
b. Decorative Artwork, Ponds, Fountains and Similar Water Features, Not More Than Six (6) Feet in Height.
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c. Existing Permitted Garages or Accessory Buildings Converted into Accessory Dwelling Units.

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

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

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

4. Detached Accessory Dwelling Units
a. Exceptions to the setback requirements for detached accessory dwelling units shall be as established in Chapter 17.43. a.b. Attached accessory dwelling units within a principle or primary are subject to the setback exceptions contained within Section 17.32.070.

B. The exceptions set forth in subsection A of this Section 17.32.070 shall not be construed to include chimney boxes, swimming pools and spas, exposed plumbing, or mechanical equipment such as heating and air conditioning units or pool pumps, and no exceptions to the setback requirements shall be permitted for any of these structures.

C. Any structure, architectural feature, wall, or other improvement lawfully constructed within a setback area and constituting a nonconforming structure as defined in Section

17.02.560, may be allowed to continue in accordance with Chapter 17.38 of this title. 14 61
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Chapter 17.34.020 – Minimum requirements. (Parking)
A. The following minimum parking requirements shall apply to all buildings erected, new uses commenced, and to the area of extended uses commenced after the effective date of this Chapter. For any use not specifically mentioned in this Chapter, the planning commission shall determine the amount of parking required. All required off-street parking facilities shall be on-site unless specified differently in this Chapter or as permitted under Title 12 of this Code. Required off-street parking facilities need not be provided as covered parking unless specified differently in this chapter:

Uses: Parking Requirements:

Single-family dwellings
and group care homes:

Studio or 1-bedroom
dwellings not more than
900 square feet in floor
area:
1 off-street space (uncovered or covered).

All other dwellings not
exceeding 1,800
square feet in floor
area:
1 off-street space plus 1 space which shall be in a garage or carport.

Dwellings exceeding
1,800 square feet in
floor area on lots
having less than 37.5
feet in frontage:
2 off-street spaces plus 1 space which shall be in a garage or carport.

Dwellings exceeding
1,800 square feet in
floor area on lots of

37.5 feet frontage or
greater:
2 on-street or off-street spaces plus 2 spaces which shall be in a garage or carport.
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Uses: Parking Requirements:

See Section 17.34.020(B)(1) regarding garage and carport exclusions from the floor area calculation.

Additional guest parking spaces shall be provided for all residential subdivisions of 5 or more single-family residences, at the rate of 1 parking space for every 5 units. Such spaces shall be located entirely within the public right-of-way and available for public use.

Any accessible parking spaces required per Section 17.34.040(D) shall count as guest parking spaces.

Accessory dwelling
units
In the R-1, R-2, R-3, NCRO-2, SCRO-1, PAOZ-1, or PAOZ-2 Districts: No off-street parking required.

In the R-BA and PD Districts: 1 off-street parking space (uncovered or covered) per accessory dwelling unit or per bedroom, whichever is less, unless any of the following criteria applies:

1. the The accessory dwelling unit is located within one-half mile walking distance of public transit;

2. , or the The accessory dwelling unit is part of the proposed or existing dwelling, as defined in Section 17.02.235, or an accessory structure as defined in subsection B of Section

17.02.755;

3. Where the accessory dwelling unit is located within an architecturally and historically significant historic district;

4. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

1.5. When there is a car share vehicle located within one block of the accessory dwelling unit.

Junior accessory
dwelling units
No off-street parking required.
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Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units

17.43.010 - Purposes of chapter.

Accessory dwelling units and junior accessory dwelling units are permitted under this chapter to achieve the following purposes:

A. To provide opportunities to establish accessory dwelling units and junior accessory dwelling units on building sites developed with existing or proposed single-family dwellings, duplexes, or multiple-family dwellings.

B. To provide affordable housing to meet the needs of Brisbane citizens.

C. To ensure that the development of accessory dwelling units is compatible with existing development and reflects the diversity of the community.

D. To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

17.43.020 - Definitions.

In addition to the definitions set forth in Chapter 17.02, all of which are applicable to this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, in accordance with Chapter 13 to Division 1 of Title 7 of the Government Code, or successor provisions, unless the context or the provision clearly requires otherwise:
“Impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. "Living area" means the interior habitable area of a main dwelling unit, including basements and attics but not including a garage or any accessory structure. "Main dwelling" means that dwelling unit on the property that is not an accessory dwelling unit or a junior accessory dwelling unit.
“Efficiency kitchen” means a kitchenette or a small kitchen or part of a room equipped as a kitchen in a junior accessory dwelling unit and shall include all of the following: (1) a cooking facility with appliances, and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. “Multiple-family dwellings” means a dwelling than contains two (2) or more attached dwelling units (including a “duplex”), provided, however, that a property containing a single-family dwelling and an attached lawful accessory dwelling unit (either attached and detached) and/or a junior accessory dwelling unit shall not be deemed a multiple-family dwelling. The term does not include a dwelling group as defined in Section 17.02.235. “State-exempt accessory dwelling unit” means an accessory dwelling unit that is not subject to development or design standards, including both standards within this title and standards found in state accessory dwelling unit law that are not specifically listed in Government Code §66323. This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.). See Section

17.43.070(A) for accessory dwelling units that aremay be considered state-exempt accessory dwelling units.
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17.43.030 – Permit Requirements.

B. Notwithstanding subsection A, if the building permit application submitted will also create a new single-family dwelling or multiple-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit(s) shall not be acted upon until the building permit application for the new single-family dwelling or multiple-family dwelling is approved, but thereafter shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if it meets the requirements of this chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit(s) shall not be allowed until the City approves occupancy of the main dwelling.

C. The City shall grant a delay in processing an application for an accessory dwelling unit or junior accessory dwelling unit if requested by the applicant in writing.

D. All junior accessory dwelling unit and accessory dwelling unit applications shall be subject to building inspection and permit fees as established by resolution of the City Council and water and sewer connection and capacity fees in compliance with Title 13, except that:

1. No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet.

2. For accessory dwelling units that have a floor area of seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the current impact fees for the square footage of the main dwelling.

E. Construction of an accessory dwelling unit and/or junior accessory dwelling unit in the RBA Brisbane Acres Residential District shall require submittal of an application for an accessory dwelling unit permit in addition to an application for a building permit.

Accessory dwelling unit permits shall be granted ministerially by the director of community development pursuant to this chapter within sixty (60) days of receipt of a complete permit application in accordance with Section 65852.2 of the California Government Code.

17.43.040 – Development regulations for accessory dwelling units.

Accessory dwelling units shall comply with all of the following development standards:

A. Zoning Districts. Accessory dwelling units may only be established or occupied in the R-1, R-2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, PAOZ-2 and PD zoning districts with an existing or proposed single-family, or multiple-family dwelling, or dwelling group.

B. Density. An accessory dwelling unit that conforms to this Chapter chapter17.43 shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located. The 18 65
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accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any City ordinance, policy, or program to limit residential growth.

C. Lot Size. There is no minimum lot size requirement.

D. Number of Units.

1. Notwithstanding subsection 3., no more than one accessory dwelling unit may be constructed on any lot developed with a single-family dwelling, multiplefamily dwelling, or dwelling group, except that multiple state-exempt accessory dwelling units may be constructed in accordance with Section 17.43.070.

2. The maximum number of accessory dwelling units permitted on any lot developed with a multiple-family dwelling shall comply with Section 17.43.050 of this chapter.

2.3. No more than a total of four (4) dwelling units, including accessory dwelling units, may be built in the same lot area typically used for a singlefamily residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this Title.

E. Attached or Detached. Accessory dwelling units may be attached to or located within the existing or proposed main dwelling, including garages, storage areas, or accessory structures, or detached from the main dwelling on the same lot.

