City Council Subcommittee
March 17, 2026

Tenant Protection Housing Policies Page 1 of 5

HOUSING SUBCOMMITTEE AGENDA REPORT
Meeting Date: 3/17/2026
From: Julia Ayres, Acting Community Development Director and Tim Davis, HEART of San Mateo
Subject: MTC TOC Housing Policies
Recommendation
That the subcommittee hear the presentation on pending anti-displacement and tenant protection ordinances and give direction to staff as needed.

Background
City Policies Related to Tenant Protection and Anti-Displacement The City’s 2023-2031 Housing Element contains two goals geared toward the preservation of existing housing, including naturally occurring affordable housing and deed-restricted affordable housing (Goal 3), and to protect existing residents from displacement (Goal 4) (see Attachment 1). Policies and programs under these goals specifically commit the City to study and implement activities to achieve these goals. Building on the Housing Element, the Affordable Housing Strategic Plan (AHSP; see Attachment 2) outlines fiscal strategies the City can take to preserve existing housing and prevent displacement under Strategy C-3.

MTC’s TOC Policy
Since adoption of the Housing Element and Affordable Housing Strategic Plan, the Metropolitan Transportation Commission (MTC) adopted a Transit-Oriented Communities (TOC) Policy (see Attachment 3). The TOC Policy applies to Brisbane due to the Bayshore Caltrain station. The TOC Policy areas span several different categories related to housing and circulation. Consistency with the TOC Policy is voluntary for jurisdictions that want to be eligible and/or competitive for MTC discretionary funding under the One Bay Area Grant (OBAG) program. In June 2025 the City Council adopted a Resolution in order to receive approximately $10,000 in MTC TOC Policy grant funds to cover the cost of calibrating the recently adopted inclusionary housing in-lieu fees. The associated staff report provided a brief summary of the TOC Policy program (see Attachment 4).

To meet the TOC policy requirements related to housing production, preservation, and protection, staff have recommended pursuing the following TOC policies, which largely overlap with the City’s existing zoning ordinance, or in the case of new regulations, with goals and policies in the AHSP and the Housing Element.
• Preservation Policy 4: Condo Conversion
• Preservation Policy 7: Mobile Home Preservation
• Protection Policy 1: Just Cause Eviction
• Protection Policy 8: Tenant Relocation Assistance
Tenant Protection Housing Policies Page 2 of 5
• Protection Policy 11: Tenant Anti-Harassment Protections Each policy and necessary implementation actions are summarized below and described in detail in Attachment 5.

Discussion
The discussion below is organized around the TOC Policies named above. Staff notes that implementation of these TOC Policies would implement the City’s existing Housing Element Goals and Affordable Housing Strategic Plan strategies and would ensure the City is eligible for funding under future OBAG funding cycles.

Modifications to Existing Ordinances
Preservation Policy 4: Condo Conversion Protections
Condominium conversions are the process by which a multifamily rental property is converted to a for-sale condominium development. The City has an existing condominium conversion ordinance (BMC Chapter 17.30; See Attachment 6) that requires a use permit for a condominium conversion project. The existing ordinance requires minor adjustments to comply with TOC Preservation Policy 4 (Condo Conversion Protections) to include a requirement for a Tenant Relocation Assistance Plan, Rental Replacement Plan (1:1 replacement for any lost rental units), or the tenant first right to purchase. Updating this ordinance to comply with the MTC TOC Policy is in line with Housing Element Policies 3.A and 4.A.

Preservation Policy 7: Mobile Home Preservation
Preservation Policy 7 (Mobile Home Preservation) requires cities to protect existing mobile home parks by adopting mobile home park zoning ordinances. The City already adopted a mobile home park zoning ordinance (BMC Chapter 17.11; see Attachment 7) pursuant to the 2015-2022 Housing Element. This ordinance allows only mobile home parks and related uses in the district and requires a use permit to close a mobile home park.

To comply with the MTC TOC Policy’s requirements, minor adjustments to the existing ordinance are required to address tenant relocation assistance, including expansive tenant relocation payments, modified noticing requirements, and adjustment to the required Planning Commission findings for use permit approval. These modifications are in line with Affordable Housing Strategic Plan strategy B-1 (Protect Naturally Occurring Affordable Housing) and C-3 (Mitigate Displacement) by protecting vulnerable low-income residents from displacement who live in naturally affordable mobile home parks. Further, protection of mobile home residents is in line with Policy 3.A and program 4.C.2 to retain mobile home housing stock.

New Ordinances
The below three TOC policies are consistent with Policies 3.A and 4.A of the Housing Element as well as Strategy C-3 (Mitigation Displacement) from the Affordable Housing Strategic Plan.

Tenant Protection Housing Policies Page 3 of 5
Protection 1: Just Cause Eviction
Just Cause Eviction policies protect tenants from eviction without cause. This policy requires landlords to have a “just cause” or reason for eviction, such as non-payment of rent, habitual late payment of rent, failure to cure a substantial breach of rental agreement, or nuisance or substantial interference with comfort of the landlord or other tenants. Housing Element Program 4.A.15 commits to adopting a just cause eviction ordinance.

To comply with the TOC Policy, the City’s just cause eviction ordinance would need to comply with the provisions of existing State law (AB 1482, 2019) which establishes baseline just cause eviction criteria and procedures. The ordinance would also have to include measures that expand the provisions of AB 1482, which could include any one or more of the following:
• Not exempting:
o Rental units in owner-occupied duplexes,
o Non-owner-occupied single-family homes, and/or
o Units where at least one of the tenants has been in the property for at least 12 months (as compared to all having been in the property for at least 12 months, or at least one tenant for 24 months)
• Providing additional protections for:
o Elderly or disabled tenants,
o Tenants with children during the school year, and/or
o Other vulnerable populations.
• Increased tenant relocation benefits
The City will also need to consider how it will implement the provision requiring landlords to submit termination notices to the City. Without establishing a rent registry, which can be administratively burdensome, this provision can be implemented more simply through the following steps, as has been done by the City of Hayward:
• Posting of tenant/landlord ordinances on City website • Provision of downloadable or tenant notification form, to be completed and submitted by the landlord to a designated City email address. The City could also choose to set up an online form.
• City maintains database of any notices filed; in case a tenant or landlord should need evidence that a notice was filed.

Under this implementation strategy, the City does not have a direct role in the eviction process, though failure to file a notice provides the tenant with a defense to an eviction action.

Protection 8: Tenant Relocation Assistance
Protection Policy 8 (Tenant Relocation Assistance) requires landlords to make relocation payments for evictions. An ordinance implementing this policy must provide the following:
• Landlords must make relocation payments for all no-cause and no-fault evictions.

Tenant Protection Housing Policies Page 4 of 5
• Jurisdictions may choose to limit assistance to lower-income tenants (those at 80% of AMI or less) or lower- and moderate-income tenants (those at 120% of AMI or less). • The amount of relocation assistance must be equal to at least three months’ fair market rent, unless another law (e.g., local, state, federal) requires a higher minimum amount.

MTC/ABAG is providing a model ordinance for the City of Brisbane may adopt that establishes minimum requirements including minimum payment amounts. The City may consider requiring higher payments, either for all eligible households, or for more vulnerable populations, such as the elderly, households with minor children, or persons with disabilities.

Protection 11: Tenant Anti-Harassment Protections
Protection Policy 11 (Tenant Anti-Harassment Protections) would prevent a landlord from using force, willful threats, or menacing conduct to informally evict tenants. These informal evictions are a persistent problem, especially for low-income, undocumented, and/or limited English proficiency residents, who are more vulnerable to landlord actions. An implementing ordinance would need to provide the following:
• Define harassing behaviors
• State that the city attorney as well as the impacted tenant may bring a civil action or request an injunction in response to harassment.
• Establish penalties for landlords found to be in violation, including fines, attorneys' fees, and punitive damages, and define a violation of the ordinance as an affirmative defense for a tenant in an eviction proceeding.
• Establish noticing requirements for landlords to provide each tenant with an information sheet outlining anti-harassment protections and any other tenant protections in the jurisdiction (e.g., rent stabilization, just cause, relocation assistance).

The sheet must include links to the City of Brisbane website and at least one local tenant legal services organization.

Next Steps
Based on feedback from the subcommittee, staff will continue to work with HEART staff and the City Attorney’s office to finalize draft ordinances to implement these policy changes. Public hearings at the Planning Commission will be held for those ordinances impacting Title 17 of the BMC. The City Council would then see the full package of ordinances subsequent to Planning Commission review.

Fiscal Impact
None at this time. Development of the draft ordinances is budgeted for through staff time and the City’s contract with HEART for on-call housing policy support services. Implementation of this suite of ordinances would similarly be covered
Attachments
Tenant Protection Housing Policies Page 5 of 5

1. Housing Element excerpts

2. Affordable Housing Strategic Plan excerpts

3. MTC TOC Policy Handout

4. June 5, 2025 City Council staff report excerpts

5. Excerpts from MTC TOC Policy Administrative Guidance

6. BMC Chapter 17.30 excerpts (condo conversion ordinance)

7. BMC Chapter 17.11 (Mobile Home Park residential district) ___________________________________
Julia Ayres
Acting Community Development Director
___________________________________
Tim Davis
Director, Housing Consulting Services, HEART
___________________________________
Jeremy Dennis
City Manager/Brisbane Housing Authority Executive Director Julia Ayres

5. HOUSING PLAN
5-15
Goal 3: Preserve existing affordable housing.

As the City continues to grow, it is important to maintain and preserve existing affordable housing that is deed restricted as well as non-deed restricted housing that is naturally affordable to moderate- and to low-income households. This goal is closely related to Goal 5 of protecting residents from displacement. The City’s primary preservation target will be to renew the ground lease with Bridge Housing for the senior housing complex at 2 Visitacion Avenue (Visitacion Gardens). The City will identify and utilize other funding sources in the preservation of existing naturally affordable housing through supporting organizations that provide homeowner financial literacy training, foreclosure counseling, homesharing assistance, and rehabilitation programs.

Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 3.A: Preserve existing affordable housing units.

CDD Low/
Moderate
Income
Housing
Fund

3.A.1: Implement affordable housing
preservation and management policies
identified in the Affordable Housing
Strategic Plan (AHSP), including but not
limited to the following:
a. Establishing an early warning/
monitoring system for deed-restricted
units at risk of conversion to marketrate.
b. Allocation of potential funding
sources to organizations providing
homeowner financial literacy training,
foreclosure counseling, homesharing
matching and facilitation, and
rehabilitation programs for naturally
affordable housing.
c. Providing for tenant education and
assistance.

Adopt AHSP
Implement antidisplacement strategies
per adopted AHSP
6/30/2023
Annually
beginning
7/1/2023 and
ongoing
thereafter
through the
biennial budget
adoption process
CDD General
Fund

3.A.2: Renew the ground lease with
Bridge Housing Corporation for the
Visitacion Garden senior apartments for
an additional 30 years or other
timeframe mutually agreeable to Bridge
Housing and the City of Brisbane.

Renew ground lease
with Bridge Housing
1/31/2028
CDD General
Fund

3.A.3: Survey rental rates for permitted
accessory dwelling units to ensure their
affordability to lower-income households
at the ratios assumed in the Housing
Element sites inventory (Chapter 3).

If survey results show that ADUs are being
rented at levels that are not affordable
to low-income households at the ratios
assumed in the Housing Element, the City
will provide targeted outreach to
homeowners regarding tenant
placement assistance provided by HIP
Housing (see program 4.A.9)
Annual ADU rent survey
Connect ADU
homeowners with HIP
Housing staff
Annually, Q1
As needed based
on results of
annual rent survey
CDD,
City
Manage
r’s
Office
HUD Grant
Funds

3.A.4: Program earmarked Federal grant
funds received in FY 2021-2022 to provide
financial assistance in the form of loans
or grants to retrofit existing units for lowincome and special needs households.

Adopt program funding
guidelines
Start issuing
loans/grants
12/31/23
2024
ATTACHMENT 1

5. HOUSING PLAN CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 5-16
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
CDD General
Fund

3.A.5: Amend zoning ordinance to
require one-to-one replacement of
deed-restricted affordable housing units
converted to market-rates.

Adopt zoning
amendments
12/31/2026
Policy 3.B: Increase participation in Housing Choice Voucher and other rental assistance programs.

CDD General
Fund

3.B.1: Develop and implement an
education/outreach campaign
targeting landlords/managers on renting
to people with Housing Choice
Vouchers.

See Program 5.A.1
Geographic Targeting: R-2, R-3, NCRO-2
and SCRO-1 zoning districts and
Northeast Ridge multi-family
neighborhoods.

Metrics: In addition to citywide
broadcasting, make direct contact with
at least 10 landlords/property managers
annually by email, phone, or at the
public counter.

Launch campaign 1/31/2024 and
annually
thereafter
ATTACHMENT 1

5. HOUSING PLAN
5-17
Goal 4: Protect residents from displacement.

As the City continues to grow and evolve, avoiding gentrification and displacement of lower-income residents is a priority. The policies and programs provided below address partnerships with organizations such as Project Sentinel and other non-profit groups and tapping into other government resources to provide financial assistance, counseling and other resources to help residents maintain and retain their housing. The AHSP identifies funding priorities for programs to protect lower-income residents from displacement. This goal is closely related to Goal 4 of preserving affordable housing.

Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 4.A: Protect existing residents from displacement.

CDD Low/
Moderate
Income
Housing
Fund

4.A.1: Adopt and implement antidisplacement programs in the AHSP, such as:
a. Rental assistance program
b. Preferences for current Brisbane
residents for new affordable housing
development
c. First Time Homebuyer program
Geographic Targeting: All residential
zoning districts
Metrics: Assist three households annually
following implementation of AHSP
programs.

Adopt AHSP
Create roadmap and
timeline for specific
programs identified in
AHSP
Implement AHSP
programs
6/30/2023
6/30/2024
Beginning
6/30/2024 and
ongoing
CDD Low/
Moderate
Income
Housing
Fund

4.A.2: Support Project Sentinel’s program
to provide counseling to older
homeowners on home equity conversion
opportunities.

Partner with Project
Sentinel
Biennially with
budget starting
6/2023
CDD City Funds 4.A.3: Partner with Project Sentinel or
another qualified non-profit organization
to perform fair housing training for
landlords and tenants, and to provide
training on financial literacy and housing
counseling services for tenants. Focus
training efforts on race-based
discrimination and reasonable
accommodations.

Geographic Targeting: R-MHP, R-1, R-2,
R-3, NCRO-2, and SCRO-1 zoning districts.

Metrics: Train two landlords and four
households annually (see program 1.A.2)
Develop agreement
and schedule for at
least annual trainings
with qualified
consultant
1/31/24
CDD City Funds 4.A.4: Create a complaint referral form
accessible via the City website for fair
housing complaints to be submitted
securely and forwarded by City staff to
the appropriate State or Federal
agencies.

Metrics: Transmit all complaints to HCD
within 30 days of receipt.

Create complaint
referral form
1/31/2024
CDD Low/
Moderate
Income

4.A.5: Engage with qualified non-profit
organizations to convene a discussion
with Black, Indigenous and People of
Color households who are experiencing
Develop agreement
and schedule with
qualified consultant
1/31/2024
ATTACHMENT 1

5. HOUSING PLAN CITY OF BRISBANE 2023-2031 HOUSING ELEMENT 5-18
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Housing
Fund
comparatively high rates of cost burden
to discuss and identify solutions for relief.

Metrics: Make contact with at least ten
households.