F. Unit Size. Accessory dwelling units shall not exceed one thousand (1,000) square feet in floor area, as defined in Section 17.02.315 of Chapter 17.02 of this title.

1. Unit size for state-exempt accessory dwelling units is established under Section

17.43.070(C).

F.G. Setbacks. Accessory dwelling units shall be subject to the following setback requirements:

1. Front Setback: The minimum front setback shall be as established in the underlying zoning district regulations.
a. State-exempt units may be located anywhere in the front setback area.

2. Side Setback. Accessory dwelling units on a lot of forty (40) feet or more in width shall have a minimum side setback of four (4) feet. Accessory dwelling units on a lot with a width of less than forty (40) feet shall provide minimum side setbacks in compliance with the underlying zoning district regulations.on any lot shall have a side setback of at least four (4) feet or as established in the underlying zoning district, whichever is less.

3. Rear Setback. Accessory dwelling units on any lot shall have a rear setback of at least four (4) feet.

4. No setback shall be required for an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit or an 19 66
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accessory dwelling unit constructed in the same location and to the same dimensions, including height, as an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks.

5. Setback exceptions for detached accessory dwelling units. a. Overhanging Architectural Features (Such as Eaves, Cornices Canopies, Rain Gutters and Downspouts). May extend into required setback areas, but no closer than 2½ feet from the side lot line. Rain gutters and downspouts may extend no closer than 2 feet from the side lot line. A noncombustible awning over the main entrance to an accessory dwelling unit may into any portion of the setback area, but shall not extend over or drain onto an abutting property. b. Stairs, Ramps and Landings (That Are Open and Uncovered). Shall be constructed of noncombustible material. No more than 1 set of stairs per accessory dwelling unit may extend from the structure into required setback areas. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within setback areas. c. Supported Decks, Cantilevered Decks and Balconies. Shall be no closer than 4 feet from any property line or as the minimum setback required within the underlying zoning district, whichever is less.
d. No exceptions to the setback requirements shall be permitted for any of the following: cantilevered windows (such as bay, box, bow, and greenhouse windows); chimney boxes; exposed plumbing; or mechanical equipment such as heating, air conditioning units, or heat pumps.

4.6. Setback exceptions for attached accessory dwelling units are as provided in Section 17.32.070 of this title.

H. Lot Coverage. Accessory dwelling units shall be included in calculating the lot coverage for the lot on which the accessory dwelling unit is located.

1. , Stateexcept for accessory dwelling units eight hundred (800) square feet or less in floor area and no more than sixteen (16) feet in height.-exempt accessory dwelling units shall be excluded from lot coverage requirements.

I. Floor Area Ratio. The floor area of the accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the accessory dwelling unit is located.

2.1. , except thatState-exempt accessory dwelling units shall be excluded from floor area ratio calculations.:

3. Accessory dwelling units eight hundred (800) square feet or less in floor area and no more than sixteen (16) feet in height, if detached, are exempt from calculating the floor area ratio for the lot; and

4. Accessory dwelling units proposed within the space of a single-family dwelling or existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond the physical dimensions of the existing accessory structure or single-family dwelling, provided however, that the expansion of the single-family dwelling or accessory structure shall be limited to 20 67
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accommodating ingress and egress for the accessory dwelling unit, the setbacks of the expansion shall comply with the setback standards set forth in subsection G of Section 17.43.040 or of the underlying zoning district if the accessory dwelling unit is attached to the single-family dwelling, and shall be compliant with building, health, and fire codes.

J. Height.

1. Attached Accessory accessory dwelling units shall not exceed two stories and shall be subject to the height maximum established in the underlying zoning district.

5.2. Detached accessory dwelling units shall not exceed eighteen (18) feet.

G.K. Required Facilities. An accessory dwelling unit shall include all of the following facilities:

1. A kitchen, including a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as a range or cooktop and oven, that meet Building Code standards; and

2. A full bathroom, including sink, toilet, and shower and/or bath facilities.

H.L. Landscaping. Accessory dwelling units shall be subject to the landscaping requirements of the underlying zoning district except that state-exempt accessory dwelling units are exempt from landscaping requirements.

M. Parking. Parking spaces for the main dwelling and accessory dwelling units shall be provided in accordance with the requirements set forth in Chapter 17.34, except that state-exempt accessory dwelling units are exempt from parking requirements.

1. except that whenWhen a garage, carport, or covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, any parking spaces that were provided by such garage, carport, or covered parking structure, or uncovered parking space are not required to be replaced.

I.N.Unit Access.

1. As required by Section 17.01.060, the lot on which the accessory dwelling unit is located shall have a legal means of access to the public right of way that complies with the street standards set forth in Section 12.24.010.

2. A separate exterior entry from the main entrance to the main dwelling shall be required to serve each attached accessory dwelling unit. Interior entry access between an accessory dwelling unit and the main dwelling is permitted, provided that the interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to common living areas.

J.O. Utilities. The lot is served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this Code. An accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer 21 68
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service provided by the City, pursuant to Title 13 of this Code. As to the main dwelling, a separate water connection, a separate sewer service connection, or a separate power connection for water, sewer, and power service is not required for an accessory dwelling unit.

K.P. Compliance with Codes. The accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health and fire codes.

1. Accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

17.43.050 - Accessory dwelling units in multiple-family dwellings.

A. Accessory dwelling units on lots with existing or proposed multiple-family dwellings shall comply with the development regulations established in Section 17.43.040 of this chapter, except that multiple state-exempt accessory dwelling units may be constructed in accordance with subsection B.

B. Multiple state-exempt accessory dwelling units shall be allowed on lots with existing or proposed multiple-family dwellings, as defined in Section 17.43.020, in accordance with Section 17.43.070 as follows:

1. Attached Accessory Dwelling Units. At least one (1) attached accessory dwelling unit shall be allowed per lot developed with an existing multiple-family dwelling.
a. The total number of attached accessory dwelling units permitted shall not exceed a maximum of twenty-five percent (25%) of the total number of existing dwelling units within the existing multiple-family dwelling.
b. Attached accessory dwelling units shall be allowed within existing portions of multiple-family dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided, that each accessory dwelling unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multiplefamily dwelling.

2. Detached Accessory Dwelling Units. Multiple detached accessory dwelling units, not to exceed the numbers specified below, as applicable, shall be allowed on a lot that has an existing or proposed multi-family dwelling provided that all detached accessory dwelling units shall be state-exempt accessory dwelling units constructed in accordance with Section 17.43.070. a. Existing Multiple-Family Dwelling. In addition to attached accessory dwelling units permitted under subsection A, not more than eight (8) detached accessory dwelling units, provided that the number of detached accessory dwelling units shall not exceed the number of existing main dwelling units on the lot.
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b. Proposed Multiple-Family Dwelling. Not more than two (2) detached accessory dwelling units may be allowed.

In addition to compliance with the development regulations established in Section 17.43.040 of this chapter, accessory dwelling units on lots with existing multiple-family dwellings shall also comply with all of the following criteria:

A. At least one attached accessory dwelling unit shall be allowed per lot developed with a multiple-family dwelling.

1. The total number of attached accessory dwelling units permitted shall not exceed a maximum of twenty-five percent (25%) of the total number of existing dwelling units within the existing multiple-family dwelling.

2. Attached accessory dwelling units shall be allowed within existing portions of multiple-family dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided, that each accessory dwelling unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multiple-family dwelling.

B. In addition to attached accessory dwelling units permitted under subsection A, not more than two detached accessory dwelling units may be allowed on a lot developed with a multiple-family dwelling. Detached accessory dwelling units shall be subject to the following standards:

1. Setbacks. The setback requirements of Section 17.43.040 of this Chapter apply.

2. Floor Area. Detached accessory dwelling units may not exceed eight hundred (800) square feet in floor area per unit.

3. Height. Detached accessory dwelling units shall not exceed sixteen (16) feet in height.

17.43.060 - Development regulations for junior accessory dwelling units.