CDD City Funds 4.A.7: Consider residential rent control provisions consistent with the provisions of
the Costa-Hawkins Act and any other
applicable State law.

City Council study
session
12/2026
CDD Low/
Moderate
Income
Housing
Fund

4.A.8: Continue to fund the regional
down payment assistance program with
affirmative marketing to households with
disproportionate housing needs including
Black/African American and
Hispanic/Latinx households through San
Mateo Housing Endowment and
Regional Trust (HEART).

Fund HEART Biennially with
adoption of the
City budget.

CDD General
Fund

4.A.9: Support the Human Investment
Program (HIP)’s shared housing program
which helps find suitable housing for the
elderly, single-parent families and
persons with special needs, through
annual financial support. See
Program 1.A.1.

Geographic targeting: All districts that
allow residential uses.

Metrics: Connect four households per
year with HIP.

Fund HIP annually Annually or with
City budget
adoption
CDD General
Fund

4.A.10: Study ordinance to require
government notification for all eviction
notices and rent increases above a
certain level.

Study session at City
Council
12/31/2028
CDD General
Fund

4.A.11: Amend inclusionary housing
ordinance to extend timeframe of
affordability covenants on new
affordable housing development
Adopt ordinance 1/31/2025
CDD General
Fund

4.A.12: Implement the City’s short term
rental ordinance to prohibit conversion
of housing units to short term residential
rentals of less than 30 days.

Implement Ordinance
655
Ongoing
CDD,
DPW
General
Fund

4.A.13: Amend the Safety and
Conservation Elements of the General
Plan to include analysis and policies
regarding flood hazard management
information and climate adaptation and
resiliency, ground water recharge and
storm water management, per
Government Code Sections 65302(d)
and 65302(g), and check all elements for
consistency with the Housing Element.

Amended Safety and
Conservation Elements
1/31/2027
DPW General
Fund

4.A.14: Continue to develop master
plans to maintain and upgrade public
infrastructure in residential
neighborhoods. Seek grants and other
special funds to supplement utility and
gas tax funds to implement improvement
projects
Ongoing, as identified
with Annual Budget
Ongoing
CDD General
Fund

4.A.15 Adopt a just cause eviction
ordinance to project renters from
arbitrary and unjustified evictions.

Adopt Ordinance 12/31/2024
ATTACHMENT 1

5. HOUSING PLAN
5-19
Lead
Dept
Funding
Source Program Actions
Implementation
Timeline
Policy 4.B: Facilitate rehabilitation of substandard residential structures and where feasible maintain their affordability to very-low-, low- and moderate- income households.

CDD City Funds 4.B.1: Collaborate with the County of San Mateo and other agencies with verylow-, low- and moderate-income Housing Repair and Home Rehabilitation
Loan Programs to expand the scope and
eligibility for assistance.

Expanded eligibility for
County rehab and
repair programs
12/31/2024
CDD City Funds 4.B.2: Implement preservation policies
identified in the Affordable Housing
Strategic Plan, including but not limited
to the following:
a. Funding existing Countywide
rehabilitation and repair programs.
b. Establishing City-funded rehabilitation
and repair program.

Adopt AHSP
Implement preservation
strategies
6/30/2023
Starting 7/1/2023
and ongoing
thereafter
through the
biennial budget
adoption process
Policy 4.C: Continue to discourage the conversion of existing apartment buildings to condominiums or cooperatives and conversion of the mobile home park to other uses.

CDD N/A 4.C.1: Maintain Zoning Ordinance
standards for condominium conversions
of existing rental units consistent with
current State law.

Maintain current zoning
ordinance
Ongoing
CDD N/A 4.C.2: Maintain the R-MHP Residential
Mobile Home Park District zoning to
retain the mobile home housing stock.

Maintain current zoning Ongoing
ATTACHMENT 1
City of Brisbane AHSP
ECONorthwest 25
Actions:
▪ Develop and adopt incentives policy for special-needs housing projects.

C-3: Mitigate Displacement (4-A-1; 4-A-B)
Growth pressures alongside increases in housing costs create growing risk of displacement, particularly among Brisbane’s most vulnerable residents, which includes seniors on fixed incomes and persons with special housing needs. Through this strategy, the City will prioritize funding for antidisplacement programs to protect existing residents, including:

First-Time Homebuyer Program
Provide financial assistance to low- and moderate-income first-time homebuyers to assist with down payments, closing costs, inspection fees, or other associated costs.

Rental Assistance Program
Rental assistance is among the most effective ways to prevent displacement and housing insecurity by providing financial assistance in the form of rental payments or partial rent payments to lower-income tenants at risk of eviction.

Local Preference Guidelines
Local preference programs ensure that local resources are going to local or regional residents.

The city will develop a local preference policy that will give preference to applicant households that meet program criteria to the maximum extent allowed by the law.

Actions:
▪ Create and maintain a repository of programs other than the ones offered by the city that offer assistance for first-time homebuyers.
▪ Update the First-Time Homebuyer Program guidelines to calibrate with current market conditions, build in flexibility as market conditions change, and evaluate available funding sources to capitalize the program.
▪ Identify target renter households most susceptible to displacement through community outreach, surveys, or review of third-party data and displacement risk metrics. ▪ Look to peer cities for successful case studies and create guidelines and processes for an ongoing local rental assistance program for targeted households. Capitalize and scale the program based on funding sources available through local and exogenous sources as they are available.
▪ Adopt local preference guidelines for affordable housing using local resources that incorporate flexibility in terms of target households and affordability levels to complement the City’s RHNA.

ATTACHMENT 2
October 2024
MTC’s Transit-Oriented Communities Policy
On September 28, 2022, the Metropolitan Transportation Commission (MTC) adopted the Transit-Oriented Communities (TOC) Policy (MTC Resolution 4530) to support the region’s transit investments by creating communities around transit stations and along transit corridors that not only enable transit ridership, but also are places where Bay Area residents of all abilities, income levels, and racial and ethnic backgrounds can live, work, and access services.

Future One Bay Area Grant (OBAG) funding cycles
will consider prioritizing investments in transit
station areas that are subject to and compliant with
the TOC Policy. Jurisdictions should anticipate
demonstrating compliance prior to the adoption of
OBAG 4, expected in 2026. MTC’s TOC Policy
Administrative Guidance provides more information
on requirements and the process and required
documentation for confirming compliance.

Applicability
The TOC Policy applies to the half-mile area around
existing and planned fixed-guideway transit stops
and stations (i.e., regional rail, commuter rail, lightrail transit, bus rapid transit, and ferries). Compliance with the TOC Policy is voluntary for jurisdictions that want to advance the goals of Plan Bay Area 2050 or
to be eligible and/or competitive for some MTC
discretionary funding. Access a map of TOC areas or
a spreadsheet of jurisdictions and TOC areas subject
to the OBAG 4 compliance deadline.

TOC Policy Goals

1. Increase the overall housing
supply in part by increasing the
density for new residential
projects. Prioritize affordable
housing in transit-rich areas.

2. In areas near regional transit
hubs, increase density for
businesses and commercial
development.

3. Prioritize bus transit, active
transportation, and shared
mobility within and to/from
transit-rich areas, particularly to
Equity Priority Communities.

4. Support and build partnerships
to create equitable transitoriented communities within the San Francisco Bay Area.

Transit Tiers
Areas subject to the TOC Policy are categorized by tier according to level of transit service:
• Tier 1: Rail stations serving regional centers (i.e., Downtown San Francisco, Downtown Oakland, and Downtown San José).
• Tier 2: Stop/station served by two or more BART lines or BART and Caltrain. • Tier 3: Stop/station served by one BART line, Caltrain, light rail transit, or bus rapid transit.
• Tier 4: Commuter rail (SMART, ACE, Capitol Corridor, Valley Link) stations, Caltrain stations south of Tamien, or ferry terminals.