Junior accessory dwelling units shall comply with all of the following development standards:

A. Zoning Districts. Junior accessory dwelling units may only be established or occupied on lots in the R-1, R-2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, and PD zoning districts with an existing or proposed single-family dwelling.

B. Density. A junior accessory dwelling unit that conforms to this Chapter 17.43 shall be deemed to be an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located. The junior accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

C. Lot Size. There is no minimum lot size requirement.

D. Number of Units.
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1. Notwithstanding subsection 3., noNo more than one junior accessory dwelling unit may be constructed on any lot developed with an existing or proposed single-family dwelling.

2. A junior accessory dwelling unit may be permitted on a lot with an accessory dwelling unit, provided that the the following criteria are metaccessory dwelling unit(s) qualify as state-exempt units in accordance with Section 17.43.070.:

2.3. No more than a total of four (4) dwelling units, including junior accessory dwelling units, may be built in the same lot area typically used for a singlefamily residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this Title.
a. The accessory dwelling unit is fully detached and the junior accessory dwelling unit is within an existing or proposed single-family dwelling; and
b. The detached accessory dwelling unit does not exceed a total floor area of more than eight hundred (800) square feet and a height limitation of sixteen (16) feet.

E. Floor Area Requirements.

1. Junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area and shall be constructed within the existing walls of the main dwelling.

For purposes of this section, enclosed uses within the main dwelling, such as attached garages, are considered a part of the proposed or existing single-family residence.

2. The floor area of the junior accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the junior accessory dwelling unit is located and subject to the maximum floor area ratio established in the underlying zoning district.
a. State-exempt junior accessory dwelling units shall be excluded from floor area ratio calculations.
b. Exemption: A junior accessory dwelling unit may expand the main dwelling by not more than one hundred fifty (150) square feet beyond the physical dimensions of the main dwelling, provided that the expansion of the main dwelling shall be limited to accommodating ingress and egress for the junior accessory dwelling unit. The setbacks of the expansion shall comply with the setback standards of the underlying zoning district and shall be compliant with building, health, and fire codes.

F. Unit Access.

1. As required by Section 17.01.060, the lot on which the junior accessory dwelling unit is located shall have a legal means of access to the public right of way that complies with the street standards set forth in Section 12.24.010.

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provided that the interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to these common living areas.

G. Required Facilities. A junior accessory dwelling unit shall include all of the following facilities:

1. At a minimum, an efficiency kitchen.

2. Sanitation facilities, but such facilities may be separated from or shared with the main dwelling.

H. Owner Occupancy. Either the main dwelling or the junior accessory dwelling unit shall be occupied by the record owner of the property as the owner's principal place of residence. In the case of ownership by a corporation, limited liability company, partnership, trust or association, either the main dwelling or the junior accessory dwelling unit shall be the principal place of residence of an officer, director, shareholder, or member of the company, a partner in the partnership, a trustor or beneficiary of the trust, a member of the association, or an employee of any such organization. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

I. Recordation of Declaration of Restrictions.

1. A Declaration of Restrictions shall be recorded to run with the land that indicates the following:
a. Only one unit may be occupied solely by persons other than the owner or owners of record;
b. If a junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days; c. Sale of the junior accessory dwelling unit separately from the main dwelling is prohibited; and
d. The approved size and attributes of the junior accessory dwelling unit.

2. A copy of this Declaration of Restrictions must be given to each prospective purchaser or occupant.

J. Parking. Parking spaces for the main dwelling and junior accessory dwelling unit shall be provided in accordance with the requirements set forth in Chapter 17.34 of this title.

3.1. When a garage is converted in conjunction with the construction of a junior accessory dwelling unit, any parking spaces that were provided by such garage are not required to be replaced..

J.K. Utilities. The lot shall be served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this Code. A junior accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the City.
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K.L. Compliance with Codes. The junior accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health, and fire codes.

1. Junior accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

17.43.070 – State-exempt Accessory and Junior Accessory Dwelling Units A. The following types of units shall be considered state-exempt accessory dwelling units when all requirements and development regulations indicated under subsection C., are met:

1. An accessory dwelling unit within the proposed space of a single-family dwelling, or existing space of a single-family dwelling or accessory structure.

2. A newly constructed, detached accessory dwelling unit.

3. Accessory dwelling units constructed within an existing multiple-family dwelling structure not used as livable space.

4. Detached accessory dwelling units on a lot with an existing or proposed multiplefamily dwelling.

5. A junior accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling when combined with an accessory dwelling unit from subsections A.1., or A.2., above.

B. The following state-exempt accessory dwelling units are allowed as follows:

State-exempt ADU
Type
Allowed on any lot with a
Single-family Main
Dwelling1
Allowed on any lot with a
Multiple-family Main
Dwelling2

1. ADU constructed
within proposed or
existing SFD
Yes No

2. Newly constructed,
detached ADU Yes No

3. ADUs constructed
in existing MFD
not used as livable
No Yes

4. Multiple detached
ADUs No Yes

5. JADUs Yes No
1 Any combination of type 1, 2, or 5 state-exempt units may be combined on a single lot with a single-family main dwelling. Provided, however, no more than a total of 4 dwelling units, including ADUS and JADUs, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter

17.05 of this Title.
2 Any combination of type 3 or 4 state-exempt units may be combined on a single lot with a multiple-family main dwelling.
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C. The following shall apply to state-exempt units, in addition to compliance with the development regulations established in Sections 17.43.040 thru 17.43.060 above:

State-Exempt
ADU Type
Requirements and Provisions in Addition to
Development Regulations
Applicable
Development
Regulations

1. ADU
constructed
within
proposed or
existing SFD
a. No limitation on unit size.
b. When proposed within an existing accessory
structure, the accessory structure may
expand one hundred fifty (150) square feet
from the existing structure for ingress and
egress.
c. Side and rear setbacks shall be sufficient for
fire and safety, as determined by the building
official.
§17.43.040

2. Newly
constructed,
detached ADU
a. Shall not exceed eight hundred (800) square
feet in floor area.
§17.43.040

3. ADUs
constructed in
existing MFD
non-livable
space(s)
a. No limitation on unit size.
b. Non-livable space(s), shall include, but is not
limited to, storage rooms, boiler rooms,
passageways, attics, basements, or
garages, if each unit complies with state
building standards for dwellings.
c. The planning director shall have authority to
render administrative interpretations of what
constitutes livable space. Any administrative
interpretation by the Planning Director may
be appealed to the Planning Commission in
accordance with the procedure set forth in
Chapter 17.52 of this title.
§17.43.040 &
§17.43.050

4. Multiple
detached
ADUs
a. No limitation on unit size.
§17.43.040 &
§17.43.050

5. JADUs
a. Side and rear setbacks shall be sufficient for
fire and safety, as determined by the building
official.
§17.43.060
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17.43.070 080 - Prohibition on sale and limitation on rental.

A. Accessory dwelling units and junior accessory dwelling units shall not be sold separately from the main dwelling(s).

B. If an accessory dwelling unit or junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days.

17.43.080 090 – Delay of enforcement of building standards.

A. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five years. For the purposes of this section, “building standards” refer to those standards enforced by local agencies under the authority of Section 17960 and following of the California Health and Safety Code.

B. The building official shall grant any application submitted under subsection A of this Section if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.

C. No applications submitted pursuant to this section shall be approved on or after January 1, 2030; provided, however, any delay to correct a violation that was approved by the building official before January 1, 2030, shall be valid for the full term of the delay that the building official approved at the time the building official approved the application.

D. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

E. This section shall remain in effect until January 1, 2035, and as of that date is repealed.

17.43.090 100 - Appeals.