Implementation Process and Timeline
MTC developed an online submission portal to streamline the process for jurisdictions to demonstrate compliance with TOC Policy requirements. Jurisdictions can submit documentation on a rolling basis until an anticipated deadline corresponding with OBAG 4 in early 2026. Jurisdictions can contact MTC for assistance with the compliance process.

ATTACHMENT 3
October 2024
TOC Policy Requirements
The TOC Policy focuses on the core elements of land use density, affordable housing, parking management, and complete streets/multimodal access to implement Plan Bay Area 2050 strategies.

1. Minimum residential and commercial office densities for new development:
• On average, the minimum density for parcels in the ½-mile TOC area must exceed a threshold determined by the TOC area’s Transit Tier. • If a jurisdiction adopts a maximum density for parcels in the ½-mile TOC area, on average, the maximum density must exceed a threshold determined by the TOC area’s Transit Tier.
• A jurisdiction is not required to zone for a particular land use in the TOC area. • Only areas where residential uses are allowed are included in residential density calculations, and only zoning districts that allow commercial office land uses as a primary use are included in commercial office density calculations. • Parcels with existing dwelling units can be excluded from the residential and commercial office density calculations.

2. Policies for affordable housing and commercial stabilization:
• A jurisdiction must adopt at least two policies for each of the “3Ps” of affordable housing (production, preservation, protection) and at least one policy for commercial stabilization.
• A jurisdiction chooses policies that best meet local needs from a menu of options. • Policies must apply in TOC areas, but a jurisdiction may choose to apply them beyond the TOC area(s), including jurisdiction wide.

3. Parking management:
• No minimum parking requirements allowed in most Transit Tiers for new residential or commercial development.
• Parking maximums for new residential and general/neighborhood commercial uses vary by Transit Tier.
• Requirements for bicycle, shared, and unbundled parking as well as Transportation Demand Management (TDM)/curb management.

4. Transit station access and circulation:
• Adopt policies/guidelines that comply with Complete Streets Policy. • Prioritize implementation of Active Transportation Plan and/or relevant Community Based Transportation Plans within TOC station area. • Complete an access gap analysis and accompanying capital and/or service improvement program.
• Identify opportunities for Mobility Hub planning and implementation.

See MTC’s TOC Policy Administrative Guidance for more information on requirements and the process and required documentation for confirming compliance.

ATTACHMENT 3
Adopt Resolution of Intent to Achieve Compliance with TOC Policy Page 1 of 3

CITY COUNCIL AGENDA REPORT
Meeting Date: June 5, 2025
From: John Swiecki, Community Development Director
Subject: Adoption of Resolution Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s Transit-Oriented Communities Policy in Order to Receive Grant to Fund Participation in Multi-Jurisdictional Grand Nexus Study
Community Goal/Result
Fiscally Prudent- Brisbane's fiscal vitality will reflect sound decisions which also speak to the values of the community.

Purpose
To receive a Transit Oriented Communities (TOC) Planning and Implementation Grant from the Metropolitan Transportation Commission (MTC) to fund the City’s participation in a multijurisdictional study to calibrate the City’s recently adopted inclusionary housing in-lieu fees.

Recommendation
Adopt the attached Resolution containing the required commitment to take steps toward achieving compliance with MTC’s TOC Policy.

Background
Inclusionary Housing In-Lieu Fee Adoption
On May 15, 2025, the City Council adopted a Resolution to amend the City’s Master Fee Schedule to add inclusionary in-lieu fees to implement the revised inclusionary housing and density bonus ordinance adopted on April 17, 2025 (see May 15, 2025 City Council agenda report in Attachment 2). As an alternative to constructing the affordable units required by the updated ordinance, developers of certain projects may pay an in-lieu fee for each affordable unit. As described in the May 15 City Council agenda report (Attachment 2), the adopted in-lieu fees are based on the “affordability gap” between market-rate housing prices and the maximum affordable purchase price for low and moderate-income households based on a 2015 economic study. The May 15 agenda report also acknowledged that the City is participating in a multi-jurisdictional study to calibrate the in-lieu fees, the results of which are anticipated in early 2026.

Multi-Jurisdictional Study
This multi-jurisdictional study is coordinated by the 21 Elements collaborative, which provides policy coordination between the 21 jurisdictions in San Mateo County. Referred to as the “Multi-jurisdictional Grand Nexus Study,” the study will leverage the participation of jurisdictions in both San Mateo County and Santa Clara counties to reduce the total cost ATTACHMENT 4
Adopt Resolution of Intent to Achieve Compliance with TOC Policy Page 2 of 3 individual jurisdictions would otherwise bear to complete economic studies to support various fees including nexus fees imposed on all new developments (development impact fees) and inclusionary in-lieu fees (optional fees elected by a developer).

In 2024, City staff signed a letter of intent to participate in this study. The scope of the City’s participation is limited to economic analysis to support updated inclusionary in-lieu fees, which analysis is estimated to cost approximately $15,000. To cover the cost of this study, staff participated in a joint grant application with other participating jurisdictions for an MTC TOC Policy grant. The MTC TOC Policy and TOC Policy Grant program are described in detail below.

MTC TOC Policy
In 2022, MTC adopted the Transit-Oriented Communities (TOC) Policy to support the region’s transit investments by creating communities around transit stations and along transit corridors.

The TOC Policy applies to locations within a half mile of existing and planned stops and stations served by Bay Area transit systems. Brisbane’s TOC area includes the one-half mile radius around the Bayshore Caltrain station. A summary of the TOC Policy’s requirements is provided in Attachment 3 for reference.

Compliance with the TOC policy requirements is necessary for cities to be eligible for regional transportation funds administered by MTC, including One Bay Area Grant (OBAG) funding.

Substantial compliance with the TOC Policy will be required in early 2026, corresponding with the OBAG 4 funding cycle. One pathway to achieving compliance with the TOC Policy is to adopt inclusionary housing ordinances that may include in-lieu fees.

TOC Policy Grant
In October of 2024 MTC announced a $60 million grant program to support work by cities to comply with the TOC Policy. The City of Belmont, acting as the fiscal agent, submitted a grant application to MTC in November of 2024 for the multi-jurisdictional study on behalf of the Cities of Belmont, Brisbane, Daly City, Menlo Park, Redwood City, San Bruno, and San Mateo.

In March 2025, MTC awarded $500,000 in grant funds for the project. The grant funding will offset a substantial portion of, if not all of the consultant cost completing the multijurisdictional study (see “Fiscal Impact” section below). The County of San Mateo, in coordination with 21 Elements, will act as the contracting entity on behalf of the participating jurisdictions. The County will manage the contract payments and City of Belmont staff will coordinate with them as fiscal agent for the grant to manage reimbursements.

The County published a Request for Proposals for the multi-jurisdictional study in February, with a response deadline of May 2. Four proposals were received, and consultants will be evaluated and selected in the coming weeks. The specific share of the grant funds that will be directly attributable to Brisbane, estimated at between $10,000 to $15,000, will be determined once the Request for Proposals process is complete and the exact amount of the consultant contract is determined.

ATTACHMENT 4
Adopt Resolution of Intent to Achieve Compliance with TOC Policy Page 3 of 3 Discussion
To accept the multi-jurisdictional grant award of $500,000, all participating jurisdictions, including the City of Brisbane, must adopt a resolution, included in Attachment 1. The resolution states that the City intends to adopt relevant policy updates emerging from the work completed through the study grant to comply with the TOC Policy; specifically, updated inclusionary in-lieu fees should the study results support such an update.

In regard to overall TOC policy compliance, of which this grant is a small part, City staff is working with San Mateo County HEART, housing policy consultants, to identify the specific compliance paths that are appropriate for Brisbane, many of which overlap with or are complimentary to the City’s 2023-2031 Housing Element programs and policies.

Fiscal Impact
Adoption of the resolution would allow the City’s participation in the multi-jurisdictional study to be largely or entirely covered by MTC grant funds. The budget for the City’s portion of the study is estimated to be $15,000. The estimated grant amount available to the City is estimated at between $10,000-$15,000. The City’s out of pocket costs not covered by the MTC grant are therefore estimated to be $5,000, though this will need to be confirmed once a successful proposal is selected for the multi-jurisdictional study and the project budget is aligned with the MTC grant funds. Should the City incur out of pocket costs not covered by the grant, the funds would be allocated via the Community Development Department’s budget or the Low and Moderate Income Housing Fund.

Environmental Review
Adoption of the resolution stating the City’s intent to comply with the MTC TOC Policy is exempt from CEQA review pursuant to CEQA Guidelines §15061(b)(3) because it involves adoption of policies and programs that would not cause a significant effect on the environment.

Measure of Success
Acceptance of grant funds to ensure the City’s inclusionary in-lieu fees are based on current market data.

Attachments

1. Resolution of Intent to Take Steps to Achieve Compliance with MTC TOC Policy

2. May 15, 2025 City Council agenda report annotated by staff

3. MTC Transit-Oriented Communities Policy Handout
___________________________________ ___________________________________ John Swiecki, Community Development Director Jeremy Dennis, City Manager ATTACHMENT 4
Reso. 2025-

RESOLUTION NO. 2025-
Resolution of The City Council of The City of Brisbane Committing to Take Steps Toward Achieving Compliance with The Metropolitan Transportation Commission’s (MTC's) Transit-Oriented Communities (TOC) Policy as a Condition for MTC to Allocate Regional Discretionary Funding to the Housing Policy Development Project (Multi-jurisdictional Grand Nexus and Feasibility Study) WHEREAS, the MTC adopted Resolution 4530, the TOC Policy; and WHEREAS, the TOC Policy incentivizes local jurisdictions to plan and zone for higher residential and commercial densities in areas within one half-mile of existing and planned fixed-guideway transit stops and stations to support the region’s transit investments and implement key greenhouse gas (GHG) reduction strategies from Plan Bay Area 2050; and WHEREAS, incentivizing local jurisdictions to also adopt policies focused on increasing housing production of all types, particularly affordable housing production, preservation and protection, commercial anti-displacement and stabilization, parking management, and transit station access and circulation further supports regional transit investments and Plan Bay Area 2050 implementation; and
WHEREAS, in 2023 MTC identified the Bayshore Caltrain station as a Tier 3 TOC in The City of Brisbane; and
WHEREAS, MTC conditions the allocation of regional discretionary funding for fixedguideway transit extension projects on compliance with the TOC Policy; and WHEREAS, MTC anticipates that future regional funding, such as the One Bay Area Grant (OBAG) program, will consider compliance with the TOC Policy as part of the prioritization and project selection process starting with OBAG 4, expected in 2026; and WHEREAS, the TOC Policy establishes different compliance expectations for existing and planned station areas based on the level of transit service; and WHEREAS, the TOC Policy identifies four TOC Policy areas (density, housing affordability, parking, and access/circulation); and
WHEREAS, on September 30, 2024 the MTC announced a Call for Projects for Transit Oriented Communities (TOC) Planning and Implementation Grants, and informed local jurisdictions of a November 22, 2024 deadline for submittals of Applications, as well as grant application guidance and requirements including compliance with the Transit Oriented Communities Policy; and
WHEREAS, the City of Belmont submitted a grant application to MTC for $620,000 for the Multi-jurisdictional Grand Nexus and Feasibility Study in the Housing Policy Development (Production) area in response to the MTC’s Call for TOC Planning and Implementation Projects; and
ATTACHMENT 4
Reso. 2025-

WHEREAS, the City of Belmont accepted a grant award from MTC for $500,000 for the Multi-jurisdictional Grand Nexus and Feasibility Study in response to the MTC’s Call for TOC Planning and Implementation Projects; and
WHEREAS, the City of Brisbane intends to work cooperatively with The City of Belmont and other cities on the Multi-jurisdictional Grand Nexus Study, with partial funding provided by the grant award from MTC; and
WHEREAS, the scope of the City of Brisbane’s participation in the Multi-jurisdictional Grand Nexus Study is limited to the study’s work to calibrate inclusionary in-lieu fees that the City adopted as part of an amended inclusionary housing ordinance; and WHEREAS, the City of Brisbane intends to work cooperatively with The City of Belmont and other cities on the Multi-jurisdictional Grand Nexus Study, with partial funding provided by the grant award from MTC; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BRISBANE AS FOLLOWS:

1. The City of Brisbane commits to completing the city’s tasks associated with the Multijurisdictional Grand Nexus and Feasibility Study work scope following an MTC grant award by applying for these funds; and

2. The City of Brisbane intends to adopt relevant policy updates emerging from the work completed through the Multi-jurisdictional Grand Nexus and Feasibility Study grant to comply with the TOC Housing Policy Development requirements. ___________________________
Cliff Lentz, Mayor
I hereby certify that the foregoing Resolution No. 2025- was duly and regularly adopted at a regular meeting of the Brisbane City Council on June 5, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
Ingrid Padilla, City Clerk
ATTACHMENT 4

• The policy must limit the number of SRO units approved to be converted in a given calendar year to no more than the number of equivalent rental units completed the previous calendar year. “Equivalent rental units” shall be defined as low-cost SRO units or any income-restricted housing affordable to households with incomes at 30% of AMI or less.
• At the time of application for conversion of units, require applicants to produce a Tenant Relocation Assistance Plan24 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents.
• Exemptions to the conversion restrictions can be made for conversion of SRO buildings to 100% affordable units for tenants at 50% of AMI or less. However, affordable housing developers need to provide existing tenants with a first right of refusal for new units. Rents for these tenants must be based on their incomes, though rents for their units could reset at 50% of AMI upon turnover. Developers also need to produce the Tenant Relocation Assistance Plan referenced above for any temporarily or permanently displaced tenants.
• If none of the at-risk SROs in a jurisdiction are located within a TOC area, then the jurisdiction must apply this policy jurisdiction-wide.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit documentation of the presence of SRO units owned by private entities other than mission-driven nonprofit organizations that would be protected by the policy.

Preservation Policy 4: Condominium Conversion Restrictions Description from TOC Policy Resolution: Require that units converted to condominiums be replaced 1:1 with comparable rental units, unless purchased by current long-term tenants or converted to permanently affordable housing with protections for existing tenants.

Purpose
The conversion of rental housing to condominiums presents a risk to maintaining a supply of rental housing, which typically serves a wider range of households than ownership units in condominiums. Establishing criteria for the conversion of rental housing to condominiums can help preserve much-needed rental housing stock, reduce the risk of displacement of existing tenants in rental units, and ensure continued 24 Relocation Assistance Plan: A plan outlining the benefits and protections afforded to tenants to minimize displacement and support relocation, including at a minimum: no penalty for the tenant to terminate a lease, payment of tenant reasonable moving expenses, relocation assistance payments in an amount that is at least three times the monthly fair market rent of the unit that the resident is being relocated out of, and tenants that experience temporary displacement must be guaranteed protection against unreasonable rent increases upon returning to their unit.

housing stability for tenants who are displaced in the event of conversions. Effective condominium conversion policies will include restrictions on conversion, right to purchase protections and relocation assistance, and the promotion of affordable housing through comparable replacement units.

Relevant State Law
Subdivision Map Act
The Subdivision Map Act (Gov Code 66410-66424.6) requires developers to provide notices of condominium conversion to tenants at every stage of the process.