Any decision or determination by the director of community developmentPlanning Director or building official pursuant to this chapter may be appealed in accordance with the procedure set forth in Chapter 17.52 of this title.
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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BMC CHAPTERS 15.10, 17.02, 17.12, 17.16, 17.32, 17.34, AND 17.43 TO

AMEND REGULATIONS PERTAINING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS The City Council of the City of Brisbane hereby ordains as follows:

SECTION 1: Section 15.10.040 - Definitions in Chapter 15.10 – Additions, alterations, and major rebuilds to existing buildings of the Municipal Code is amended to read as follows:
(Subsections A and B, no change)
C. “Floor Area” shall mean the sum of the gross horizontal areas of all floors of all buildings or structures measured from the interior face of the exterior walls, but excluding each of the following:

1. Any area where the floor to ceiling height is less than six (6) feet.

2. Any detached garage or other detached accessory structure which does not constitute habitable space.

3. Any attached carport or covered deck.

4. Any attached or detached accessory dwelling unit eight hundred (800) square feet or less in gross horizontal area that, if detached, does not exceed eighteen (18) feet in height, where authorized pursuant to Chapter 17.43 of Title 17 of this Code. (Subsections D and E, no change)
SECTION 2: Section 17.02.235 - Dwelling in Chapter 17.02 - Definitions of the Municipal Code is amended to read as follows:
(Subsections A through D, no change)
E. "Accessory dwelling unit" means a separate dwelling unit created upon a site that contains a single-family dwelling, duplex, or multiple-family dwelling. Subject to the restrictions of this title, the accessory dwelling unit may be within, attached to, or detached from the single-family dwelling, duplex, or multiple-family dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. The term "secondary dwelling unit" shall have the same meaning throughout this title. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in section 17958.1 of the Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. (Subsections F through H, no change)
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2 SECTION 3: Section 17.12.020 - Permitted uses in Chapter 17.12 - R-BA Brisbane Acres Residential District of the Municipal Code is amended to read as follows:

The following permitted uses shall be allowed in the R-BA district:

A. Single-family dwellings.

B. Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

C. Home occupations, conducted in accordance with the regulations prescribed in Chapter

17.44 of this title.

D. Small family day care homes.

E. Large family day care homes.

F. Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter

17.43 of this title.

SECTION 4: Section 17.32.070 – Exceptions – Setback requirements in Chapter 17.32 – General Use Regulations of the Municipal Code is amended to read as follows:
(Subsections A.1 through A1.3, no change)

3. Accessory Dwelling Units
a. Exceptions to the setback requirements for detached accessory dwelling units shall be as established in Chapter 17.43.
b. Attached accessory dwelling units within a principle or primary structure are subject to the setback exceptions contained within Section 17.32.070. (Subsections B and C, no change)
SECTION 5: Section 17.34.020 – Minimum Requirements in Chapter 17.34 – Off-street Parking of the Municipal Code is amended to read as follows:

A. The following minimum parking requirements shall apply to all buildings erected, new uses commenced, and to the area of extended uses commenced after the effective date of this chapter. For any use not specifically mentioned in this chapter, the planning commission shall determine the amount of parking required. All required off-street parking facilities shall be onsite unless specified differently in this chapter or as permitted under Title 12 of this code.

Required off-street parking facilities need not be provided as covered parking unless specified differently in this chapter:

Uses: Parking Requirements:

Single-family dwellings and group care
homes:

Studio or 1-bedroom dwellings not more
than 900 square feet in floor area:
1 off-street space (uncovered or covered).

All other dwellings not exceeding 1,800
square feet in floor area:
1 off-street space plus 1 space which shall be in a
garage or carport.
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3 Dwellings exceeding 1,800 square feet in
floor area on lots having less than 37.5 feet
in frontage:
2 off-street spaces plus 1 space which shall be in a
garage or carport.

Dwellings exceeding 1,800 square feet in
floor area on lots of 37.5 feet frontage or
greater:
2 on-street or off-street spaces plus 2 spaces which
shall be in a garage or carport.

See Section 17.34.020.B.1. regarding garage and
carport exclusions from the floor area calculation.

Additional guest parking spaces shall be provided
for all residential subdivisions of 5 or more singlefamily residences, at the rate of 1 parking space for every 5 units. Such spaces shall be located entirely
within the public right-of-way and available for
public use. Any accessible parking spaces required
per Section 17.34.040.D. shall count as guest
parking spaces.

Accessory dwelling units In the R-1, R-2, R-3, NCRO-2, SCRO-1, PAOZ-1, or PAOZ-2 Districts: No off-street parking required.

In the R-BA and PD Districts: 1 off-street parking
space (uncovered or covered) per accessory
dwelling unit or per bedroom, whichever is less,
unless any of the following criteria applies:

1. The accessory dwelling unit is located
within one-half mile walking distance of
public transit;

2. The accessory dwelling unit is part of
the proposed or existing dwelling, as
defined in Section 17.02.235, or an
accessory structure as defined in
subsection B of Section 17.02.755;

3. Where the accessory dwelling unit is
located within an architecturally and
historically significant historic district;

4. When on-street parking permits are
required but not offered to the occupant
of the accessory dwelling unit; or
When there is a car share vehicle located within one
block of the accessory dwelling unit.

Junior accessory dwelling units No off-street parking required.

Duplex or multiple family dwelling units;
Mobile home park units:

Studios 1 (uncovered or covered) space per unit.
1-bedroom units 1½ spaces (1 of which shall be covered) per unit; only 1 (covered) space required for units not over
900 square feet in floor area.
2-bedroom units 1½ spaces (1 of which shall be covered) per unit. 31 78
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4 3-bedroom units or larger 2 spaces (1 of which shall be covered) per unit, plus 1 (uncovered or covered) space for units over 2,700
square feet.

See Section 17.34.020.B.1. regarding garage and
carport exclusions from the floor area calculation.

Additional guest parking spaces shall be provided
for all developments of 5 or more units at the rate of
1 parking space for every 5 units. The accessible
parking spaces required per Section 17.34.040.D.
shall count as guest parking spaces.

Emergency shelters 0.35 space per bed plus 1 space per staff member on the largest shift.

Hotels, motels One space per unit, plus applicable requirements for restaurants, bars and meeting halls.

Cultural facilities, meeting halls and places
of worship
One space for each 50 square feet of assembly area
or 1 space for each 4 fixed seats, whichever is
greater, plus 1 space for each 300 square feet of the
remaining floor area of the building (meeting rooms
not exceeding 750 square feet and ancillary to an
office use shall be included with the floor area of
the office in calculating the parking requirement for
the office use).

Commercial recreation 3 spaces per ball court;

2.5 spaces per batting cage;
4 spaces per lane for bowling alleys;
2 spaces per tee for golf courses;
20 spaces per playing field;
2 spaces per shooting range;
2 spaces per horse stall for stables;
1 space per 100 square feet of water area for
swimming pools.

For commercial recreation uses that do not fall
within the above categories, 1 parking space shall
be required for every 4 fixed seats for spectators, 1
parking space per each 200 square feet of floor area
used for indoor commercial recreation, and 1
parking space per each 1,000 square feet of site area
used for outdoor commercial recreation.

Marinas 1 space per 0.75 berths.

Schools—Public, private or commercial 1 space for each classroom and office.

Hospitals 1 space per bed plus 1 space for each 2 employees on the largest shift.

Financial services 1 space for each 200 square feet of gross floor area.

Administrative office 1 space for each 300 square feet of gross floor area.

Professional office 1 space for each 250 square feet of gross floor area.

Retail stores, restaurants, bars, offices 1 space for each 300 square feet of gross floor area.

Service stations 2 spaces for each working bay plus 1 space for each employee on the largest shift.
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5 Warehousing, light fabrication, food
production, media studios, printing
1 space for each 1,000 square feet of gross floor
area.