Requirements for TOC Compliance
To comply with the TOC Policy, a jurisdiction’s condominium conversion policy must meet the following minimum requirements:
• Require 1-for-1 replacement of existing units with comparable rental units, when permitted by law. A program may allow or require replacement units be provided through payment of an in-lieu fee in an amount sufficient to mitigate the loss of rental housing that results from condominium conversions, in accordance with applicable law. Jurisdictions may allow the following exemptions to providing replacement units and/or paying the in-lieu fee:
o Conversions where at least 90% of condominium units are purchased by current tenants.
o Conversions to 100% housing units with long-term affordability restrictions for households earning 120% of AMI or less.
• Provide existing tenants the first right to purchase a unit at the same price offered to the general public consistent with the Subdivision Map Act.25 • At the time of application for conversion of units, require applicants to produce a Tenant Relocation Assistance Plan26 spelling out tenant protections, benefits and required relocation payments for any temporarily or permanently displaced residents.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit:
• A brief written explanation describing how the jurisdiction determined the in-lieu fee amount, including a justification for why the fee is sufficient to mitigate the loss of rental housing.
25 This is a right under the Subdivision Map Act (Gov Code 66410-66424.6). 26 Relocation Assistance Plan: A plan outlining the benefits and protections afforded to tenants to minimize displacement and support relocation, including at a minimum: no penalty for the tenant to terminate a lease, payment of tenant reasonable moving expenses, relocation assistance payments in an amount that is at least three times the monthly fair market rent of the unit that the resident is being relocated out of, and tenants that experience temporary displacement must be guaranteed protection against unreasonable rent increases upon returning to their unit.

• If a jurisdiction establishes a preservation funding program that meets requirements for Preservation Policy 1 (Funding to Preserve Unsubsidized Affordable Housing) and/or Preservation Policy 5 (Public/Community Land Trusts), the jurisdiction can use this program to also receive credit for Preservation Policy 6 (Funding to Support Preservation Capacity) if the program additionally has a set aside for capacity building that meets the requirements listed above.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit:
• An explanation for how the jurisdiction determined the amount of funding necessary to maintain project management staffing for the four-year period. • A copy of the program’s eligibility criteria if they are not included in an ordinance or other documents establishing the program.
• Documents demonstrating the jurisdiction has secured funding that meets the minimum requirements for being considered “secured.”
• A schedule of expected funding allocated to the program over the four-year period.

MTC understands that projections of future funding may be imprecise, and the expectation is that a jurisdiction will provide a reasonable projection of future funding based on the best information available at the time of submitting compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections.

Preservation Policy 7: Mobile Home Preservation
Description from TOC Policy Resolution: Policy or program to preserve mobile homes from conversion to other uses that may result in displacement of existing residents.

Purpose
Mobile home parks provide a distinct type of naturally occurring affordable housing, due to the size of mobile homes, the type of construction, and a unique dynamic where residents typically own their mobile homes but rent the lots under them from mobile home park owners. While state law extends certain protections to mobile home units, mobile home parks are increasingly being acquired by speculative investors for potential future redevelopment. Such market pressures pose displacement risks to mobile home residents, many of whom live on fixed incomes and have limited alternative affordable housing options. Accordingly, a strategy to prevent displacement and promote community stability for mobile home residents is to regulate and limit the conversion of mobile home parks, and support residents and community organizations in purchasing the park to preserve affordability. An effective Mobile Home Preservation policy or program will either limit conversions through zoning rules or provide significant relocation assistance for park residents in the event of a closure.

Relevant State Law
Mobile Home Residency Law
The California Mobile Home Residency Law (California Civil Code Section 798 – 799.11) sets rules and regulations for mobile homes, specifically regulating the relationship between landlords and residents. The law states that in the case of a change of use of the park, the management must follow specific noticing requirements and appear before a local governmental board, commission, or body to request permits for a change of use.

Requirements for TOC Compliance
To receive compliance credit for this policy, a jurisdiction must demonstrate there is at least one mobile home park (as defined by California’s Mobile Home Park Act) within the jurisdiction. Due to the heightened vulnerability of mobile home parks and the residents who occupy them, a jurisdiction with an adopted mobile home preservation policy that applies to all mobile home parks may receive credit for this policy even if none of the parks are located within TOC areas. If none of the mobile home parks are located within a TOC area, then the jurisdiction must apply its policy jurisdiction-wide.

To comply with the TOC Policy, a jurisdiction must adopt a mobile home preservation policy that meets the minimum standards for ONE of the following options:

1. Establish a Mobile Home Zoning District or Overlay Zone over existing mobile home parks which limits or prohibits the redevelopment of existing parks. o A jurisdiction may allow 100% affordable housing projects to be considered in this zone, conditionally permitted and after public hearings. If a jurisdiction chooses to do this:
 The policy’s affordability requirements must define affordable units as rental housing available to lower-income households earning 80% of Area Median Income (AMI) or less, and ownership housing to lowerand moderate-income households earning 120% of AMI or less.

Jurisdictions should require deeper levels of affordability where feasible or through offering additional incentives.
 Affordable units must have recorded documents that set binding maximum rent or price restrictions to ensure affordability. These requirements must restrict rents and sales prices to affordable levels as defined by the rules of any applicable state or federal affordable housing program. These restrictions must also ensure affordability for at least 55 years for rental housing or at least 45 years for ownership housing.  The ordinance must provide existing mobile home residents with the right to return to a unit in the new development.

A jurisdiction may meet the requirements with existing adopted policies or as needed, adopt new policies by the TOC Policy compliance deadline. At minimum, policies must apply in TOC areas. Jurisdictions may choose to apply policies beyond the TOC area(s), which could include the entirety of the jurisdiction (i.e., adopting a jurisdictionwide policy). See Section 2 of the guidance document for more information about these requirements.

Protection Policy 1: “Just Cause” Eviction
Description from TOC Policy Resolution: Defines the circumstances for evictions, such as nonpayment of rent, violation of lease terms, or permanent removal of a dwelling from the rental market, with provisions that are more protective of tenants than those established by AB 1482 (2019, Chiu).

Purpose
Just cause ordinances prohibit landlords from ending a tenancy or evicting a tenant without a specific reason. Just cause protections are generally intended to shield tenants from arbitrary evictions that may occur due to economic incentives in a competitive rental market, retaliation against specific tenants, or other instances in which tenants are not at fault. Accordingly, research identifies just cause eviction as a policy with high potential to prevent residential displacement.37 Though state law currently provides just cause protections for some tenants, these protections expire in 2030 and do not cover a wide range of tenancies and housing situations. Moreover, in the absence of local just cause policies and local government infrastructure to implement these protections, tenants may be unaware of their rights under state law and how to utilize them. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted local just cause eviction ordinances that go beyond state law to better ensure stability for tenants.

An effective just cause eviction ordinance will clearly define a limited set of recognized causes for eviction, provide protections for a wide range of tenants and most housing situations, and create processes for local implementation.

Relevant State Law
AB 1482 (Tenant Protection Act of 2019) and SB 567 (2023) While some tenants now have just cause eviction protections due to AB 1482 (the Tenant Protection Act of 2019), this law currently has a sunset of January 1, 2030. SB 567 (2023) modified the protections provided by AB 1482 by creating new requirements for landlords seeking to carry out two types of “no-fault” evictions: evictions for substantial remodels of units and owner move-in evictions. SB 567 also makes landlords who violate the Tenant Protection Act liable in civil court for damages and provides mechanisms for the Attorney General, city attorney, or county counsel to enforce the law. 37 Chapple, K. et. al. (2022). Housing Market Interventions and Residential Mobility in the San Francisco Bay Area. Federal Reserve Bank of San Francisco.

Requirements for TOC Policy Compliance
To comply with the TOC Policy, a jurisdiction’s just cause ordinance must meet the following minimum requirements:
• The ordinance must not have a sunset date.
• The ordinance must require landlords to file notices of termination of tenancy with a designated local government agency, such as a rent program/board or other city department.
• The ordinance must make the failure to file these notices with a designated agency an affirmative defense for a tenant in an eviction case.

Additionally, the ordinance must also expand on other aspects of statewide just cause protections in at least ONE of the following ways:

1. Limit the legally recognized causes for eviction: The “at-fault” and “no-fault” just causes for eviction allowed by state law can be found in California Civil Code Section 1946.2(b). If choosing this option, a jurisdiction’s just cause policy must include fewer just causes for eviction or define them with greater restrictions to increase protections for tenants.

2. Expand the types of housing and tenancies covered by just cause protections: The protections provided by state law only apply after all tenants have lived in the unit for 12 months, or where at least one tenant has occupied the unit for 24 months. Additionally, California Civil Code Section 1946.2(e) exempts several unit types from these protections. If choosing this option, a jurisdiction’s just cause policy must provide protections to a wider range of tenants and housing types, with the possibility of applying these protections to all renters in the jurisdiction and/or with no minimum period of tenancy to qualify.

Protection Policy 2: No Net Loss and Right to Return to Demolished Homes
Description from TOC Policy Resolution: Include the no net loss provisions currently outlined in SB 330 (2019, Skinner) without a sunset date. Require one-to-one replacement of units that applies the same or a deeper level of affordability, the same number of bedrooms and bathrooms, and comparable square footage to the units demolished. Provide displaced tenants with right of first refusal to rent new comparable units at the same rent as demolished units.

Purpose
The Housing Crisis Act of 2019 was established by SB 330 (2019) and amended by SB 8 (2021). The no net loss provisions in the Housing Crisis Act prevent development projects that require demolition of existing residential structures from reducing the overall housing stock and supply of affordable housing. These provisions create safeguards to ensure that new development increases the housing supply and

o While rental funds are in escrow, the landlord can request access to them only for repairs, tenant relocation assistance, and other qualifying expenses. o The rental escrow program must clearly define the circumstances in which a tenant can safely withhold or reduce rent without fear of eviction.

3. Require landlords to complete a tenant habitability plan as part of the permitting process for repairs to address code issues.
o The plan must describe how the landlord will maintain habitability for the tenant and any adjacent units while repairs are being performed. o If the tenant needs to be relocated for repairs, the plan discusses how the landlord will assist with temporary relocation, which must include offering a nearby available unit at same rent (if landlord owns other properties), paying for moving expenses, and providing relocation assistance to pay for the cost of temporary housing.
o The tenant has the right to reoccupy the unit after repairs are complete.

Submitting Additional Required Documentation
In addition to the standard submission requirements, a jurisdiction must submit:
• The rehabilitation grant/loan program’s eligibility requirements and financing terms if a jurisdiction is selecting this option.
• A template of the tenant habitability plan or a document outlining details that must be included in such a plan.

Protection Policy 8: Tenant Relocation Assistance
Description from TOC Policy Resolution: Policy or program that provides relocation assistance (financial and/or other services) to tenants displaced through no fault of their own, with assistance exceeding that required under state law.

Purpose
Relocation assistance can prevent undue burden and hardship for renters in the Bay Area’s high-cost housing market. The majority of Bay Area tenants are lower-income, making less than 80% of Area Median Income (AMI), while nearly one-quarter of the region’s renters are extremely low-income and make less than 30% of AMI.54 Consequently, most tenants are likely to require financial assistance to regain stability if they are displaced from their current housing due to demolition, code enforcement violations, no-fault or no-cause evictions, or other circumstances outside of their control.

An effective relocation assistance policy includes clear definitions of tenant eligibility and required minimum compensation from landlord.
54 U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release.

Relevant State Laws
Multiple state laws govern situations that require property owners to provide tenants with relocation assistance, including the following:
• Tenant Protection Act of 2019 (AB 1482)
• California Government Code Sections 7260-7277
• Housing Crisis Act of 2019, established by SB 330 (2019) and amended by SB 8 (2021)
• California Health and Safety Code Sections 17975-17975.10 Requirements for TOC Policy Compliance
To comply with the TOC Policy, a jurisdiction’s relocation assistance policy must meet the following minimum requirements:
• Landlords must make relocation payments for all no-cause or no-fault evictions.55 • Jurisdictions can choose to limit assistance to lower-income tenants (those at 80% of AMI or less) or lower- and moderate-income tenants (those at 120% of AMI or less).
• The amount of relocation assistance must be equal to at least three months’ fair market rent, unless another law (e.g., local, state, federal) requires a higher minimum amount.

Protection Policy 9: Mobile Home Rent Stabilization
Description from TOC Policy Resolution: Restricts annual rent increases on mobile home residents based upon a measure of inflation or another metric.

Purpose
A mobile home rent stabilization policy can help protect the affordability and stability of mobile home communities. Mobile home parks are often a unique hybrid of rental housing and ownership housing: residents typically own their homes and rent the lots where the homes are located, which generally enables mobile homes to be purchased at much lower prices than other forms of homeownership. In some cases, a mobile home resident rents the actual mobile home, either from the mobile home owner or the mobile home park. Despite their name, mobile homes are rarely able to be moved off their lots, and so an unaffordable increase in lot rent could force the sale of the mobile home and displacement of the residents. In some communities, mobile home parks comprise a significant portion of unsubsidized affordable housing, and these neighborhoods are 55 No-fault evictions can occur for tenants covered by just cause eviction protections under state law (i.e., AB 1482) or local ordinances, and these no-fault circumstances are defined by the terms of these laws.

For tenants who are not covered by just cause eviction protections under state law or local ordinances, no-cause evictions occur when a landlord chooses not to renew an annual lease or provides a notice to terminate the tenancy that is not required to state a reason.

compliance documentation to MTC. At the end of the four-year planning period (expected to align with the OBAG cycle), MTC will expect documentation of actual funding received by the program and invested in projects, which may differ from initial projections.

Protection Policy 11: Tenant Anti-Harassment Protections Description from TOC Policy Resolution: Policy or program that grants tenants legal protection from unreasonable, abusive, or coercive landlord behavior.

Purpose
Despite existing state law prohibiting landlords from using threats or intimidation for the purpose of influencing tenants to vacate a unit, landlord harassment continues to be an issue of concern and driver of informal evictions in many communities across the Bay Area. State law lacks specific language defining harassing behavior, which can make violations difficult to prove in court. As a result, multiple jurisdictions throughout the Bay Area and across California have adopted anti-harassment ordinances that go beyond state law to better ensure stability for vulnerable tenants.62 Informal evictions through tenant harassment are a persistent problem for low-income, undocumented, and/or limited English-speaking residents because these populations are especially vulnerable to landlord actions.63 Anti-harassment ordinances can reduce such displacement pressures by clarifying what constitutes harassment and enabling affected tenants as well as jurisdictions to stop harassment. Anti-harassment policies can also support habitability improvements by reducing the risk of retaliation against tenants who report habitability issues to landlords, thereby improving the quality of housing. An effective tenant anti-harassment ordinance defines prohibited harassing behaviors and mechanisms for enforcement.

Relevant State Laws
California Civil Code Section 1940.2
State law prohibits a landlord from using “force, willful threats, or menacing conduct” to influence a tenant to vacate a dwelling. The law also prohibits a landlord from threatening to disclose information regarding the immigration or citizenship status of a tenant. Tenants are entitled to up to $2,000 per violation if they prevail in a civil action. 62 Mercury News article from June 15, 2022, reporting on tenant harassment in Concord and the ordinance passed in response by the City Council. East Bay Times article from July 13, 2021, reporting on tenant harassment in Richmond and the ordinance passed in response by the City Council. 63 Desmond, M. (2012) Eviction and the Reproduction of Urban Poverty. AJS: 118(1) 88-133; Desmond, M. C. Gershenson, and B. Kiviat (2016) Forced Relocation and Residential Instability among Urban Renters. Social Service Review 89 (2). Greenberg, D. C. Gershenson and M. Desmond (2016) Discrimination in Evictions: Empirical Evidence and Legal Challenges. Harvard Civil Rights-Civil Liberties Law Review 51: 115-158.

California Civil Code Section 1942.5
State law prohibits a landlord from retaliating against a tenant for exercising their legal rights. Landlords who violate this prohibition are liable for actual damages, attorney’s fees, and punitive damages of up to $2,000 per retaliatory act.