Convalescent hospitals, sanitariums, rest
homes
1 space for each 7 beds plus 1 space for each 2
employees on the largest shift.
(Subsection B, no change)
SECTION 6: Section 17.43.020 - Definitions in Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is amended to read as follows:

In addition to the definitions set forth in Chapter 17.02, all of which are applicable to this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, in accordance with Chapter 13 to Division 1 of Title 7 of the Government Code, or successor provisions, unless the context or the provision clearly requires otherwise:
“Impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. "Living area" means the interior habitable area of a main dwelling unit, including basements and attics but not including a garage or any accessory structure. "Main dwelling" means that dwelling unit on the property that is not an accessory dwelling unit or a junior accessory dwelling unit.
“Efficiency kitchen” means a kitchenette or a small kitchen or part of a room equipped as a kitchen in a junior accessory dwelling unit and shall include all of the following: (1) a cooking facility with appliances, and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. “Multiple-family dwellings” means a dwelling than contains two (2) or more attached dwelling units (including a “duplex”), provided, however, that a property containing a single-family dwelling and an attached lawful accessory dwelling unit and/or a junior accessory dwelling unit shall not be deemed a multiple-family dwelling. The term does not include a dwelling group as defined in Section 17.02.235.
“State-exempt accessory dwelling unit” means an accessory dwelling unit that is not subject to development or design standards, including both standards within this title and standards found in state accessory dwelling unit law that are not specifically listed in Government Code §66323.

This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.). See Section 17.43.070(A) for accessory dwelling units that are considered state-exempt accessory dwelling units.

SECTION 7: Section 17.43.030 – Permit Requirements in Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is amended to read as follows:

A. Except as provided by subsection C of this Section 17.43.030, building permit applications for junior accessory dwelling units or accessory dwelling units shall be ministerially processed within sixty (60) days of receipt of a complete building permit application and approved if they meet the requirements of this chapter. Incomplete applications will be returned to the applicant with a written explanation of the additional information required for approval. 33 80
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6 B. Notwithstanding subsection A, if the building permit application submitted will also create a new single-family dwelling or multiple-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit(s) shall not be acted upon until the building permit application for the new single-family dwelling or multiple-family dwelling is approved, but thereafter shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if it meets the requirements of this chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit(s) shall not be allowed until the City approves occupancy of the main dwelling.

C. The City shall grant a delay in processing an application for an accessory dwelling unit or junior accessory dwelling unit if requested by the applicant in writing.

1. No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet.

SECTION 7: Section 17.43.040 - Development regulations for accessory dwelling units in Chapter

17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is amended to read as follows:

Accessory dwelling units shall comply with all of the following development standards:

A. Zoning Districts. Accessory dwelling units may only be established or occupied in the R-1, R2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, PAOZ-2 and PD zoning districts with an existing or proposed single-family, multiple-family dwelling, or dwelling group.

B. Density. An accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located. The accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any City ordinance, policy, or program to limit residential growth.

C. Lot Size. There is no minimum lot size requirement.

D. Number of Units.

1. Notwithstanding subsection 3., no more than one accessory dwelling unit may be constructed on any lot developed with a single-family, multiple-family dwelling, or dwelling group, except that multiple state-exempt accessory dwelling units may be constructed in accordance with Section 17.43.070.

2. The maximum number of accessory dwelling units permitted on any lot developed with a multiple-family dwelling shall comply with Section 17.43.050 of this chapter.

3. No more than a total of four (4) dwelling units, including accessory dwelling units, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this Title.
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7 E. Attached or Detached. Accessory dwelling units may be attached to or located within the existing or proposed main dwelling, including garages, storage areas, or accessory structures, or detached from the main dwelling on the same lot.

F. Unit Size. Accessory dwelling units shall not exceed one thousand (1,000) square feet in floor area, as defined in Section 17.02.315 of Chapter 17.02 of this title.

1. Unit size for state-exempt accessory dwelling units is established under Section

17.43.070(C).

G. Setbacks. Accessory dwelling units shall be subject to the following setback requirements:

1. Front Setback: The minimum front setback shall be as established in the underlying zoning district regulations.
a. State-exempt units may be located anywhere in the front setback area.

2. Side Setback. Accessory dwelling units on any lot shall have a side setback of at least four (4) feet or as established in the underlying zoning district, whichever is less.

3. Rear Setback. Accessory dwelling units on any lot shall have a rear setback of at least four (4) feet.

4. No setback shall be required for an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit or an accessory dwelling unit constructed in the same location and to the same dimensions, including height, as an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks.

5. Setback exceptions for detached accessory dwelling units. a. Overhanging Architectural Features (Such as Eaves, Cornices Canopies, Rain Gutters and Downspouts). May extend into required setback areas, but no closer than 2½ feet from the side lot line. Rain gutters and downspouts may extend no closer than 2 feet from the side lot line. A noncombustible awning over the main entrance to an accessory dwelling unit may into any portion of the setback area, but shall not extend over or drain onto an abutting property. b. Stairs, Ramps and Landings (That Are Open and Uncovered). Shall be constructed of noncombustible material. No more than 1 set of stairs per accessory dwelling unit may extend from the structure into required setback areas. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within setback areas.
c. Supported Decks, Cantilevered Decks and Balconies. Shall be no closer than 4 feet from any property line or the minimum setback required within the underlying zoning district, whichever is less.
d. No exceptions to the setback requirements shall be permitted for any of the following: cantilevered windows (such as bay, box, bow, and greenhouse windows); chimney boxes; exposed plumbing; or mechanical equipment such as heating, air conditioning units, or heat pumps.

6. Setback exceptions for attached accessory dwelling units are as provided in Section

17.32.070 of this title.
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8 H. Lot Coverage. Accessory dwelling units shall be included in calculating the lot coverage for the lot on which the accessory dwelling unit is located.

1. State-exempt accessory dwelling units shall be excluded from lot coverage requirements.

I. Floor Area Ratio. The floor area of the accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the accessory dwelling unit is located.

1. State-exempt accessory dwelling units shall be excluded from floor area ratio calculations.

J. Height.

1. Attached accessory dwelling units shall not exceed two stories and shall be subject to the height maximum established in the underlying zoning district.

2. Detached accessory dwelling units shall not exceed eighteen (18) feet.

K. Required Facilities. An accessory dwelling unit shall include all of the following facilities:

1. A kitchen, including a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as a range or cooktop and oven, that meet Building Code standards; and

2. A full bathroom, including sink, toilet, and shower and/or bath facilities.

L. Landscaping. Accessory dwelling units shall be subject to the landscaping requirements of the underlying zoning district except that state-exempt accessory dwelling units are exempt from landscaping requirements.

M. Parking. Parking spaces for the main dwelling and accessory dwelling units shall be provided in accordance with the requirements set forth in Chapter 17.34 except that state-exempt accessory dwelling units are exempt from parking requirements.

1. When a garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, any parking spaces that were provided by such garage, carport, covered parking structure, or uncovered parking space are not required to be replaced.

N. Unit Access.

O. Utilities. The lot is served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this Code. An accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the City, pursuant to Title 13 of this Code. As to the main dwelling, a separate water connection, a separate sewer service 36 83
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9 connection, or a separate power connection for water, sewer, and power service is not required for an accessory dwelling unit.

P. Compliance with Codes. The accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health and fire codes.

SECTION 8: Section 17.43.050 - Accessory dwelling units in multiple-family dwellings in Chapter

17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is deleted in its entirety and replaced to read as follows:

1. Attached Accessory Dwelling Units. At least one (1) attached accessory dwelling unit shall be allowed per lot developed with an existing multiple-family dwelling. a. The total number of attached accessory dwelling units permitted shall not exceed a maximum of twenty-five percent (25%) of the total number of existing dwelling units within the existing multiple-family dwelling.
b. Attached accessory dwelling units shall be allowed within existing portions of multiple-family dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided, that each accessory dwelling unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multiple-family dwelling.

2. Detached Accessory Dwelling Units. Multiple detached accessory dwelling units, not to exceed the numbers specified below, as applicable, shall be allowed on a lot that has an existing or proposed multi-family dwelling provided that all detached accessory dwelling units shall be state-exempt accessory dwelling units constructed in accordance with Section 17.43.070.
a. Existing Multiple-Family Dwelling. In addition to attached accessory dwelling units permitted under subsection A, not more than eight (8) detached accessory dwelling units, provided that the number of detached accessory dwelling units shall not exceed the number of existing main dwelling units on the lot. b. Proposed Multiple-Family Dwelling. Not more than two (2) detached accessory dwelling units may be allowed.
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10 SECTION 9: Section 17.43.060 - Accessory dwelling units in multiple-family dwellings in Chapter

17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is amended to read as follows:

Junior accessory dwelling units shall comply with all of the following development standards:

C. Lot Size. There is no minimum lot size requirement.

D. Number of Units.

1. Notwithstanding subsection 3., no more than one junior accessory dwelling unit may be constructed on any lot developed with an existing or proposed single-family dwelling.

2. A junior accessory dwelling unit may be permitted on a lot with an accessory dwelling unit, provided that the accessory dwelling unit(s) qualify as state-exempt units in accordance with Section 17.43.070.

3. No more than a total of four (4) dwelling units, including junior accessory dwelling units, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this Title.

E. Floor Area Requirements.

1. Junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area and shall be constructed within the existing walls of the main dwelling. For purposes of this section, enclosed uses within the main dwelling, such as attached garages, are considered a part of the proposed or existing single-family residence.

F. Unit Access.

2. A separate exterior entry from the main entrance to the main dwelling shall be provided to serve the junior accessory dwelling unit only. Interior entry access between the junior accessory dwelling unit and the main dwelling is permitted, provided that the 38 85
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11 interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to these common living areas.

G. Required Facilities. A junior accessory dwelling unit shall include all of the following facilities:

1. At a minimum, an efficiency kitchen.

2. Sanitation facilities, but such facilities may be separated from or shared with the main dwelling.

I. Recordation of Declaration of Restrictions.

1. A Declaration of Restrictions shall be recorded to run with the land that indicates the following:
a. Only one unit may be occupied solely by persons other than the owner or owners of record;
b. If a junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than 30 consecutive calendar days;
c. Sale of the junior accessory dwelling unit separately from the main dwelling is prohibited; and
d. The approved size and attributes of the junior accessory dwelling unit.

2. A copy of this Declaration of Restrictions must be given to each prospective purchaser or occupant.

J. Parking. Parking spaces for the main dwelling and junior accessory dwelling unit shall be provided in accordance with the requirements set forth in Chapter 17.34 of this title.

1. When a garage is converted in conjunction with the construction of a junior accessory dwelling unit, any parking spaces that were provided by such garage are not required to be replaced.

K. Utilities. The lot shall be served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this Code. A junior accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the City.

L. Compliance with Codes. The junior accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health, and fire codes. 39 86
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12 1. Junior accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

SECTION 10: Section 17.43.070 - Prohibition on sale and limitation on rental in Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is renumbered to Section 17.43.080 - Prohibition on sale and limitation on rental.

SECTION 11: Section 17.43.080 - Delay of enforcement of building standards in Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is renumbered to Section 17.43.090 - Delay of enforcement of building standards.

SECTION 12: Section 17.43.090 - Appeals in Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code is renumbered to Section 17.43.100 – Appeals, and amended to read as follows:

Any decision or determination by the Planning Director pursuant to this chapter may be appealed in accordance with the procedure set forth in Chapter 17.52 of this title.

SECTION 13: Section 17.43.070 is added to Chapter 17.43 - Accessory Dwelling Units and Junior Accessory Dwelling Units of the Municipal Code Brisbane Municipal Code, to read as follows:

1. An accessory dwelling unit within the proposed space of a single-family dwelling, or existing space of a single-family dwelling or accessory structure.

2. A newly constructed, detached accessory dwelling unit.

3. Accessory dwelling units constructed within an existing multiple-family dwelling structure not used as livable space.

4. Detached accessory dwelling units on a lot with an existing or proposed multiplefamily dwelling.

B. The following state-exempt accessory dwelling units are allowed as follows:

State-exempt ADU
Type
Allowed on any lot with a
Single-family Main
Dwelling1
Allowed on any lot with a
Multiple-family Main
Dwelling2

1. ADU constructed
within proposed
or existing SFD
Yes No

2. Newly
constructed,
detached ADU
Yes No
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13 3. ADUs
constructed in
existing MFD not
used as livable
No Yes

4. Multiple detached
ADUs No Yes

5. JADUs Yes No
1 Any combination of type 1, 2, or 5 state-exempt units may be combined on a single lot with a singlefamily main dwelling. Provided, however, no more than a total of 4 dwelling units, including ADUS and JADUs, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this Title. 2 Any combination of type 3 or 4 state-exempt units may be combined on a single lot with a multiplefamily main dwelling.

C. The following shall apply to state-exempt units, in addition to compliance with the development regulations established in Sections 17.43.040 thru 17.43.060 above:

State-Exempt
ADU Type
Requirements and Provisions in Addition to
Development Regulations
Applicable
Development
Regulations

1. ADU
constructed
within
proposed or
existing
SFD
a. No limitation on unit size.
b. When proposed within an existing accessory
structure, the accessory structure may expand one
hundred fifty (150) square feet from the existing
structure for ingress and egress.
c. Side and rear setbacks shall be sufficient for fire
and safety, as determined by the building official.
§17.43.040

2. Newly
constructed,
detached
ADU
a. Shall not exceed eight hundred (800) square feet in
floor area.
§17.43.040

3. ADUs
constructed
in existing
MFD nonlivable
space(s)
a. No limitation on unit size.
b. Non-livable space(s), shall include, but is not
limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each
unit complies with state building standards for
dwellings.
c. The planning director shall have authority to render administrative interpretations of what constitutes
livable space. Any administrative interpretation by
the Planning Director may be appealed to the
Planning Commission in accordance with the
procedure set forth in Chapter 17.52 of this title.
§17.43.040 &
§17.43.050

4. Multiple
detached
ADUs
a. No limitation on unit size.
§17.43.040 &
§17.43.050

5. JADUs a. Side and rear setbacks shall be sufficient for fire and safety, as determined by the building official.
§17.43.060
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14 SECTION 14: 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 15: The City Council finds and determines that the adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating construction of second units, and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones. In addition to being statutorily exempt from CEQA, the project is consistent with the General Plan per State CEQA Guidelines Section 15183(a)--this proposal falls within a class of projects which are consistent with existing zoning or general plan policies for which an EIR was certified and shall therefore not require further review. The exception to this section requiring environmental review as might be necessary to examine project specific significant effects does not apply.

SECTION 16: This Ordinance shall be in full force and effect thirty days after its passage and adoption.
* * *
The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of the City of Brisbane held on the ________ day of ____________________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mayor Cliff Lentz
ATTEST:
_____________________________
City Clerk
APPROVED AS TO FORM:
___________________________
City Attorney
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PLANNING COMMISSION AGENDA REPORT
Meeting Date: May 8, 2025
From: Jeremiah Robbins, Associate Planner
Subject: Zoning Text Amendment 2025-RZ-02; Zoning Text Amendments to update the City’s existing Accessory Dwelling Unit (ADU) regulations; and finding that this project is statutorily exempt from environment review under CEQA Guidelines Section 15282(h); City of Brisbane, applicant; Citywide.