Requirements for TOC Policy Compliance
To comply with the TOC Policy, a jurisdiction’s tenant anti-harassment policy must meet the following minimum requirements:
• The tenant anti-harassment policy must define harassing behaviors, which at minimum shall include behaviors prohibited by state law as well as the following:
o Any behavior to prevent tenant organizing. Landlords may not impinge tenants’ ability to engage in organizing activities regarding issues of common interest or concern to other tenants, including unreasonable restrictions on distributing literature to and/or meeting with other residents at properties owned by the same landlord.
o Refusal to accept or acknowledge receipt of a tenant's lawful rent payment. o Requesting information or documentation relating to immigration or citizenship status, unless otherwise required by federal law. o Failing to perform repairs or maintenance or threatening to fail to perform repairs or maintenance required by contract or by state, county, or local housing, health, or safety laws.
• The policy must state that the city or county attorney as well as the impacted tenant may bring a civil action or request an injunction in response to harassment. • The policy must establish penalties for landlords found to be in violation, including fines, attorneys' fees, and punitive damages. The policy shall also define a violation of the ordinance as an affirmative defense for a tenant in an eviction proceeding.
• The policy must establish noticing requirements for landlords to provide each tenant with an information sheet outlining anti-harassment protections and any other tenant protections in the jurisdiction (e.g., rent stabilization, just cause, relocation assistance). The sheet must include links to the city website and at least one local tenant legal services organization.

IV. Commercial Stabilization Policy Options
To comply with the TOC Policy, a jurisdiction must adopt at least one of the commercial stabilization policies listed below:
• Commercial Stabilization Policy 1: Small Business and Non-Profit Overlay Zone • Commercial Stabilization Policy 2: Small Business and Non-Profit Preference Policy
A.

1. 2.

3. 4.

5. B.

1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

11. 12.

13. 17.30.045 - Residential condominium conversions—Use permit submittal requirements.

A use permit shall be required for residential condominium conversions. The application for a use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall include, in addition to the requirements in Section 17.30.040, the following information:

A building history report, including the following:

The date of construction of all elements of the project, A statement of the major uses of the project since construction, The date and description of each major repair or renovation of any element since the date of construction,
The name and address of each present tenant of the project, In the event that any of the information in subsections A through D cannot be provided, an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons why the information cannot be obtained; A property inspection report prepared by a licensed civil engineer, structural engineer, architect, general building contractor and/or general engineering contractor, determining the level of current building and fire code compliance for and describing the condition and estimating the useful life of each of the following elements of each structure within the project:

Foundations,
Structural elements,
Interior walls, ceilings and floors (inspected for termite, dry rot or water damage, including toxic mold),
Roofs,
Drainage systems,
Exterior sidings and finishes,
Paved surfaces,
Mechanical systems,
Electrical systems,
Plumbing systems, including sewer systems,
Landscaping,
Sprinkler systems for landscaping,
Utility delivery systems,
ATTACHMENT 6

14. 15.

16. 17.

18. C.

D.

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F.

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H.

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3. 4.

5. I.

1. 2.

3. 4.

5. Central or community heating and air conditioning systems, Fire protection systems, including any automatic sprinkler systems, Alarm systems and property security in general,
Smoke detectors and any required carbon monoxide alarms, Standpipe systems;
Written certification from a licensed appliance repair contractor on the working condition of all private and common appliances and mechanical equipment; Written certification from a licensed painting contractor on the condition of all exterior painted surfaces;
Written certification from a licensed roofing contractor on the condition of all roofs; A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code; An acoustical test data report on the noise attenuation characteristics of existing party walls, floors and ceilings prepared by a licensed acoustical consultant, based upon a representative sampling of the units, identifying any current building code standards for exterior and interior noise transmission that cannot be met;
A summary of average rents for each bedroom type of rental unit, and a detailed unit history containing the following information:

Location of unit,
Number of rooms,
Size of unit in square feet,
Rental rate during two (2) years preceding the date of submittal of the application, indicating dates of rental rate increases,
Duration of occupancy of present tenants;
A housing and tenant relocation report prepared by a qualified consultant approved by the planning director, containing the following information:

The number of multiple dwelling rental units which will remain after the conversion, The nature and type of relocation assistance proposed by the applicant, including financial assistance and the provision of alternative housing facilities, including relocation programs,
Vacancy information in rental units and the availability thereof within the City of Brisbane, The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants, The proposed phasing or timing schedule of conversion and sale of units, ATTACHMENT 6

6. 7.

8. 9.

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B.

Whether existing tenants will be given any discount from otherwise applicable sales prices,
Any plan for temporary displacement of tenants who purchase units, A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two (62), number of permanent disabled persons, and tenure per unit,
Suitable proof of compliance with the residential tenant notification requirements in Government Code Sections 66452.17 and 66452.18.
(Ord. No. 612, § 13, 12-8-16)

17.30.050 - Condominium conversion—Notice.

In addition to the requirements set forth in Chapter 17.54, notice shall be given to the residential tenants in any building proposed to be converted to condominiums, concurrent with the notice required by Section 16.16.190(D) of Title 16, Subdivisions.

Copies of the staff report for condominium conversion applications shall be sent to the residential tenants of the subject building, as well as to the applicant, per Government Code Section 66452.3.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 14, 12-8-16)

17.30.060 - Condominium conversion—Findings.

In addition to the findings required for the granting of a use permit as set forth in Section 17.40.060, no use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall be granted unless the planning commission also finds and determines that:

The condominium conversion will not adversely affect the rental market by not reducing the residential rental vacancy rate to less than five percent (5%); or The condominium conversion will provide unique housing opportunities for very-low-, lowand/or moderate-income households, not currently found among comparable market-rate condominium units, that exceed the requirements of the municipal code's basic inclusionary requirement by providing one more affordable unit than required in Section 17.31.030(B)(3), based upon proposed sales prices, financing and projected monthly dues, in addition to other factors as determined by the planning commission. For example, if comparable market-rate units are currently not affordable to moderate-income households at an affordable ownership cost as defined in Section 17.31.010(A)(1), the project will include more units affordable to moderate-income households than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to moderate-income households would be provided. If comparable marketATTACHMENT 6 A.

B.

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rate units are currently affordable to moderate-income households, the project will include more units affordable to low-income households at an affordable ownership cost as defined in Section 17.31.010(A)(2) than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to low-income households would be provided. (Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 15, 12-8-16)

17.30.070 - Action by planning commission—Mandatory conditions.

The planning commission may either grant or deny the application for the condominium design permit or use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the use permit findings prescribed in Section 17.30.060 or design permit findings prescribed in Section 17.42.040. In addition, the following mandatory conditions shall be included in every condominium design permit or use permit, as applicable:

The required off-street parking spaces, excluding any guest parking spaces, shall be assigned to and included in the ownership of each individual condominium unit and shall not be sold or transferred except with the sale of such unit.

For residential condominium conversions (including conversion of a mixed-use development with residential units), any hazardous and unsafe conditions identified through the inspection required per Section 17.30.045(B) shall be corrected prior to the first sale of any of the converted units.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 16, 12-8-16)

17.30.080 - Condominium conversion—Appeals.

Any decision or determination made by the planning commission pursuant to this chapter for a condominium conversion use permit may be appealed to the city council in accordance with the procedures set forth in Sections 17.52.010 and 17.52.020 of this title, except that the appeal shall be filed within ten (10) calendar days after the date on which the decision or determination is rendered, consistent with Section 16.44.020 and Government Code Section 66452.5.

Notice of any appeal regarding a use permit for residential condominium conversions (including conversion of a mixed-use development with residential units) shall be given to residential tenants of the building subject to the proposed condominium conversion, consistent with Section

16.44.050(B)(3) and Government Code Section 66452.5.
(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 17, 12-8-16) ATTACHMENT 6
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