REQUEST: The proposed zoning text amendments would modify the City’s ADU Ordinance to be in compliance with State law.

RECOMMENDATION: Recommend City Council adoption of the proposed zoning text amendments via adoption of Resolution 2025-RZ-02.

ENVIRONMENTAL DETERMINATION: The project is exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17, which states that the CEQA does not apply to the adoption of local ordinances regulating construction of second units, and by CEQA Section 15282(h) that exempts adoption of an ordinance regarding second units in single-family and multifamily residential zones. In addition to being statutorily exempt from CEQA, the project is consistent with the General Plan per State CEQA Guidelines Section 15183(a)--this proposal falls within a class of projects which are consistent with existing zoning or general plan policies for which an EIR was certified and shall therefore not require further review. The exception to this section requiring environmental review as might be necessary to examine project specific significant effects does not apply.

APPLICABLE CODE SECTIONS: Brisbane Municipal Code (BMC):
▪ “Dwelling” defined in §17.02.235
▪ R-BA Residential District Development Regulations in § 17.12.40 ▪ Setback exceptions in § 17.32.070
▪ Off-street parking requirements in § 17.34.020
▪ Accessory Dwelling Units, Chapter 17.43
ANALYSIS AND FINDINGS:

Background
The City last updated it’s ADU ordinance in October 2020. Since then, the State has passed a number of laws meant to clarify and/or streamline the production of ADUs and junior ADUs (JADUs). A complete summary of recent changes to the state’s ADU Law since 2022 is available in attachment C, but generally the changes require local agencies to:
• Impose only objective development standards on ADUs
• Streamline the permitting process
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• Permit more than one ADU, under certain circumstances, on both single-family and multiple-family properties; and
• Ministerially approve “state-exempt” ADUs and JADUs.

Additionally, amendments since 2020 have been made to modify parking requirements, height limitations, and/or other development requirements, or otherwise prohibit a local agency from imposing additional requirements as a condition of approval. Lastly, the state has updated Government Code sections related to ADU and JADU law from sections 65852.2, 65852.22, 65852.23, and 65852.26 to Government Code sections 66310-66342.

Draft Ordinance
The draft ordinance proposes a number of changes to BMC Chapter 17.43, Accessory Dwelling Units, and minor amendments to other sections of the BMC to comply with the new State regulations. Below is a list of the significant or substantial amendments within the draft ordinance.
❖ Cross-Reference to SB 9 Legislation
In addition to new ADU regulations, the state has passed numerous laws meant to increase housing production. One such housing law is colloquially known as Senate Bil 9 (SB 9), which regulates urban lot-splits and two-unit developments. In December 2024, the City adopted the R-TUO overlay district to implement the requirements under SB 9, which, in part, allows a lot in a single-family district to be split and/or developed with up to four dwelling units, including ADUs and JADUs. The draft ordinance specifies one ADU is allowed per lot developed with a single-family or multiple-family dwelling, provided that no more than four total dwelling units are permitted on a lot for which an urban lot split or two-unit development was approved. This means, for example, that a lot split under SB 9 and developed with a duplex on each resultant lot, would not be permitted an ADU since the total number of dwelling units would already be at the maximum allowed. ❖ Eliminate ADU Permit
Currently, the BMC requires an ADU permit in addition to a building permit for ADUs proposed within the Brisbane Acres Residential District. With modified streamlining requirements and increased limitations on discretionary review of ADUs since 2020, requiring an additional permit and separate approval is more challenging if not entirely prohibited.

Section 66321 of the Government Code prohibits local agencies from requiring separate zoning clearance or review for most ADUs, including all state-exempt ADUs, with the distinction based on attributes of the ADU rather than its location within a certain subarea or zoning district. Additionally, staff has found that a building permit application provides 9/4/2025 City Council Meeting ATTACHMENT 3 44
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow sufficient opportunity for a comprehensive conformance review of ADUs within the prescribed timeframes under Government Code Sections 65943, 66317, 66320, and 66335. ❖ Number of ADUs Allowed Per Lot
The state has changed the permitted number of ADUs allowed on both single-family and multiple family lots. See table below.
❖ Unrestricted ADUs are now State-Exempt ADUs
In 2020, the State coined the term “unrestricted ADU.” This referred to an ADU on any residential lot that was exempt from a number of development regulations, such as lot coverage and floor area ratio, provided it was no more than 800 square feet, 16 feet in height or less, and had 4-foot side and rear setbacks. That term has been replaced with “stateexempt ADUs”.

Generally, the premise remains the same with state-exempt ADUs, as certain ADUs are still exempt from a number of development regulations, but under new state legislation cities are prohibited from applying development or design standards not explicitly listed within State
Legislation:
▪ Must permit an attached, detached, or converted ADU on a lot that is zoned to allow single-family or multifamily residential use and includes an existing or proposed dwelling
▪ Must allow any combination of state-exempt ADUs on lots with multiplefamily structure as follows:
o At least one ADU (could potentially be more) constructed within existing non-livable space
o Two detached ADUs on proposed multi-family development o As many as eight detached ADUs on an existing multi-family development (may not exceed the number of primary units) ▪ Must allow any combination of state-exempt ADUs on single-family lots as follows:
o One ADU constructed within existing space
o One newly constructed detached ADU
o One JADU constructed within existing space
Existing
BMC:
▪ One ADU per single-family lot
▪ One JADU per single-family lot
o A JADU may be permitted on a lot with an ADU provided the ADU qualifies as unrestricted (state-exempt)
▪ At least one ADU (could potentially be more) constructed within existing non-livable space of a multiple-family structure
▪ Two detached ADUs on existing or proposed multi-family development Draft
Ordinance:
▪ Matches state language from the Government Code regulating stateexempt ADUs (Section 66323) 9/4/2025 City Council Meeting ATTACHMENT 3 45
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow Government Code §66323. This limitation also includes any other development regulations for ADUs found within other sections the Government Code.

The draft ordinance defines “state-exempt ADUs”, whereas “unrestricted ADUs” was not previously defined, and adds a new section related to specific regulations and standards applicable to such state-exempt ADUs. See also Number of ADUs Allowed Per Lot for additional changes related to state-exempt ADUs.
❖ Setbacks
In 2024, the State mandated that state-exempt ADUs may be constructed within front setback areas. The draft ordinance reflects this change. However, ADUs that are not stateexempt are still prohibited within front setback areas. ❖ Setback Exemptions
The draft ordinance incorporates setback exemptions as described below for detached ADUs within Chapter 17.43, when none existed before. New dwelling units constructed in Brisbane since 2020 have mostly been ADUs so more specific setback exceptions are warranted due to unique and state-mandated setback areas for ADUs. The proposed exceptions are generally consistent with existing setback exceptions that apply to the primary structure, and attached ADUs – since a part of the primary structure – would be subject to the setback exceptions available to the primary structure. See Section 17.43.040 of the draft ordinance for the complete list and requirements for detached ADU setback exceptions; below is a list of what may encroach into the setback areas:
o Overhanging architectural features
o Stairs, ramps, and landings
o Supported decks
Discussion
As indicated above, the draft ordinance would bring Brisbane ADU ordinance into compliance with State ADU law. It does not go beyond the statutory minimums, except regarding the height limit for detached ADUs. The Commission may also consider modifying the parking requirement for ADUs based on recent trends, as provided below.

ADU Height Limitations
The latest updates to the State’s maximum height limitation have changed from 16 feet for detached ADUs to the following:
• Base height limitation of 16 feet for detached ADUs;
• Maximum height limitation on a detached ADU to 18 feet if the ADU is “either within a halfmile walking distance of a major transit stop or a high-quality transit corridor” and provides 9/4/2025 City Council Meeting ATTACHMENT 3 46
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow for an additional two feet for roof pitch to align with the roof pitch of the primary dwelling unit.”
• Increases the base height maximum to 18 feet for a detached ADU that is on a lot with an existing or proposed multifamily, multistory dwelling.
• Establishes a maximum height limitation on an attached ADU at 25 feet, or the existing primary dwelling height limit if lower than 25 feet. Also allows local agencies to limit an ADU to no more than two stories.

The draft ordinance would establish 18 feet as the maximum height for a detached ADU, citywide, rather than as indicated above. Previously, the only major transit stop in Brisbane was the Caltrain stop but Assembly Bill 2553 has modified the definition so that now transit stops on Bayshore and Valley Drive qualify as major stops. This puts nearly all of Central Brisbane and the eastern half of the Northeast Ridge within half a mile of a major transit stop where the State mandates a maximum height limitation of 18 feet. Adopting a singular maximum height limitation for detached ADUs citywide would be more equitable than utilizing the State’s language which would allow some ADUs to be up to 12% taller than other ADUs, even within the same zoning district.

Detached,state-exempt ADUs on a single-family property would be required to be 16 feet or less, as specified under State ADU law, and the draft ordinance does not change what is currently allowed under the BMC for attached ADUs; attached ADUs would be limited to no more than two stories and subject to the height maximum established in the underlying zone (§17.43.040(J)).

ADU Parking Requirements
The State has slightly modified ADU parking standards to be no more than one space per unit or bedroom, whichever is less. This requirement is not applicable to state-exempt units, where no parking can be required. Additionally, parking is not required under a number of situations, with the most pertinent exemption being the ADU is located within one half mile of (any) public transit. Currently, the BMC mirrors the State and the draft ordinance does not propose to further modify nor eliminate parking requirement(s) for ADUs beyond the state’s requirements; ADUs in Central Brisbane are exempt from requiring parking due to proximity to public transit and ADUs proposed within the Brisbane Acres or the Northeast Ridge are required to provide parking, unless otherwise exempted.

Since 2020 the City has approved more than 20 ADUs and none were required to provide parking due to one or more of the exemptions allowed under State ADU law, including ADUs located in districts where the BMC requires parking (unless exempted). While not proposed under the draft ordinance, modifying the attached draft ordinance to require no parking for all ADUs, citywide, would not preclude the applicant from providing a dedicated off-street parking space but it may simplify both the design process and review of ADUs with a uniform parking exemption. 9/4/2025 City Council Meeting ATTACHMENT 3 47
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ATTACHMENTS
A. Draft Resolution 2025-RZ-02 (including draft ordinance) B. Redline copy of proposed zoning text amendments
C. Excerpt from California Department of Housing and Community Development ADU Handbook (January 2025) summarizing new state legislation D. Link to Chapter 13 to Division 1 of Title 7 of the Government Code (Government Code sections 66310-66342)
__________________________________ _______________________________________ Jeremiah Robbins, Associate Planner John Swiecki, Community Development Director 9/4/2025 City Council Meeting ATTACHMENT 3 48
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ATTACHMENT A
Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow RESOLUTION 2025-RZ-02

A RESOLUTION OF THE PLANNING COMMISSION OF BRISBANE
RECOMMENDING CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 2025-RZ-02

AMENDING REGULATIONS CONCERNING ACCESSORY DWELLING UNITS AND

JUNIOR ACCESSORY DWELLING UNITS TOCOMPLY WITH STATE LAW WHEREAS, the City Council adopted the Housing Element for the 2023-2033 cycle on May 18, 2023 via Resolution No. 2023-18; and
WHEREAS, Housing Element Goal 2 establishes the community’s aspiration to facilitate and support the production of housing at all income levels, but especially affordable housing in Brisbane; and
WHEREAS, Housing Element Policy 2.A encourages zoning for a balance of housing types, sizes, and tenure, such as accessory dwelling units (ADUs), and Program 2.A.10 mandates the City will update its ADU ordinance to comply with current State law; and WHEREAS, Housing Element Goal 7 establishes the community’s aspiration to avoid unreasonable government constraints to the provisions of housing in Brisbane; and WHEREAS, Housing Element Program 7.A.1 is intended to reducing regulatory constraints on the development of new housing, particularly infill housing and housing that adds to the mix of types, size, tenure and affordability of the local housing stock; and WHEREAS, since 2020, Assembly Bills 345 (2021), 434 (2023), 1332 (2023), 976 (2023), 1033 (2023), and 2533 (2024) and Senate Bills 477 (2024) and 1211 (2024), collectively, replaced and amended Sections 65852.2, 65852.22, 65852.23, and 65852.26 of the Government Code with Sections 66310-66342 and changed the requirements for local governments relating to ADUs and junior ADUs (JADUs); and
WHEREAS, the City’s current ordinance regarding ADUs must be updated to comply with current State law; and
WHEREAS, the draft ordinance attached as Exhibit A to this resolution proposes amendments to Title 17 (Zoning) of the Brisbane Municipal Code in order to comply with current State law regarding ADUs and JADUs; and
WHEREAS, on May 8, 2025, the Planning Commission conducted a public hearing of the draft ordinance concerning ADUs and JADUs, publicly noticed in compliance with Brisbane Municipal Code Chapters 1.12 and 17.54, at which time any person interested in the matter was given an opportunity to be heard; and
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Printed on 50% recycled paper Providing for Today, Preparing for Tomorrow WHEREAS, the draft ordinance is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15282(h) of the CEQA Guidelines and categorically exempt from CEQA per Section 15183(a) of the CEQA Guidelines, and the exceptions to the categorical exemption are inapplicable.

NOW THEREFORE, based upon the evidence presented, both written and oral, the Planning Commission of the City of Brisbane, at its meeting of May 8, 2025, herby RECOMMENDS that the City Council adopt the attached ordinance.

AYES: Funke, Gooding, Patel, and Sayasane
NOES: None
ABSENT: Lau ________________________
Pamala Sayasane
Chairperson
ATTEST:
__________________________________________
JOHN A SWIECKI, Community Development Director
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ATTACHMENT A, Exhibit A
1 draft
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF BRISBANE
AMENDING BMC CHAPTERS 15.10, 17.02, 17.12, 17.16, 17.32, 17.34, AND 17.43 TO

AMEND REGULATIONS PERTAINING TO

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS The City Council of the City of Brisbane hereby ordains as follows:

1. Any area where the floor to ceiling height is less than six (6) feet.

2. Any detached garage or other detached accessory structure which does not constitute habitable space.

3. Any attached carport or covered deck.

1. An efficiency unit, as defined in section 17958.1 of the Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. (Subsections F through H, no change)
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ATTACHMENT A, Exhibit A
2 SECTION 3: Section 17.12.020 - Permitted uses in Chapter 17.12 - R-BA Brisbane Acres Residential District of the Municipal Code is amended to read as follows:

The following permitted uses shall be allowed in the R-BA district:

A. Single-family dwellings.

B. Accessory structures and uses incidental to a permitted use, including personal cultivation of cannabis in compliance with Title 8, Chapter 8.12.

C. Home occupations, conducted in accordance with the regulations prescribed in Chapter

17.44 of this title.

D. Small family day care homes.

E. Accessory dwelling units and junior accessory dwelling units, in accordance with Chapter

17.43 of this title.

Required off-street parking facilities need not be provided as covered parking unless specified differently in this chapter:

Uses: Parking Requirements:

Single-family dwellings and group care
homes:

Studio or 1-bedroom dwellings not more
than 900 square feet in floor area:
1 off-street space (uncovered or covered).

All other dwellings not exceeding 1,800
square feet in floor area:
1 off-street space plus 1 space which shall be in a
garage or carport.
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ATTACHMENT A, Exhibit A
3 Dwellings exceeding 1,800 square feet in
floor area on lots having less than 37.5 feet
in frontage:
2 off-street spaces plus 1 space which shall be in a
garage or carport.